Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2023-01-17 Agenda and Supporting Documentation Town Council Evening Meeting
1.Citizen Participation (10 min.) 1.1 Citizen Participation 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1 December 6, 2022 TC Meeting Minutes 3.2 December 20, 2022 TC Meeting Minutes 3.3 Resolution No. 2, Series of 2023, A Resolution of the Vail Town Council Approving an Intergovernmental Agreement between the Town of Vail and the State of Colorado Department of Transportation ("CDOT") regarding a Multimodel Transportation and Mitigation Options Fund Grant Approve, approve with amendments or deny Resolution No. 2, Series of 2023. Background: The Town wishes to enter into an agreement with CDOT to receive grant funds in the amount or $250,000 for the necessary capital improvements to expand the Vail E-Courier Loading and Delivery program. 3.4 Resolution No. 3, Series of 2023, A Resolution of the Vail Town Council Extending the Approvals of the Approved Development Plan, Conditional Use Permit and Final VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and Virtually via Zoom Zoom Meeting Link: https://us02web.zoom.us/webinar/register/WN_GJjBo0A8QnqJ4-Q0ho64iA 6:00 PM, January 17, 2023 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council 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 concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. Citizen Participation.pdf 120622 TC minutes.pdf 122022 TC minutes.pdf Resolution No.2 Series of 2023.pdf Public Input Resolution No. 3.pdf 1 Design for the Booth Heights Project Approve, approve with amendments or deny Resolution No. 3, Series of 2023 Background: To allow the Town and The Vail Corporation sufficient time to participate in court-ordered mediation in the Condemnation Action, the Town Council finds and determines that it is the best interest of the public health, safety and welfare to further extend the term of the approvals of the development plan, conditional use permit and final design for the Booth Heights Project. 3.5 Contract Award with Pro Force Law Enforcement Supply to Purchase Weapons and Accessories for all Sworn Officers Approve the purchase for sidearms, holsters, sighting system and weapon mounted lights for all sworn officers not to exceed $60,000. Background: The Police Department is requesting permission to purchase firearms, holsters, sighting system and weapon mounted lights for all sworn personnel. 4.Town Manager Report (10 min.) 4.1 Council Matters and Status Report 4.2 Community Meeting, March 28, 2023 4.3 Skiing with Elected Officials on Vail Mountain, March 31, 2023 5.Action Items 5.1 Contract Award to Predator Mountainwear for the 2023 Town of Vail Outerwear Uniform 5 min. Authorize the Town Manager to enter into a purchase with Predator Mountainwear in a not-to-exceed amount of $185,000 and approve an increase of $35,000 to the Town’s outerwear uniform budget to be included in the first budget supplemental of 2023. Presenter(s): Susie Hervert, General Services Admin Background: The Town of Vail historically purchases outerwear uniforms for employees every four years. The replacement schedule was for the 22-23 ski season, but the Town had to defer for one year due to supply chain issues and difficulties in finding an outerwear supplier that offered products that could meet the needs of our varied employee groups – particularly in our Resolution No. 3 Series of 2023.pdf towncouncilpistols.pdf 230117 Matters.pdf 2 maintenance divisions. 5.2 Permission to Proceed Utility and Drainage Easement in the Vicinity of 483 Gore Creek Drive 15 min. Approve, approve with amendments or deny Easement of Town of Vail Property at 483 Gore Creek Drive. Presenter(s): Greg Roy, Senior Planner Background: The HOA of the Texas Townhomes, located at 483 Gore Creek Drive, represented by Pierce Austin Architects and High Summit Planning, Sean Hannigan, requests permission to proceed for a utility easement on Tract A, Vail Village Filing 5 on Town of Vail Stream Tract. The applicant requests permission to proceed to enter into a utility and drainage easement with the Town of Vail 5.3 Ordinance No. 1, Series of 2023, First Reading, an Ordinance Amending Chapter 14 of Title 4 of the Vail Town Code to Expand Acceptable Insurance Types for the Licensing of Short-Term Rental Properties. 10 min. Approve, deny, or approve with amendments, the first reading of Ordinance No. 1, series of 2023. Presenter(s): Alex Jakubiec, Budget Analyst/STR Manager Background: Since the approval of the most recent short-term rental ordinance, significant increases in coverage have been made to insurance policies offered by online marketplaces such as Aribnb and VRBO. Ordinance No. 1, Series 2023 expands the acceptable types of required short-term rental insurance to include these polices when they meet the other minimum standards. 6.Adjournment (6:55pm estimate) Council Memo Uniform Purchase 2023.pdf Staff Memorandum.pdf Attachment A. Applicant Narrative 12-27-2022.pdf Attachment B. Proposed Plans.pdf Public Input Easement.pdf Ordinance No. 1, Series 2023 Memo Ordinance No. 1, Series 2023 Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 3 AGENDA ITEM NO. 1.1 Item Cover Page DATE:January 17, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Citizen Participation AGENDA SECTION:Citizen Participation (10 min.) SUBJECT:Citizen Participation SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Citizen Participation.pdf 4 From:Andreas Harl To:Council Dist List Subject:Thoughts Date:Wednesday, January 11, 2023 11:00:07 PM I understand this is another 2 pages of thoughts, and I hope they’re read. These aren’t just my thoughts but also those of many others that agree with me, that I’ve talked to over the past months. I cant say that I believe that my last letters were actually all read, but I sure hope this one will be, and it’d be nice to hear back from somebody else than the same 2 people that always respond. Housing as we know is at the forefront of all our minds. Back 15 years ago, although somewhat difficult, one was able to find housing, maybe we even had choices back then. This year, during a newspaper check in May where I found 1x 2 bedroom place for $5000 and nothing else available in Vail, it appears to be impossible. The fall off season didn’t yield results that were much better. The Town isn’t necessarily to blame for this, as Covid brought an unexpected result upon us, air bnb happened, but the town currently seems to do everything in their power to make working in Vail to be incredibly unattractive to workers and small businesses alike. 1. HOUSING - The east Vail housing matter has had the publics attention for years. Once approved, this currently town council jumped on the opportunity to ‘government overreach’ and condemn this property in record time…( I know 5 of you want to stop reading right now, but please keep going) Most of us care for the environment, sheep, wildlife all of the above.. this is why we live here. But the question I have is, how does it take minutes to condemn a property which is something almost unheard of in 2022, and why is it taking over 9 months to make Vail Resorts an offer they cant refuse to donate the property, rezone and do the right thing and build somewhere else instead of wasting 20 millions worth of tax payers money. 2. PARKING - What is the real reason we’re making parking more complicated and expensive for locals, when we all know, that the reason why we have Frontage Road parking is the inexpensive price of the Epic Pass and a large amount of our workers having to move down valley and commuting to work daily. Nothing is going to change besides that you just angered most locals who are struggling to make Vail home. You’ve just hurt local businesses, local sales reps and locals advocates of a mountain they so much enjoy. Is freeing up 25 parking spots a day going to make a difference on the frontage road and is going to free up 25 parking spots a day worth alienating a local base that makes this Vail thing ‘go round’. Government overreach.. maybe not, but an unnecessary step to solving a problem that cant be solved without getting on the same page with Vail Resorts, and this may not be possible, but then at least don’t take it out on the locals. 3. THE DELIVERY FIASCO. Many that I’ve talked to agree with getting these trucks out of the village. A noble, ‘disney’ like thing to do, and Disney we are, and that’s ok. But how about we don’t charge our trusted distributors and partners a fee so they’re allowed to deliver in Vail. If you haven’t noticed, this cost is 100% passed on to us in forms of price hikes and most businesses pass it on to the guests. If you don’t think that’s true, talk to the right people within those distributors and you’ll quickly find out that your local businesses are indeed paying for it. Congratulations, you’ve just contributed to more inflation, since we all love it so much, hurt small businesses and raised the price to stay and eat in Vail even more. Government overreach, yet again 5 4. A YEAR ROUND RESORT - 7-10 years ago, Vail was crying to be a year round resort. If you haven’t noticed. We have arrived. We ARE a year round resort. Our workers aren’t leaving anymore to work in Marthas Vineyard for the summer. They’re here. All year long. We’ve achieved our goal! Is this not what we want anymore? 5. A SOLUTION IDEA - Rezone West Middle Creek. – I wrote this in December and never sent it and I'm delighted this was finally done! Thank you - Publicly offer/pressure Vail Resorts into a land swap and incentivize them by offering them… maybe $5million in addition to the land if they agree to donate East Vail to protect the sheep and follow their environmental promises. Make them an offer they cant refuse - Use the rest of the funds you’d otherwise waste on East Vail and put it towards a new parking garage at Ford Park that is free and only available to the workers and citizens that live in Eagle County. The Vail garage is now available for day time parking, creates more revenue than before and we’ve forced everybody off the Frontage Road. Hurray, we’re not worried about Frontage Road parking anymore In closing I have to say that many of you rather seem to listen to the ones who want the Vail of the 80s and 90s, who’ve lived their dream, bought property and cant accept the changing demographic than the ones who are still working and grinding to live out their Vail Dream. Vail Resorts is here. They have arrived. Living in a community where the two entities wearing the same name, are seemingly at war with each other, does not feel good. Its never going to be a perfect marriage but in 20 years of living here, I’ve never seen it that bad. Please be there for your workers, the ones that make this thing go round and look past your own opinions at times and think of how it must be for somebody moving to town making $20/hour and paying $1500 for a bedroom. -- Andreas Harl Owner, Advanced Sommelier Vail Beverage Consulting 970-688-0515 www.vailbeverage.com 6 AGENDA ITEM NO. 3.1 Item Cover Page DATE:January 17, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:December 6, 2022 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 120622 TC minutes.pdf 7 Town Council Meeting Minutes of December 6, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, December 6, 2022 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 Pro Tem Coggin. Members present: Travis Coggin, Mayor Pro Tem Kevin Foley Jen Mason Pete Seibert Barry Davis Jonathan Staufer Members absent: Kim Langmaid, Mayor Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1. Citizen Participation Rick Sackbauer, a Vail resident, complimented the holiday lights throughout the town and expressed his gratitude to the Public Works Department for their snow removal efforts. Jason Peters, a Vail resident, stated his concern regarding the speed limit on Main Gore, explaining cars would slide into property during bad weather because they were going too fast. 2. Any action as a result of executive session 3. Proclamation 3.1 Proclamation No. 10, Series of 2022 "WhoVail Day" Approve Proclamation No. 10, Series of 2022. Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail; Jonathan Reap, Director of Sales and Marketing Four Seasons Resort and Residences Vail; and the Grinch Background: This holiday season will celebrate the 8th anniversary of the tradition to the twist of the story, “How the Grinch Stole Christmas". Each council member took a turn reading Proclamation No. 10, Series of 2022 into the record. Town Council Meeting Minutes of December 6, 2022 Page 2 4. Consent Agenda 4.1 Resolution No. 55, Series of 2022, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2023 through December 31, 2023 Approve, approve with amendments or deny Resolution No. 55, Series of 2022 Background: Please see attached memo. Foley made a motion to approve, Staufer seconded motion passed (6-0). 4.2 Resolution No. 56, Series of 2022, IGA with Avon and Eagle Sheriff's Department for SWAT Bot Approve, approve with amendments, or deny Resolution No. 52, Series of 2022. Background: The Town wishes to enter into an agreement with Avon and the Eagle County Sheriff's Office regarding the purchase and shared use of a robot with critical public safety- related capabilities. Staufer made a motion to approve, Mason seconded motion passed (6-0). 4.3 Resolution No. 58, Series of 2022, A Resolution Approving the Purchase of the Residential Property Known as Vail East Lodging Condominium, Unit 22, 4073 Spruce Way, Vail, CO 81657 Approve Resolution No. 58, Series of 2022 authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Vail East Lodging Condominium, Unit 22, 4073 Spruce Way, Vail, CO 81657 in the amount of, and not to exceed, $480,000, plus closing costs. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Availability of adequate housing remains a primary barrier to acceptance of employment offers for the Town of Vail. Foley made a motion to approve; Mason seconded motion passed (6-0). 4.4 Resolution No. 59, Series of 2022, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and State of Colorado Department of Public Health and Environment ("CDPHE") Regarding Grant Funds for Stormwater Improvements Approve, approve with amendments or deny Resolution No. 59, Series of 2022. Town Council Meeting Minutes of December 6, 2022 Page 3 Background: The Town wishes to enter into an agreement with the CDPHE to receive grant funds in the amount or $272,109 for certain stormwater improvements including the installation of inlet filtration devices in stormwater inlets to capture sediment and trash in areas of Vail Village and Lionshead Village. Seibert made a motion to approve, Foley seconded motion passed (6-0). 4.5 Contract Award to Frog Creek Partners for the Purchase and Installation of Stormwater Treatment Devices in Vail and Lionshead Villages Approve, approve with changes, or deny request to enter into contract. Background: Colorado Department of Health and Environment (CDPHE) has awarded Town of Vail $272,109 in grant funds for the installation of between 270 and 280 Frog Creek Gutter Bin stormwater treatment devices in Vail Village and Lionshead Village. Town of Vail plans to roll $220,000 in Water Quality Infrastructure funds from the 2022 budget in March of 2023 to meet the match for the grant award. Staff Recommendation: Direct the Town Manager to enter into the Professional Services Agreement with Frog Creek Partners for the purchase and installation of stormwater treatment devices. Foley made a motion to approve, Mason seconded motion passed (6-0). 