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Home My WebLink About2023-03-07 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Proclamation 3.1 Proclamation No. 3, Series 2023, One Book, One Valley, 2023 5 min. Read Proclamation No. 3, Series 2023 into the record. Presenter(s): Lori Barnes, Director of Library Services Background: Each year, The Bookworm of Edwards, Colorado Mountain College Vail Valley, Vail Public Library, Vail Mountain School & Eagle County High Schools team up to promote one book that the entire valley reads together, a reading program called “One Book One Valley”. We encourage all residents to read the same book at the same time to create a community book club. Programs and events related to the chosen book happen throughout the valley and will engage readers of all ages and interests. 2023 is the 12th year of this valley-wide Community Read. 4.Appointments for Boards and Commissions 4.1 Art in Public Places (AIPP) Appointments 5 min. Motion to appoint two members to service on the AIPP for a two year term ending March 31, 2025. Presenter(s): Kim Langmaid, Mayor 5.Consent Agenda (5 min.) 5.1 Resolution No. 9, Series of 2023, Approving a VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and Virtually via Zoom Zoom Meeting Link: https://us02web.zoom.us/webinar/register/WN_yMi49gzkS8-fpamE14iyAQ 6:00 PM, March 7, 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. Proclamation No 3, Series of 2023.docx 1 Memorandum of Understanding ("MOU") Regarding Planning for a State Land Board Community Housing Project. Approve, approve with amendments, or deny Resolution No. 9, Series of 2023. Background: The Town desires to enter into an agreement between the State Land Board; County of Eagle; Towns of Vail, Minturn and Avon; Eagle-Vail Metropolitan District, Traer Creek Metropolitan District, The Village Metropolitan District and EMD Limited Liability Company to conduct a cooperative planning effort for the development of community housing and other uses on State Land Board property situated adjacent to the Town of Avon and the Eagle-Vail and Traer Creek Metropolitan District. 5.2 Resolution No. 10, Series of 2023, Approving an Intergovernmental Agreement ("IGA") between the Town of Vail, the Town of Eagle, the Town of Avon, and the Eagle County Sheriff's Office. Approve, approve with amendments, or deny Resolution No. 10, Series of 2023. Background: To decrease the number of intoxicated drivers on our roadways, law enforcement agencies in Eagle County formed the Gore Range DUI Taskforce. The taskforce deploys randomly to saturate various locations of Eagle County by officers and deputies trained to detect intoxicated drivers. The taskforce takes a zero-tolerance approach to DUI enforcement to reduce alcohol and drug related crashes. The Colorado Department of Transportation (CDOT) provides funding for High Visibility Enforcement through a grant. Vail Police will manage the grant from the funds received through CDOT and disseminate to the law enforcement agencies that participate in these DUI HVE shifts. Grant period is July 1 – June 30 and the approximate funding is $60,000 in total for Eagle County law enforcement agencies for the fiscal year. 5.3 Resolution No. 11, Series of 2023, Approving a Memorandum of Understanding between the Town of Vail and Alliance for Sustainable Energy, LLC, Regarding the E-Bikes for Essentials Electric Bike Ownership Program and the Shift Bike Share Program Approve, approve with amendments, or deny Resolution No. 11, Series of 2023. Background: Town of Vail launched the E-Bikes for Essentials program in 2021 in partnership with NREL and Quiet Kat, a local electric bike (e-bike) manufacturer based in Eagle, CO. The program was modeled off the successful Can Do Colorado E-Bike Pilot Program launched by the Colorado 2023-09 - STATE LAND BOARD MOU.docx MOU-State Land Board Conceptual Planning FINAL 03.01.2023.pdf Reso No 10 - DUI IGA.docx DUI_Grant_IGA-A021523 (2).docx DUI_Grant_IGA_Exhibit_B.pdf 2 Energy Office in 2020. E-Bikes for Essentials provides an electric bike (e-bike), safety equipment (helmet, lights, bells), commuting gear (panniers), tools, and locks to income qualified Town of Vail residents who are employed as essential workers. In exchange, selected participants commit to using the e-bikes as their primary mode of transportation in the valley during non-snow months and to assist in data collection using the CanBikeCO mobile application developed by NREL. 5.4 Contract Award to Hyder Construction for the HVAC Replacement in the Municipal Building Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Hyder Construction to perform construction services including procuring long lead item HVAC equipment in anticipation of replacing the HVAC system in the Vail Municipal Building in the amount of, and not to exceed, $750,000. Background: The Vail Municipal Building has been slated numerous times for a major remodels, additions or other improvements over the last decade. All of these potential projects included replacing the original HVAC system. 