Loading...
HomeMy WebLinkAbout2021-12-07 Agenda and Supporting Documentatoon 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, December 7, 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.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Proclamations 3.1.Proclamation No. 10, Series of 2021, A Proclamation Declaring December 10, 2021 as "W hoVail Day" 10 min. Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail; Scott Gubrud, Director of Sales and Marketing; and J onathan Reap, Director of Public Relations and Communications Four Seasons Resort and Residences Vail; and the Grinch 4.Appointments for Boards and Commissions 4.1.Re- Appoint three members to the Commission on Special Events (C S E). 5 min. Presenter(s): Kim Langmaid, Mayor Action Requested of Council: Motion to re- appoint three people to the C S E. 5.Consent Agenda (5 min.) 5.1.November 2, 2021 Town Council Meeting Minutes 5.2.November 16, 2021 Town Council Meeting Minutes 5.3.Resolution No. 53, Series 2021, A Resolution Approving a Water Serivce Agreement Between the Town of Vail and the Eagle River Water and Sanitation District (the "E RW S D") December 7, 2021 - Page 1 of 94 Action Requested of Council: Approve, approve with amendments or deny Resolution No. 53, Series of 2021 Background: This I GA is necessary for the Residences of Main Vail development. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 53, Series of 2021 6.Town Manager Report (10 min.) 6.1.Public Health Updates 7.Action Items 7.1.Municipal J udge Appointment 5 min. Action Requested of Council: Motion to appoint Buck Allen as Municipal J udge for Town of Vail. Background: Section 7.2 of Town Charter sets forth requirements for appointing municipal judge every two years. 7.2.Booth Lake Trailhead Restroom Facility 10 min Presenter(s): Gregg Barrie Action Requested of Council: Review the information provided the memorandum and authorize the Town Manager to enter into a contract with Green Flush Restrooms in an amount not to exceed $166,000 to fabricate a restroom facility for the Booth Lake Trailhead. Background: The Booth Lake Trail is the most heavily used trail in the Vail area. More than 35,000 hikers accessed the trail during 2021. A permanent restroom connected to public water and sewer would improve cleanliness and guest experience. See the staff memorandum for details. A 10% deposit will be paid to initiate design work on the order. Council will have the option to pause or cancel the contract prior to actual construction of the restroom if desired, paying only design costs incurred to that point. Staff Recommendation: Authorize the Town Manager to enter into a contract with Green Flush Restrooms in an amount not to exceed $166,000 to fabricate a restroom facility for the Booth Lake Trailhead. 7.3.Ordinance No. 24, Series of 2021, First Reading Amending Chapter 4 of Title 1 of the Vail Town Code to Provide for an Administrative Penalty for the Late Filing of Employee Housing Unit Annual Verification Affidavits 20 min. Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 24, Series of 2021, on first reading. Background: Please refer to the staff memorandum and proposed ordinance for additional details Staff Recommendation: Approve Ordinance No. 24, Series of 2021 on first reading. 7.4.Ordinance No. 25, Series 2021, First Reading Amending Title 12, Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to Amend Section 12-15-3: Definition, Calculation, and Exclusions, Vail Town Code, to all for Underground Car Lifts to be Added and Exempted from GRFA Calculations 25 min. Presenter(s): Greg Roy, Planner Action Requested of Council: Approve, approve with modifications, or deny December 7, 2021 - Page 2 of 94 Ordinance No. 25, Series of 2021, upon first reading. Background: I n summary, GRFA is meant to control the bulk and mass of a building as viewed from the exterior of the property. The nature of underground car lifts means that they would not add to the bulk and mass of the building as viewed from the exterior and should be exempted from the GRFA calculations. The Planning and Environmental Commission held a public hearing on the proposed prescribed regulation amendment on November 8, 2021 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0-1 (Gillette abstained). Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 25, Series of 2021, upon first reading. 7.5.Ordinance No. 26, Series 2021, an Ordinance Amending Title 4, Chapter 3 of the Vail Town Code to Codify the I mposition of a Voter-Approved I ncrease in the Town's Existing Sales Tax, Effective J anuary 1, 2022 5 min. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, or approve with amendments the first reading of Ordinance 26, Series 2021. Background: Town of Vail voters approved a 0.5% increase in sales tax on all items, excluding food for home consumption, effective J an 1, 2022, and sunsetting on December 31, 2052. The increase in sales tax is dedicated to funding housing initiatives, housing developments, and housing programs. The purpose of Ordinance No. 26, Series 2021 is to amend Title 4, Chapter 3 to codify the new tax rate and exemption. Staff Recommendation: Approve, or approve with amendments the first reading of Ordinance 26, Series 2021. 8.Public Hearings 8.1.Ordinance No. 23, Series 2021, Second reading, an Ordinance Providing for the Levy Assessment and Collection of the Town Property Taxes Due for the 2021 Year and Payable in the 2022 Fiscal Year 5 min. Presenter(s): Carlie Smith, Financial Service Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 23, Series 2021. Background: The town is required by Colorado state law to certify the mill levy by December 15th of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 23, Series 2021. 9.Adjournment 9.1.Adjournment 7:50 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with December 7, 2021 - Page 3 of 94 48 hour notification dial 711. December 7, 2021 - Page 4 of 94 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. 10, S eries of 2021, A P roclamation Declaring December 10, 2021 as "W hoVail Day" P RE S E NT E R(S ): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail; S cott Gubrud, Director of Sales and Marketing; and J onathan Reap, Director of P ublic Relations and Communications Four Seasons Resort and Residences Vail; and the Grinch AT TAC H ME N TS: Description Proclamation No. 10, Series of 2021 December 7, 2021 - Page 5 of 94 Proclamation No. 10, Series of 2021 A Proclamation Declaring December 10, 2021, as “WhoVail Day”! WHEREAS, this holiday season, we will celebrate the 7th anniversary of our tradition to the twist of the story, “How the Grinch Stole Christmas,” in that this season is not Whoville, it’s WhoVail! WHEREAS, Four Seasons Resort and Residences Vail will unveil a Dr. Seuss’ Whoville-inspired gingerbread house façade, as part of its holiday offerings for children and their families. The giant gingerbread house façade combined efforts from their staff and children from the community; WHEREAS, the gingerbread house façade was created and built by the talented carpenters and the Engineering team of Four Seasons Vail; WHEREAS, the gingerbread house façade will be made by the Resort’s Pastry chef, Braeden Gilbert, and decorated by the pastry team of Four Seasons Resort and Residences Vail with a guest appearance from The Grinch and Fizzy Bruno starring as the Grinch’s dog Max; WHEREAS, local musician Trevor Michael will perform holiday carols for all to enjoy as part of the celebration; WHEREAS, the giant gingerbread house façade will be unveiled on Friday, December 10th, 2021 at 4pm, at the Four Seasons Resort and Residences Vail located at One Vail Road, symbolizing the beginning of the holiday season and providing an opportunity for all the community to come and enjoy; NOW, THEREFORE, BE IT PROCLAIMED by Mayor Dave Chapin and the Town Council of the Town of Vail, Colorado, that Friday, December 10, will be recognized as “WHOVAIL Day” to be celebrated by all who in live and visit our community, Vail, Colorado. Dated this 7th day of December 2021. Vail Town Council Attest: __________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk December 7, 2021 - Page 6 of 94 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: Re- Appoint three members to the Commission on S pecial Events (C S E ). P RE S E NT E R(S ): K im L angmaid, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to re- appoint three people to the C S E . December 7, 2021 - Page 7 of 94 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: November 2, 2021 Town Council Meeting Minutes AT TAC H ME N TS: Description Meeting Minutes December 7, 2021 - Page 8 of 94 Town Council Meeting Minutes of November 2, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, November 2, 2021 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Deputy Town Clerk 1. Citizen Participation Steve Lindstrom, Vail Local Housing Authority Chair, acknowledged both Chapin and Bruno for being “real friends to the housing effort” during their eight years on council. Lindstrom stated that the Town of Vail were leaders in showing other municipalities how to think differently about housing. Rick Sackbauer, Vail Resident, expressed frustration of the lack of activities for Vail’s aging population. Additionally, he expressed concerns regarding sidewalks that need to have the heat turned on with the weather changing and slowing down the traffic on Vail Valley Drive. Robson thanked Sackbauer for the reminder about Vail Valley Drive and stated that there will be a reminder to the transit department regarding the bus speed in that area. Douglas Smith, a Vail resident, thanked Chapin for his time, his service and his transparency. Alexis Post, a Vail resident, expressed her frustration to council regarding mail delivery within the Town of Vail. Post also stated that she had ideas for additional sustainability programs and would like to go over them with council at a later date. Anne Marie Mueller, Vail Resident, asked council to make sure that Vail’s leadership continues to maintain the “alpine feeling” inspired by Vail’s founders. 2. Any action as a result of executive session There was none. 3. Recognitions December 7, 2021 - Page 9 of 94 Town Council Meeting Minutes of November 2, 2021 Page 2 3.1. Recognition of Ellen Miller, for Trailhead Host Role Presenter(s): Dave Chapin, Mayor Ellen Miller was named the Vail Valley Mountain Trail's Association's volunteer of the year, the first ever awarded, and also serves as one of the Town of Vail's Trail Host since the program’s inception in 2019. Chapin congratulated Miller on her Vail Valley Mountain Trail’s Association’s volunteer of the year award. Chapin went on to say that Miller was a great role model that epitomized the mountain lifestyle. Mason was excited to recognize Miller for the VVMTA Award. Miller had been an ambassador for the outdoor world and the wildlife that lives there for the last 20 years. Mason shared that Vail was a better place because Miller. Miller stated she was honored to have the opportunity to be involved in the Vail community and to be a steward to the natural resources the community had here. Miller also thanked Suzanne Silverthorn, Amanda Zinn, and Mark Christie for doing a great job with the Vail Trail Host Volunteer Program. 4. Consent Agenda 4.1. October 5, 2021 Town Council Meeting Minutes Foley made a motion to approve October 5, 2021 Town Council Meeting Minutes; Coggin seconded the motion passed (7-0). 4.2. October 19, 2021 Town Council Meeting Minutes Coggin made a motion to approved October 19, 2021 Town Council Meeting Minutes; Stockmar seconded the motion passed (7-0). 4.3. Event Funding Agreement with the Vail Valley Foundation for Magic of Lights Vail Action Requested of Council: Review memorandum and award funding to Vail Valley Foundation of Magic of Lights Vail. Background: The attached memorandum summarizes the event funding agreement for Magic of Lights Vail and to request that Council authorize the Town Manager to enter into this funding agreement. Staff Recommendation: Authorize the Town Manager to enter into an agreement with the Vail Valley Foundation for Magic of Lights for $50,000. Bruno made a motion to approve Event Funding Agreement with the Vail Valley Foundation for Magic of Lights Vail; Coggin seconded motion passed (7-0). 4.4. Event Funding Agreement with Imprint Events Colorado Resorts LLC for Vail Snow Days December 7, 2021 - Page 10 of 94 Town Council Meeting Minutes of November 2, 2021 Page 3 Action Requested of Council: Review memo and award funding to Imprint Events Colorado Resorts LLC for Vail Snow Days Background: The attached memorandum summarizes the event funding agreement for Vail Snow Days, and to request that Council authorize the Town Manager to enter into this funding agreement. Staff Recommendation: Authorize the Town Manager to enter into an agreement with Imprint Events Colorado Resorts LLC for Vail Snow Days in the amount of $300,000. Mason made a motion to authorize the Town Manager to enter into an agreement with Imprint Events Colorado Resorts LLC for Vail Snow Days in the amount of $300,000; Coggin seconded motion passed (7-0). Stockmar asked to explore the potential of revenue sharing for this event and others like it moving forward. 4.5. Event Funding Agreement with Full Send Productions for Powabunga Action Requested of Council: Review memorandum and award funding to Full Send Productions for Powabunga Background: The attached memorandum summarizes the event funding agreement for Powabunga, and to request that Council authorize the Town Manager to enter into this funding agreement. Staff Recommendation: Authorize the Town Manager to enter into an agreement with Full Send Productions Powabunga in the amount of $300,000. Langmaid made a motion to authorize the Town Manager to enter into an agreement with Full Send Productions Powabunga in the amount of $300,000; Bruno seconded motion passed (7- 0). 4.6. Resolution No. 51, Series 2021, a Resolution Approving the Second Amendment to Development Agreement Between the Town of Vail and Crossroads East One LLC Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 51, Series 2021. Background: The Town and Crossroads East One, LLC entered into a Development Agreement dated July 25, 2006, as amended by that certain First Amendment to Development Agreement dated September 1, 2020. Pursuant to Section 7 of the First Amendment, Crossroads is required to use commercially reasonable efforts to cause the Entertainment Venue to be operational on or before the Entertainment Venue Deadline of November 30, 2021. Both parties wish to enter into a Second Amendment extending the Entertainment Venue Deadline by a period of one year. Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 51, Series 2021. December 7, 2021 - Page 11 of 94 Town Council Meeting Minutes of November 2, 2021 Page 4 Bruno made a motion to approve Resolution No. 51, Series 2021 to approve the Second Amendment to a Development Agreement with Crossroads East One, LLC; Coggin seconded motion passed (7-0). 4.7. Contract with Encompass Services, LLC for Professional Land Surveying Services for Ford Park Masterplan and a Bus Stop/Turnaround on Bighorn Road at Main Gore Drive Action Requested of Council: Authorize the Town Manager to enter into a PSA with Encompass Services, LLC in the amount of $56,989 for the Professional Land Surveying at 2 locations. Background: A Request for proposals for professional land surveying services was issued on October 4, 2021 with 2 firms responding with proposals. Encompass Services, LLC Broomfield, CO, submitted the lowest price proposal in the amount of $56,989. 2 local professional land surveying firms declined to submit proposals due to staffing challenges. Staff Recommendation: Authorize the Town Manager to enter into a PSA with Encompass Services, LLC in the amount of $56,989 for the Professional Land Surveying at 2 locations. Coggin made a motion to authorize the Town Manager to enter into an agreement with Encompass Services, LLC not to exceed the amount of $56,989, Mason seconded motion passed (7-0). 