4.6 Contract award to the Vail Valley Foundation for the production of the April Concert Background: Please see attached memo. Staff Recommendation: Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney, with the Vail Valley Foundation to produce the April Concert Series, in an amount not to exceed $250,000. Vail Resorts would reimburse the Town of Vail $125,000. Mason made a motion to approve, Foley seconded motion passed (6-0). 4.7 Contract award to Golden Peak Productions for the Vail Après Monthly Concert Series Background: Please see attached memo. Staff Recommendation: Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney, with Golden Peak Productions to produce the Vail Après Monthly Concert Series, in an amount not to exceed $150,000. Davis made a motion to approve, Mason seconded motion passed (6-0). 4.8 Contract Award to Gillig for Replacement Transit Buses Town Council Meeting Minutes of December 6, 2022 Page 4 Background: The Town of Vail owns and operates 33 transit buses. The buses are on a 12-year replacement plan, which is consistent with FTA requirements that a transit bus be designed and operate for a minimum of 12 years. The manufacturer is stating that current order build dates are out to 2024 due to supply chain issues that are affecting everyone. The bus replacement plan has two buses to be replaced in 2024 that will be battery electric. Staff Recommendation: Authorize the Town Manager to enter into an agreement, on a form approved by the town attorney to purchase two Gillig Lowfloor 42’ battery electric buses this year to take delivery in an amount not to exceed $2,020,762.00. Mason made a motion to approve, Staufer seconded motion passed (6-0). 5. Town Manager Report 5.1 Council Matters and Status Report There wasn’t one. 6. Presentations/Discussions 6.1 Vail Mountain Update Presenter: Beth Howard, Chief Operating Officer, Vail Mountain Howard gave an early season update regarding the open terrain on the mountain and explained the openings were well above what was opened last year at the same time. 6.2 Timber Ridge Update Presenters: George Ruther, Housing Director Background: This work session is intended to be one of many meetings with the Vail Town Council, the Vail Local Housing Authority, and the Vail community as the Housing Department and Triumph Development West begin breaking down what will be a long list of topics for discussion and decision-making with regard to the redevelopment of Timber Ridge. Staff Recommendation: Listen to presentation and provide feedback. Ruther explained the presentation would focus on revised programming and uses, displacement and relocation of the current residents, and would ask for direction on next steps for the redevelopment of Timber Ridge. Ruther reviewed the programming and uses for the redevelopment. The project would consist of 1-, 2-, 3-, and 4-bedroom units and would also be a combination of surface and structured parking. The revised plan would increase the density to 244 homes and maximum capacity could house up to 546 residents. Town Council Meeting Minutes of December 6, 2022 Page 5 Ruther suggested after the programming and uses were outlined; a subcommittee be formatted to help provide efficiency in the development structure, explaining the subcommittee would help continue the trajectory of the project. Ruther explained staff was directed at a previous meeting to minimize the negative impact with the redevelopment of Timber Ridge project for the 250 residents that would need to be relocated during the redevelopment. Ruther stated the new Residents at Main Vail would be able to accommodate approximately 155 of the residents at Timber Ridge and staff was continuing to work on finding alternative housing for the remainder of the residents, siting potential rezoning and development of West Middle Creek as an option. Ruther outlined a draft strategic replacement and displacement plan that included the following: • All new leases at Timber Ridge shall include a provision for termination with a minimum 30-day written notice of the Town’s intent to redevelop the property. • Effective immediately, no new leases or renewals at Timber Ridge will be executed extending the lease term beyond August 1, 2023. • Any new leases executed after August 1, 2023 shall expire and terminate on or before April 15, 2024. (Seasonal/month to month leases only) • Current residents in good standing with leases extending to August 1, 2023 shall receive a leasing preference at the Residences at Main Vail. • Current households with children below the age of 18 shall receive the highest leasing preference. • The Residences at Main Vail are subject to a prohibition against master leases and only allow for leases with individual tenants. Mike Foster from Triumph Development reviewed revisions made to the site redevelopment plan that was discussed at the November 12, 2022 Town Council meeting. Foster explained after taking feedback from the November 12 meeting, there was a potential to expand the density for more units and a possibility to phase the project and presented different avenues to achieve those goals. Ruther asked for direction on density, desired home type and mix, relocation, and displacement of current lease holders at Timber Ridge, and the negotiation of a development deal. Density Council members agreed to maximize density. Town Council Meeting Minutes of December 6, 2022 Page 6 Seibert expressed concerns with the impact on transportation and mobility with an increase in density on the site. Ruther stated staff would continue to explore alternative solutions for transportation and mobility, but also explained with the higher density of people, alternative mobility options that are already in place would work better. Housing Type and Mix Council members agreed the unit mix at the property should be varied to allow for flexibility. Displacement and Relocation Council discussed the appropriate approach for minimizing the negative impacts of the short- term loss of homes at Timber Ridge and agreed leasing preferences at the Residences at Main Vail were an option. Ruther stated Residences at Main Vail would not accommodate everybody, and staff would have a lot of work to do to find alternative housing for the remainder of the residents at Timber Ridge. Negotiations of a Development Deal Council was supportive of the formation of a Timber Ridge Redevelopment Committee and voted for Coggin and Seibert sit on the committee. Council also acknowledged that all final decision-making was the responsibility of the entire Vail Town Council, not the subcommittee. 7. Action Items 7.1 Resolution No. 57, Series of 2022, A Resolution Concerning Appointments to the Eagle Valley Transportation Authority Board Presenter(s): Greg Hall, Director of Public Works and Transportation Background: Pursuant to Title 43, Article 4, Part 6, Colorado Revised Statutes, as amended, the Eagle Valley Transportation Authority was formed on November 9, 2022 by an Intergovernmental Agreement including the Town of Vail and pursuant to Article 3 of the Intergovernmental Agreement, each Member of the Authority shall appoint a Director and an alternate Director to the Board of Directors. Staff Recommendation: Appoint ________________ as the Town of Vail Regional Transit Authority representative. Appoint ________________ as the Town of Vail Regional Transit Authority alternate representative. Town Council Meeting Minutes of December 6, 2022 Page 7 Halloran explained this was a part of the Town’s participation in the Eagle Valley transportation Authority and the Council needed to appoint a member to the board as well as an alternate. Forrest clarified participation would be a fairly intense time commitment with the Authority creating an organizational structure and eventually hiring an executive director and filling out the organization. Mason made a motion to appoint Davis as the Town of Vail Regional Transit Authority representative and Seibert as the Town of Vail Regional Transit Authority alternate representative, Staufer seconded motion passed (6-0). 7.2 Ordinance No. 23, Series of 2022, First Reading, An Ordinance Repealing and Reenacting Chapter 13 of Title 5 of the Vail Town Code, Regarding Carryout Bag Requirements and Fees Presenter(s): Beth Markham, Environmental Sustainability Manager Background: On July 6, 2021, Governor Jared Polis signed HB21-1162, the Plastic Pollution Reduction Act (PPRA) into law. Following business and community outreach and Town Council input staff developed and refined recommendations for changes to Town of Vail Code Title 5, Chapter 13 regarding disposable plastic bags to come into compliance with the PPRA. Ordinance No. 23, Series of 2022 incorporates the code updates. In preparation for the first reading of the ordinance, this memorandum and presentation provide an overview of revisions to recommendations since the last council update. Staff Recommendation: Approve, approve with amendments, or deny Ordinance No. 23, Series of 2022 upon first reading. Markham explained the ordinance was in response to the statewide Plastic Pollution Reduction Act (PPRA) which would go into effect on Jan. 1, 2023. Markham stated since the previous update, staff had met with the restaurant owners and community and business stakeholder group and came up with the following changes to the original proposed ordinance: • Increase the current $.10 bag fee to $.25 per bag. No bag fee would be charged if consumer brought their own or chose not to use a bag. • Instead of the 60/40 town/business split fee, it would be reversed 60/40 business/town split fee. Businesses would be able to use the fees to help implement the program and offset the costs that could be related to HB21-1162 passing. • Remove small store exemptions. The fee and bans would apply to all grocery and retail stores and restaurants would remain exempt. • Adopt the definition of a Reusable Bag; designed for 125 uses, made of cloth, fabric or recycled material, stitched handles and can carry 22lbs. Staufer asked if businesses could still hand out free reusable bags. Town Council Meeting Minutes of December 6, 2022 Page 8 Markham stated yes, businesses would be able to hand out reusable bags or charge for them, it would be at their discretion. Mason asked about compostable plastic bags. Markham answered the State recognized compostable/biodegradable bags as single use bags and would not be able to be distributed. Markham explained staff researched what other communities were doing to implement the HB21-1162. Their findings were: Aspen • Would continue with no plastic bags at grocers >3,500 sq ft. and the $.20 bag fee on paper • Would expand to all retailers that the PPRA applies to as defined by the State Avon • Would continue with no plastic bags in any retailer (including small stores and restaurants) and the $.10 bag fee on paper Boulder • Would continue with plastic bag ban at grocery stores and the $.10 bag fee on paper • Would expand to all retailers required per PPRA • Would consider a bag fee increase in the future Breckenridge • Still was determining a plan for PPRA implementation • Considered following Frisco and implanting a $.25 bag fee on paper Town of Eagle • Planed to implement as detailed in the PPRA, but have small stores and restaurants exempt Eagle County • Still were determining a plan for PPRA implementation • Would consider Town of Avon or Town of Vail’s approach Markham reviewed the different types of outreach staff had conducted, which included Vail Chamber and Business Association Season Kick-off Presentation, contacting other municipalities, meeting with business and community stakeholder group, direct meetings with restaurants, and electronic communication to the impacted businesses. Davis asked what the feedback from the business community was. Markham stated there was some concern over the $.25 charge fee on large retail purchases and how that would go over with the customer, restaurants would like to remain exempt, and there was some frustration regarding timing of the implementation. Town Council Meeting Minutes of December 6, 2022 Page 9 She also stated some business owners asked if they would be able to pay the Town the fee instead of charging their customers. Markham clarified that the State regulated a fee be charged and that there would be a line item on the receipt to show the charge. Council members voiced their frustration with the PPRA. Seibert clarified the PPRA was a State law and would be going into effect anyway and that the council needed to decide between the $.10 and the $.25 bag fee. Markham confirmed yes it was a State regulation that would be going into effect and the stake holders suggestion to increase the bag fee from $.10 to $.25 would help change the behavior and encourage the public to carry reusable bags. Davis asked since the State was requiring the change, what would be enforced by the State and what would be enforce by the Town and how. Markham answered the State would be leaving enforcement up to the municipalities. Coggin, Staufer, Seibert, and Davis were in support of the $.25 bag fee. Mason and Foley were in support of keeping the bag fee at the current $.10. Council members voiced their concerns of how the bag fees would impact the guest experience as well as the business owners. Markham extended the offer for business owners to contact her with any questions and explained that staff was very committed to education and outreach to help with the transition as much as they could. Seibert made a motion to approve; Staufer seconded motion passed (5-1 Foley opposed). 7.3 Ordinance No. 24, Series of 2022, First Reading, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Residences at Main Vail Fund, Heavy Equipment Fund of the 2022 Budget for the Town of Vail, Colorado; and Authorizing the said Adjustments as Set Forth Herein; and Setting Forth Details in Regard Thereto Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. Halloran presented for Smith and stated the fourth budget supplemental would increase budgeted revenues by $4.8 million dollars and will increase budgeted expenditures by $4.4 million dollars. Halloran explained the supplemental was to catch up on items the Council had approved since the last supplemental in June and to recognize grants that were awarded and wildfire deployments. Town Council Meeting Minutes of December 6, 2022 Page 10 Foley appreciated the contract for the grant writer for future housing projects and questioned the attorney fees. Halloran explained the Town was involved in some litigation that increased the attorney fees. Coggin asked for clarification regarding the arbitrage compliance audit fees under Residences at Main Vail. Halloran stated that was an annual external audit process the Town goes through to make sure the Town doesn’t make too much interest on the Town’s financing required by Colorado Tax Law. Foley made a motion to approve; Staufer seconded motion passed (6-0). 8. Public Hearings 8.1 Ordinance No. 20, Series of 2022, Second Reading, An Ordinance Amending Sections 7-12-2, 7-15-6, and 7-12-7 of the Vail Town Code Regarding Pedestrian Mall Areas in the Town Presenter(s): Commander Ryan Kenney, Vail Police Department Background: On August 16, 2022, the Town Council passed revisions to Title 7 of the Vail Town Code related to pedestrian and vehicular circulation in pedestrian malls in the Town. That ordinance established a detailed fee calculation for the assessment of loading dock fees. To promote efficiency and consistency, the Town wishes to remove the detailed fee calculation from the Vail Town Code and instead place such information in the Town's fee schedule, modify the definitions and correct an erroneous reference to the Colorado Municipal Court Rules of Procedure and correct the language allowing High Volume Commercial Carriers into the village. This exemption will only apply to smaller box trucks and not freight vehicles. Freight will be diverted into the loading docks. Staff Recommendation: Approve, approve with amendments, or deny Ordinance 20, Series of 2022 upon second reading. Mire presented for Commander Kenney and stated there was no change to the first reading of the ordinance and the ordinance was to clarify and clean up some language in the original ordinance. Public comment was called, there was none. Staufer made a motion to approve, Mason seconded motioned passed (5-0). 