5.5 Letter of Support for Eagle County First Responder Regional Technology Enhancement Project Approve, approve with amendments, or deny letter of support. Background: The Vail Police Department is requesting a letter of support for Congressionally Directed Spending funds under the Department of Justice “COPS Tech” account in the amount of $1,000,000 with a $1,000,000 local match. The funds will be used to replace our aging CAD and RMS systems. The matching funds will be spread through 12 agencies County wide. 6.Town Manager Report (10 min.) 6.1 Council Status Update 6.2 Vail Town Council Priority Goals for 2023 7.Action Items 7.1 Request for Mountain Towns 2030 Conference Funding 10 min. Approve to sponsor the Mountain Towns 2023 conference in an amount not to exceed $50,000, which would be included in the March supplemental budget request for Town Council’s approval at a later date. Resolution No. 11 - NREL MOU Memo 030723.pdf Reso No 11 - NREL.docx Open_Path_MOU-23-23522-0_for_Town_of_Vail_signature (1).docx Vail Municipal HVAC replacement kh.docx CADRMSletter.docx 230307 Matters.docx Priority Vail Town Council Goals for 2023.pdf 3 Presenter(s): Mia Vlaar, Director of Economic Development Background: The Mountain Towns 2030 Climate Solutions Summit was held in Breckenridge in 2022. The organizers are interested in hosting the conference in Eagle County in 2023, and have requested a sponsorship contribution from the host destination that includes a cash contribution and in kind services and venues (accommodations and meeting space). This component would require further negotiations. 7.2 Ordinance No. 5, Series of 2023, First Reading, An Ordinance Adding a New Chapter 15 to Title 4 of the Vail Town Code, to Regulate Private Security Guards and Private Security Employers 10 min. Approve, approve with amendments, or deny Ordinance No. 5, Series of 2023 upon first reading. Presenter(s): Commander Justin Liffick, Vail Police Department Background: The State of Colorado does not have a regulatory agency that provides oversight of security companies, security guards, or training requirements for security staff. Large metropolitan areas have created their own regulations to govern security companies and security guards with a good deal of success. Until recently, there has not been any need for these regulations in Vail. The increased presence of armed security personnel in Vail along with several incidents have caused concern for unregulated security. The Vail Police Department is requesting an ordinance for oversight and regulation of security companies that work in Vail. 8.Public Hearings 8.1 Ordinance No. 2, Series of 2023, Second Reading, An Ordinance Amending Section 12-11-4 of the Vail Town Code Concerning Renovations to Jointly Owned Properties 5 min. Approve, approve with amendments or deny Ordinance No. 2, Series of 2023 upon second reading. Presenter(s): Jamie Leaman-Miller, Planner Background: Under Colorado law, any covenant, restriction, or condition that "effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable." C.R.S. § 38-30-168(1)(a). While generally requiring written approval for renovations to any jointly-owned property is well within the Town's authority, this process creates a conflict when applied to the installation of solar or other renewable energy generation devices upon a commonly- owned property. Council Memo - Mtn Town 2030.docx Security Ordinance Memo.docx Security Guards-O021523.docx Staff Memorandum - Ordinance No. 2.pdf Ordinance 2, Series of 2023 Amendment Title 12-11-4.pdf 4 8.2 Ordinance 3, Series of 2023, Second Reading, An Ordinance Amending Title 3 of the Vail Town Code by the Addition of a New Chapter 7, Establishing the Building and Fire Code Appeals Board, and Amending Title 10 of the Vail Town Code by the Addition of a New Section 10-1- 13, Establishing Procedures for the Appeals Process. 