4.8. Lionshead Boiler Electric Service and Installation Contract Award Action Requested of Council: Authorize the Town Manager to enter into an agreement with AMS for Lionshead Boiler Electric Service and Installation. Background: The Public Works Department has identified the Lionshead boiler as the first boiler to convert to 100% electric usage as the Town begins to transition its snowmelt system from a natural gas fired system to a system running on renewable energy. This boiler is approximately 12 years old and even though it has not reached its useful life its size is an ideal candidate for conversion to gather critical data needed regarding operation characteristics and energy usage as the town continues to work with Holy Cross Energy in discussions regarding the much larger snowmelt systems the town operates. Staff Recommendation: Authorize the Town Manager to enter into an agreement in a form approved by the Town Attorney with AMS for Lionshead Boiler Electric Service and Installation in the amount not to exceed $297,696. Coggin asked how many years of useful life are left on the current boiler and if there was salvage value to the boiler. Greg Hall, Director of Public Works explained that boiler is 12 years old with 8 years left of usefulness and that there was salvageable value to the boiler. December 7, 2021 - Page 12 of 94 Town Council Meeting Minutes of November 2, 2021 Page 5 Langmaid made a motion to authorize the Town Manager to enter into an agreement in a form approved by the Town Attorney with AMS for Lionshead Boiler Electric Service and Installation not to exceed $297,696; Foley seconded motion passed (7-0). 5.0. Town Manager Report Update about invitation for community open house Wednesday, Nov. 3 to discuss restrooms at Booth Lake trailhead in East Vail Robson reminded the community members to attend the open house at Vail Mountain School to discuss plans for a permanent restroom at Booth Lake Trailhead in East Vail on Wednesday, November 3, 2021 from 5:30pm to 7:30pm. Robson stated that the Town had worked hard to have guests bused out to the trailhead throughout this past summer and regardless of visitation to the trailhead, restroom facilities are much needed from an environmental standpoint. Update on Election Results Certification Process Robson updated Council that the certification process for November 2, 2021 coordinated election with Eagle County would require a longer period for election results. The current Town Council would be in place for the November 16, 2021 meeting to certify the Mill Levy. Robson explained that the new members of the Town Council would be sworn in on December 7, 2021 and the selection of the mayor would take place during that meeting. Robson finished his report to Council by thanked the Assistant Town Manager and the Town Clerk, for their hard work in coordinating the election with Eagle County. Robson also thanked the Communications Department for their effort to keep the community informed on election information as well as the hard work that was put into the ribbon cutting ceremony earlier in the day. Action Items Resolution No. 50, Series of 2021 - A Resolution of the Vail Town Council Adopting the West Vail Master Plan Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: Approve Resolution No. 50, Series of 2021. Background: After four presentations with discussion and deliberations, on October 11, 2021, the Planning and Environmental Commission (PEC) voted 6-0 (Pratt absent) to forward a recommendation of approval of the West Vail Master Plan to Council with one condition of approval. The condition of approval was “that the proposed modifications agreed to by the PEC be incorporated into the final draft of the plan upon adoption”. The consultant team and staff has incorporated the PEC’s proposed modifications, and those suggested by the Town’s Environmental Sustainability Department, into the final draft for Council’s consideration on November 2, 2021. Staff Recommendation: Approve Resolution No. 50, Series of 2021. December 7, 2021 - Page 13 of 94 Town Council Meeting Minutes of November 2, 2021 Page 6 Gennett reminded council that the creation and adoption for the West Vail Master Plan was identified as a priority in the Town Council 2018-2020 Action Plan. Additionally, Gennett reviewed the timeline that led up to the West Vail Master Plan proposed adaptation. Gabby Voeller and Ellie Wachtel, SE Group, accompanied Gennett to present to Council. Voeller explained updated sustainability language was added to the presentation that Council saw at the October 19, 2021 meeting. Stockmar asked if there was good representation by the community members that the Master Plan would affect most. Gennett responded that although the pandemic presented a challenge with in-person input opportunities, he felt that the team was able to get a good representation of input from the community members and anticipated more input once the plan was adopted and the process of rezoning and the creation of new zones takes place. Chapin noted that Council received great feedback from the Vail Local Housing Authority and Vail Fire and Emergency Services. Bruno asked to clarify to the community how extensive a process the plan was going to be and reminded the community that the Master Plan was what could be but isn’t set in stone. Gennett stated that she was correct that the Master Plan was a plan and that there would still need to be a lot of work and community involvement to have it completed. Voeller also explained that there are some definite concrete steps to be taken next and suggested a final media post that would be easily accessible to the community stating those next steps and letting the community know that the Master Plan was adopted. Mason asked what the team was most proud of through the whole process of designing the Master Plan. Voeller explained that having as many options as the Master Plan provides made the plan richer. Wachtel agreed and added that she was excited to see how receptive the community was with the proposed residential density part of the plan. Gennett also agreed. Public comment was called. Jack Bergey, Vail Resident, inquired as to what the next steps moving forward would be. Gennett explained that the first step was drafting the proposed new zoning language, notifying the residents of those new zones that would be affect and scheduling additional community outreach. Steve Lindstrom, Vail Local Housing Authority, urged Council to make the implementation to the recommended zoning changes a top priority. Ted Steers, Vail Resident, voiced his support for the West Vail Master Plan. Douglas Smith, Vail Resident, expressed his support for the West Vail Master Plan and urged his fellow community members to embrace the plan. John Rediker, Vail Resident and DRB member, expressed his disappointment that there was not more community input into the plan and voiced his opinion that keeping two grocery stores in the area would provide competition and choice. December 7, 2021 - Page 14 of 94 Town Council Meeting Minutes of November 2, 2021 Page 7 Karen Perez, Vail Resident and member of the PEC, stated she would like to see the momentum towards the project be maintained and agreed with Rediker’s previous statement regarding community involvement and having two grocery stores in the area. Public Comment was closed. Foley made a motion to approve Resolution No. 50, Series of 2021; Stockmar seconded motion passed (7-0). Ordinance No. 22, Series of 2021, First Reading, Budget Supplemental No. 3, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Dispatch Services Fund, Timber Ridge Fund, and Residences at Main Vail Fund of the 2021 Budget for the Town of Vail Presenter(s): Carlie Smith, Financial Service Manager Action Requested of Council: Approve, or approve with amendments Ordinance No. 22, Series 2021. Background: Please see attached memorandum. Staff Recommendation: Approve, or approve with amendments Ordinance No. 22, Series 2021. Smith presented to council Ordinance No. 22, Series 2021, a third supplemental to the current 2021 budget and explained that this would be a reduction in expenditures by 19.2 million dollars due to the adjustment to the Resident at Main Vail expenditures that reflected the phased approach. Smith stated that without that approach, expenditures would have increased by 2 million. Before going over the changes to the budget, Smith explained common themes were to updating revenues to reflect the better than anticipated year the Town had been experiencing, revenue reimbursements and grants that were offset by expenditures and also adjusting expenditures transfers between funds to reflect how the money was actually spent. Smith explained that the largest increase was in sales tax which was increased by $3.9 million dollars that reflected an annual amended budget of $31.4 million. Staff recommended to allocate the full $3.9 million back to the Capital Projects Fund. General Fund Adjusted by $1.6 million which reflected an increase in lift taxes, Donovan Pavilion Rental Revenue, construction related revenues, and specific ownership fees. Increases of expenditures that were directly offset by reimbursements that included: $427,000 from the State for fire deployments $32.1 million in library grants and use of friends of the library funds for various library programs and events. Decrease in Revenue of $585,000 was reflected to defer the use of American Rescue Plan funds to 2022: December 7, 2021 - Page 15 of 94 Town Council Meeting Minutes of November 2, 2021 Page 8  The first budget supplemental of 2022 will reflect an increase of $585,000.  The Town received $1.17 million in American Rescue Plan Funds total. Expenditures:  Increase by $1.4million  Largest expenditure was $600,000 to the Marketing Fund for both Powabunga and Snow Days events which received $300,000 each  $100,000 to launch the Loading and Delivery Pilot Program, one portion is budgeted for 2021 and the other for 2022.  $120,000 increase in legal fees due to housing projects and overall new projects and programs in the Town. Smith stated that the General Fund was projected to end the 2021 year with a balance of $40.2 million dollars. Capital Projects Fund: Revenue has increased by 4.2 million:  $3.9 million is from Sales Tax increase  $200,000 for additional use tax collection  Reimbursement by the Vail Reinvestment Authority for additional construction cost needed to complete the new Children’s Garden of Learning Facility  Reimbursement from the Police Confiscation Funds for a portable PD x-ray scanner for PD Adjustments to Capital Projects Fund were transfers to other funds:  $2 million increase to the Housing Fund to potential purchase CDOT owned parcel in East Vail.  Reduced transfers to Main Vail Residences Fund and Housing Fund due to the Town completing bonding before the Main Vail Residences project started. Housing Fund Made the changes to the transfers to the Capital Project Fund and expenditures. Reflected year to date increase in Housing Fee in Lieu revenue offset by the “Buy Down” program RETT Revenues Increased by $2.5 million for Real Estate Transfer Tax  Brought total budget up to $10.5 million Expenditures:  $47,000 to start Ford Park Master Plan updates for surveying costs. Residences at Main Vail Fund Trued up the budget to reflect the bond issuance as well as the phased approach. Dispatch Services Fund Reimbursements to offset expenditures for fire deployment, software upgrades, and to purchase a new satellite for the communications vehicle. December 7, 2021 - Page 16 of 94 Town Council Meeting Minutes of November 2, 2021 Page 9 Timber Ridge Fund $25,000 to expenditures for repairs and maintenance for units that were rented by Vail Resorts Master Lease. There was no public comment. Council had no questions. Coggin made a motion to approve Ordinance No. 22, Series of 2021 upon first reading; Langmaid seconded motion approved (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at approximately 7:33 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Stephanie Bibbens, Deputy Town Clerk December 7, 2021 - Page 17 of 94 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: November 16, 2021 Town Council Meeting Minutes AT TAC H ME N TS: Description November 16, 2021 Town Council Meeting Minutes December 7, 2021 - Page 18 of 94 Town Council Meeting Minutes of November 16, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, November 16, 2021 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Emily Kloser, Vail resident, asked if the lock-off unit in the Town Managers house was being used for employee housing. Kloser also thanked Chapin, Bruno and Stockmar for their time served on the town council Anne Marie Muller, Vail resident, thanked the out going council members for serving on the town council. Bob Armour, Vail resident and former mayor, thanked the 3 out going council members for their service on the town council. Armour stated their conviction to do what was right for the community should be commended. Alison Wadey, Vail Chamber Chair, thanked the outgoing council members for their service and being champions for the Vail business. 2. Recognitions 2.1. Recognition of Alice Plain, Director of Golf at the Vail Golf Club, for Colorado PGA Golf Professional of the Year Presenter(s): Dave Chapin, Mayor Alice Plain, the director of golf at the Vail Golf Club, has been selected as the 2021 Colorado PGA Golf Professional of the Year. This is the highest honor given annually by the Colorado PGA. December 7, 2021 - Page 19 of 94 Town Council Meeting Minutes of November 16, 2021 Page 2 Chapin provided a brief history of Plain’s career with the Vail Golf Club and the chambers gave a round of applause to Plain for being selected as the 2021 Colorado PGA Golf Professional of the year. Plain thanked council for acknowledging her accomplishments and was honored for being selected for her newest award. Plain stated there were 800 people being considered for this award and only 6 were women. It was her dream as a 10-year-old to work at the Vail Golf Club. 2.2. Recognition Kate Cocchiarella, President of the Board of Education for Eagle County Presenter(s): Dave Chapin, Mayor Kate Cocchiarella, President the Board of Education for Eagle County, has served on the board from 2010 to 2021 with the last six years as the BOE's President. Chapin stated Cocchiarella was being thanked for her 11 year service on the Board of Education for Eagle County. Cocchiarella thanked council for honoring her tonight. She stated Eagle County Schools has great leadership in place. 2.3. Recognition for Outgoing Council Members Jenn Bruno, Dave Chapin, and Brian Stockmar Presenter(s): Kim Langmaid, Mayor Pro Tem; Scott Robson, Town Manager Acknowledgement and appreciation will be given Mayor Dave Chapin and Councilor Jenn Bruno as they finish eight years of service, and Councilor Brian Stockmar who is finishing two years of service as Vail Town Council members. Langmaid thanked each of the outgoing council members and spoke to each of their individual qualities. Chapin thanked his fellow council members, staff members and partners he had worked with the past eight years. He stated it was an honor to serve Vail. Bruno shared that being on council the past eight years had been one of the greatest honors of her life. Bruno noted the community’s passion and engagement that sparked 10 candidates to run for council this past election and brought out the highest voter turnout. Stockmar provided a history of the council’s accomplishments the past two years but acknowledged more work needed to be done including creation of an ethics code. Mason also thanked the 3 outgoing council members for their time and service. 