8.2 Ordinance No. 21, Series of 2022, Second Reading, An Ordinance Providing for the Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the 2022 Tax Year and Payable in the 2023 Fiscal Year Town Council Meeting Minutes of December 6, 2022 Page 11 Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. Staff Recommendation: Approve, approve with amendments, or deny Ordinance No. 21, Series of 2022 upon second reading. Halloran explained passing the ordinance on second reading will allow the Town to certify the Mill Levy by December 15th, 2022 which is required by Colorado State Law. Total property tax estimated to be collected would be $5.7 million dollars, which represented 6.5% of the Town’s total revenue. Halloran stated there were minor updates made to the second reading based off updated information from the Eagle County Assessor. Public comment was called, there was none. Foley asked if the Town de-Gallaghered. Halloran answered yes, the voters allowed the Town to adjust the Mill Levy rate in order to stay flat with what the Town would have received if the assessment rated hadn’t been adjusted. Foley made a motion to approve, Staufer seconded motion passed (6-0). 8.3 Ordinance No. 22, Series of 2022, Second Reading, Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Town of Vail, Colorado for Its Fiscal Year January 1, 2023 through December 31, 2023.15 min. Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 22, Series of 2022 upon second reading. Halloran presented a high-level summary of the 2023 Budget and explained during the budget process, the Finance Department asked departments to prepare a 10% budget cut just in case. Halloran went through the different stages of the recession plan that was developed in case it was needed as well as what would trigger the recession plan going into effect. Stages included minor, moderate, significant, crisis, and critical and Halloran went over the expenditure reductions for each stage. Halloran explained that the finance team would be monitoring the overall economic activity which would include interest rates, labor market, stock market, travel, and consumer confidence. Halloran reiterated that the recession plan could be implemented quickly. Town Council Meeting Minutes of December 6, 2022 Page 12 Halloran summarized the changes made to the 2023 budget from first reading. Those changes included: Revenues: General Fund • Adjusted Parking Revenues up to $7/8 Million dollars ($235K increase); flat with prior year o Adjustment reflected an increase in pricing offset by normalization in the visitation • $48,000 State DUI enforcement grant offset by allocations of the fundd to other Eagle County agencies Expenditures: General Fund • $300k increase to placeholder for Phase I of the premium pay compensation philosophy o Projected impact-65 percentile within ranges o Critical need- Bust Drivers/HEO implementation in December 2022 o Late January rollout for the remainder of the organization o Phase II in 2024 • Sprout Social listening tool- $11K o Monitoring and response to community issues • Sales Tax Audit back to pre-COVID levels- $10K • $48,000 State DUI enforcement grant offset by allocations of the funds to other Eagle County agencies Halloran also stated the Town would be implementing a preferred construction procurement process that would begin with bidding in January/February Halloran presented a list of Capital Projects that had been brought up in other budget hearing meetings that had the potential to be phased approaches or a delayed approach. Greg Hall, Director of Public Works and Transportation explained the bridge replacement projects and provided more information on which could be delayed, and which were more important to complete in a timely manner. Foley asked that a $20,000 placeholder be added for the Red Sandstone School playground remodel that was scheduled to take place in 2023. He stated the school had raised the funds, and Vail Recreation District and School District would also be asked to contribute if Red Sandstone School needed additional funds to complete the work. Halloran stated the placeholder could not be added to the budget during the adoption but could be added during the first supplemental in March. Town Council Meeting Minutes of December 6, 2022 Page 13 Staufer asked about a placeholder for Holy Cross regarding boiler system replacements. Hall explained there were no current agreements with Holy Cross, but if that were to change, staff would bring the agreement to Council, and it would be included in a supplemental. Public comment was called, there was none. Coggin explained he still struggled with some of the outlined projects and would not be supporting the budget. Foley made a motion to approve, Staufer seconded motion passed (5-1, Coggin opposed). There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded motion passed (6-0), meet adjourned at 7:52pm. Respectfully Submitted, Attest: __________________________________ Travis Coggin, Mayor Pro Tem ___________________________________ Stephanie Bibbens, Town Clerk Town Council Meeting Minutes of December 6, 2022 Page 13 Staufer asked about a placeholder for Holy Cross regarding boiler system replacements. Hall explained there were no current agreements with Holy Cross, but if that were to change, staff would bring the agreement to Council, and it would be included in a supplemental. Public comment was called, there was none. Coggin explained he still struggled with some of the outlined projects and would not be supporting the budget. Foley made a motion to approve, Staufer seconded motion passed (5-1, Coggin opposed). There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded motion passed (7-0), meet adjourned at 7:52pm. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Town Clerk 20 AGENDA ITEM NO. 3.2 Item Cover Page DATE:January 17, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:December 20, 2022 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 122022 TC minutes.pdf 21 Town Council Meeting Minutes of December 22, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, December 22, 2022 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 Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Kevin Foley Jen Mason Barry Davis Jonathan Staufer Members present virtually: Pete Seibert Staff members present: Russell Forrest, Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1. Citizen Participation Robyn Smith, a Vail resident, expressed there was a need within the community to make fentanyl test strips and Narcan widely available, especially at bars and special events. Dave Chapin, a Vail resident, reiterated some of the ideas that were brought up earlier in the day’s Destination Stewardship plan review and also voiced concerns regarding paid overnight parking rates and the time it started. 2. Any action as a result of executive session There was none. 3. Recognitions 3.1 Mauri Nottingham Excellence in Environmental Sustainability Scholarship Awards The scholarship program is intended to provide recognition and financial support to qualified local residents and students interested in pursuing education and careers in the field of environmental sustainability. This award honors the contributions of Mauri Nottingham to the Vail Community. Lauren Merck, Dean Mosher, and Catherine Moloney are the recipients this year. 22 Town Council Meeting Minutes of December 22, 2022 Page 2 Langmaid announced the recipients of the Mauri Nottingham Excellence in Environmental Sustainability Scholarship Awards. Lauren Merck, Dean Mosher, and Catherine Moloney received the scholarships. 4. Consent Agenda 4.1 November 1, 2022 TC Meeting Minutes Foley made a motion to approve, Staufer seconded motion passed (7-0). 4.2 November 15, 2022 TC Meeting Minutes Davis made a motion to approve, Coggin seconded motion passed (7-0). 4.3 Resolution No. 60, Series of 2022, A Resolution Approving the Purchase of Residential Property Approve Resolution No. 60, Series of 2022 authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of North Trails Townhomes, Unit D, 2477 Garmisch, Vail, Colorado in the amount of, and not to exceed, $306,277.00, plus closing costs. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Availability of adequate housing remains a primary barrier to acceptance of employment offers for the Town of Vail. Mason made a motion to approve; Coggin seconded motion passed (7-0). 4.4 Resolution No. 61, Series of 2022, A Resolution Authorizing the Purchase of Residential Property Approve Resolution No. 61, Series of 2022 authorizing the Town Manager to enter into an agreement, in a form approved by the Town Attorney, the purchase of Homestake at Vail Condominium, Unit B103, 1081 Vail View Drive, Vail, Colorado in the amount of, and not to exceed, $465,000.00, plus closing costs. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. As the FTE count for the Town grows so does it’s need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Availability of adequate housing remains a primary barrier to acceptance of employment offers for the Town of Vail. 23 Town Council Meeting Minutes of December 22, 2022 Page 3 Foley made a motion to approve, Staufer seconded motion passed (6-0, Coggin abstained). 5. Town Manager Report 5.1 Council Matters and Status Report 5.2 Parking Update Greg Hall, Director of Public Works gave an update on the parking. Hall explained all the levels of the Red Sandstone Parking Structure would be open starting the upcoming weekend. Hall also informed Councill that Ford Park during the weeks had remained wide open, whereas the Red Sandstone structure had been more full, due to school being in session and level 2 being closed. Hall commented that on the weekends, when the top level had been available for public parking, Red Sandstone had not filled at all. Hall also stated, there had been two Frontage Road parking days so far and there was space available at the Ford Park Lot. Hall also explained staff would start to manage the Ford Park Lot moving into some of the peak weeks coming up and staff would maintain parking for employees in the mornings but start releasing spots in the afternoons to the public when the structures start to fill. Langmaid asked about the earlier comments made by Chapin during Citizen Participation and asked if staff could move the 4am charge time to 5am for employees that work late. Hall explained he wasn’t sure of the change from this year to last year with the times of charging and implied the booth attendants may have used the DUI program pass to let the late-night working staff out without a charge and that might not be the case this year, Hall thought that might by why the late-night staff was seeing the charge this year as opposed to last year. Hall stated staff would look at what could be changed to help alleviate the issue. Seibert asked if staff could maintain employee parking in the mornings for employees at the Red Sandstone Parking Structure like Ford Park. Hall explained staff had not been pushing the public over to the Red Sandstone lot and after the upcoming weekend there would be more available parking for employees at Red Sandstone. Mason wanted to reiterate to the community that if they had an Employee Parking Pass to go to Ford Park and Red Sandstone regardless of the time of day because staff was holding spots back for employee parking. Foley stated he heard from some of the public that Ford Park wasn’t convenient to park in. He went on to state that between the four East Vail Buses and the two Ford Park buses there was a bus every 15 minutes and didn’t understand how that wasn’t convenient. Coggin added that it was a five-minute walk from Ford Park to the Vail Village. 5.3 Council Strategic Planning Session Update Forrest confirmed January 17th, 2023 for a mini strategic planning retreat. 6. Action Items 6.1 Resolution No. 62, Series of 2022, A Resolution of the Vail Town Council Approving an amendment to the Vail Land Use Plan Map 24 Town Council Meeting Minutes of December 22, 2022 Page 4 Presenter(s): Greg Roy, Senior Planner Background: The applicant, Town of Vail, represented by Community Development Director Matt Gennett, is requesting approval of Resolution No. 62, Series of 2022, a resolution amending the Vail Land Use Plan map amendment, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the designation of portions of Tract A Middle Creek Subdivision from Open Space to Public/Semi-Public and High Density Residential. Staff Recommendation: The Planning and Environmental Commission held a public hearing on the proposed Land Use Plan Map Amendment on December 12, 2022 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2-0 (Pratt and Perez opposed). Roy explained the area of the Land Use Amended Map was West Middle Creek near the Middle Creek Housing Site, in Mountain Vail Tower. Roy also explained the amendment went before the Planning and Environmental Commission and summarized the process. Langmaid stated she noticed Commissioner Perez voted against the amendment during the PEC meeting because of an administrative piece about the deed and asked if the issue had been rectified. Roy explained that was part of the minor subdivision application that Perez referred to and she wanted to see an updated title report for the property. Staff added that as a condition of the minor subdivision which would be completed by the applicant as required. Staufer asked for clarification on why Commissioner Pratt voted against the amendment. Roy answered Commissioner Pratt was concerned with the change overall and thought the land should remain open space. Pratt thought the original plan was correct and didn’t need to be amended. Matt Gennett, Director of Community Development, presented on behalf of the applicant and explained the item was a request for an amendment to the Vail Land Use Plan which would amend portions of Tract A, Middle Creek Subdivision from Open Space to High Density Residential for Lot 5 and Public/Semi-Public for Lot 4. Gennett mentioned in 2001, there was an approval of the land use change and rezoning of Lot 1 to accommodate the Middle Creek Housing project. Originally the site had a land use designation of Open Space and was amended to be High Density Residential. Similarly, the original zoning was Natural Area Preservation, and the site was rezoned to Housing. Gennett explained the land use change was meant to allow for access to the new Lot 5 for housing and also had room for a future early childhood care facility on Lot 4 that would have a similar configuration to the current temporary Children’s Garden of Learning site at Lionshead Parking Structure. 