5 min. Approve, approve with amendments, or deny Ordinance No. 3, Series of 2023 upon second reading. Presenter(s): CJ Jarecki, Chief Building Official Background: The BFCAB, or some variant of an Appeals Board, has been in existence in the Town for many decades. The codes adopted by the Town, published by the International Code Council, specify that this Board shall be established by the Town. As such, this Board is essential to the successful administration of the adopted codes of the Town. Unfortunately, a search of the current and historical Town Municipal Code and Charter have shown that there is no language provided for the BFCAB or its function. Additionally, language regarding the appeals process was inadvertently deleted from the Vail Town Code during the code adoption that took place in July of 2022. The second part of the ordinance simply puts this language back into the Vail Town Code. 8.3 Ordinance No. 4, Series of 2023, Second Reading, An Ordinance of the Vail Town Council Amending Section 4- 1-6 of the Vail Town Code to Exempt Certain Businesses from Local Business License Requirements 5 min. Approve, approve with amendments, or deny Ordinance No. 4, Series of 2023 upon second reading. Presenter(s): Lauren Noll, Sales Tax Administrator Background: The purpose of Ordinance No. 4, Series 2023 is to amend business licensing requirement exemptions as defined by Title 4, Chapter 1 of the Vail Town Code to comply with Senate Bill 22-032. 9.Adjournment 7:10pm (estimate) Attachment B. Staff Memorandum PEC22-0031_1-9-23.pdf Attachment C. PEC Results 1-9-23.pdf Memo_-_Ordinance_3__Series_of_2023__BFCAB.pdf Ordinance 3, Series of 2023 - BFCAB.pdf Ordinance 4, Series of 2023 Second Reading Memo.pdf Ordinance 4, Series of 2023.pdf 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. 5 AGENDA ITEM NO. 3.1 Item Cover Page DATE:March 7, 2023 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Proclamation AGENDA SECTION:Proclamation SUBJECT:Proclamation No. 3, Series 2023, One Book, One Valley, 2023 SUGGESTED ACTION:Read Proclamation No. 3, Series 2023 into the record. PRESENTER(S):Lori Barnes, Director of Library Services VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Proclamation No 3, Series of 2023.docx 6 Proclamation No. 3, Series of 2023 One Book, One Valley, 2023 WHEREAS, Community Read programs have united and uplifted hundreds of cities and municipalities throughout the United States of America; WHEREAS, the book “The Downstairs Girl” by Stacey Lee is a Young Adult title published in 2019 that is available in print, eBook & eAudiobook formats; WHEREAS, New York Times best-selling and Young Adult Novelist, Stacey Lee, is an award-winning author of 5 historical and contemporary young adult fiction. A native of Southern California and fourth-generation Chinese American, she graduated from UCLA, then got her law degree from UC Davis King Hall. After practicing law in Silicon Valley for several years, she finally took up the pen because she wanted the perks of being able to nap during the day, and it was easier than moving to Spain; WHEREAS, “The Downstairs Girl” is a powerful novel about identity, betrayal, and the meaning of family in the 1890’s. With prose that is witty, insightful, and at times heartbreaking, Stacey Lee masterfully crafts an extraordinary social drama set in the New South. “By day, seventeen-year-old Jo Kuan works as a lady’s maid for the cruel daughter of one of the wealthiest men in Atlanta. But by night, Jo moonlights as the pseudonymous author of a newspaper advice column for the genteel Southern lady, “Dear Miss Sweetie.” When her column becomes wildly popular, she uses the power of the pen to address some of society’s ills, but she’s not prepared for the backlash that follows when her column challenges fixed ideas about race and gender”; WHEREAS, this Eagle Valley Community Read is the 12th Year of the One Book One Valley initiative. This year, for the first time in our history, we have selected a Young Adult title for our community to enjoy. According to Ali Teague from the Bookworm of Edwards, “I believe that every adult should read at least one middle grade or young adult book per year, as they help us empathize and connect with young people. These books tend to have the richest and most relatable characters who are not only discovering who they are, but also their place in the world. They are also, generally, more optimistic about the state of the world so they can be that much needed palette cleanser after reading a heavy-hitting adult book. But my favorite thing about books written for young readers, and the reason I read several of them per year, is how unpretentious and accessible they are. Any adult at any reading