3. Proclamations 3.1. Proclamation No. 9, Series of 2021, Colorado Gives Day December 7, 2021 - Page 20 of 94 Town Council Meeting Minutes of November 16, 2021 Page 3 Presenter(s): Sarah Heredia, Grassroots Committee of the Eagle County Gives Collaborative Action Requested of Council: Approve Proclamation No. 9, Series 2021 Background: Community First Foundation and FirstBank have partnered in an effort to increase charitable giving in our community through the online giving initiative Colorado Gives Day. Colorado Gives Day in 2020 raised $50 million in a single 24-hour period via online donations, $1.5 million to Eagle County nonprofits, at eaglecogives.org, a website allowing donors to direct their contributions to one or more of the 50+ local, Eagle County, charities featured on the site, making it an ideal resource for facilitating charitable giving to our locally-based nonprofit organizations. Each council member took a turn reading Proclamation No. 9, Series of 2021 into the record. 4. Matters from Mayor and Council Bruno thanked everyone again for their kind words and stated she was excited for the newly elected council members. Mason thanked the community for the significant voter turnout in November. She also thanked Vail Resorts for getting the mountain open and congratulated the new Town Council members and newly elected school board members. Coggin offered his thanks to the outgoing council members. He too thanked Vail Resorts for getting the mountain open. Foley also thanked the outgoing council members and expressed concern for the pedestrian bridge being slippery, drivers needing to reduce their speeds in school zones, and a crosswalk walk in front of Safeway. He would also like a follow up on the new loading and delivery program. Stockmar again thanked everyone for their support during his term on Town Council. Langmaid thanked Vail Resorts for the great skiing with top quality snow. She also noted the great election turnout and the quality candidates who ran for Town Council. Chapin thanked the community for being passionate about Vail. 5. Consent Agenda 5.1. Resolution No. 52, Series of 2021, Approving Two Grant Agreements between the Town of Vail and the Colorado Department of Transportation ("CDOT"). Action Requested of Council: Approve, approve with amendments or deny Resolution No. 52, Series of 2021. Background: The Town of Vail and CDOT wish to enter into certain grant agreements for the purpose of 1) the procurement of battery electric busses; and 2) the procurement of chargers to be used for the electric busses. December 7, 2021 - Page 21 of 94 Town Council Meeting Minutes of November 16, 2021 Page 4 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 52, Series of 2021. Stockmar made a motion to approve Resolution No. 52, Series of 2021; Mason seconded the motion passed (7-0). 6. Town Manager Report Robson thanked Nagel for her service as an election judge during the Eagle County coordinated election. 7. Action Items 7.1. First reading of Ordinance No. 23, Series 2021, An Ordinance providing for the Levy Assessment and Collection of the Town Property Taxes due for the 2021 year and payable in the 2022 Fiscal Year Presenter(s): Carlie Smith, Financial Service Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 23, Series 2021. Background: The town is required by Colorado state law to certify the mill levy by December 15th of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 23, Series 2021. Smith quickly reviewed Ordinance No. 23, Series of 2021 with council stating a certification of the mill levy was required for collection of 2021 town property taxes. There was no public comment Council had no questions. Stockmar made a motion to approve Ordinance No. 23, Series of 2021 upon first reading; Manson seconded the motion passed (7-0). 8. Public Hearings 8.1. Ordinance No. 22, Series of 2021, Second Reading, Budget Supplemental No. 3, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Dispatch Services Fund, Timber Ridge Fund, and Residences at Main Vail Fund of the 2021 Budget for the Town of Vail Presenter(s): Carlie Smith, Financial Service Manager Action Requested of Council: Approve, or approve with amendments Ordinance No. 22, Series 2021. Background: Please see attached memorandum. December 7, 2021 - Page 22 of 94 Town Council Meeting Minutes of November 16, 2021 Page 5 Staff Recommendation: Approve, or approve with amendments Ordinance No. 22, Series 2021. Smith reviewed the changes to Ordinance No. 22, Series of 2021 since first reading with the council. Real Estate Transfer Tax Fund:  Increase the RETT budget another $1,000,000 for an annual budget of $11,500,000. An additional $50,000 of real estate transfer tax collection fees would be paid to the General Fund due to the increase in revenue.  For the Booth Lake Trailhead restrooms budgeted in 2022, due to supply chain delays staff would like to place an order for the restrooms in December of 2021 and requested moving $200,000 from the 2022 budget to ensure the restrooms are completed by June 2022. Capital Projects Fund:  Increase the transfer from the Vail Reinvestment Authority by $350,000 to reimburse the Capital Projects Fund for a new electric snowmelt boiler in Lionhead. Service Reimbursements:  Town was awarded a total of $393,442 in restitution. Staff is proposing to allocate these funds to the General Fund, Capital Projects Fund and Dispatch Services Fund to reimburse the funds where the services were originally paid from. There was no public comment. Council had no questions. Stockmar made a motion to approve Ordinance No. 22, Series of 2021 upon second reading; Mason seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Bruno seconded the motion which passed (7-0) and the meeting adjourned at 7:05 p.m. Respectfully Submitted, Attest: __________________________________ __________________________________, Mayor ___________________________________ Tammy Nagel, Town Clerk December 7, 2021 - Page 23 of 94 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. 53, S eries 2021, A Resolution Approving a Water S erivce A greement B etween the Town of Vail and the Eagle River Water and S anitation District (the "E RW S D") 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. 53, Series of 2021 B AC K G RO UND: This I G A is necessary for the Residences of Main Vail development. S TAF F RE C O M M E ND AT IO N: Approve, approve with amendments or deny Resolution No. 53, S eries of 2021 AT TAC H ME N TS: Description resolution 53, series 2021 Agreement December 7, 2021 - Page 24 of 94 RESOLUTION NO. 53 Series of 2021 A RESOLUTION APPROVING A WATER SERVICE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT (the “ERWSD”) WHEREAS, the Town and the ERWSD wish to enter an agreement for the ERWSD to provide water service to certain real property owned by the Town, described as Middle Creek Subdivision Lot: 3, and with a physical address of 129 N. Frontage Road W., Vail, Colorado 81658, as more particularly set for in Exhibit A, attached hereto and incorporated herein by this reference (the “IGA”) NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA in substantially the form attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of December 2021. _________________________ , Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk December 7, 2021 - Page 25 of 94 Page 1 of 6 WATER SERVICE AGREEMENT This Agreement dated this ___ day of ____________, 2021, is between the Eagle River Water and Sanitation District, a quasi-municipal corporation and political subdivision of the State of Colorado (the “District”), and Town of Vail, a political subdivision of the State of Colorado (the “Town”). RECITALS A. The District is organized pursuant the Colorado Special District Act for the purpose of providing water and wastewater services. B. The Town desires to enter into an agreement with the District to have the District provide water service to certain real property (the “Property”) known in Eagle County as parcel number 2101-064-005, Middle Creek Subdivision Lot: 3, located at 129 N Frontage Road W in Vail, CO 81657. C. Those seeking water service from the District must comply with the District’s Water Dedication Policy, as amended through November 19, 2020, effective January 1, 2021, (the “Water Dedication Policy”), and all other fees, rules, regulations and requirements of the District. D. Under the District’s Water Dedication Policy, water service is conditioned upon a dedication of water rights or payment of cash in lieu of water rights for any redevelopment within its service area that will require an increase in water use or new water use not covered by existing taps or zoning that existed as of July 22, 2004. This dedication applies only to the difference between the projected increased water demand as a result of increased density or change in use, and the water demand prior to redevelopment. This water rights dedication amount is based on 100% of the projected new or increase in water use. E. The proposed redevelopment of the Property at full build out will consist of 72 deed restricted, employee housing units. F. Based on the information from the Water Demand Worksheet and the Water Rights Dedication Requirement Worksheets, attached hereto as Exhibit A, the District has determined that the new use will result in a total demand increase of 16.13 acre feet of water per year, with an annual consumption of 0.81 acre feet. G. The Town will pay for all of the District’s legal fees associated with this Agreement and any associated agreements. H. The parties desire to enter into an agreement whereby the Town agrees to comply with the Water Dedication Policy, and meet such other requirements of the District to obtain water service from the District for the Property. AGREEMENT December 7, 2021 - Page 26 of 94 Page 2 of 6 NOW, THEREFORE, in consideration of the covenants and agreements contained in this Agreement, the sufficiency of which are hereby acknowledged, the District and the Town agree as follows: 1. Water Dedication. Subject to the terms and conditions of this Agreement, the District Board of Directors has authorized a dedication cash in lieu of water rights for the Project totaling $29,571 at the District’s regularly held Board of Directors’ meeting held on April 22, 2021. 2. Water Service Commitment. The District agrees to provide sufficient water to the Project, on the same basis as other users within the District’s service area to meet the construction, residential, municipal, irrigation and other incidental water demands of the Property. Irrigation use on the Property may be curtailed by the District during periods of low stream flows, and/or during instream flow calls. Once connected, the District will monitor water usage of the Property. The water service commitment hereunder shall further be subject to the obligation of the Town and its successors and assigns to pay all tap fees and the monthly service charges of the District. 3. Water Efficiency. The Town agrees to furnish the redevelopment of the Property with industry leading standards for water efficiency such as EPA Water Sense, Energy Star, or equivalent for all water fixtures, and to provide the District with fixture specifications sheets. The Town also agrees to implement outdoor efficiency guidance provided by the District for any irrigation system updates or installs associated with the project. 4. Temporary Irrigation Water Service. Temporary irrigation water for native grass re- vegetation for the Project shall be disconnected after two growing seasons. The District requires the temporary irrigation system shall be installed above ground and separately metered. Upon removal and disconnection of the temporary irrigation system, an inspection by the District is required. The District shall have the right to disconnect the temporary irrigation service to the property if usage is not reduced within the time frame stated above. The rights and obligations set forth in the preceding paragraph shall survive the completion of this Agreement 5. Customer Charges. All customers of the District pay directly to the District, Water Tap Fees at the time of hook up, and the monthly service charges. Nothing contained in this Agreement shall modify this arrangement and all customers shall continue to be directly responsible for the payment of such fees and charges. 6. Refund. The Town does not have the right to assign, transfer or sever any excess water supply rights created in connection with this Agreement; all such rights revert to the District. 7. Ability to Serve Letter. The District will issue an Ability to Serve Letter for water service and wastewater service to the Town upon receipt of the cash in lieu of water rights payment and execution of this Agreement. 8. Construction Approvals. The Town must obtain the District’s approval of construction plans prior to the time the District will grant any required approval in connection with a building permit. All conditions listed in the construction plan approval letter become conditions of and a supplement to this Agreement and the breach of any such conditions shall constitute a breach of this Agreement. December 7, 2021 - Page 27 of 94 Page 3 of 6 9. Incorporation of Rules and Regulations and Policies. The District’s Rules & Regulations, policies and procedures, as may be amended from time to time, are incorporated into and made a part of this Agreement as if set forth herein in full. 10. Changes in Rates. The various fees and other payments required to be paid to the District are subject to change by the District pursuant to the District’s ratemaking procedures. 11. Completion of Agreement; Survival of Obligations. Except as expressly provided herein, this Agreement shall be deemed completed, satisfied and of no further force and effect upon the later of (i) the transfer of any property required to be transferred hereunder and (ii) the connection of all taps and meters for the Project. Upon the occurrence of the later of the two events referenced in the preceding sentence, the Project shall receive service and be treated like any other District customer pursuant to the District’s Rules and Regulations and policies, all as may be amended from time to time; provided, however, that the District’s rights under Section 2 hereof in connection with an increase in the water requirements of the Property above the Total Demand Limits shall remain in full force and effect and shall constitute an encumbrance upon the Property. 12. Remedies. In the event of any default, either party may pursue any and all legal remedies available at law and/or equity. 13. Recording. This Agreement shall permanently encumber and run with the Property, and shall be recorded. 14. No Precedent. The terms of this Agreement are based on the unique circumstances of the Town, the Project and the underlying transaction and shall have no precedential value on the form or interpretation of terms in existing or future water and/or wastewater service agreements. 