25 Town Council Meeting Minutes of December 22, 2022 Page 5 Gennett also reviewed the Geohazard and Slope Analysis and went over the review criteria for the Land Use Plan Amendment. Gennett also clarified the PEC requested an Environmental Impact Report (EIR) and there were no significant impacts found in the report. Coggin asked if there had been any public comment regarding the amendment. Gennett answered there had not been any public comment at PEC. Coggin clarified there is section that was pushed up because of a CDOT right of way, and if CDOT didn’t need the right of way, the applicant could come back and amend the Land Use Plan again to pull it closer. Gennett explained the Land Use Plan would not need to be amended, but the Minor Subdivision would need to be updated. Staufer asked about massing studies that Bill Pierce completed years ago. Foley clarified the site could become the permanent home for the Children’s Garden of Learning over to Lot 4. Gennett stated that staff phrased it as a “future early childhood facility” because staff didn’t want to commit to anything until they knew more about the site or others that may become available. Staufer asked about language being used to protect the creek and wetlands around Lot 4. Gennett stated staff carved out the 25-foot setback which is the current regulation and there were recommendations in the Environmental Impact Report that staff would implement as well. Mason asked how hard it would be to have a pedestrian overpass put in to help connect the community and stated if a childcare center was built, it would give them easier access to the villages and the town. Gennett stated staff could factor in the cost of the overpass in as an option during the development plan. Staufer suggested publishing the massing studies from Pierce to let the public know what is being proposed. Forrest cautioned the massing studies weren’t truly reflective of what the Town would or would not do and it could also be a little misleading and create a false expectation. Gennett stated staff would want to fully vet the studies before publishing. Coggin made a motion to approve, Mason seconded motion passed (7-0). 6.2 Ordinance No. 25, Series of 2022, First Reading, An Ordinance Rezoning Lot 5 of the Middle Creek Subdivision, a Resubdivision of Tract A, from Natural Area Preservation (NAP) to Housing (H); Lot 4 of the Middle Creek Subdivision, a Resubdivision of Tract A, 26 Town Council Meeting Minutes of December 22, 2022 Page 6 from Natural Area Preservation (NAP) to General Use (GU), and the Remainder of Tract A, Middle Creek Subdivision, a Resubdivision of Tract A, From General Use (GU) to Natural Area Preservation (NAP) Presenter(s): Greg Roy, Senior Planner Background: The subject property was annexed into the Town of Vail in 1968 with Ordinance No. 8, Series of 1969. Ordinance No. 19, Series of 1995 zoned the portions of Tract A from Agricultural Open Space to the General Use and Natural Area Preservation districts. This rezoning was part of a larger rezoning that occurred after the passage of the 1994 Open Lands Plan adoption. In 2002, the property was subdivided to create Lots 1 and 2 to facilitate the development of Middle Creek Housing and to create the site for the telecom tower. In 2020, a subdivision application was approved by the PEC to create Lot 3 as the site for the Residences at Main Vail project. Staff Recommendation: The Planning and Environmental Commission held a public hearing on the proposed Zone District Boundary Amendment on December 12, 2022, where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2-0 (Pratt and Perez opposed). Roy explained the ordinance went along with the previous application and reviewed what the rezoning would entail. He also explained the rezoning had gone through the same process as the previous item with the PEC and the PEC found that it met the criteria for the Zone District Amendment (4-2). Foley asked if the Town was increasing the Natural Area Preservation area. Roy stated the Town would be increasing the Natural Area Preservation area by half an acre. Gennett presented on behalf of the applicant, stated Lot 4 would be changed from Natural Area Preservation to General Use and Lot 5 would be changed from Natural Area Preservation to Housing. Gennett added the rezoning would also clean up and put it under Tract A under one zoning designation because Tract A was zoned as two different zoning distinctions even though it wasn’t separate parcels or subdivided with boundaries. Approving the rezoning would make all of Tract A Natural Area Preservation in the areas to the north. Gennett explained the rezoning went through the review criteria with PEC and the Commission determined the rezoning application met the criteria and recommended approval. Coggin made a motion to approve; Davis seconded motion passed (7-0). 7. Public Hearings 7.1 Ordinance No. 23, Series of 2022, Second Reading, An Ordinance Repealing and Reenacting Chapter 13 of Title 5 of the Vail Town Code, Regarding Carryout Bag Requirements and Fees 27 Town Council Meeting Minutes of December 22, 2022 Page 7 Presenter(s): Beth Markham, Environmental Sustainability Manager Background: On July 6, 2021, Governor Jared Polis signed HB21-1162, the Plastic Pollution Reduction Act (PPRA) into law. Following business and community outreach and Town Council input staff developed and refined recommendations for changes to Town of Vail Code Title 5, Chapter 13 regarding disposable plastic bags to come into compliance with the PPRA. Ordinance No. 23, Series of 2022 incorporates the code updates. The first reading of the ordinance was approved December 6, 2022 with no changes required. Staff Recommendation: Approve, approve with amendments, or deny Ordinance No. 23, Series of 2022 upon second reading. Markham explained she did not have a formal presentation for the second reading of the ordinance but would gladly answer any of Council’s questions that may have come up since the first reading. Markham reviewed additional public input that had been received since the first reading. Some of that feedback included the public not wanting to pay the $.25 bag fee, the businesses frustrated with the timing to implement, restaurants had concerns and businesses worried about educating their employees about the new mandate. Markham addressed the concerns and stated the implementation timeline was a State mandate and the Town unfortunately couldn’t change the start date. She also reiterated that the restaurants were exempt from the mandate and also informed Council that staff was rapidly working on a tool kit to help businesses educate their employees and their customers on the new state mandate. Davis asked if the mandate required the businesses and Town to split the fee. Markham explained the mandate required the Town to let the businesses keep at least 40% of the bag fee sales. Markham also explained on first reading, the Council requested the businesses be allowed to keep 60%. Some Council members expressed their reluctance to charge a $.25 bag fee and stated they would rather keep the current $.10 bag fee. Markham explained currently the Town collects 100% of the bag fee and the total amount collected the past year was around $42,000 which went right back to the community to offer the hard to recycle events and other waste diversion plans (compost pilot program and paying for the waste diversion intern) offered by the Town. Without the bag fee money, the Town would not be able to run some of the critical programs unless staff requested more budgetary money. Mason stated if the Town would be collecting a bag fee from all the retail stores in the Town, the Town would be collecting more of the tax and could stay at the $.10 bag fee. Markham explained the way the ordinance is written, the Town would continue only collecting the $.10 bag fee and the businesses would receive $.15 of the remittance. She stated she did 28 Town Council Meeting Minutes of December 22, 2022 Page 8 not know what the ratio of bag usage was for the other retail stores, but ideally yes that Town would collect more by adding in the other businesses. Staufer asked if the Task Force had general feedback that the ordinance would change behavior. Markham answered the idea of changing behavior was the driving force for the stakeholders in suggesting raising the bag fee from a $.10 charge to a $.20 to $.30 bag fee charge. Staufer was concerned the business owners would be the ones to end up paying the bag fee and it would have no impact on the behavior change. Markham stated the State regulation mandated there be a line item on the receipt for the bag fee that is paid for by the customer and the mandate also stated the businesses were not able to refund the fee or pay for the cost. Council discussed the differences between charging $.10 and the businesses keeping 100% of the fee and charging $.25 and the businesses keeping 60% of the fee ($.15) and voiced their concerns on how the customers and guests were going to react to the fee regardless of the amount. Markham stated there was push back with the initial ban at the grocery stores in 2015, but now it was accepted. Foley commented if the Council decided to stay with the $.10 bag fee, staff insinuated there would be budget implications on the Town to fund the hard to recycle events and other programs. Mason responded if the Town is collecting the bag fee from more businesses than just the grocery stores; the money the Town received should stay the same. Forrest and Coggin explained most of the bag use would be coming from the grocery stores and adding the other business’ bag sale would not make up the difference. Langmaid asked what the other communities were charging. Markham answered Frisco was charging $.25, Breckenridge was considering $.25, Avon, Eagle County and the Town of Eagle were charging $.10, Aspen was charging $.20, and lastly Boulder was currently charging $.10 but considering increasing the fee to $.25. Coggin suggested staying in line with Avon, the Town of Eagle, and Eagle County by charging $.10, with the exception of keeping the spit 60% to the businesses and 40% to the Town. Forrest responded if Council decided to change to the $.10 bag fee, staff would have to ask Council to fill the gap in funding for the projects the bag fee was currently paying for. 29 Town Council Meeting Minutes of December 22, 2022 Page 9 Markham stated if Council wanted to go to the $.10 fee, she would recommend the Town keep 60% of the fee and give 40% back to the businesses which would make it consistent across Eagle County. Coggin stated if the Town changed the percentages to 40% to the businesses and 60% to the Town, it would be better for the businesses if the Town charged a $.25 bag fee and gave the business 60% ($.15) instead of charging $.10 and giving the businesses 40% ($.04). Markham stated the tool kit that staff would be offering to businesses would provide a sign stating the State was requiring businesses to charge a bag fee and the Town would be charging $.25. Mason asked that the tool kit also include a list of the programs the collected bag fee would help fund. Public comment was called. There was none. Seibert stated this was a State mandate and guests and customers would be upset no matter what and thought the $.25 charge was the right way to go. Coggin made a motion to approve, Staufer seconded motion passed (6-1 Foley opposed). 7.2 Ordinance No. 24, Series of 2022, Second Reading, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Residences at Main Vail Fund, Heavy Equipment Fund of the 2022 Budget for the Town of Vail, Colorado; and Authorizing the said Adjustments as Set Forth Herein; and Setting Forth Details in Regard Thereto Presenter(s): Carlie Smith, Finance Director Background: Please see attached memo. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 24, Series of 2022 upon second reading. Smith explained the ordinance would allocate $4.5 million across all of the Town’s funds and stated the majority of the supplemental reflected projects already approved by Council. Projects included housing purchases, new buses and approved construction projects. Smith stated there were a few minor changes made since first reading that were outlined in the beginning of the memo. Coggin asked for the breakout of the $230,000 of legal. Smith explained some of it was for the Town Attorney, but also other firms that the Town has employed. Forrest explained there were some CIRSA related claims. 30 Town Council Meeting Minutes of December 22, 2022 Page 10 Smith stated she could compile that information and send it to Coggin. Coggin asked if the Town had finalized where the Pepi’s Plaza memorial would be. Hall explained the memorial would be at the Children’s Fountain in Vail Village and staff would be discussing concepts and budget and would come back to Council to review them. Public comment was called. There was none. Coggin made a motion, Foley seconded motion passed (7-0. There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded motion passed (7-0), meet adjourned at 7:17pm. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Town Clerk 31 AGENDA ITEM NO. 3.3 Item Cover Page DATE:January 17, 2023 SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 2, Series of 2023, A Resolution of the Vail Town Council Approving an Intergovernmental Agreement between the Town of Vail and the State of Colorado Department of Transportation ("CDOT") regarding a Multimodel Transportation and Mitigation Options Fund Grant SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 2, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No.2 Series of 2023.pdf Public Input Resolution No. 3.pdf 32 RESOLUTION NO. 2 Series of 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION (“CDOT”) REGARDING A MULTIMODEL TRANSPORTATION AND MITIGATION OPTIONS FUND GRANT WHEREAS, the Town wishes to enter into an agreement with CDOT to receive grant funds in the amount or $250,000 for the necessary capital improvements to expand the Vail E-Courier Loading and Delivery program, in the form attached hereto as Exhibit A, incorporated herein and made a part hereof by this reference (the “IGA”); WHEREAS, improvements to the program will include additional electric vehicles and lifts, a walk-in cooler and retractable bollards in critical areas of Vail Village. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 17th day of January, 2023. _________________________ Kimberly Langmaid, Town Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk 33 From:Tom Vucich To:Council Dist List Date:Tuesday, January 17, 2023 11:02:40 AM Dear Council, We are writing to urge you to not extend VR's entitlements on the Booth Heights parcel tonight. It is so obvious to us, as it has been since the Town first offered to trade that parcel for The Residences at Main Vail nearly 3 years ago, that VR has no intention to negotiate in good faith--and they never have! They are disingenuous, if not deceitful, in their behavior and actions. They have had more than enough time to negotiate a solution to this unsavory issue. By extending these entitlements again, after all of their inaction, you as a council are giving in to their bullying pressure and that's unacceptable to us and so many in this community. The proverbial "word on the street" is their real intent is to try and stack the next council election with individuals who will be sympathetic to their hard line tactics. If you extend these entitlements you play directly into their hand. Let's not forget VR sat on a prime development site (EverVail) that included a much more desirable location for workforce housing for 10 years--and did nothing to provide for their workers there. The Town, meanwhile and to your credit, has moved aggressively forward with doing something about the housing issue- and making a significant investment in that effort. When Booth Heights fell in their laps VR took the easier and cheaper way to provide housing--one, by the way, that will include numerous multi-million dollar free market, for sale units. Matt Mire was correct in stating Booth Heights can't be described accurately as "affordable housing". This whole issue was supposed to be a trade--an alternative to Booth Heights to save the Bighorn Sheep. A large percentage of the Vail community has supported your actions thus far. Please don't let us and our wildlife down, Vote NO. Tom and blondie Vucich 4957 Juniper Lane Vail 34 From:pamelas To:PublicInputTownCouncil Cc:Russell Forrest; Stephanie Bibbens Subject:East Vail Housing Debate Date:Monday, January 16, 2023 4:56:08 PM Dear Mayor Langmaid and Council Members: One definition if insanity is doing the same thing over and over and expecting a different result. I hope the Vail Community is not headed in this direction with Vail Resorts. We know from history that Vail Resorts cannot be trusted to come to the table and negotiate in good faith with the Town. VR is bullying the Town when their attorneys state that they will not negotiate unless the entitlements on the site are extended. The TOV has offered VR two sweet deals, which they have ignored or rejected; the Residences at Main Vail and $12 million. What makes anyone think that VR is prepared to negotiate in an honest fashion now? Please consider that delaying proceedings and trying to negotiate falls right into the VR playbook. VR is trying to run out the clock on the current Council, hoping that a new Council in 2024 will drop the lawsuit or give them an even sweeter deal that has already been offered. I urge you to move this along. Make sure the Court understands the history of the proceedings - lack of cooperation by VR. If VR truly wants to settle, there is ample time to do so without extending entitlements. Regards, Pam Stenmark Pamela Stenmark pamelas@vail.net (c) 970-376-1124 35 From:Pete Feistmann To:Council Dist List Subject:Booth Heights suggestion Date:Monday, January 16, 2023 2:32:30 PM Dear Council Members: I’ve been opposed to the BH development from the start, because of the sheep, the location, and the visual impact. However, sadly, I think it’s time to recognize that we are unlikely to succeed with condemnation, and look for a decent compromise. I assume the town’s legal advisors are optimistic, but lawyers almost always are, especially while collecting fees. Some months ago, I suggested to several of you that you get an independent legal assessment of the case from an expert firm. I think they would say it’s going to be tough for a judge or jury to conclude that the public interest is better served by allowing condemnation to save the sheep, than it is by allowing employee housing to be built, especially since condemnation involves removing land owner’s property rights. If we lose, we’ll be out many millions for a lost cause, including the legal costs VR can get the court to award, and we’ve done great damage to our VR relationship. Awful. So...I suggest that the town publicly propose something like this: 1) VR and the town retain a mutually agreeable wildlife expert (or experts), and charge them with determining, regardless of cost, what sort of mitigation is most likely to preserve the herd, and that VR agree to pay that cost, and the mitigation cost. 2) That VR redesign the project to contain only employee rental housing, and that the town promises to do everything possible to quickly approve the new project. 3) That VR agrees to provide subsidy for regular express bus service from the project to town and the West Vail stores. 4) That VR and the town agree to have an appraisal of the Ever Vail land done by a mutually agreed appraisal firm, and the town agrees to buy EV for the appraised price, perhaps with a top limit. 4) is intended to be something the town could back away from, but better to have something like that in the proposal than be locked in to everything. We can also say, that unlike for Triumph, there is no reason for VR to make a profit on the project, especially since it is on free land, so that justifies the proposed changes. I hope you find this food for thought. If VR rejects it or something like it, at least the bad PR 36 will probably help the condemnation cause. Thanks for considering this. Pete Peter Feistmann PO Box 2438 Vail, CO 81658 feistmann@earthlink.net 37 From:JOHN & DIANA DONOVAN To:Council Dist List Subject:Booth Heights extension Date:Monday, January 16, 2023 7:55:21 AM The only card the town has is to table it and the town MUST play that card. They are not negotiating in good faith. Tabling would shock them! They are all about control so take it back! They do not care about or understand the town any more. Sent from my iPhone 38 From:Shirley McIntyre To:Council Dist List Subject:VR Date:Monday, January 16, 2023 5:36:53 AM Hope you all have a wonderful New Year! I came to Vail for the first time in 1966 at a very young age and have continued to come over the many years. We built a home on the Vail golf course hole 3. This was 28 years ago. We have seen Vail grow and grow, some good things and some not so good. Most everything that VR builds is not about quality, they are more driven to quantity and not quality. They do know how to run a good ski mountain, that’s all. They really don’t care what Vail should be or will be, they, of course want to develope and ruin the quality of Vail’s uniqueness. Booth Heights, is a good example of what they wan to destroy which is part of Vail . We don’t need anymore congestion, they should take some of the existing buildings and redo. Don’t destroy land with sheep. Out on the street, we hear people who are, like us, second home owners, they are picking up and leaving. We also hear that people will not move to Vail because the noise of 70 is terrible and the parking of cars parked all along the frontage road. I know we need employee housing, but go down valley, it’s expensive in Vail, with restaurants and other amenities. Please consider saying “no” to VR! Thank you for your consideration. Shirley Shirley McIntyre (214) 763-7720 | shirleymcintyre@mac.com Sent from my iPhone 39 From:Vail Homeowners Association To:Stephanie Bibbens Subject:Letters to Vail: Is Another Booth Heights Extension About to Take Place? Date:Monday, January 16, 2023 5:00:57 AM In jeopardy again? VAIL HOMEOWNERS ASSOCIATION Letters to Vail January 16, 2023 Is Another Booth Heights Extension About to Take Place? On Tuesday, the Town Council will consider another extension of Vail Resorts’ entitlements to construct Booth Heights in East Vail. If passed, the entitlements would keep Booth Heights alive by extending VR’s development entitlements another two years to at least November 20, 2024, 40 or maybe even years later. Although couched as being necessary to allow sufficient time to work on a settlement of the Town’s Condemnation lawsuit, the question is whether this is really in the best interest of the Town. The entitlements have already been extended multiple times. Originally, they would have expired beginning in late 2021, but through a series of resolutions intended to allow time to negotiate a settlement, they were extended until November 20, 2023. When no agreement was forthcoming, the Town filed its condemnation lawsuit. Now a critical hearing on the Town’s motion for immediate possession of the Booth Heights property is set for later this month which would also be postponed as part of the entitlement extension. Experienced trial attorneys and experienced negotiators know that nothing is gained by giving up something for nothing. What is the Town to get for the extension? Nothing but VR’s hollow promise to continue negotiations. But the Town has already heard this before when the entitlements were extended in 2020 and 2021 to allow time to negotiate a settlement. Instead of good faith negotiations, VR just strung the Town along until it finally rejected any settlement. Then VR thumbed its nose at $12 million for the property. Hoping that VR will now finally negotiate in good faith is not a strategy. A strategy is filing a lawsuit and proceeding to condemn the property. A strategy is making a good faith offer of $12 million for property that VR didn’t even know it owned until a few years ago. A strategy is complying with court-ordered mediation. Two months ago, the Court ordered the parties to mediation. Yet, here we are two months later with nothing reported except, that for VR to continue, the extensions must be granted. VR has had many months, even years, to negotiate a settlement but has stonewalled all attempts of the Town to reach an agreement. What is the reason to believe that now, suddenly, VR is going to change tunes and come to the table in good faith? Even the way that this proposal came about shows that VR’s strongarm tactics are still in play. According to reporting in the Vail Daily, VR’s attorney required this extension as a condition for continuing talks. That makes it apparent that good faith is still in short supply since VR could have already reached a settlement, and there is still plenty of time to conclude one within the 10 months still remaining on the current extension. Some feel that it is necessary to give in to VR’s demand for an entitlement extension so that the Town will appear cooperative to the Court. That is a strange turn of events since it has been the Town who has tried to reach a settlement and VR that has stonewalled all efforts. Should it be that rather than try to curry favoritism, the Town should be informing the Court about what is really been going on? And, as far as appearing cooperative, the Town has already agreed to move the hearing on the impending motion for immediate possession to May. There is no need to also extend the entitlements. Unfortunately, the community has only very limited knowledge about what is happening. It is all happening behind closed doors. Even this proposal is be discussed in executive session— scheduled for 40 minutes in the afternoon—so there will be no opportunity for public input in the discussion. So, what is really going on? Could it be that VR is trying to run out the clock on the current Town Council in hopes that the new Town Council that will be installed in 2024 will be more malleable or even willing to dismiss the condemnation case? And, is Booth Heights really about housing or is this a VR power play intended to teach a lesson to the TOV and all other communities where VR does business? Most important, giving in to VR demands will not settle this dispute. It might actually make it more difficult to settle as VR will be encouraged to seek even more concessions down the road. And, even postponing the critical immediate possession hearing may not be helpful unless there is real reason to believe that a settlement is possible. As experienced trial attorneys also know, often parties only become serious about reaching a settlement when there is an impending trial or other critical date looming. For these reasons, the VHA urges the Town Council to reject the extension of VR’s entitlements. If VR really wants to negotiate in good faith, there is nothing to prevent a settlement being reached in the coming weeks. 41 **************** VHA provides clear and concise discussions of matters affecting the Vail community in the belief that an informed citizenry will be an engaged citizenry. We intend to promote more citizen involvement and community discussions of issues facing the Town. If these are issues that concern you, please make your views known to town officials. Public discussion of current issues by concerned citizens creates an environment to further community initiatives. We heartily encourage your input in shaping the road ahead. ***************** Receive VHA Letters and reports as a Paid-Subscriber or Member. Contact: vailhomeownersassoc@gmail.com Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 331-2099 Email: vha@vail.net Website: www.vailhomeowners.com Copyright: 2022 Vail Homeowners Association | PO Box 238, Vail, CO 81658 Unsubscribe sbibbens@vailgov.com Constant Contact Data Notice Sent by vha@vail.net in collaboration with Try email marketing for free today! 42 From:Bob Essin To:Council Dist List Subject:Booth Heights Date:Saturday, January 14, 2023 8:40:19 AM January 14, 2023 Town Council, In making all current and future decisions on this matter, please recall the bad faith in recent years in negotiations by Vail Resorts. Also previous situations since I have been here since 1990 (and before which I have been told about) show their belief that they always get what they want, just push the time frame out further, elect a new council member or two. I suspect the previous mayor and another council member who both voted to uphold the decision by the committee whose deciding vote was a Vail Resort’s employee can’t wait for the next election to run to reverse your condemnation decision. The business entity that you are dealing with now is not the same and does not even resemble the company that started or ran the ski area in 1990 when I moved here. They want to delay you until they can change the Town Council. The international and national character and emphasis is completely different. Don’t be confused by present and local managers (some who have lived here for a long time) that answer to the board and shareholders. They don’t evaluate this situation with the same considerations or eyes that you have. Most of you have lived here most of your lives. The Vail Resort decision makers now do not live here anymore and don’t care about anything but the bottom line, $$$$. They do not care about the locals and the animals, especially the big horns (but also the coyotes, elk, and deer I have seen there myself) except for their bottom line to pay their shareholders and directors. More time to convince voters is all they seek. Do not give them more time. They are not in good faith. They lie. There is still plenty of land available in much better locations in Vail to build housing that is needed for local and county workers. You have recently made more available yourselves. They are not using all of Booth Heights for locals housing. It is just a profit making development for them (and jacking up the price as high as possible if you are able to continue with the condemnation). I still believe that previous owners and their attorneys could not have LOST this property from their inventories and then the laws of Colorado let them only pay taxes on it for 2 or 3 of 50 years once they rediscovered their ownership, what BS. The big horns have been evident a lot this fall and winter. I continue to point them out to fellow bus riders, even just behind the Bus Stop several times. Bob Essin 4264 Columbine Way #11 Vail CO 81657 Vailbob@comcast.net 970 376 4484 Sent from my iPad 43 AGENDA ITEM NO. 3.4 Item Cover Page DATE:January 17, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Resolution AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 3, Series of 2023, A Resolution of the Vail Town Council Extending the Approvals of the Approved Development Plan, Conditional Use Permit and Final Design for the Booth Heights Project SUGGESTED ACTION:Approve, approve with amendments or deny Resolution No. 3, Series of 2023 VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No. 3 Series of 2023.pdf 44 1 1/13/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\BOOTH HEIGHTS EXT-R011223.DOCX RESOLUTION NO. 3 SERIES 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL EXTENDING THE APPROVALS OF THE APPROVED DEVELOPMENT PLAN, CONDITIONAL USE PERMIT AND FINAL DESIGN FOR THE BOOTH HEIGHTS PROJECT WHEREAS, on August 26, 2019, in PEC19-0018 and pursuant to § 12-6I-11 of the Vail Town