level can read a young reader's book and learn and feel just like our young readers do”; 7 WHEREAS,this Eagle Valley Community Read will feature book discussions in venues around the valley; a movie night; a Chinese New Year Celebration; a Nengajo drop-in day; and, a special Guest Appearance by the author this spring; WHEREAS,the Vail Public Library, in collaboration with the Bookworm of Edwards, Colorado Mountain College, Battle Mountain High School, Eagle Valley High School and Vail Mountain School have resolved to bring this valley-wide Community Read program to the citizens of Eagle County; and WHEREAS,the One Book One Valley initiative will encourage literacy and shared enjoyment of reading throughout Eagle County. NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim do hereby promote the One Book One Valley initiative and officially announce and promote the book “The Downstairs Girl” to all Eagle County residents for their enjoyment and the enjoyment of all Dated this 7th day of March. Vail Town Council Attest: _______________________________________________ Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk 8 AGENDA ITEM NO. 4.1 Item Cover Page DATE:March 7, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Main Agenda AGENDA SECTION:Appointments for Boards and Commissions SUBJECT:Art in Public Places (AIPP) Appointments SUGGESTED ACTION:Motion to appoint two members to service on the AIPP for a two year term ending March 31, 2025. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 9 AGENDA ITEM NO. 5.1 Item Cover Page DATE:March 7, 2023 SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Resolution AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 9, Series of 2023, Approving a Memorandum of Understanding ("MOU") Regarding Planning for a State Land Board Community Housing Project. SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 9, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2023-09 - STATE LAND BOARD MOU.docx MOU-State Land Board Conceptual Planning FINAL 03.01.2023.pdf 10 RESOLUTION NO.9 Series of 2023 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (“MOU”) REGARDING PLANNING FOR A STATE LAND BOARD COMMUNITY HOUSING PROJECT WHEREAS, the Town desires to enter into an agreement between the State Land Board; County of Eagle; Towns of Vail, Minturn and Avon; Eagle-Vail Metropolitan District, Traer Creek Metropolitan District, The Village Metropolitan District and EMD Limited Liability Company to conduct a cooperative planning effort for the development of community housing and other uses on State Land Board property situated adjacent to the Town of Avon and the Eagle-Vail and Traer Creek Metropolitan District, to plan and develop approximately 40-acres of State Land Board property pursuant to the terms set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "MOU"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the MOU in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the MOU on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of March 2023. ____________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Stephanie Bibbens, Town Clerk 11 Memorandum of Understanding – State Land Board Conceptual Planning Page 1 of 10 MEMORANDUM OF UNDERSTANDING PLANNING FOR STATE LAND BOARD COMMUNITY HOUSING PROJECT STATEMENT OF PURPOSE – This Memorandum of Understanding (“MOU”) formalizes the agreement reached by the State Land Board; County of Eagle; Towns of Vail, Minturn and Avon; Eagle -Vail Metropolitan District, Traer Creek Metropolitan District, The Village Metropolitan District and EMD Limited Liability Company to conduct a cooperative planning effort for the development of community housing and other uses on State Land Board property situated adjacent to the Town of Avon and the Eagle -Vail and Traer Creek Metropolitan Districts. WHEREAS, the State Land Board desires to plan and develop approximately 40-acres of State Land Board property, described as a part of Section 16 in township 5S, range 81W (“Property”) and desires to coordinate the participation by nearby municipalities and adjoining metropolitan districts and land owners; and, WHEREAS, Introduced Colorado Senate Bill 23-001 (yet to be adopted) authorizes funding for the purpose of relocating existing Colorado of Department of Transportation facilities from the State Land Board property; and, WHEREAS, the State Land Board is conducting site analysis and preparing preliminary plans and designs for the development of a mixed-use neighborhood that will provide significant community housing; and, WHEREAS, the