15. Miscellaneous: a. This Agreement may not be amended nor any rights hereunder waived except by an instrument in writing signed by the parties sought to be charged with such amendment or waiver. b. This Agreement shall be interpreted in accordance with and governed by the laws of the State of Colorado. The forum for resolution of any and all disputes arising hereunder shall be the District Court in and for Eagle County, State of Colorado. c. The paragraph headings herein are inserted for convenience of reference only and do not define, limit or prescribe the scope of this Agreement. d. The parties agree to execute such additional documents as may be reasonably required to implement the terms of this Agreement. e. The terms of this Agreement shall be binding on the parties’ successors and assigns. December 7, 2021 - Page 28 of 94 Page 4 of 6 [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES ON FOLLOWING PAGE] December 7, 2021 - Page 29 of 94 Page 5 of 6 EXECUTED as of the date first set forth above. EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi-municipal corporation of the State of Colorado By: ______________________________ Name: ______________________________ Title: ______________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this _____ day of ________, 2021, by ___________________ as ________________ of the EAGLE RIVER WATER AND SANITATION DISTRICT a quasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: ______________________ ______________________________________ Notary Public December 7, 2021 - Page 30 of 94 Page 6 of 6 Town of Vail, a political subdivision of the State of Colorado, By: ________________________________ Name: ________________________________ Title: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this _____ day of ________, 2021, by ___________________ as _______________________ of and Town of Vail, a political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: ______________________ _________________________________________ Notary Public December 7, 2021 - Page 31 of 94 EXHIBIT A WATER DEMAND WORKSHEETS & CASH IN LIEU OF WATER RIGHTS DEDICATION WORKSHEET December 7, 2021 - Page 32 of 94 BOARD ACTION REQUEST TO: District Board of Directors FROM: Micah Schuette DATE: April 22, 2021 RE: Middle Creek, Lot 3 – The Residences at Main Vail Water Rights Dedication – Revised Summary of Subject: Staff is requesting Board approval of a $29,571 cash payment in lieu of a 0.97 acre-feet water rights dedication for The Residences at Main Vail redevelopment project. Discussion and Background: The Residences at Main Vail project is located on site of the existing Children’s Garden of Learning at 129 N Frontage Rd in Vail. Figure 1. Location of Highline Hotel Redevelopment The project is seeking Planning and Environmental Commission (PEC) approval from the Town of Vail to redevelop the property constructing 72 new employee housing units in place of the existing Children’s Garden of Learning (CGL). The existing CGL Building will be demolished and the preschool will move into a new building proposed in Lionshead. An existing 1.5 inch meter (5.8 SFEs) has been paid upon since 2004. Staff has made the following assumptions in calculating the water demands for the project: December 7, 2021 - Page 33 of 94 Middle Creek, Lot 3 – The Residences at Main Vail Water Rights Dedication – Revised Page 2 of 2 1. Staff is projecting water demands for the 72 employee housing units at 200 gallons per day based on observed use in other workforce rental housing. This is consistent with previous dedications such as Solar Vail in 2018 and employee housing dedications in the Upper Eagle Regional Water Authority including the District’s Stillwater project. 2. The grandfathering of existing use on the property will remain with the Children’s Garden of Learning as it transitions to another property in Vail. Therefore, no credit will be given and the full dedication will be required for the new project. The resulting 0.97 acre foot dedication amount and cash in lieu fee of $29,571 utilizes the customary 120% dedication requirement. Alternatives: The Board may consider a 100% dedication instead of the customary 120% conditioned upon the Town of Vail incorporating water efficient water fixtures, appliances, and landscaping into their design to make the project’s use of water as efficient as possible. In this instance, the dedication requirement at 100% equals a 0.81 acre-foot dedication at $24,642. Other alternatives could be considered based on input from the Board. Legal Issues: Legal Counsel will be present at the Board meeting to discuss any potential legal questions. Budget Implication: The proposed water dedication will have a positive impact to revenues equal to the fee collected. Recommendation: Staff recommends approval of the proposed $29,571 cash payment in lieu of a water rights dedication of 0.97 acre-feet. Suggested Resolution and Motion: I move to accept a cash in lieu of water rights dedication payment of $29,571 to cover the 0.97 acre-feet needed to satisfy the water dedication requirement for the Residences at Main Vail project. Attached Supporting Documentation: The Residences at Main Vail - Water Demand Worksheet The Residences at Main Vail - Cash in Lieu of Water Rights Calculator December 7, 2021 - Page 34 of 94 Project Name: Contact Person: Telephone:Date: Yes X No If yes, identify: Yes X No square feet square feet 0.0 single family equivalents (SFEs) 0 acre-feet per year 72 800 square feet 72.0 single family equivalents (SFEs) 16.13 acre-feet per year 16.13 acre-feet per year A. Detached single family lots (number): Average lot size: D. In-house demand (A x 0.3921): E. Multi-family Employee Housing Units (number): (inclusive of duplex, condominium, and apartment units) F. Average floor area of unit: (inclusive of garage and unfinished basement) G. Greater of E or E x F / 3,000: H. In-house demand (E x 0.2240): I. Total In-house demand (D + H): WATER DEMAND WORKSHEET Description of Proposed Project: Middle Creek Lot 3 - The Residences at Main Vail 2.070 acres Subdivision: MIDDLE CREEK SUB Lot: 3, Parcel Number 2101-064-09-005 Total Area (square feet or acres): Note to Applicant: Please complete all information highlighted in blue. Additional comments to be entered on the Comments worksheet. 970-688-5057 Location of Proposed Project (qtr qtr section, township, range, lot/filing) (attach legal description): 129 N FRONTAGE RD Vail, CO 81657 B. Average floor area of house: (inclusive of garage and unfinished basement) C. Greater of A or A x B / 3,000: Has this area been annexed to a metropolitan district or town? Is this project a redevelopment of existing lots and structures? Vail If yes, identify by water/sewer billing address: Redevelopment of the exisiting property removing existing 4630 of comercial space and the development of 72 deed restricted employee housing units. (31 - 2 bed/1 bath, 27 - 2 bed/2 bath, 14 - 1 bed/1 bath) , 57,656 GFRA sqft 1. RESIDENTIAL INDOOR WATER DEMAND Triumph Developmnet - Town of Vail 4/14/2021 Page 1 of 3 Form Date: November 2009 December 7, 2021 - Page 35 of 94 Project Name:Middle Creek Lot 3 - The Residences at Main Vail square feet 0.00 acres 0 square feet 0.00 acres acres acres acres acres 0.00 acres 0.00 acres 0.00 acre-feet square feet square feet square feet gallons Annual Requirement Type (acre-feet) square feet 0.00 0.10 gpd/sqft square feet 0.00 0.16 gpd/sqft square feet 0.00 0.06 gpd/sqft guest rooms 0.00 100 gpd/room Dorm rooms 0.00 150 gpcd seats 0.00 35 gpd/seat seats 0.00 20 gpd/seat 0.00I. Total other indoor usage Describe below the expected number of employees/guests/daily hours and anything that impacts the number of people using the facilities or special featurs such as swimming pools, hot tubs, or other indoor water features (use the Comments worksheet if more space is needed): B. Fountain water surface area: C. Swimming pool: 1. Surface area A. Average irrigated area per detached single family lot: B. Irrigated area (1A x 2A / 43,560): B. Office 1. Irrigated parks 2. Irrigated entry features A. Retail Space 3. Irrigated street ROW 4. OTHER INDOOR WATER USES Describe irrigation methods (sprinkler, drip, etc.) & Type of irrigated area(s): C. Average irrigated area per multi-family unit: D. Irrigated area (1E x 2C / 43,560): E. Other irrigated areas: 2. Volume 2. IRRIGATION WATER DEMAND 4. Common space G. Total irrigation demand (2F x 2.5): A. Pond water surface area: 3. OTHER OUTDOOR WATER USES G. Tavern H. Other (describe) C. Warehouse or storage D. Motel/hotel without kitchens (accommodation unit) E. Motel/hotel with kitchens F. Restaurant 5. Total other F. Total irrigated areas (2B + 2D + 2E5): Page 2 of 3 Form Date: November 2009 December 7, 2021 - Page 36 of 94 Project Name:Middle Creek Lot 3 - The Residences at Main Vail Demand Consumptive Use (acre-feet)(acre-feet) 16.13 0.81 0.00 0.00 16.13 0.81 Project Name: By: Date: Verified By: Date: Disclaimer: 4/19/2021 C. TOTAL APPLICANT: DISTRICT: Micah Schuette (Owner/Authorized Representative) Mike Foster Middle Creek Lot 3 - The Residences at Main Vail (ERW&SD Employee) 5. AVERAGE ANNUAL CONSUMPTIVE USAGE (FOR ERW&SD STAFF USE) Additional information, explanations and comments: Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority retain the right to revise the factors and cash-in-lieu payments. A. Indoor usage B. Irrigation usage Page 3 of 3 Form Date: November 2009 December 7, 2021 - Page 37 of 94 Note to Applicant: This worksheet to be completed by ERWSD personnel.Project Name:Wastewater treated at: Vail WWTP? (Yes or No):Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total1.36995 1.23737 1.36995 1.32575 1.36995 1.32575 1.36995 1.36995 1.325751.36995 1.32575 1.36995 16.130.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00000Total Demand1.36995 1.23737 1.36995 1.32575 1.36995 1.32575 1.36995 1.36995 1.325751.36995 1.32575 1.36995 16.130.06850 0.06187 0.06850 0.06629 0.06850 0.06629 0.06850 0.06850 0.066290.06850 0.06629 0.06850 0.81Dedication Requirement @ 120%0.08220 0.07424 0.08220 0.07955 0.08220 0.07955 0.08220 0.08220 0.079550.08220 0.07955 0.08220 0.97Cash in Lieu of Water Rights Payment:$29,571Row description:Notes: Dedication Requirement: Total Consumptive Use for March, April, May, June, July, October and November & Total Consumptive Use in January, February, August, September and December. Cash in Lieu of Water Rights Payment: Dedication Requirement x $10,000 in May, June, July and August and x $41,000 in January, February, March, April, September, October, November and December. The values used in the Cash in Lieu calculation are taken from the most recent ERWSD Resolution on Water Dedication Rates effective January 1, 2021 Irrigation Usage: The annual total comes from cell "C66" in the "Annual/Worksheet". The annual amount is distributed monthly based on the ratio of estimated monthly consumptive use to annual consumptive use: May 14%, June 23%, July 26%, August 21%, September 14%, October 2%.Other Outdoor Usage: The annual total comes from section 3 of the "AnnualWorksheet". The annual amount is distributed monthly depending on the type of other use and must be analyzed on a project specific use. Total Demand: Sum of the 4 use types. Total Consumptive Use: Monthly Indoor use x 5% + Irrigation Use x 80% + Outdoor Use (dependent on specific use). Residential Indoor Use: The annual total comes from cell "C46" in the "AnnualWorksheet". The annual amount is distributed monthly based on number of days in month. Other Indoor Usage: The annual total comes from cell "E94" in the AnnualWorksheet. The annual amount is distributed monthly based on number of days in month.Other Indoor UsageIrrigation UsageOther Outdoor UsageTotal Consumptive UseMiddle Creek Lot 3 - The Residences at Main Vail ProjectComponentResidential Indoor UsageWATER RIGHTS DEDICATION REQUIREMENTS OR CASH IN LIEU Eagle River Water & Sanitation District and Upper Eagle Regional Water Authority(values in acre-feet)YesDecember 7, 2021 - Page 38 of 94 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: Public Health Updates December 7, 2021 - Page 39 of 94 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: Municipal J udge Appointment AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint Buck A llen as Municipal J udge for Town of Vail. B AC K G RO UND: S ection 7.2 of Town Charter sets forth requirements for appointing municipal judge every two years. December 7, 2021 - Page 40 of 94 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: Booth L ake Trailhead Restroom F acility P RE S E NT E R(S ): Gregg B arrie AC T IO N RE Q UE S T E D O F C O UNC I L: Review the information provided the memorandum and authorize the Town Manager to enter into a contract with Green Flush Restrooms in an amount not to exceed $166,000 to fabricate a restroom facility for the Booth L ake Trailhead. B AC K G RO UND: The Booth L ake Trail is the most heavily used trail in the Vail area. More than 35,000 hikers accessed the trail during 2021. A permanent restroom connected to public water and sewer would improve cleanliness and guest experience. S ee the staff memorandum for details. A 10% deposit will be paid to initiate design work on the order. Council will have the option to pause or cancel the contract prior to actual construction of the restroom if desired, paying only design costs incurred to that point. S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into a contract with Green Flush Restrooms in an amount not to exceed $166,000 to fabricate a restroom facility for the B ooth L ake Trailhead. AT TAC H ME N TS: Description Staff Memorandum December 7, 2021 - Page 41 of 94 To: Vail Town Council From: Department of Public Works Date: December 7, 2021 Subject: Booth Lake Trailhead Restroom Facility I. PURPOSE The purpose of this agenda item is to request approval from the Town Council to purchase a prefabricated restroom facility to be installed at the Booth Lake trailhead in the spring of 2022. II. BACKGROUND The Booth Lake Trailhead is one of four trailheads located in Vail that access the Eagles Nest Wilderness Area. The trail leads to Booth Falls and Booth Lake. Booth Falls is likely the most popular hiking destination in the Vail area. Trail counts collected over the past three years indicate over 6,000 hikers each month between June 1-Sept 30, an average of over 200 each day, with peak days over 400 hikers per day. Several days during the fall topped 700 hikers in one day. During the COVID lockdown year of 2020, nearly 50,000 people hiked Booth Lake Trail from January-December. In 2018, noting the significant trail use and the lack of restroom facilities, the town began placing portable toilets at all Wilderness Area trailheads between May 15-Nov 15. Three “port-o-lets” were placed at the Booth Lake trailhead. Almost immediately, the need for these toilets was recognized as it became necessary to empty/clean the toilets twice each week. Unfortunately, during 2021, there were times when the toilets were not able to be emptied twice per week due to staffing challenges by the toilet contractor, leading to less-than-sanitary conditions. In a community that prides itself on world-class service, this is not acceptable. Based on the significant trail use and the trailhead’s location in a residential neighborhood, the installation of a permanent restroom connected to public utilities is recommended by town staff and currently budgeted in the 2022 town budget. The current overall project budget is $405,000. December 7, 2021 - Page 42 of 94 Town of Vail Page 2 III. PROPOSED FACILITY The Department of Public Works is proposing to install a prefabricated restroom structure. “Prefabricated” indicates that the building will be built off-site, delivered, and placed with a crane. The facility will be connected to public electric, water and sewer service and will include the following facilities: • One building, sized 10’ x 18’, 180 sf with two unisex restroom units • Each unit will include a toilet, urinal, sink and hand dryer • Both units will be ADA compliant, and one unit will include a changing table • Wall-mounted bottle filler on the exterior • Mechanical room with mop sink and a heater to extend the shoulder seasons • Architecture includes board and batten siding, corrugated metal wainscot, standing-seam metal roof and natural color finishes. • Site work will include bicycle parking and trash/recycling cans Building Operations The proposed restroom will be operated in the same manner as most other Town of Vail park restrooms in that it will open on a seasonal basis. In a typical year, the town’s park restrooms are opened as weather allows in late April/early May. They are cleaned daily by a vendor hired by the town. They will be closed for the season in late-October. As with all town parks, a temporary portable toilet can be placed