Code, the Planning and Environmental Commission (the "PEC") approved the development plan for a deed-restricted housing project (the "Booth Heights Project") located at 3700 North Frontage Road East/Lot 1 East Vail Workforce Housing Subdivision, Vail, Colorado (the "Property"); WHEREAS, also on August 26, 2019, in PEC19-0019, the PEC approved the associated conditional use permit for the Booth Heights Project; WHEREAS, on October 15, 2019, the Town Council upheld the approval of the development plan and conditional use permit for the Booth Heights Project; WHEREAS, on March 4, 2020, the Design Review Board (the "DRB"), in DRB19- 0652, approved the final design for the Booth Heights Project; WHEREAS, on May 18, 2022, the DRB in DRB19-0652.001, approved a revised final design for the Booth Heights Project; WHEREAS, on August 2, 2022, the Town Council upheld the DRB’s approval of the revised final design for the Booth Heights Project; WHEREAS, pursuant to the Vail Town Code, development plan approvals lapse after 3 years if construction of the development is not commenced; WHEREAS, pursuant to § 12-16-8 of the Vail Town Code, conditional use permits lapse after 2 years if construction of the development has not commenced; WHEREAS, pursuant to § 12-11-12 of the Vail Town Code, final design approvals lapse after 1 year if construction of the development has not commenced; WHEREAS, on September 15, 2020, the Town Council adopted Resolution No. 39, Series 2020, which Resolution extended the term of the approvals of the development plan, conditional use permit and final design for the Booth Heights Project through June 1, 2023; WHEREAS, on October 6, 2020, the Town Council adopted Resolution No. 44, Series 2020, which Resolution extended the term of the approvals of the development plan, conditional use permit and final design for the Booth Heights Project through December 1, 2024; 45 2 1/13/2023 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\BOOTH HEIGHTS EXT-R011223.DOCX WHEREAS, on March 2, 2021, the Town Council adopted Resolution No. 9, Series 2021 ("Resolution No. 9"), which repealed Resolution No. 39 and Resolution No. 44, Series 2020, but then extended the term of the approvals of the development plan, conditional use permit, and final design for the Booth Heights Project through November 20, 2023; WHEREAS, since the adoption of Resolution No. 9, the Town has filed a condemnation action in in the Eagle County District Court against The Vail Corporation, the owner of the Property, in Case No. 2022cv30193, seeking to acquire the Property through the Town's power of eminent domain (the "Condemnation Action"); and WHEREAS, to allow the Town and The Vail Corporation sufficient time to participate in court-ordered mediation in the Condemnation Action, the Town Council finds and determines that it is the best interest of the public health, safety and welfare to further extend the term of the approvals of the development plan, conditional use permit and final design for the Booth Heights Project as provided herein. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Town Council hereby extends the expiration date for the approvals of the development plan (PEC19-0018), conditional use permit (PEC19-0019) and final design (DRB19-0652), as revised (DRB19-0652.001) for the Booth Heights Project from November 20, 2023 to either, whichever occurs later: (1) November 20, 2024, or (2) 365 days after final resolution of the Condemnation Action, including any appeals relating thereto, which final resolution shall be calculated as of the last date of entry of all final, non-appealable orders necessary to fully and finally resolve the Condemnation Action. Section 2. If construction of the Booth Heights Project is not commenced by the later of the two dates outlined in Section 1, above, all four approvals shall lapse. INTRODUCED, READ, APPROVED AND ADOPTED THIS ___ day of January, 2023. ______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 46 AGENDA ITEM NO. 3.5 Item Cover Page DATE:January 17, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award with Pro Force Law Enforcement Supply to Purchase Weapons and Accessories for all Sworn Officers SUGGESTED ACTION:Approve the purchase for sidearms, holsters, sighting system and weapon mounted lights for all sworn officers not to exceed $60,000. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: towncouncilpistols.pdf 47 January 10, 2023 To: Town Council Through: Russell Forrest Town Manager Dwight Henninger Chief of Police From: Commander Ryan Kenney Operations Subject: Budget Request for Firearms We are requesting funds to purchase sidearms for the entire department which is currently approved in the 2023 capital budget. There are three main reasons why this request is being made; consistency with training, one type of ammunition (9mm) used by all officers and the departments’ ability to control firearms as Town property. Officers currently carry any sidearm they choose if it is on the list of approved firearms and is either a 9mm or .45 caliber. Officers carry a variety of firearms that have different sighting systems and require specific holsters. Some officer’s weapons are equipped with lights and other have no lighting capability. These differences create challenges when it comes to training officers. A common standard for one officer can be completely different for another depending on the type of weapon they carry. Creating lesson plans that address each officer and the weapon they carry can be challenging if not impossible in some cases. In addition to the training issue, officers can select between two types of ammunition, 9mm and .45 caliber. This creates issues. We must purchase enough of both rounds to complete training and have sufficient duty ammunition. The purchase of two types of ammunition puts a strain on the budget. The two types of ammunition also make it impossible for officers to exchange ammunition or magazines in a critical situation. The primary reason we are requesting to purchase department owned weapons is the control of the weapons. If an officer, for any reason, is placed on leave or terminated, the department has no legal ability to collect and control the firearm. Officers that are placed on leave or terminated are legally entitled to keep their weapon as they currently own the weapon. The ability to collect and control a department owned weapon may be the difference in saving the officer’s or an innocent civilian’s life. 48 Town of Vail Page 2 We are requesting to purchase sidearms, holsters, sighting system and weapon mounted lights for all sworn officers from Pro Force Law Enforcement Supply. Glock participates in law enforcement only pricing and this is the retailer that this region utilizes. The requests for weapons and accessories is $60,000. This amount was approved in the 2023 capital budget. 49 AGENDA ITEM NO. 4.1 Item Cover Page DATE:January 17, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Council Matters and Status Report SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 230117 Matters.pdf 50 COUNCIL MATTERS Status Report Report for Jan. 17, 2022 o Trash Trucks in the Village: Town Council directed the Town Manager to start looking into a program for reducing the impact of waste removal in the villages, similar to the recently implemented Loading and Delivery program managed by 106 West. o Lighting at East Vail exit ramps and Dowd Junction: Staff continues to escalate concerns to a two-year request that CDOT fix the street lights at these locations. Town Council Action Plan Updates Each month town staff will update the Town Council Action Plan document as projects and initiatives move forward or are updated. • The latest update includes 2023 budget numbers for all projects as well as an update on the E-Vail Courier Program and changes to public engagement details on Fire Free Five. Regional Transportation has been marked as complete. Below is a link to the timeline and “live” document: https://www.vailgov.com/government/town-council-meeting-registration/town-council- priorities In the News Dec. 30 Year in Review https://www.vaildaily.com/news/the-year-in-eagle-county-news-progress-on-housing- transportation-a-new-national-monument-and-ongoing-friction-between-vail-and-vail-resorts/ Dec. 31 Overflow Parking https://www.vaildaily.com/news/vail-seeing-less-frontage-road-overflow-parking-than-last- season-so-far/ Jan. 1 RTA https://www.vaildaily.com/news/eagle-valley-regional-transit-authority-starts-collecting-sales-tax- as-of-jan-1/ Climate Wins in 2022 - opinion https://www.vaildaily.com/opinion/climate-action-collaborative-22-local-climate-wins-in-2022 51 Jan. 2 Fluffy snow! - front page https://www.vaildaily.com/news/vail-daily-cover-photo-decked-out-for-the-new-year/ Vail Pioneers https://www.vaildaily.com/news/the-way-it-was-the-life-and-times-of-vails-motley-band-of- pioneers/ Jan. 3 New Vail PD Officers https://www.vaildaily.com/news/meet-the-newest-police-officers-at-the-eagle-county-sheriffs- office-and-vail-police-department/ Jan. 4 Residences at Main Vail https://www.9news.com/video/money/markets/real-estate/72-new-affordable-housing-units- being-built-in-vail/73-51bf5729-8c3f-49a9-a992-cee8d623a54d Chicken Suit Man https://www.vaildaily.com/news/chicken-suited-demonstrator-cited-for-trespassing-in-vail/ Jan. 5 Evergreen Decision https://www.vaildaily.com/news/vail-town-council-upholds-approval-of-evergreen-lodge- redevelopment-plans/ Jan. 6 Artists in Residency Program https://www.vaildaily.com/news/vail-looks-to-create-artists-in-residency-program-with-proposed- studio-in-ford-park/ Jan. 7 Henninger recognition https://www.vaildaily.com/news/vail-to-honor-police-chief-dwight-henninger-on-jan-10/ Jan. 9 Henninger recognition https://www.realvail.com/town-of-vail-hosts-public-reception-to-honor-chief-henningers-tenure- as-iacp-president/a15212/ Jan. 10 Red Lion Incident https://www.vaildaily.com/news/vail-police-make-arrests-after-assault-in-vail-village/ Jan. 11 Pretty cool start to year - letter to editor https://www.vaildaily.com/opinion/letter-a-pretty-cool-start-to-the-new-year/ Social Media Listening This report covers posts from Dec. 15, 2022 through midday Jan. 12. The majority of conversations are positive and center around experiencing Vail during the holiday time period during a particularly good snow year. Other themes included current events like the latest RMV 9 News story, the chicken suit man, parking and the Red Lion incident. 52 While the overwhelming majority of social media engagement came from the US, Japan saw the second highest impressions, centered mostly around Nathan Chen’s performance at Dobson Ice Arena. The spike in engagement Jan. 11 was led by a popular Instagram account posting a video of The Four Seasons hot cocoa followed by a meme from Fail Resorts, various influencer posts around trips to Vail and pics from Art in Public Places 16th Annual Winterfest. https://share.sproutsocial.com/view/bd465a81-f090-4b97-865a-81f090cb9777 Upcoming Events o Whistler Peer Resort Visit – TBD o Community Meeting – Mar 28? o Ski with Elected Officials in Vail – Mar 31 53 AGENDA ITEM NO. 4.2 Item Cover Page DATE:January 17, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Community Meeting, March 28, 2023 SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 54 AGENDA ITEM NO. 4.3 Item Cover Page DATE:January 17, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Skiing with Elected Officials on Vail Mountain, March 31, 2023 SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 55 AGENDA ITEM NO. 5.1 Item Cover Page DATE:January 17, 2023 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Contract Award to Predator Mountainwear for the 2023 Town of Vail Outerwear Uniform SUGGESTED ACTION: Authorize the Town Manager to enter into a purchase with Predator Mountainwear in a not-to-exceed amount of $185,000 and approve an increase of $35,000 to the Town’s outerwear uniform budget to be included in the first budget supplemental of 2023. PRESENTER(S):Susie Hervert, General Services Admin VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo Uniform Purchase 2023.pdf 56 To: Vail Town Council From: Public Works Department Date: January 17, 2023 Subject: 2023 Town of Vail Outerwear Uniform Purchase I. PURPOSE 2023 Town of Vail Outerwear Uniform Purchase II. BACKGROUND The Town of Vail historically purchases outerwear uniforms for employees every four years. The replacement schedule was for the 22-23 ski season, but the Town had to defer for one year due to supply chain issues and difficulties in finding an outerwear supplier that offered products that could meet the needs of our varied employee groups – particularly in our maintenance divisions. We are in our fifth year with our current Spyder jackets. After due diligence and reviewing samples from various outerwear vendors, town staff would like to proceed with Predator Mountainwear, a company founded by a former Spyder executive as Spyder no longer produces a uniform line. Predator Mountainwear can provide the Town of Vail with uniform pieces that have the quality and construction to last a four-year cycle. The new uniform pieces have almost identical features to our current Spyder jackets which held up extremely well with front-line employees – the employee group that uses the outerwear uniforms in the harshest of conditions. Additionally, the Predator Mountainwear pieces live up to the Vail standard in style and appearance. Samples are being sent in the next week to begin the sizing process for the entire Town of Vail organization. The approved 2023 budget includes $150,000 for the outerwear purchase, but staff is asking Town Council to approve a budget increase of $35,000 – based on estimations of quantities and the most current fabric pricing. Delivery would be anticipated in Fall 2023. III. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into a purchase with Predator Mountainwear in a not-to-exceed amount of $185,000 and approve an increase of $35,000 to the Town’s outerwear uniform budget to be included in the first budget supplemental of 2023. 