Property is located within three miles of the municipal boundaries of the towns of Vail, Minturn and Avon, and is therefore within the statutory 3-mile planning jurisdiction of all three municipalities; and, WHEREAS, the Property abuts the boundaries of the Eagle -Vail Metropolitan District and The Village Metropolitan District; and, WHEREAS, the Property abuts certain property that EMD Limited Liability Company owns, which property is part of a PUD generally known as The Village (at Avon) within the Town of Avon boundaries and, together with other properties within The Village (at Avon), is provided certain coordinated public infrastructure financing and related services by Traer Creek Metropolitan District and The Village Metropolitan District; and, WHEREAS, the Property abuts certain property that EMD Limited Liability Company owns, which property is part of a PUD generally known as The Village (at Avon) within the Town of Avon boundaries and, together with other properties within The Village (at Avon), is provided certain coordinated public infrastructure financing and related services by Traer Creek Metropolitan District and The Village Metropolitan District; and, WHEREAS, the Property’s proximity to The Village (at Avon) presents opportunities for coordinated planning of road and utility extensions that could serve both the Property and other properties within The Village (at Avon); and, 12 Memorandum of Understanding – State Land Board Conceptual Planning Page 2 of 10 WHEREAS, the local government parties desire to contribute expertise and local knowledge with regard to development of community housing and residential development planning, design and entitlement; NOW, THEREFORE, the parties to this MOU agree as follows: 1. NO LEGAL OBLIGATIONS. This MOU is only a statement of intentions to facilitate coordination among parties and shall not be construed to create, and shall not in fact create, any financial or other obligations or liabilities for any party to this MOU. This MOU shall not constitute a legal binding contract and shall not be used as basis for any legal claims by any party against another party. 2. CONCEPTUAL DESIGN AND PLANNING. The parties agree to schedule and attend regular meetings to review and discuss conceptual design and planning for the development of the State Land Board property. Each party shall appoint appropriate representatives, which may include elected officials and/or staff, but shall not include more than two elected officials from each municipality and shall not include more than one elected official from the County of Eagle. Meetings shall be scheduled as determined mutually convenient amongst the parties. Meetings may be in-person, by video-call, or by a hybrid in-person and video call format. Specific topics to address in the Conceptual Design and Planning include, but are not limited to, the following: (a) Site evaluation of the Property, including surveys, topography, environmental review, and geotechnical inspections; (b) Evaluation of utilities to serve the Property including potential alignment of roads and bridges to access Property on the north side of the Eagle River, construction of water storage tank(s) to provide adequate water pressure and water flow, and extension of sewer line and other utilities; (c) Evaluation of existing zoning and desired zoning for the development of community housing and other uses to ensure land use regulations align with desired outcomes; (d) Evaluation of choice of jurisdiction for development application, review and entitlements, including evaluation of applicable fees and taxes for each jurisdiction; (e) Evaluation of water service availability, including fee-in-lieu of purchasing water rights; (f) Preparing Conceptual Designs for community housing construction and other uses, including establishing guiding principles, design goals and objectives, and a desired timeline for completion prior to initiating the design process; (g) Pursuing construction methods and performance goals that promote climate action goals and strategies, including but not limited to all electric construction and net zero energy use and integration of recycling and composting collection; (h) Evaluation of potential deed restrictions and appropriate jurisdiction for administration of deed restrictions. 13 Memorandum of Understanding – State Land Board Conceptual Planning Page 3 of 10 3. COSTS FOR CONCEPTUAL PLANNING AND DESIGN. The State Land Board will directly contract with and be responsible for payment of fees to appropriate third-party consultants to conduct Conceptual Planning and Design, which may include designers, architects, engineers and other consultants. 