at the trailhead thru the winter as needed. The restrooms will be open 24 hours during the season. Lighting Each restroom unit will have an obscured window to allow light into the room during the day. Each room will also include a light fixture and exhaust fan. Exterior lighting will consist of a recessed soffit light over each door. Exterior lights will be on a timer, operating from dusk until 10 pm as a safety feature but will turn off for the duration of the night to reduce disturbance to neighbors. IV. RESTROOM FACILITY SELECTION Staff evaluated restroom facilities from three suppliers. The following criteria were used: • Small building footprint to fit within existing parking lot • Ability to provide custom aesthetics appropriate for the neighborhood • Ability to provide a toilet, urinal and sink, without partitions, in each unisex room to improve cleanliness and reduce vandalism • Design and construction process • Cost It is difficult to provide a side-by-side comparison because each supplier provides a different product or service, however, the following provides an explanation of how the choice was made to recommend Green Flush Technologies as the restroom supplier. December 7, 2021 - Page 43 of 94 Town of Vail Page 3 The least expensive supplier, CXT Products, provides all-concrete structures typical of USFS and BLM vault-style toilets. While highly durable, they do not meet the aesthetic requirements for this residential location. All building components of these restrooms, from siding to shingles to interior wall finishes are poured concrete. They do not supply a restroom with both a toilet and a urinal without partitions, which would increase the size of the building to provide the required ADA accessibility. The approximate building cost is $90-$120,000 depending on size. A second company researched by town staff is Romtec. While the available finishes are comparable to Green Flush, Romtec does not provide a “prefabricated” facility. Instead, Romtec provides design drawings and specification, and the project is placed out to bid to be constructed on site by local contractors. Their cost estimates were slightly higher than Green Flush at $200-$300,000 not including utility/site work. Staff is concerned that local contractor costs could be even higher than that. In addition, the construction window is longer since the entire building constructed on-site. Like CXT, Romtec does not provide a facility with a toilet and urinal without partitions. Additional suppliers were viewed; however, architecture/aesthetics were a deciding factor in not pursuing cost estimates from these suppliers. Staff is recommending purchasing a Green Flush two-unit facility based on proposed cost, their ability to provide a facility with both a toilet and urinal in each room and the off-site construction that could begin in March instead of May. V. BUDGET INFORMATION As previously noted, the project budget is currently $405,000 for the purchase of the restroom structure and necessary site work. The budget was increased from $375,000 during the last Supplemental Budget process to address incorrect Eagle River Water and Sanitation fees. Budget Estimate Design and Bid Documents $ 20,000 (under contract with SGM) Green Flush two-unit restroom: $ 166,000 (includes foundation and installation) ERWSD Connection Fees: $ 53,000 (per revised estimate from ERWSD) Site work: $ 144,000 Contingency (~15%): $ 22,000 Project Total $ 405,000 Budget Clarifications and Concerns • Site work costs: the project will be released for public bid in late January. Given the ongoing escalation of construction costs, it is possible that the final bid will be higher than current estimates. • ERWSD Connection “tap” fees: it has been indicated by ERWSD staff that there may be a 3-5% increase in tap fees for 2022 • The trailhead parcel falls within a Geologic Hazard Zone for rockfall and debris flow. Staff is working with a geotechnical engineer to evaluate any potential mitigation needs as required by Town Code. December 7, 2021 - Page 44 of 94 Town of Vail Page 4 VI. PROJECT SCHEDULE Approving the purchase of this restroom will set the restroom design process in motion but does not obligate the Town Council to complete the project without first seeing Site Works costs when they become available after the bid process. Staff will present all project costs to the Council February 15 or March 1. At that time, the council can choose to proceed toward construction or postpone the project. All design costs should be paid at that point. Design Schedule • PEC and DRB approvals Complete (Nov 22 and Dec 7) • Restroom Design and Permitting December to mid-February 2022 • Site Work Design ongoing to mid-January • Site Work Bid Opening mid-February • Town Council review of all project costs Feb 15 or March 1 TC meeting Should Council choose to proceed… • Restroom fabrication off-site March-May 2022 • Site work can begin April 30 • Restroom delivery early June • Complete site work June • Restroom Open July 1 VII. STAFF RECOMMENDATION Staff recommends that the Council authorize the Town Manager to enter a contract with Green Flush Restrooms in an amount not to exceed $166,000 to fabricate a restroom facility for the Booth Lake Trailhead. A 10% deposit will be paid to initiate design work and permitting on the order. Council will have the option to pause or cancel the contract prior to actual construction of the restroom if desired, paying only design costs incurred to that point. VIII. ACTION REQUESTED BY COUNCIL Staff requests that the Council authorize the Town Manager to enter a contract with Green Flush Restrooms in an amount not to exceed $166,000 to fabricate a restroom facility for the Booth Lake Trailhead. Attachments: A-1 Restroom Elevations/Floorplan A-2 Site Photos A-3 Building Materials L-1 Site Plan December 7, 2021 - Page 45 of 94 APPROVED ELEVATIONS AND FLOORPLAN TWO UNIT, UNISEX RESTROOM ·MANUFACTURER: GREENFLUSH TECHNOLOGIES ·ADA-COMPLIANT ·TOILET AND URINAL IN EACH UNIT ·CHANGING TABLE IN ONE UNIT ·WINDOW IN EACH UNIT TO ALLOW NATURAL LIGHTING ·MECHANICAL ROOM ACCESS IN BACK ·STANDING SEAM METAL ROOF ·CORRUGATED METAL WAINSCOT ·BOARD AND BATTEN SIDING ·NATURAL COLORS FOR FINISHES ·INSET BOTTLE FILLER ·OPEN APRIL-OCTOBER, AS WITH OTHER PARK RESTROOMS STANDING SEAM METAL ROOF CORRUGATED METAL WAINSCOT BOARD AND BATTEN SIDING 312 18'10' 3'-6" SCALE: 1 2"= 1'-0" 0' 2'10'1'5' WINDOW, OBSCURED GLASS, EACH END DESIGNED BY DATE CHECKED BY DRAWN BY SHEET TOV JOB NO. FILE NAMETown of VailDepartment of Public Worksph 970.479.2158fax 970.479.2166www.vailgov.com1309 Elkhorn DriveVail, CO 81657SCALE RESTROOM DRAWINGSJGB JGB TRO DRB ELEV 12/1/21 RPT028 1/2"= 1'-0" A-1BOOTH LAKE TRAILHEAD RESTROOM FACILITYSTEEL DOORS WATER BOTTLE FILLER 18' 10' 6' 3'-11" 9' MECH ROOM / PLUMBING CHASE UNISEX, ADA, SINGLE USER UNISEX, ADA, SINGLE USER WATER BOTTLE FILLER WINDOW, OBSCURED GLASS December 7, 2021 - Page 46 of 94 ABOVE: PARKING LOT ENTRY BELOW: PROPOSED RESTROOM BUILDING LOCATION DESIGNED BY DATE CHECKED BY DRAWN BY SHEET TOV JOB NO. FILE NAMETown of VailDepartment of Public Worksph 970.479.2158fax 970.479.2166www.vailgov.com1309 Elkhorn DriveVail, CO 81657SCALE SITE PHOTOSGB GB TO DRB FINAL 12/3/21 RMT028 NA A-2BOOTH LAKE TRAILHEAD RESTROOM FACILITYABOVE: EXISTING PORTABLE TOILETS BELOW: VIEW FOR ADJACENT PARKING LOT December 7, 2021 - Page 47 of 94 DESIGNED BY DATE CHECKED BY DRAWN BY SHEET TOV JOB NO. FILE NAMETown of VailDepartment of Public Worksph 970.479.2158fax 970.479.2166www.vailgov.com1309 Elkhorn DriveVail, CO 81657SCALE PROPOSED MATERIALSGB GB TO DRB FINAL 12/3/21 RMT028 NA A-3BOOTH LAKE TRAILHEAD RESTROOM FACILITYABOVE: DURANGO II RESTROOM BUILDING, BOARD AND BATTON SIDING BELOW LEFT: STANDING SEAM METAL ROOF, COLOR DARK BRONZE BELOW MIDDLE: CORRUGATED CORTEN METAL WAINSCOTBELOW LEFT: STANDING SEAM METAL ROOF, COLOR DARK BRONZE BELOW MIDDLE: CORRUGATED CORTEN METAL WAINSCOT LEFT: SIDING COLOR, SHERMAN WILLIAMS "ANONYMOUS" BELOW: STEPHENS PARK RESTROOM BOTTOM: SAMPLE OF CORRUGATED METAL AND PROPOSED COLOR December 7, 2021 - Page 48 of 94 W 8404.71 8402.90 8401.31 8400.94 8400.63 8400.51 8400.42 8399.598397.09 8394.61 8394.54 8396.50 8397.74 8399.56 8401.53 8402.60 8403.66 8409.79 8414.37 REMOVE EXCESS ASPHALT. ADD LANDSCAPE SCREENING. ·(1) 6' SPRUCE ·(3) 2" ASPEN ·(7) #5 CHOKECHERRY 6 SPACE BICYCLE PARKING ADA-COMPLIANT CONCRETE WALKWAY TO ACCESS FACILITY NEW RESTROOM FACILITY. SEE SHEETS A-1 TO A-3 SCALE: 1"= 10' 0'5'10' 20' TRASH/RECYCLE CANS DESIGNED BY DATE CHECKED BY DRAWN BY SHEET TOV JOB NO. FILE NAMETown of VailDepartment of Public Worksph 970.479.2158fax 970.479.2166www.vailgov.com1309 Elkhorn DriveVail, CO 81657SCALE SITE PLANJGB JGB TRO DRB ELEV 11/3/21 RPT028 1/2"= 1'-0" L-1BOOTH LAKE TRAILHEAD RESTROOM FACILITYIMPROVE PEDESTRIAN ACCESS AROUND EXISTING ERWSD GATE 1 ADA COMPLIANT SPACE 16 PARKING SPACES December 7, 2021 - Page 49 of 94 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. 24, Series of 2021, First Reading A mending Chapter 4 of Title 1 of the Vail Town Code to P rovide for an Administrative Penalty for the L ate F iling of E mployee Housing Unit A nnual Verification Affidavits P RE S E NT E R(S ): George Ruther, Housing Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny Ordinance No. 24, S eries of 2021, on first reading. B AC K G RO UND: P lease refer to the staff memorandum and proposed ordinance for additional details S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 24, S eries of 2021 on first reading. AT TAC H ME N TS: Description Ordinance No. 24, Series of 2021 memorandum_12072021 Ordinance No. 24, Series of 2021 December 7, 2021 - Page 50 of 94 To: Vail Town Council From: George Ruther, Housing Director Date: December 7, 2021 Subject: Ordinance No. 24, Series of 2021 I. PURPOSE The purpose of Ordinance No. 24, Series of 2021, is to amend the Vail Town Code to create an administrative penalty for deed-restricted property owners that fail to meet the deed restriction compliance deadline of February 1, annually. If approved, this ordinance will be effective in time for the February 1, 2022 deed restriction compliance verification deadline. A copy of the proposed ordinance has been attached for reference. This action furthers the goals and priorities outlined in the Vail Town Council Action Plan 2018 – 2020 and aligns with the 2018 Housing Policy Statements recently reaffirmed by the Vail Town Council. II. BACKGROUND The Town of Vail has made a sizeable financial investment in the acquisition of deed restrictions on residential properties to ensure the availability of homes for seasonal and year-round residents of Vail. All deed restriction agreements are recorded by mutual consent of the property owner and the Town of Vail. Pursuant to the agreements, the property owner acknowledges, and has agreed in writing, to submit deed restriction compliance verification documentation and a signed affidavit to the Town of Vail by no later than February 1, annually. The purpose of the verification requirement is to protect the Town’s financial investment and ensure that all deed-restricted homes are being occupied in full compliance with the terms of the deed restriction agreements. Not all deed-restricted property owners comply with the deed restriction compliance verification requirement. In fact, each year, some property owners repeatedly fail to comply despite courtesy notices or previous enforcement actions. Failure to comply with the verification requirement results in numerous negative outcomes for the Town of Vail, including: December 7, 2021 - Page 51 of 94 Town of Vail Page 2 • Avoidable added costs incurred to the Vail taxpayer to verify compliance, including enforcement expenses and court costs. • Loss of staff time and resources that could otherwise be used to focus on additional developments, programs. and initiatives aimed at increasing the supply of available housing in Vail. • Creation of a perception of inequality and fairness of treatment amongst deed- restricted property owners which results in a loss of credibility for the Town’s housing efforts. The Vail Local Housing Authority, serving in an advisory role only, has taken the proposed amendment under consideration and forwarded a unanimous recommendation of approval of said amendment to the Vail Town Council. The Town of Vail Housing Department presented the proposed amendment to the Vail Town Council on November 16, 2021, along with the recommendation of the Vail Local Housing Authority. At the conclusion of the presentation, the Town Council instructed the Housing Department to take the steps necessary to prepare an amending ordinance for further consideration. III. ACTION REQUESTED The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 24, Series of 2021, upon first reading. IV. STAFF RECOMMENDATION The town staff recommends the Vail Town Council approves Ordinance No. 24, Series of 2021, on first reading. If approved, the Housing Department, in collaboration with the Town’s Communications Department, will take immediate action to adequately inform all deed-restricted property owners of this amendment in advance of the February 1, 2022 verification deadline. December 7, 2021 - Page 52 of 94 1 12/2/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2021\EHU VERIFICATION PENALTY-O111821_12072021.DOCX ORDINANCE NO. 24 SERIES 2021 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL TOWN CODE TO PROVIDE FOR AN ADMINISTRATIVE PENALTY FOR THE LATE FILING OF EMPLOYEE HOUSING UNIT ANNUAL VERIFICATION AFFIDAVITS WHEREAS, pursuant to C.R.S. § 31-16-101 and its home rule charter, the Town is empowered to impose penalties for violations of ordinances within its jurisdiction; WHEREAS, pursuant to Vail Town Code § 12-13-3.A.4, no later than February 1 of each year, the owner of each employee housing unit in the Town must file an affidavit to verify that the employee housing unit is being occupied in accordance with the Vail Town Code and the deed restriction affecting the employee housing unit; WHEREAS, the various deed restrictions affecting employee housing units in the Town contain the same annual verification requirement; WHEREAS, the Town Council finds and determines that the imposition of an administrative penalty is necessary to ensure continued compliance with the annual verification requirement for employee housing units; and WHEREAS, ensuring continued compliance with the annual verification requirement for employee housing units in the Town is in the best interest of the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by the addition of a new Section 1-4-5, to read as follows: 1-4-5: ADMINISTRATIVE PENALTY FOR LATE FILING OF EMPLOYEE HOUSING UNIT VERIFICATION AFFIDAVITS: A. Any person who is required by § 12-13-3.A.4 of this Code or any deed restriction applicable to any real property in the Town to file an annual verification affidavit, and who fails to file such affidavit, along with all required supporting documentation, by February 1 of any given year, shall be liable for an administrative penalty of $250. B. Written notice of the administrative penalty shall be provided by first- class United States mail to such person at such person's last known address. The administrative penalty shall be due and payable within fourteen (14) days of the date of the notice. December 7, 2021 - Page 53 of 94 2 12/2/2021 S:\HOUSING\BOARDS\VAIL TOWN COUNCIL\MEMOS\2021\EHU VERIFICATION PENALTY-O111821_12072021.DOCX C. It is unlawful for any person to fail to timely pay the administrative penalty imposed by this Section. Violations of this Section shall be subject to the General Penalty set forth in Section 1-4-1 of this Code. Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public hearing for second reading of this Ordinance is set for the 21st day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ ___________, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of December, 2021. _____________________________ _____________, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk December 7, 2021 - Page 54 of 94 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. 