57 AGENDA ITEM NO. 5.2 Item Cover Page DATE:January 17, 2023 TIME:15 min. SUBMITTED BY:Greg Roy, Community Development ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Permission to Proceed Utility and Drainage Easement in the Vicinity of 483 Gore Creek Drive SUGGESTED ACTION:Approve, approve with amendments or deny Easement of Town of Vail Property at 483 Gore Creek Drive. PRESENTER(S):Greg Roy, Senior Planner VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Staff Memorandum.pdf Attachment A. Applicant Narrative 12-27-2022.pdf Attachment B. Proposed Plans.pdf Public Input Easement.pdf 58 TO: Vail Town Council FROM: Community Development Department DATE: January 17, 2023 SUBJECT: Utility and Drainage Easement in the Vicinity of 483 Gore Creek Drive (Texas Townhomes), Permission to Proceed I. DESCRIPTION OF REQUEST The HOA of the Texas Townhomes, located at 483 Gore Creek Drive, represented by Pierce Austin Architects and High Summit Planning, Sean Hannigan, requests permission to proceed for a utility easement on Tract A, Vail Village Filing 5 on Town of Vail Stream Tract. The applicant requests permission to proceed to enter into a utility and drainage easement with the Town of Vail. It should be noted that the Vail Town Council is not being asked to approve the location or design of the improvements but rather to authorize the Town Manager to enter into an easement agreement that utilizes town-owned property for private uses. II. BACKGROUND/PROPOSAL The Texas Townhomes were constructed in 1962. The townhomes were built with minimal setbacks, including a zero setback on the western side, with Town of Vail Stream Tract bordering to the West and North. Located to the South is a tract that was previously a right-of-way which was vacated and granted to the Texas Townhomes for parking. Manor Vail shares the easterly property line. The applicant is requesting use of Town of Vail property in order to install utilities and drainage improvements. The applicant discovered that the existing utility service under the Texas Townhomes does not meet current building codes and will require upgrades in order to redevelop any of the units within the development. The existing utilities are located on Tract A but are not within an easement. In order to upgrade the utilities, an easement is required to run utility lines to the building, and to install a new transformer closer to Gore Creek Drive. The applicant is proposing a ten (10) foot wide easement extending from the north 59 Town of Vail Page 2 property line to the south for 74.2 feet, at which point it expands to the west by five (5) feet for a total of fifteen (15) feet wide and extends south another sixteen (16) feet south to the edge of the parking area and Gore Creek Drive (see the included plans for a diagram). The applicant is proposing to utilize this easement to install new utility lines from existing transformers to a proposed new transformer within the requested easement on Tract A that would then feed utility lines to the Texas Townhome’s property. The easement would be utilized for drainage as well. The applicant is proposing to install drainage along the south side of the Texas Townhome’s building that would extend to the easement and north towards Gore Creek and terminate at the end of the easement. Included with this application are improvements to Tract A and the adjacent Right of Way. Currently a portion of Tract A, closest to Gore Creek Drive, is paved and is used for access and parking. The applicant is proposing to remove 535 square feet of pavement from Tract A and 452 square feet of pavement from the Right of Way for a total of 987 square feet of asphalt removal, and restoring this area to native landscape. The applicant is also proposing to add 107 square feet of pavement along the south side of Gore Creek Drive within the right-of-way to maintain adequate access to the Texas Townhomes parking area. The west portion of Tract A that is paved is currently used as parking for two units of Vail Trails East. The HOA for Vail Trails East has purported that there is a parking agreement to allow this encroachment onto Tract A. Research to verify the existence of this agreement is ongoing. If this documentation can be provided and/or if Council wishes to allow the parking for Vail Trails East to remain, then that portion of pavement would not be removed and an alternative treatment to the benefit of Tract A may be necessary. This might include returning the entirety of Tract A to native landscape and upgrading the existing drainage swale to a Bioswale. The Town’s Watershed Specialist has reviewed the proposal and has the following recommendation. “It would be in the interest of the Town and in alignment with the goals of the strategic plan (specifically the Gore Creek Strategic Plan) to use this opportunity to restore the portion of tract A between Texas Townhomes and Vail Trails to a more natural state. Specifically, we would be looking to restore ecosystem services that the current turfgrass landscaping does not provide. Native grasses, forbs, and shrubs would better filter pollutants running off the adjacent parking lot and provide habitat for native creatures including pollinators and songbirds. In addition to restoration to native vegetation, the town should look into whether this site is feasible for a “bioswale” or similar grading work that, with proper vegetation, could better filter pollutants in the runoff from the adjacent parking lot. Such a restoration effort would be consistent with 60 Town of Vail Page 3 the way the Town manages other portions of stream tract along Gore Creek and its tributaries.” Please see the applicant’s narrative (Attachment A), and proposed plans (Attachment B). III. APPLICABLE PLANNING DOCUMENTS While there are no criteria for the review of a permission to proceed request, staff finds that the following provisions are relevant to this proposal. VAIL 20/20 (in part) Land Use and Development Goal #1 Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents • Work with utility companies and town staff to address capacity issues and identify future concerns for development and redevelopment projects. 61 Town of Vail Page 4 Environmental Sustainability Goal #5 Water Quality: Maintain Gore Creek watershed as a Gold Medal fishery, while working to maintain tributaries that meet and/or exceed aquatic life standards set by the state of Colorado. • Develop and implement best management practices for sedimentation and erosion control in the watershed VAIL VILLAGE MASTER PLAN (in part) #6-1 Texas Townhomes/Vail Trails To encourage redevelopment and to maintain the existing character of the neighborhood, the Vail Village Townhouse (VVT) District was established to grant additional gross residential floor area over what was allowed under High Density Multiple Family (HDMF) District zoning. A key factor in the redevelopment of these properties will be to relocate required parking in underground structures or a single unified structure serving all adjacent properties. This will allow for increased landscaping and overall improvements to pedestrian ways to create a park-like setting on the surface in this area. Redevelopment shall maintain the existing character of the neighborhood, with the appearance of two to three story buildings along the street elevation in all cases, the mature pines along Gore Creek shall be maintained. Stream impact must be considered. Special emphasis on 1.2, 2.3, 2.6, 3.1, 5.1, 6.2. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 2.3: Increase the number of residential units available for short term overnight accommodations. Objective 2.6: Encourage the development of employee housing units in Vail Village through the efforts of the private sector. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Objective 5.1: Meet parking demands with public and private parking facilities. Objective 6.2: Provide for safe and efficient functions of fire, police 62 Town of Vail Page 5 and public utilities within the context of an aesthetically pleasing resort setting. IV. ACTION REQUESTED The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property and Stream Tract for a utility easement to allow the installation of private improvements and determine whether to direct the Town Manager to approve an easement in a manner approved by the Town Attorney. At a subsequent Council meeting, staff will provide additional information regarding the Vail Trail’s East parking on Tract A and request a final determination regarding the parking as a separate action item. V. ATTACHMENTS A. Applicant’s narrative 12-27-22 B. Proposed plans 63 12/27/22 Texas Townhome Utility Easement: Project Narrative Dear Greg, Texas Townhomes Homeowners Association seeks a new easement from the Town of Vail to accommodate an updated utility configuration for the entire Texas Townhome complex. Sometime during the late 1960’s/early 1970’s the Texas Townhomes were constructed and approved with a configuration of utilities that does not meet current Code and poses a threat to the life, health and safety of the owners and occupants of the Texas Townhomes. This updated utility easement is proposed to be located on the Town of Vail’s Tract A. This new location will relocate the 4’x4’ electrical transformer box to the southern end of Tract A and locate the majority of equipment within a 10’ wide underground easement adjacent to the western edge of unit 1. The current requested configuration includes an area to the south where the transformer box is to be located within a 15’ wide section of easement. Civil Engineering drawings have been included with the application materials. The design of this proposed new easement was a result of a collaboration of utility companies, Town of Vail Staff, and Texas Townhomes representatives. The resulting easement locations represent the best fit taking into account the utility companies requirements for minimum distances from existing utilities as well as minimizing the footprint on Tract A. In exchange for this new easement configuration, Texas Townhomes will create and dedicate a 20’ wide Emergency High Summit Planning 970-331-4718 sean@highsummitplanning.com Mailing Address for invoices: 50 Round Up, Edwards, Co 81632 64 Access Easement from the western entrance of the complex. Additionally, Texas Townhomes will remove a large portion of asphalt that currently exists on Tract A. This newly removed area will then be landscaped with native vegetation. This new vegetation will help to increase the effectiveness of the riparian area associated with Tract A’s Interface with Gore Creek by replacing the impervious asphalt with healthy native vegetation and moving the transformer box further away from Gore Creek. We look forward to discussing this proposal with the Vail Town Council on the 17th of January. Thank You, Se n a n High Summit Planning 970-331-4718 sean@highsummitplanning.com Mailing Address for invoices: 50 Round Up, Edwards, Co 81632 65 PIERCE AUSTIN ARCHITECTS VAIL, COLORADO 2077 North Frontage Road W Unit G Vail, Colorado 81657 P: 970.476.6342 www.vailarchitects.com William F. Pierce, Architect Kit Austin, Director of Architecture Kathy Heslinga, Office Manager 1/6/2023 Dear Council Members, As part of the design team, we are writing today to express support for the Texas Townhouse Association Utility project, and to amplify several points related to the Project Narrative submitted by Sean Hanagan on December 27, 2022. Texas Townhouses were constructed in 1964, and while the townhomes’ existing utilities may have met the standards of Eagle County at that time, they are unconventional, undocumented, and have aged out of code compliance. We have been involved in the discovery of the extent of the current issues, and the constraints of the site that dictate the proposal for documentation of the utility services and improvements to come to current code standards. We hope that the Council can support the Association request for relocation and documentation of the historic utilities on Tract A and offer the following support for the facts that it is reasonable. 1. The utility features that exist in Tract A were placed when the Townhomes were originally constructed in 1964, and they predate not only the town ownership of Tract A, but the very existence of the Town of Vail itself. 2. Current zoning on the parcels includes a “zero lot line” rather than the usual 20-foot setback on the west property line of the Texas Townhouse Association property. 3. Documenting and relocating the existing easement services will clarify, contain, and modernize, but will not expand, the use of Tract A by the Texas Townhouse Association, nor by any of its individual members. 4. When the original utility placements were made, Tract A was owned by Vail Associates, and the Townhome owners were overwhelmingly investors in or executives of Vail Associates. There was no appropriation of public land or assets to private use. The historic congenial relationships and relaxed building standards resulted in the current conditions that we seek to correct. 5. These extraordinary facts eliminate any risk of creating an unfavorable precedent regarding the easement and private cooperation; the age of the utilities and the extremely unusual situation where the land in question already hosted private easement locations when it was conveyed to the town from Vail Associates are not present in other Town locations. 6. The Association is prepared to commit the funds needed to bring this historic condition to current standards (costs of which are expected to exceed approximately $1,200,000.00, and further is prepared to relocate and document a corrected Emergency Access Easement on its private land abutting the Golden Peak Tennis Courts and Gore Creek Drive. 66 PIERCE AUSTIN ARCHITECTS VAIL, COLORADO 2077 North Frontage Road W Unit G Vail, Colorado 81657 P: 970.476.6342 www.vailarchitects.com 7. There is no alternative privately owned location where the utilities can be located in conformity with utility company requirements and the Town desire for an Emergency Access Easement. 8. The utility relocation will cause months of inability of the owners to use their property while remedies are implemented. The proposed utility configuration solves a complex, legacy problem and allows the residential units to conform the utility services with current code and life/safety standards at their sole expense without additional construction involvement or support from the Town. This solution has required more than a year of sustained cooperation of the utility companies, the Texas Townhouse Association, and thirteen properties whose parcels will be variously separately burdened in the correction of the problem. We urge the Town Council to appreciate this effort and the unusual circumstances that drive it, and request support for the relocation of the utilities and the documentation of the utilities as shown in this application. Respectfully, William Pierce, Architect 67 COMMON PATH OF TRAVEL PERMITTED: 75'-0" MAX. COMMON PATH OF TRAVEL PROVIDED: EXISTING TO REMAIN COMMON PATH OF TRAVEL EXIT TRAVEL DISTANCE PERMITTED: 200'-0" MAX. EXIT TRAVEL DISTANCE PROVIDED: EXISTING TO REMAIN EXIT TRAVEL DISTANCE OCCUPANCY GROUP: RESIDENTIAL (R-3) TOTAL UNITS: 13 TOTAL FLOOR AREA: XXX SF RESIDENTIAL (R-3) RESIDENTIAL AREAS = 200 SF GROSS OCCUPANT LOAD ELEVATION A101 1 SIM 100'-0" SPOT ELEVATION 1 A101 SIM DETAIL NUMBER SHEET WHERE SHOWN SECTION LETTER SHEET WHERE SHOWN DETAIL DESIGNATOR BUILDING SECTION DESIGNATOR 101 DOOR DESIGNATOR 1i WINDOW DESIGNATOR 0 GRID LINE WALL TYPE 1 REVISION NUMBER LEVEL INDICATOR NAME INTERIOR ELEVATION DESIGNATOR A601 1 ELEVATION NUMBER SHEET NUMBER DOOR NUMBER ROOM NUMBER EXTERIOR ELEVATION DESIGNATOR A301 1 ELEVATION NUMBER SHEET NUMBER 00 00 00 CONSTRUCTION SPECIFICATION INSTITUTE SECTION NUMBER -REFER TO PROJECT MANUAL FOR PRODUCT SPECIFICATION 4'-5" FACE OF STRUCTURE TO FACE OF STRUCTURE N PROJECT NORTH W4-5. Room name 101 ° ± Ф W/ < ROUND WITH DEGREES PLUS OR MINUS PROPERTY LINE ANGLE CENTER LINE THESE PLANS WERE DESIGNED TO CONFORM WITH THE LATEST INTERNATIONAL BUILDING AND RESIDENTIAL CODES. DUE TO CONTINUOUS CHANGES IN BOTH LOCAL AND NATIONAL BUILDING CODES, ACCOMMODATING ALL BUILDING RESTRICTIONS IS IMPOSSIBLE. THEREFORE, THESE PLANS ARE SUBJECT TO LOCAL REQUIREMENTS AND INTERPRETATIONS. IT BECOMES THE RESPONSIBILITY OF THE BUILDER TO MAKE CERTAIN THESE PLANS COMPLY TO LOCAL CODE REQUIREMENTS. DO NOT SCALE DRAWINGS. IF CRITICAL DIMENSIONS DO NOT APPEAR ON THE DRAWINGS, NOTIFY ARCHITECT. IF DISCREPANCIES OCCUR BETWEEN DRAWINGS OR BETWEEN THE DRAWINGS AND SPECIFICATIONS, NOTIFY THE ARCHITECT FOR RESOLUTION.SQUARE FOOTAGES ON PLANS EQUAL GROSS FOR BUILDING DEPARTMENT USE ONLY. NOT TO BE USED FOR SALES OR LEASEABLE AREAS. DIMENSIONS LOCATING NEW CONSTRUCTION ARE TO THE FACE OF THE FRAMING AND CONCRETE OR CENTERLINE OF STRUCTURE BY WAY OF GRID LINE UNLESS NOTED OTHERWISE. DETAILS AND NOTES INDICATE TYPICAL CONDITIONS. FOR MINOR DEVIATIONS FROM TYPICAL DETAILS ARE TO BE ANTICIPATED AND ARE INFERRED. DETAILS AND NOTES PROVIDE DIRECTIONS AND OUTLINE THE DESIGN INTENT. THE CONTRACTOR SHALL USE PROFESSIONAL JUDGEMENT WHEN DEALING WITH SIMILAR CONDITIONS. EVERY EFFORT HAS BEEN MADE TO ELIMINATE ERRORS DURING THE PREPARATION OF THESE DRAWINGS. BECAUSE PIERCE AUSTING ARCHITECTS CANNOT GUARANTEE AGAINST THE POSSIBILTY OF HUMAN ERROR, IT IS THE OBLIGATION OF THE BUILDER TO VERIFY THE ACCURACY OF ALL DETAILS AND DIMENSIONS. THE PLANS, DRAWINGS, SPECIFICATIONS, DESIGNS, AND ENGINEERING HAVE BEEN DEVELOPED BY PIERCE AUSTIN ARCHITECTS SOLEY FOR ITS USE IN PREPARING AND SUBMITTING CONSTRUCTION CONTRACTS. PIERCE AUSTIN ARCHITECTS MAKES NO WARRANTY OF ANY KIND, LIABILITY, OR RESPONSIBLITY WHATSOEVER FOR THE PROPRIETY, EFFICACY, OR FITNESS OF SUCH WORK WHEN USED BY ANY OTHER PARTY FOR ANY OTHER PURPOSE, EXCEPT WHEN COVERED BY PIERCE AUSTIN ARCHITECTS WARRANTIES AND PROFESSIONAL LIABILITY OBLIGATIONS ACCOMPANYING ITS OWN CONTRACTS. OWNER:TEXAS TOWNHOME ASSOCIATION ARCHITECT:BILL PIERCE, PRINCIPAL PIERCE AUSTIN ARCHITECTS 2077 N FRONTAGE RD W, UNIT G VAIL, COLORADO 81657 P: 970.476.6342 E: bill@vailarchitects.com OWNERS REP:MOUNTAIN VALLEY PROPERTY MGMT ALEX CUDNEY P: 970.439.4476 E: alex@mvpmvail.com CONTRACTOR:COMPANY NAME MAILING ADDRESS TOWN STATE ZIP P: 555.555.5555 E: person@example.com STRUCTURAL :COMPANY NAME MAILING ADDRESS TOWN STATE ZIP P: 555.555.5555 E: person@example.com CIVIL:YARNELL CONSULTIN & CIVIL DESIGN JUSTIN YARNELL P.O. Box 3901 Eagle, Colorado 81631-3901 P: 970.323.7008 E: justin@theyarnells.com MEPs:AEC STAN HUMPHRIES P: 970.748.8520 E: stan@aec-vail.com BUILDING CODE:2021 International Building Code 2021 International Residential Code 2021 International Fire Code 2021 International Plumbing Code 2021 International Mechanical Code 2021 International Fuel Gas Code 2021 International Energy Conservation Code 2021 International Existing Building Code 2020 National Electrical Code CONSTRUCTION TYPE:V-A DWELLING UNITS:13 OCCUPPANCY TYPE:R-3 FIRE SPRINKLED:YES 2077 N Frontage Rd W, Unit G Vail, Colorado 81657 (970)476-6342 N O T F O R C O N S T R U C T I O N TE X A S T W N H M A S S O C . Pr o j e c t N u m b e r - 2 1 7 9 GO R E C R E E K D R I V E VA I L C O L O R A D O A0.00 COVER 16 DEC 2022 Design Approval ADMINISTRATIVE INFO. BUILDING CODE SUMMARY PROJECT DIRECTORY Situs Address 483 GORE CREEK DR Tax Area SC103 -VAIL (TOWN) -SC103 Parcel Number 2101-082-74-999 Legal Summary Subdivision: VAIL VILLAGE FILING 4 Lot: 1-9 TEXAS TOWNHOME UTILITIES VAIL COLORADO PROJECT LOCATION LIFE SAFETY DRAWING CONVENTIONS MISC. ABBREVIATIONS GENERAL NOTES SHEET INDEX SHEET # DESCRIPTION BY ISSUE DATE ARCHITECTURE A0.00 COVER PAA 16 DEC 2022 AX.01 SITE EXISTING PAA 16 DEC 2022 AX.02 UTILITIES v1 PAA 16 DEC 2022 AX.05 PARKING v1 PAA 16 DEC 2022 AX.07 PARKING ACCESS EASEMENT PAA 16 DEC 2022 AX.08 ENCLOSURE ENLARGED PAA 16 DEC 2022 DATE NO. DESCRIPTION 68 EXISTING CONDITIONS H Y D H Y D 2077 N Frontage Rd W, Unit G Vail, Colorado 81657 (970)476-6342 N O T F O R C O N S T R U C T I O N TE X A S T W N H M A S S O C . Pr o j e c t N u m b e r - 2 1 7 9 GO R E C R E E K D R I V E VA I L C O L O R A D O AX.01 SITE EXISTING 16 DEC 2022 Design Approval 1" = 10'-0"1 UTILITY PLAN - EXISTING DATE NO. DESCRIPTION 69 E) EDGE OF ASPHALT (E) TRANSFORMER (E) TV PED (E) PHONE PED WATER ELEC (E) SEWER GAS GA S "PARCEL A" "TRACT A"A/BA/BA/BA/BA/B UNIT 8 ELEC H Y D (N) TRANSFORMER H Y D GAS TV (N ) E A S E M E N T (N) EASEMENT (N) EASEMENT WATER ELEC (E) SEWER GAS TV (N) EASEMENT UTILITY LEGEND 15'-0" 10'-0" STORM 7'-0" 2077 N Frontage Rd W, Unit G Vail, Colorado 81657 (970)476-6342 N O T F O R C O N S T R U C T I O N TE X A S T W N H M A S S O C . Pr o j e c t N u m b e r - 2 1 7 9 GO R E C R E E K D R I V E VA I L C O L O R A D O AX.02 UTILITIES v1 16 DEC 2022 Design Approval 1" = 10'-0"1 UTILITY PLAN v1 - UTIL AND ESMNTS DATE NO. DESCRIPTION 70 12345678910111213141516171819202122232425 26 FEATHER IN (N) ASPHALT ON RIGHT-OF-WAY (E) TRANSFORMER (E) TV PED (E) EDGE OF ASPHALT PHONE PED E L E C 24 ' - 0 " 20'-0" 24 FT BACKOUT DISTANCE 24 ' - 0 " 20 FT EMERGENCY ACCESS EASEMENT "PARCEL A" "TRACT A" 27 A/BA/BA/BA/BA/B H Y D 20 ' - 0 " 24'-0" 15'-0" 28 2077 N Frontage Rd W, Unit G Vail, Colorado 81657 (970)476-6342 N O T F O R C O N S T R U C T I O N TE X A S T W N H M A S S O C . Pr o j e c t N u m b e r - 2 1 7 9 GO R E C R E E K D R I V E VA I L C O L O R A D O AX.05 PARKING v1 16 DEC 2022 Design Approval 1" = 10'-0"1 UTILITY PLAN v1 - PARK AND SITE DATE NO. DESCRIPTION 71 (E) TRANSFORMER (E) TV PED E) EDGE OF ASPHALT 987 SF REMOVED * NATIVE GRASS AND SEED MIX (E) PHONE PED (N) 20 FT EMERGENCY ACCESS EASEMENT 10 FT UTILITY EASEMENT 10 ' - 0 " 20 ' - 0 " "PARCEL A" "TRACT A" (E ) 2 0 ' - 0 " EXISTING 20 FT EMERGENCY ACCESS EASEMENT TO BE ABANDONED 5'-0"10'-0" 24'-0" 2077 N Frontage Rd W, Unit G Vail, Colorado 81657 (970)476-6342 N O T F O R C O N S T R U C T I O N TE X A S T W N H M A S S O C . Pr o j e c t N u m b e r - 2 1 7 9 GO R E C R E E K D R I V E VA I L C O L O R A D O AX.07 PARKING ACCESS EASEMENT 16 DEC 2022 Design Approval 1" = 10'-0"1 UTILITY PLAN v3 - EASEMENTS DATE NO. DESCRIPTION 72 8184'0" (E) GRADE 8186'0" (E) GRADE PR O P E R T Y L I N E 8184' - 0" 1/8" / 1'-0" (N) THICKENED CONC. SLAB / ACTS AS WALL FOUNDATION / OVERTURN RESISTANCE (N) CONC. RETAINING (N) STEEL FRAME UTILITY BOX BOLTED TO SLAB WALKWAY SPECS PER OWNER 2 AX.08 96 GAL 31" x 36"96 GAL 31" x 36" 3 AX.08 DN 3' - 0 " 2' - 0 " 3'-0 1/2"2"3'-0 1/2" 3' - 2 " 1 AX.08 PROPERTY LINE 6" RETAINING WALL 8184'0" (E) GRADE 8186'0" (E) GRADE PR O P E R T Y L I N E (N) ASPHALT SURFACE AND ROAD BASE (N) CONC. DRAIN PAN (N) FLUSH WALKWAY SURFACE; SLOPE 1/8" PER FT TO PAN (N) CONC. STAIR HANDRAIL PER CODE WALKWAY SPECS PER OWNER 8184'0" (E) GRADE 8186'0" (E) GRADE PR O P E R T Y L I N E 8184' - 0" (N) ASPHALT SURFACE AND ROAD BASE (N) CONC. DRAIN PAN (N) FLUSH WALKWAY SURFACE; SLOPE 1/8" PER FT TO PAN (N) 6" CONC. RETAINING (N) STEEL FRAME TRASH ENCLOSURE WALKWAY SPECS PER OWNER; COORDINATE W/ SLAB ELEVATION (N) GAS METERS 4' - 0 " 3'-6" 2077 N Frontage Rd W, Unit G Vail, Colorado 81657 (970)476-6342 N O T F O R C O N S T R U C T I O N TE X A S T W N H M A S S O C . Pr o j e c t N u m b e r - 2 1 7 9 GO R E C R E E K D R I V E VA I L C O L O R A D O AX.08 ENCLOSURE ENLARGED 16 DEC 2022 Design Approval DATE NO. DESCRIPTION 1/2" = 1'-0"2 Section Enclosure 1/2" = 1'-0"4 ENLARGED ENCLOSURE 1/2" = 1'-0"3 Section Walkway Stair v1 1/2" = 1'-0"1 Meter Enclosure 5 3D ENCLOSURE 73 10 ' - 0 " "PARCEL A" "TRACT A" 5'-0"10'-0" TRACT "A" EASEMENT REQUESTED 2077 N Frontage Rd W, Unit G Vail, Colorado 81657 (970)476-6342 N O T F O R C O N S T R U C T I O N TE X A S T W N H M A S S O C . Pr o j e c t N u m b e r - 2 1 7 9 GO R E C R E E K D R I V E VA I L C O L O R A D O AX.09 TRACT A EASEMENT 28 DEC 2022 Design Approval 1" = 10'-0"1 UTILITY PLAN v4 - TRACT A EASEMENT DATE NO. DESCRIPTION 74 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 GENERAL NOTES C1.1 “” · · · · · · · · 75 © 2021 Microsoft Corporation © 2021 TomTom SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 COVER SHEET C1 TEXAS TOWNHOMES GRADING & UTILITY IMPROVEMENTS 483 GORE CREEK DRIVE LOTS 1-9, VAIL VILLAGE FOURTH FILING TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO 811 # 76 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 EXISTING CONDITIONS & DEMO PLAN C2 77 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 SITE PLAN C3 78 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 EROSION CONTROL PLAN C4.0 79 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 EROSION CONTROL NOTES C4.1 “” 80 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 OVERALL GRADING PLAN C5.0 81 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 DETAILED GRADING PLAN C5.1 82 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 DETAILED GRADING PLAN C5.2 83 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 DETAILED GRADING PLAN C5.3 84 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 OVERALL UTILITY PLAN C6.0 85 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 DETAILED UTILITY PLAN C6.1 86 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 DETAILED UTILITY PLAN C6.2 87 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 811 DETAILED UTILITY PLAN C6.3 88 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 UTILITY NOTES C6.4 ’ ” ” ” ” ” 89 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 DETAILS C8.1 90 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 DETAILS - WATER & SEWER C8.2 91 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 DETAILS - WATER & SEWER C8.3 92 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 DETAILS - WATER & SEWER C8.4 93 SHEET NO. SHEET TITLE NO . NA M E YA R N E L L C O N S U L T I N G & CI V I L D E S I G N , L L C P. O . B O X 3 9 0 1 , E A G L E , C O L O R A D O 8 1 6 3 1 (9 7 0 ) 3 2 3 - 7 0 0 8 IS S U E / R E V I S I O N DA T E : DA T E TH E D E S I G N S S H O W N H E R E I N I N C L U D I N G AL L T E C H N I C A L D R A W I N G S , G R A P H I C RE P R E S E N T A T I O N & M O D E L S T H E R E O F , A R E PR O P R I E T A R Y & C A N N O T B E C O P I E D , DU P L I C A T E D , O R C O M M E R C I A L L Y E X P L O I T E D IN W H O L E O R I N P A R T W I T H O U T T H E S O L E AN D E X P R E S S W R I T T E N P E R M I S S I O N F R O M YA R N E L L C O N S U L T I N G & C I V I L D E S I G N , L L C . DE S I G N B Y : DR A W N B Y : RE V I E W E D B Y : PR O J E C T N O . : TE X A S T O W N H O M E S G R A D I N G & U T I L I T Y I M P R O V E M E N T S 48 3 G O R E C R E E K D R I V E VA I L , C O L O R A D O J. Y A R N E L L J. Y A R N E L L J. Y A R N E L L 21 . 0 1 1 12 / 1 4 / 2 0 2 2 DETAILS - WATER & SEWER C8.5 94 95 96 97 98 99 10 0 10 1 10 2 10 3 AGENDA ITEM NO. 5.3 Item Cover Page DATE:January 17, 2023 TIME:10 min. SUBMITTED BY:Alex Jakubiec, Finance ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 1, Series of 2023, First Reading, an Ordinance Amending Chapter 14 of Title 4 of the Vail Town Code to Expand Acceptable Insurance Types for the Licensing of Short-Term Rental Properties. SUGGESTED ACTION:Approve, deny, or approve with amendments, the first reading of Ordinance No. 1, series of 2023. PRESENTER(S):Alex Jakubiec, Budget Analyst/STR Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Ordinance No. 1, Series 2023 Memo Ordinance No. 1, Series 2023 104 __________________________________________________________________________ Memorandum TO:Town Council FROM: Finance Department DATE:January 17, 2023 SUBJECT:Ordinance No. 1, Series of 2023, an ordinance expanding types of insurance accepted for licensing requirements of short-term rental properties. I.SUMMARY Ordinance No. 1, Series of 2023 provides an administrative update to the STR code to allow staff to accept insurance provided by online marketplace facilitators if it meets or exceeds the town’s insurance requirements outlined in the code. The current STR ordinance, which took effect on January 1st, 2023, specifically states that marketplace facilitator insurance policies will not be accepted as meeting the insurance requirements for an STR registration. Due to recent significant changes in the insurance policies now offered by some online marketplace facilitators, staff recommends amending the STR ordinance to accept these insurance products. II.BACKGROUND Effective for all new STR licensees on or after January 1, 2023, and all existing STR licensees upon the renewal of their license, due by February 28, 2023—proof of a $1 million insurance coverage specifically for STR activity must be provided. The ordinance allows the following types of insurance to meet this requirement, but specifically does not allow for “insurance provided by online STR platforms” to qualify. Property liability insurance Commercial liability insurance Endorsement to a homeowner’s policy for coverage of STR activities III.DISCUSSION Since the approval of Ordinance No. 11, Series 2022, significant changes have occurred in the insurance policies offered by Airbnb and VRBO, the two largest STR platforms in Vail based on listings, that now meet the insurance requirements outlined within the Ordinance. Staff recommends amending the STR ordinance to allow for the acceptance of insurance from these platforms and others that may meet Town standards in the future. These insurance coverages 105 are outlined below. These policies only apply to rentals booked through each respective platform. A summary of coverage for Airbnb and VRBO are included below. Airbnb Host Liability Insurance o $1 million coverage o May cover STR host’s liability for; Bodily injury to a guest (or others) Damage to or theft of property belonging to a guest (or others) Damage caused by a guest (or others) to common areas, like building lobbies and nearby properties Host Damage Protection o $3 million coverage for damage caused by guests (or their invitees) o May covers host for; Damage to host’s home and furnishings/belongings Damage to host’s parked cars, boats, or other vehicles Unexpected or extra cleaning costs needed due to the behavior of a guest Loss of income from canceled Airbnb bookings due to damage VRBO Liability Insurance o $1 million coverage for bookings made through VRBO o May covers STR host’s liability for; Accidental injury to a traveler at the host’s rental property Damage to a third party (such as a neighbor) caused by a traveler Damage Protection Options o VRBO does not provide hosts insurance coverage for damage to their property o Hosts may require a damage deposit for minor property damage and/or require travelers to purchase property damage insurance coverage with up to $5,000 in coverage As outlined above, Airbnb has made significant changes to their insurance coverages which matches and exceeds the minimums outlined in Ordinance No. 11, Series 2022 for bookings made through their website. VRBO has also made changes that significantly match the minimums for liability insurance but would not provide coverage for the host’s property. Properties that rent on multiple platforms would still be required to provide proof of insurance beyond what is provided by the online STR platform. IV.ACTION REQUESTED OF COUNCIL 1. Approve, deny, or approve with amendments, the first reading of Ordinance No. 1, series of 2023. 106 1 1/11/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@D40BA1B4\@BCL@D40BA1B4.DOCX ORDINANCE NO. 1 SERIES 2023 AN ORDINANCE AMENDING SECTION 4-14-4 OF THE VAIL TOWN CODE, REGARDING INSURANCE FOR SHORT-TERM RENTALS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section Chapter 4-14-4 of the Vail Town Code is hereby amended as follows: 4-14-4: INSURANCE: Every STR shall be continuously insured, with minimum limits of $1,000,000. The insurance may be in any of the following forms: property liability insurance; commercial liability insurance; or an endorsement to a homeowner’s policy for coverage of STR activities. Insurance provided by online STR platforms does not qualify as valid insurance under this subsection. 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 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 Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4.The amendment of any provision of the Vail 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 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. Section 6.Effective Date. This ordinance shall take effect as provided by the Vail Town Charter. 107 2 1/11/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@D40BA1B4\@BCL@D40BA1B4.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of January, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of February, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ____ day of _________________, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 108