25, Series 2021, First Reading Amending Title 12, Zoning Regulations, Vail Town Code, P ursuant to Section 12-3-7, A mendment, to A mend Section 12-15- 3: Definition, Calculation, and E xclusions, Vail Town Code, to all for Underground Car L ifts to be A dded and Exempted from G R FA Calculations P RE S E NT E R(S ): Greg Roy, Planner AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny Ordinance No. 25, S eries of 2021, upon first reading. B AC K G RO UND: I n summary, G R FA is meant to control the bulk and mass of a building as viewed f rom the exterior of the property. T he nature of underground car lif ts means that they would not add to the bulk and mass of the building as viewed from the exterior and should be exempted f rom the G R FA calculations. The P lanning and E nvironmental Commission held a public hearing on the proposed prescribed regulation amendment on November 8, 2021 where a recommendation f or approval was forwarded to the Vail Town Council by a vote of 6-0-1 (Gillette abstained). S TAF F RE C O M M E ND AT IO N: A pprove, approve with modifications, or deny Ordinance No. 25, S eries of 2021, upon first reading. AT TAC H ME N TS: Description Ordinance 25, Series of 2021 Staff Memorandum Attachment A. Ordinance 25, Series of 2021 Attachment B. Applicant Narrative 10-27-2021 Attachment C. Staff Memorandum P E C20-0046 Attachment D. P E C Minutes 110821 December 7, 2021 - Page 55 of 94 TO: Town Council FROM: Community Development Department DATE: December 7, 2021 SUBJECT: First Reading of Ordinance No. 25, Series of 2021, an ordinance for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations and setting forth details in regard thereto. (PEC21-0046) Applicant: Mauriello Planning Group and KH Webb Architects Planner: Greg Roy I. SUMMARY The applicants, Mauriello Planning Group and KH Webb Architects, are requesting approval for a prescribed regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations. The Planning and Environmental Commission held a public hearing on the proposed prescribed regulation amendment on November 8, 2021 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6 -0-1 (Gillette abstained). II. ACTION REQUESTED OF TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 25, Series of 2021, upon first reading. Included with this memorandum are the following for review by the Town Council: A. Ordinance No. 25, Series of 2021 B. Applicant Narrative, 10-27-2021 C. Staff Memorandum, PEC21-0046 D. PEC Minutes from Meeting on 11-8-2021 December 7, 2021 - Page 56 of 94 Town of Vail Page 2 III. BACKGROUND The Community Development Department strives for rules and regulations that are consistent, enforceable, predictable and easily understood. The current code language does not address underground car vaults which are growing in popularity and are being requested more frequently. The proposed amendment will clarify the rules around these new features to ensure they are applied consistently and predictably in the future. The purpose of the Gross Residential Floor Area (GRFA) chapter of Town Code is noted below: “This chapter is intended to control and limit the size, bulk, and mass of residential structures within the town. Gross residential floor area (GRFA) regulation is an effective tool for limiting the size of residential structures and ensuring that residential structures are developed in an environmentally sensitive manner by allowing adequate air and light in residential areas and districts.” In summary, GRFA is meant to control the bulk and mass of a building as viewed from the exterior of the property. The nature of underground car lifts means that they would not add to the bulk and mass of the building as viewed from the exterior and should be exempted from the GRFA calculations. As proposed, the entire vault would be required to be below the finished grade. It will also not count as a portion of the lowest level for the basement deduction. This prevents a vault from being used as additional wall area below grade to increase the basement deduction but also does not penalize applicants for adding a vault that may be below the basement level of the house. The benefit of allowing this additional exemption could lessen the visual impacts of exterior parking or additional garage bays on a home. It could also reduce the amount of lot area taken up by driveway space to accommodate the minimum parking requirements. By increasing the amount of possible interior parking, those externalities are removed from the visual aspect of a residence. IV. PROPOSED TEXT AMENDMENT LANGUAGE The applicant proposes the following language to be added to Title 12: The proposed amendments are as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.): Proposed new code language 12-15-3 (A)(1)(a): (9) Underground vaults with a mechanical lift system for the purpose of enclosed December 7, 2021 - Page 57 of 94 Town of Vail Page 3 parking, if all the following criteria are met: A. The vault is only used for the storage of vehicles. B. The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16’) in height. C. The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. D. The vault is only accessible from within the garage. E. Any openings to the vault shall be no larger than the minimum required by Building Code. F. The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title. Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. V. OLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: December 7, 2021 - Page 58 of 94 Town of Vail Page 4 Vail Comprehensive Plan Land Use and Development Goal #1 • 1.3: The quality of development should be maintained and upgraded whenever possible. Vail 2020 Strategic Plan • Goal #3: Ensure fairness and consistency in the development review process. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purpose of the zoning regulations is for “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality”. This text amendment is intended to allow for the addition of underground car vaults within a building. Doing so will enhance the character of the town as a resident ial community of the highest quality by reducing the visual impact of surface parking. It will also reduce the necessity of larger paved driveways to accommodate parking minimums. Staff finds that the proposed text amendment conforms to this criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will result in an improved level of development within the town. While lifts are not prohibited at this time, they may be underutilized due to the additional square footage of the GRFA requirement or conflicting with a basement level deduction. Adding this language will keep the Town Code up to date on modern trends and allow car vaults to be regulated similarly as they become more popular. This will also have the desirable outcome of allowing more parking inside of a structure with no visual addition to the structure. Staff finds that the proposed text amendment conforms to this criterion. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and December 7, 2021 - Page 59 of 94 Town of Vail Page 5 The current regulations were not set up with a consideration of car vaults. As time has progressed, these have become more affordable and accessible to the single-family or duplex residence in Vail. Trends predict that these will become more utilized in the future and it would benefit the Town to set explicit regulations around them. Staff finds that the proposed text amendment conforms to this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed language will provide a workable relationship that is consistent with development objectives. The proposed language fits easily into the GRFA exemptions and clarifies that it will not conflict with the basement deduction in subsection six. Staff did not find any conflicts or potential externalities that may arise from explicitly permitting these car vaults with the included criteria. Staff finds that the proposed text amendment conforms to this criterion. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendments. VIII. RECOMMENDED MOTION Should the Town Council choose to approve Ordinance No. 25, Series of 2021, upon first reading, the Planning and Environmental Commission recommends the Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 25, Series of 2021 an ordinance for a prescribed regulation amendment, pursuant to Section 12 -3-7, Amendment, Vail Town Code, to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations and setting forth details in regard thereto.” Should the Town Council choose to approve Ordinance No. 25, Series of 2021, the Planning and Environmental Commission recommends the Council makes the following findings: “Based upon a review of Section VII of the November 8, 2021 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, December 7, 2021 - Page 60 of 94 Town of Vail Page 6 objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATT ACHMENTS A. Ordinance No. 25, Series of 2021 B. Applicant Narrative, 10-27-2021 C. Staff Memorandum, PEC21-0046 D. PEC Minutes from Meeting on 11-8-2021 December 7, 2021 - Page 61 of 94 - 1 - 11/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0046\TC DOCS\ORDINANCE 25 (DRAFT 2) W MIRE EDITS.DOCX ORDINANCE NO. 25 SERIES OF 2021 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, VAIL TOWN CODE, TO ALL FOR UNDERGROUND CAR LIFTS TO BE ADDED AND EXEMPTED FROM GRFA CALCULATIONS WHEREAS, on September 10, 2021, the Applicant filed an application for a prescribed regulation amendment (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for a prescribed regulation amendment; WHEREAS, on November 8, 2021, the Planning and Environmental Commission (the “PEC”) held a properly-noticed public hearing on the Application, and recommended that the Town Council approve the Application; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 12-15-13(A)(1)(a), Vail Town Code, Definition, Calculation, and Exclusions, is hereby amended to read as follows: (9) Underground vaults with a mechanical lift system for the purpose of enclosed parking, if all the following criteria are met: A. The vault is only used for the storage of vehicles. B. The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16’) in height. C. The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. D. The vault is only accessible from within the garage. E. Any openings to the vault shall be no larger than the minimum required by Building Code. December 7, 2021 - Page 62 of 94 - 2 - 11/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0046\TC DOCS\ORDINANCE 25 (DRAFT 2) W MIRE EDITS.DOCX F. The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title. Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theret ofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public hearing for second reading of this Ordinance set for the 21st day of December, 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 December, 2021. _____________________________ Dave Chapin, Mayor ATTEST: December 7, 2021 - Page 63 of 94 - 3 - 11/30/2021 S:\COMMUNITY DEVELOPMENT\PLANNING\GREG\PEC CASES\PEC21-0046\TC DOCS\ORDINANCE 25 (DRAFT 2) W MIRE EDITS.DOCX ____________________________ Tammy Nagel, Town Clerk December 7, 2021 - Page 64 of 94   
 Zoning Code Text Amendment To Amend the Zoning Code to Address the Opportunity for Mechanical Lift Systems to Provide for Parking Submitted to the Town of Vail: September 13, 2021 Revised October 4, 2021 Revised October 27, 2021 Revised November 4, 2021 December 7, 2021 - Page 65 of 94 Introduction New technologies have allowed for innovative methods to provide enclosed parking which was not contemplated when the Zoning Code was drafted. While these technologies have been around for a few years for multi-family or commercial usage, these opportunities have actually become more affordable and available to apply to single-family or duplex units. In partnership with KH Webb Architects, Mauriello Planning Group is submitting this application to amend the Zoning Code, in accordance with Section 12-3-7 Amendment, to allow for the opportunity to provide for car lift systems in single-family and duplex residential development. While car lift systems are not prohibited by the Zoning Code, there are other limitations that make the use of them challenging in single-family and duplex zone districts. The amendment is proposed for Section 12-15-3: Definition, Calculation, and Exclusions. This section applies to the following zone districts: HR - Hillside Residential SFR - Single-Family Residential R - Two-Family Residential PS - Two-Family Primary/Secondary Residential This section provides for various exclusions from the GRFA limits. The proposed amendment would add a ninth exclusion, allowing vaults for car lift systems to be excluded from the calculation of GRFA. The applicant has worked with staff on the language and has proposed the following: Underground vaults with a mechanical lift system for the purpose of enclosed parking, if all the following criteria are met:
 a.The vault is only used for the storage of vehicles. b.The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16’) in height. c.The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. d.The vault is only accessible from within the garage. e.Any openings to the vault shall be no larger than the minimum required by Building Code. f.The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title.
 Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. Because a single garage space is allowed to be 300 sq. ft., allowing the vault space below to be equal in size is efficient for construction of the foundation of the garage. As the design of the lift system is a scissor lift, this also allows for adequate circulation around the lift for access and maintenance. With most parking spaces having a dimension of 10 ft. by 20 ft. or 200 sq. December 7, 2021 - Page 66 of 94 ft., ideally there would be an additional minimum of 2 ft. on all sides of the lift to allow for adequate access and maintenance area, which would equate to approximately 336 sq. ft. total. With a maximum of 300 sq. ft., access, maintenance, and circulation can be accommodated. There also needs to be space to accommodate an access hatch and latter to the space below outside to the lift platform itself. The 300 sq. ft. also accommodates this need. In 2004, when the GRFA limits were increased, there was also an increase in the number of parking spaces required for homes. Prior to 2004, the parking requirement was a maximum of 2.5 spaces for any home over 2,000 sq. ft. When GRFA was increased, the parking requirements were drastically increased. Current parking requirements for dwelling units is as follows: <2000 sq. ft. = 2 spaces
 2,000 sq. ft. - 3,999 sq. ft. = 3 spaces
 4,000 sq. ft. - 5,499 sq. ft. = 4 spaces >5,500 sq. ft. = 5 spaces 
 Homes now require significantly more parking than what was required previously. The increased parking requirements have caused projects to have significantly more pavement and more site disturbance to construct the additional parking spaces. At the same time, there was no increase in garage credit of 600 sq. ft. per dwelling unit, which equates to approximately 2 parking spaces. The construction of garage area in excess of 600 sq. ft. counts towards GRFA limitations. However, people are unlikely to build enclosed parking that counts towards GRFA as living area is more valuable than garage space. If a homeowner does choose to build a larger garage, it creates a larger footprint, impacting a greater area of the site. Stacking parking, rather than double loading spaces, is a smaller footprint, with less land dedicated to parking. Mechanical parking systems are therefore more efficient and have reduced impact on the environment.
 It is the intent of the text amendment that a car lift system will not impact the bulk and mass of residential structures because the vault is entirely underground. As a result, there is little impact to adjacent property owners. In fact, adjacent property owners will benefit from additional enclosed parking rather than having to view parked cars and excessive paved areas. A car lift system will likely be most beneficial for homeowners looking to do additions to existing homes. The current regulations often require the creation of additional parking to serve the new GRFA of an addition. Instead of providing additional pavement to address the parking requirement, a car lift system could allow a homeowner to provide additional enclosed parking within an existing garage footprint. December 7, 2021 - Page 67 of 94 Car Lift Systems Car lift systems have become more common in multi-family and commercial development. In communities with little available land, it is a more efficient use of land. Additionally, it can be much more cost-effective to “stack” vehicles rather than double-loading them. The technology is not new, but until recently, has been cost-prohibitive for many homeowners. However, the technology has become more affordable and applications in residential development are being explored by many homeowners. Generally, the biggest advantage is more parking in less space. For residential projects, the intent of the proposal is that the garage level will count towards the garage credit exclusion. The car drives in at that level, parks, and then is lowered into the vault which is a level completely below grade. Another car can then park on top of the car within the vault. For mechanical equipment, there may be an additional space within the vault but below the level that the car is parked. This area is referred to as the mechanical pit. It is the intention of the proposed amendment that neither the vault or the pit within the vault count towards either GRFA or the garage credit exclusion. Entry Level at Grade Parking Vault Below Grade Mechanical Pit December 7, 2021 - Page 68 of 94 Criteria for Review of Zoning Text Amendment Section 12-3-7: Amendment provides the criteria for review for a text amendment. This section states: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations Applicant Analysis: Section 12-1-2: Purpose provides the general and specific purposes of the Town’s Zoning Code. The purposes are: G.General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. The general purposes of the Town’s Zoning Regulations identify “conserving and enhancing the natural environment.” The overall goal of the proposed amendment to allow for car lift systems is to allow homeowners a creative method of providing required enclosed parking. This means that there will be less reliance on additional surface parking and the ability for homeowners to provide additional pervious landscape area, which is beneficial to the natural environment. H.Specific: These regulations are intended to achieve the following more specific purposes: 1.To provide for adequate light, air, sanitation, drainage, and public facilities. 2.To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3.To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4.To promote adequate and appropriately located off street parking and loading facilities. 5.To conserve and maintain established community qualities and economic values. 6.To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7.To prevent excessive population densities and overcrowding of the land with structures. 8.To safeguard and enhance the appearance of the town. 9.To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10.To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11.To otherwise provide for the growth of an orderly and viable community. December 7, 2021 - Page 69 of 94 Of the above-listed specific purposes, the applicant believes that the proposed amendment furthers two: 4.To promote adequate and appropriately located off street parking and loading facilities. 9.To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. The proposed amendment encourages the use of a mechanical lift system to allow for stacked enclosed parking, which helps to provide appropriately located off-street parking, with no impact on adjacent property owners and no impact on the bulk and mass of homes. Furthermore, by encouraging this option, there is less impervious area dedicated to surface parking. This is beneficial to the environment as impervious area contributes to stormwater run-off, impacting the local stream ecosystem. (2) The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town Applicant Analysis: One of the desirable outcomes of car lift systems is the minimization of surface parking. The impervious surface of parking areas increases storm-water runoff and less opportunity for landscape area. The following graphic is intended to outline the benefits of allowing for car lift systems. Example: Duplex Residence with 4,000 sq. ft. of GRFA in each unit Parking Requirement: 4 spaces per unit Garage “Credit” or Exclusion: 600 sq. ft. per unit / 2 enclosed spaces per unit Current Regulations: = 694 sq. ft. of impervious area to meet minimum parking requirements Proposed Amendment: enclosed enclosed surface 9x19 171 sq. ft. surface 9x19 171 sq. ft. enclosed enclosed surface 9x19 171 sq. ft. surface 9x19 171 sq. ft. enclosed enclosed enclosedenclosed enclosed enclosed enclosedenclosed December 7, 2021 - Page 70 of 94 = stacking the parking allows for 694 sq. ft. of additional landscape area as all parking is enclosed The Vail Land Use Plan provides the following Goals and Policies, which are furthered by this proposed amendment. (3) The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable Applicant Analysis: Innovation in parking technologies have created opportunities that the Town’s Zoning Code did not contemplate. The ability to stack parked cars in an enclosed environment is relatively new, but the application of within single-family or duplex residences remains cutting-edge. Providing stacked parking with no impact to a structure’s bulk and mass is beneficial. However, the Town’s GRFA limitations make it challenging. The proposed text amendment will allow the vault of the system to be excluded from the calculation of GRFA. This is appropriate as the space is unfinished, inaccessible except for maintenance uses, and cannot be used for livable area. (4) The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives Applicant Analysis: In consideration of the proposed amendment, one of the primary goals was to draft an amendment that would encourage the use of a lift system while not increasing the bulk and mass of a structure. The amendment is structured to allow the lift system that creates additional parking below-grade so as to remain consistent with the Town’s bulk and mass standards, along with the Design Guidelines. One of the hurdles of using a mechanical car lift system is the GRFA restrictions. The proposed amendment maintains the integrity of December 7, 2021 - Page 71 of 94 the GRFA requirements, but excludes the space required below-grade from the GRFA calculations. As a result, the the proposed text amendment is consistent with municipal development objectives and is harmonious with the existing land use regulations. (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment Applicant Analysis: The applicant can provide any additional information requested by the Planning and Environmental Commission or Town Council. December 7, 2021 - Page 72 of 94 TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 8, 2021 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations and setting forth details in regard thereto. (PEC21-0046) Applicant: Mauriello Planning Group and KH Webb Architects Planner: Greg Roy I. SUMMARY The applicants, Mauriello Planning Group and KH Webb Architects, are requesting a recommendation of approval to the Vail Town Council for a prescribed regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations . Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval of this application subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicants request a recommendation of approval to the Vail Town Council for a prescribed regulation amendment pursuant to Section 12 -3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations and setting forth details in regard thereto. (PEC21-0046) The purpose of Chapter 15, Gross Residential Floor Area (GRFA) of the Vail Town Code is noted below: December 7, 2021 - Page 73 of 94 Town of Vail Page 2 “This chapter is intended to control and limit the size, bulk, and mass of residential structures within the town. Gross residential floor area (GRFA) regulation is an effective tool for limiting the size of residential structures and ensuring that residential structures are developed in an environmentally sensitive manner by allowing adequate air and light in residential areas and districts.” In summary, GRFA is meant to control the bulk and mass of a building as viewed from the exterior of the property. The nature of underground car lifts means that they would not add to the bulk and mass of the building as viewed from the exterior and should be exempted from the GRFA calculations. As currently proposed, the entire vault would be required to be below the finished grade. It will also not count as a portion of the lowest level for the basement deduction. This prevents a vault from being used as additional wall area below grade to increase the basement deduction but also does not penalize applicants for adding a vault that may be below the basement level of the house. The benefit of allowing this additional exemption could lessen the visual impacts of exterior parking or additional garage bays on a home. It could also reduce the amount of lot area taken up by driveway space to accommodate the minimum parking requirement s. By increasing the amount of possible interior parking, those externalities are removed from the visual aspect of a residence. Please see the applicant’s narrative, dated October 27, 2021, and included as Attachment A for additional information. III. BACKGROUND The Community Development Department strives for rules and regulations that are consistent, enforceable, predictable, and easily understood. The current code language does not address underground car vaults which are growing in popularity and are being requested more frequently. The proposed amendment will clarify the rules around these new features to ensure they are applied consistently and predictably in the future. IV. PROPOSED TEXT AMENDMENT LANGUAGE The applicant proposes the following language to be added to Title 12: The proposed amendments are as follows (text to be deleted is in strikethrough, text that is to be added is in bold. Sections of text that are not amended have been omitted.): Proposed new code language 12-15-3 (A)(1)(a): (9) Underground vaults with a mechanical lift system for the purpose of enclosed December 7, 2021 - Page 74 of 94 Town of Vail Page 3 parking, if all the following criteria are met: A. The vault is only used for the storage of vehicles. B. The vault floor to the finished floor elevation of the garage does not exceed sixteen feet (16’) in height. C. The entire perimeter and volume of the vault shall be below finished grade and be within the footprint of the garage. D. The vault is only accessible from within the garage. E. Any openings to the vault shall be no larger than the minimum required by Building Code. F. The floor area of the vault shall not exceed three hundred (300) square feet per vehicle space and not exceeding a maximum of two (2) vehicle spaces for each allowable dwelling unit permitted by this title. Underground vaults with a mechanical lift system for the purpose of enclosed parking that meet the criteria above shall not be considered as part of the lowest level for the purpose of the deduction for basements in subsection (6) above. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; December 7, 2021 - Page 75 of 94 Town of Vail Page 4 an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Vail Comprehensive Plan Land Use and Development Goal #1 • 1.3: The quality of development should be maintained and upgraded whenever possible. Vail 2020 Strategic Plan • Goal #3: Ensure fairness and consistency in the development review process. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purpose of the zoning regulations is for “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality”. This text amendment is intended to allow for the addition of underground car vaults within a building. Doing so will enhance the character of the town as a resident ial community of the highest quality by reducing the visual impact of surface parking. It will also reduce the necessity of larger paved driveways to accommodate parking minimums. Staff finds that the proposed text amendment conforms to this criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will result in an improved level of development within the town. While lifts are not prohibited at this time, they may be underutilized due to the additional square footage of the GRFA requirement or conflicting with a basement level deduction. Adding this language will keep the Town Code up to date on modern trends December 7, 2021 - Page 76 of 94 Town of Vail Page 5 and allow car vaults to be regulated similarly as they become more popular. This will also have the desired outcome of allowing more parking inside of a structure with no visual addition to the structure. Staff finds that the proposed text amendment conforms to this criterion. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The current regulations were not set up with a consideration of car vaults. As time has progressed, these have become more affordable and accessible to the single-family or duplex residence in Vail. Trends predict that these will become more utilized in the future and it would benefit the Town to set explicit regulations around them. Staff finds that the proposed text amendment conforms to this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed language will provide a workable relationship that is consistent with development objectives. The proposed language fits easily into the GRFA exemptions and clarifies that it will not conflict with the basement deduction in subsection six. Staff did not find any conflicts or potential externalities that may arise from explicitly permitting these car vaults with the included criteria. Staff finds that the proposed text amendment conforms to this criterion. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendments. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section Vll of this memorandum and the evidence and testimony presented. December 7, 2021 - Page 77 of 94 Town of Vail Page 6 Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12 -3-7, Amendment, Vail Town Code, to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted from GRFA calculations and setting forth details in regard thereto. (PEC21-0046)” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section VII of the November 8, 2021 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX. ATT ACHMENTS A. Applicant Narrative, October 27, 2021 December 7, 2021 - Page 78 of 94 P L ANNI NG AND E NV I RO NM E NTAL C O M M IS S IO N November 8, 2021, 1:00 P M Town Council Chambers and Virtual on Zoom 75 S . Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_tX L0eRs9QKieoSkwg888J w 1.2.Attendance Present: Ludwig Kurz, Brian Gillette, Henry Pratt, Rollie Kjesbo, Karen Perez, Reid Phillips, Pete Seibert Absent: None 2.Main Agenda 2.1.A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to add an exemption to allow vaults for car lift systems to be excluded from the GRFA calculation and setting forth details in regard thereto. (P E C21-0046) 20 min. Applicant:K H W ebb Architects & Mauriello Planning Group Planner:Greg Roy Planner Roy introduces item and discussed the history of the application at the P E C. He talks about the concerns of the board at previous meetings. He says the applicants have proposed a couple of changes and talks about the proposed code language. Dominic Mauriello and Kyle W ebb are present for the applicants. Mauriello introduces the 300 square foot limitation and the calculations which factored into this figure. Webb says it’s a scissor lift, OS HA requires an access panel outside the footprint of the lift as well as hoses and pumps outside the footprint. He says this factored into the calculations previously mentioned. Kurz asks for questions from the board. Phillips asks if they can be serviced from above with the only access being within the garage as the language proposes? Webb says that is true in conversations with four manufacturers. Kurz says the square footage language and two vehicles per dwelling unit seems like a reasonable solution. I t will get cars off driveways or parking areas which is a community benefit. He is in favor. He asks if there is December 7, 2021 - Page 79 of 94 additional comment? Perez is pleased to see the changes addressed previous comments from the board. There is no public input. Gillette joins (virtually). Rollie Kjesbo moved to recommend approval to Town Council. Henry Pratt seconded the motion and it passed (6-0). Abstain:(1)Gillette 2.2.A request for review of a Conditional Use Permit, pursuant to Section 12- 16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 168 Gore Creek Drive Unit 142/Lot 1, Lodge Subdivision, and setting forth details in regard thereto. (P E C21- 0027) 10 min. Applicant:Charley Viola (Yama Sushi) Planner:J onathan Spence 1. This Conditional Use Permit approval is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. 2. The applicant shall operate the outdoor patio in a manner generally consistent with the approved site plan included as an attachment to this November 8, 2021 memorandum. Planning Manager J onathan Spence introduces the history of the application, and the ongoing formalization of outdoor dining footprints. He talks about the town’s task force which reviewed the applications. Spence talks about the details of the Yama application, and asks if there are questions. Pratt asks about the plan in the materials. He noticed the barrier goes into the ground in sleeves and asks why that is. Spence says that was in response to a previous town policy and will be subject to a future Design Review Board process without the sleeves. There is no public input. Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the motion and it passed (7-0). 2.3.A request for review of a Conditional Use Permit, pursuant to Section 12- 16, Conditional Use Permits, Vail Town Code, to allow for the installation of an outdoor dining patio, located at 228 Bridge Street Unit B/Lot A Block 5, Vail Village Filing 1, and setting forth details in regard thereto. (P E C21- 0037) 10 min. Applicant:Drew Riley (Russell's) Planner:J onathan Spence 1. Prior to submitting for the required D RB, the plan will be modified to have the outdoor seating limited to two tables replacing the existing bench and one table in front of the garden. (Total of 3 tables) December 7, 2021 - Page 80 of 94 2. The outdoor seating barricade, to be reviewed by the D RB, shall not be placed more than two feet from the face of the wall (not the recess where the bench is). 3. All tables, chairs and barriers shall be completely removed every evening and not stored against the wall. Spence references the previous application before the P E C on Oct. 22nd. He references a photo with the proposed location for a barrier. Staff and task force are recommending approval with attached conditions. Pratt says the site plans proposes to store barriers outside at night. Spence says the conditions address this; the tables will be stored indoors. Phillips asks if this is only for the summer. Spence confirms. There is no public input. Perez says it is better than what was previously proposed but has a problem with it near the covered bridge location. Pratt concurs. Rollie Kjesbo moved to approve with conditions. Reid Phillips seconded the motion and it passed (5-2). Ayes:(5)Gillette, Kjesbo, Kurz, Phillips, Seibert Nays:(2)Perez, Pratt 2.4.A request for review of a Conditional Use Permit, pursuant to Section 12- 16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 223 Gore Creek Drive Unit E/Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (P E C21-0052) The applicant has requested this item be tabled. 2 min. Applicant:Michael Stadler (Up the Creek Bar & Grill) Planner:J onathan Spence Brian Gillette moved to table. Karen Perez seconded the motion and it passed (7-0). 2.5.A request for review of a Conditional Use Permit, pursuant to Section 12- 16, Conditional Use Permits, Vail Town Code, to allow for the expansion of an outdoor dining patio, located at 193 Gore Creek Drive Unit B/Tract A, Block 5B, Vail Village Filing 1, and setting forth details in regard thereto. (P E C21-0034) This application has been withdrawn. No action necessary. Applicant:Matt Morgan (Sweet Basil & Mountain Standard) Planner:J onathan Spence 3.Approval of Minutes 3.1.October 25, 2021 P E C Results December 7, 2021 - Page 81 of 94 Kurz clarifies the spelling of Seibert for the minutes. Karen Perez moved to approve. Rollie Kjesbo seconded the motion and it passed (7-0). 4.I nformational Update 4.1.Update to the Planning and Environmental Commission on the status of the Gore Creek Spill report. Applicant: Planner: Watershed Education Coordinator Wadden says he doesn’t have a lot of new information. Three state agencies are investigating: Colorado Parks and W ildlife (C P W ), the Colorado Department of Agriculture, and the Colorado Department of Public Health and the Environment (C D P HE). We should have something from C P W by the end of the year and C D P HE has undertaken statewide investigation of Vail Resorts’ snowmaking operations. Phillips asks what authority the P E C has with this incident. He says he understands that there is a report that was authored by Vail Resorts, he wants to see if the P E C can get a copy of the report sent to Eagle River Water and Sanitation District and C D P HE. Wadden says the report is publicly available. Phillips says there were protocol and operational problems. He would like the board to view the report before the next meeting. He asks what the P E C’s authority is to ask for representation to this committee to address questions. Can we ask for that? Spence says you could certainly request that. I f there was a conditional use permit attached to it in town, that would be the framework for discussion, but this occurred outside of the town. He will consult with town staff on this issue. Perez asks if the issue will go to the joint-environmental council. Spence asks for clarification. Kurz clarifies the Open Space Committee. Spence says they’re not tasked with this. Wadden says Town Council will be briefed. Perez asks for a summary of the Vail Resorts report. Wadden says he is not comfortable sharing from memory but happy to share the document. His department is waiting for state agencies to make their final reports. Pratt asks about another incident involving yellow paint. Wadden says the hospital parking lot was being re-striped during Halloween weekend. The contractor hired by the hospital spilled or dumped a half gallon of paint into the storm drain. Thanks to observations by a Vail December 7, 2021 - Page 82 of 94 Town Council member, they got out there with a vacuum truck before too much was discharged to the creek. Pratt asks about the citation and what it meant. Wadden says the Police and Fire Department were present. The police took statements and Environmental Sustainability submitted spill reports to C D P HE. The hospital will be billed for the vacuum truck operations, staff time, and equipment. Kurz thanks Seibert for his service on the P E C and wishes him luck moving forward. Spence says there will be one more P E C meeting with Seibert present. 5.Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspec tion during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department December 7, 2021 - Page 83 of 94 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. 26, Series 2021, an Ordinance Amending Title 4, Chapter 3 of the Vail Town Code to Codify the I mposition of a Voter-A pproved I ncrease in the Town's Existing S ales Tax, E ffective J anuary 1, 2022 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, or approve with amendments the first reading of Ordinance 26, Series 2021. B AC K G RO UND: Town of Vail voters approved a 0.5% increase in sales tax on all items, excluding food for home consumption, effective J an 1, 2022, and sunsetting on December 31, 2052. The increase in sales tax is dedicated to funding housing initiatives, housing developments, and housing programs. The purpose of Ordinance No. 26, S eries 2021 is to amend Title 4, Chapter 3 to codify the new tax rate and exemption. S TAF F RE C O M M E ND AT IO N: A pprove, or approve with amendments the first reading of Ordinance 26, Series 2021. AT TAC H ME N TS: Description 211207 Ballot Issue 2A Sales Tax Increase December 7, 2021 - Page 84 of 94 __________________________________________________________________________ Memorandum TO: Town Council FROM: Finance Department DATE: December 7, 2021 SUBJECT: Voter-Approved Sales Tax Increase, Ordinance No. 26, Series 2021 I. SUMMARY Town of Vail voters approved a 0.5% increase in sales tax on all items, excluding food for home consumption, effective Jan 1, 2022, and sunsetting on December 31, 2052. The increase in sales tax is dedicated to funding housing initiatives, housing developments, and housing programs. The purpose of Ordinance No. 26, Series 2021 is to amend Title 4, Chapter 3 to codify the new tax rate and exemption. II. BACKGROUND During the November 2021 election, voters approved ballot initiative 2A for a 0.5% increase to sales tax increasing the existing local tax rate from 4.0% to 4.5% on all items with the exception of food for home consumption, which will remain taxed at 4.0%. The revenues from the tax increase will be used to fund housing initiatives, housing developments, housing programs and related activities. The tax will be collected and remitted by all retailers engaged in business in the Town. Prior to the ballot initiative, a survey of likely voters was conducted in July of 2021. The survey results indicated 57% of respondents supported a sales tax increase to fund housing initiatives. Ballot initiative 2A was passed with 53.54% voter approval. The additional tax rate is estimated to generate $4.3 million for the town’s Housing Fund in the first year. In March of 2019, the Town of Vail adopted Colorado Municipal League (CML) standard tax definitions to simplify the sales tax code. This effort was done in coordination with other jurisdictions across the state to unify tax definitions, thereby reducing the burden of collections on retailers. Ordinance 26, Series of 2021 utilizes the standard definition of Food for Home Consumption in codifying the new tax rate and exemption. III. ACTION REQUESTED FROM COUNCIL Approve, or approve with amendments the first reading of Ordinance 26, Series 2021. 1 December 7, 2021 - Page 85 of 94 ORDINANCE NO. 26 SERIES 2021 AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN CODE TO CODIFY THE IMPOSITION OF A VOTER-APPROVED INCREASE IN THE TOWN’S EXISTING SALES TAX, EFFECTIVE JANUARY 1, 2022 WHEREAS, at the November 2021 regular Town election, a majority of the registered electors of the Town voted in favor of Ballot Issue No. 2A, a ballot issue to raise the Town’s existing sales tax from 4.0% to 4.5% starting on January 1, 2022, and remaining in effect until December 31, 2052, to fund housing initiatives, housing developments, and housing programs; and WHEREAS, the Town Council desires to update the Vail Town Code to reflect the imposition of the additional 0.5% sales tax that was approved at the November 2, 2021 election. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-3-1-2 of the Vail Town Code is hereby amended by the insertion of the following definition: 4-3-1-2: DEFINITIONS: FOOD FOR HOME CONSUMPTION: means food for domestic home consumption as defined in 7 U.S.C. § 2012(k), except that “food” does not include carbonated water marketed in containers; chewing gum; seeds and plants to grow foods; prepared salads and salad bars; packaged and unpackaged cold sandwiches; deli trays; and hot or cold beverages served in unsealed containers or cups that are vended by or through machines or non-coin-operated coin-collecting food and snack devices on behalf of a vendor. Section 2. Section 4-3-1-5 of the Vail Town Code is hereby amended as follows: 4-3-1-5: EXCESS TAX; REMITTANCE: If any vendor, during any reporting period, collects as a tax an amount in excess of four percent (4%) four and one half percent (4.5%) of such vendor's total taxable sales, then such vendor shall remit to the Finance Director the full net amount of the tax imposed in this chapter and also such excess amount. The retention by the retailer or vendor of any excess amount of tax collections over the four percent (4%) four and one half percent (4.5%) of the total taxable sales of such retailer or vendor or the intentional failure to remit punctually to the Finance Director the full amount required to be remitted by the provisions of this Chapter is declared to be a Ordinance No. 26, Series 2021 December 7, 2021 - Page 86 of 94 2 violation of this Chapter and shall be recovered, together with interest, penalties and costs as provided in this Chapter. Section 3. Section 4-3-3-1(e) of the Vail Town Code is hereby amended as follows: 4-3-3-1: PROPERTY AND SERVICES TAXED: * * * E. Food and Drink: 1. Upon all sales of food.; except that the sale of food for home consumption as defined herein shall be taxed at the rate of four percent (4%) of the amount of the sale. * * * Section 4. Section 4-3-3-2(a) of the Vail Town Code is hereby amended as follows: 4-3-3-2: COLLECTION OF SALES TAX: A. When Due and Payable: Every retailer, also in this Chapter called "vendor", engaged in business in the Town shall, irrespective of the provisions of Section 4-3-3-3 of this Section 4-3-3, be liable and responsible for the payment of an amount equal to four percent (4%) four and one half percent (4.5%) of all sales made by such retailer of commodities or services as specified in Section 4-3-3-1 of this Section 4-3-3 and shall before the twentieth (20th) day of each month make a return to the Finance Director for the preceding calendar month and remit an amount equal to said four percent (4%) four and one half percent (4.5%) on such sales to said Finance Director. For the purposes of this subsection, all such returns and remittance shall be considered made to the Finance Director on or before the twentieth day of each month if they are sent via the United States mail and are postmarked on or before the twentieth day of each month. If the twentieth day of any month falls on a weekend or holiday, said return and remittance may be postmarked the following business day. Such returns of the taxpayer or duly authorized agent shall be furnished by the Finance Department. The Town shall use the standard Municipal Sales Tax reporting form and any subsequent revisions thereto adopted by the Executive Director of the Department of Revenue by the first month commencing one hundred twenty (120) days after the effective date of the regulation adopting or revising such standard form. * * * Ordinance No. 26, Series 2021 December 7, 2021 - Page 87 of 94 3 Section 5. Section 4-3-3-3(b) of the Vail Town Code is hereby amended as follows: 4-3-3-3: SALES TAX BASE; SCHEDULE OF SALES TAX: * * * B. Percentage of Tax: There is imposed upon all sales of commodities and services specified in Section 4-3-3-1 of this Section 4-3-3, a tax at the rate of four percent (4%) four and one half percent (4.5%) of the amount of the sale, to be computed in accordance with the schedules or system set forth in the rules and regulations prescribed therefor. Said schedules or systems shall be designed so that no such tax is charged on any sale of twenty four cents ($0.24) or less. * * * Section 6. 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 phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public hearing for second reading of this Ordinance is set for the 21st day of December, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ __________, Mayor ATTEST: ____________________________ Ordinance No. 26, Series 2021 December 7, 2021 - Page 88 of 94 4 Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of December, 2021. _____________________________ ___________, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk Ordinance No. 26, Series 2021 December 7, 2021 - Page 89 of 94 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. 23, Series 2021, S econd reading, an Ordinance Providing for the L evy Assessment and Collection of the Town P roperty Taxes Due for the 2021 Year and P ayable in the 2022 F iscal Year P RE S E NT E R(S ): Carlie Smith, Financial S ervice Manager AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with amendments Ordinance No. 23, S eries 2021. B AC K G RO UND: The town is required by Colorado state law to certify the mill levy by December 15th of each year. S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 23, S eries 2021. AT TAC H ME N TS: Description 120721 Mill Levy 2nd December 7, 2021 - Page 90 of 94 TO: Vail Town Council FROM: Finance Department DATE: December 7, 2021 SUBJECT: Mill Levy Ordinance I.SUMMARY Authorization for the collection of property taxes in 2022. II.DISCUSSION At the last Council meeting on November 16th, you were asked to approve the first reading of this ordinance. Since then we have now received the updated valuations from Eagle County and the second reading of this mill levy ordinance has been revised accordingly. Staff requests that Council approve this ordinance upon second reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2022 based upon 2021 assessed valuations of property within the town’s boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mill levy by December 15 of each year. The certification has been submitted to the County. The attached ordinance has been updated to reflect revised assessed valuations from the county. The valuations increased by 0.28% from earlier estimates, or approximately $16,025 impact to the previous valuation. The property tax authorized by the attached ordinance will generate $5,742,132 in revenue in 2022, representing approximately 7.6% of the town’s total revenue. December 7, 2021 - Page 91 of 94 Ordinance 23, Series of 2021 ORDINANCE NO. 23 SERIES OF 2021 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2021 TAX YEAR AND PAYABLE IN THE 2022 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2021 year and payable in the 2022 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1.For the purpose of defraying part of the operating and capital expenses of the Town of Vail, Colorado, during its 2022 fiscal year, the Town Council hereby levies a property tax of 4.736 mills upon each dollar of the total assessed valuation of $1,212,443,460 for the 2021 tax year of all taxable property within the Town, which will result in a gross tax levy of $5,742,132 calculated as follows: Base mill levy 4.690 $5,686,360 Abatement levy .046 _ 55,772 Total mill levy 4.736 $5,742,132 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3.The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4.The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, December 7, 2021 - Page 92 of 94 Ordinance 23, Series of 2021 any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5.All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 16th day of November, 2021. A public hearing shall be held hereon at 6 P.M. on the 7th day of December, 2021, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ______________________________ Dave Chapin, Mayor ATTEST: ________________________________ Scott Robson, Town Manager READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of December 2021. _____________________________ Dave Chapin, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk December 7, 2021 - Page 93 of 94 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 7:50 pm (estimate) December 7, 2021 - Page 94 of 94