4. ADMINISTRATIVE SUPPORT. The Town of Avon agrees to provide administrative support for meetings of the parties, including preparing and sending meeting notices, assembling and sending meeting packets, recording meetings, and preparing minutes of the meetings. 5. TERM. The term of this MOU shall end on March 1, 2024 unless the parties to this MOU extend the term of this MOU by written agreement. 6. TERMINATION. Any party may terminate its participation in this MOU by delivering fourteen (14) days written notice to the elected board or council for the other participating entities. 7. TABOR. This MOU shall not create any multi-year fiscal obligation of any party to this MOU and any funding contribution or other financial commitment shall be subject to annual budget and appropriation of each party. [SIGNATURE PAGES FOLLOW] COLORADO STATE BOARD OF LAND COMMISSIONERS BY: ____________________________________________________ Date:___________________ Bill Ryan, Director 14 Memorandum of Understanding – State Land Board Conceptual Planning Page 4 of 10 EAGLE COUNTY BY: ____________________________________________________ Date:___________________ Kathy Chandler-Henry, Eagle County Commissioners ATTEST:________________________________________________ 15 Memorandum of Understanding – State Land Board Conceptual Planning Page 5 of 10 TOWN OF AVON BY: ____________________________________________________ Date:___________________ Eric Heil, Town Manager ATTEST:________________________________________________ Miguel Jauregui Casanueva, Town Clerk 16 Memorandum of Understanding – State Land Board Conceptual Planning Page 6 of 10 TOWN OF MINTURN BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ 17 Memorandum of Understanding – State Land Board Conceptual Planning Page 7 of 10 TOWN OF VAIL BY: ____________________________________________________ Date:___________________ Kim Langmaid, Mayor ATTEST:________________________________________________ Stephanie Bibbens, Town Clerk 18 Memorandum of Understanding – State Land Board Conceptual Planning Page 8 of 10 UPPER EAGLE VALLEY WATER AND SANITATION DISTRICT BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ 19 Memorandum of Understanding – State Land Board Conceptual Planning Page 9 of 10 EAGLE-VAIL METROPOLITAN DISTRICT BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ 20 Memorandum of Understanding – State Land Board Conceptual Planning Page 10 of 10 TRAER CREEK METROPOLITIAN DISTRICT BY: ____________________________________________________ Date:___________________ Dan Leary, President ATTEST:________________________________________________ THE VILLAGE METROPOLITIAN DISTRICT BY: ____________________________________________________ Date:___________________ Dan Leary, President ATTEST:________________________________________________ EMD LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY By: Lava Corporation, a Colorado corporation, its Manager By:_________________________ Date: ___________________ Michael Lindholm, President 21 AGENDA ITEM NO. 5.2 Item Cover Page DATE:March 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Resolution AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 10, Series of 2023, Approving an Intergovernmental Agreement ("IGA") between the Town of Vail, the Town of Eagle, the Town of Avon, and the Eagle County Sheriff's Office. SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 10, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Reso No 10 - DUI IGA.docx DUI_Grant_IGA-A021523 (2).docx DUI_Grant_IGA_Exhibit_B.pdf 22 RESOLUTION NO.10 Series of 2023 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT ("IGA") BETWEEN THE TOWN OF VAIL, THE TOWN OF EAGLE, THE TOWN OF AVON AND THE EAGLE COUNTY SHERIFF'S OFFICE WHEREAS, the Town desires to enter into an IGA with the above-refenced entities to cooperatively participate in a High Visibility Impaired Driving Enforcement Grant Program promulgated by the Colorado Department of Transportation to detect and deter DUIs through a DUI deterrence campaign called The Heat is On, as more particularly set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "IGA"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the IGA in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of March 2023. ____________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Stephanie Bibbens, Town Clerk 23 1 2/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0B9EAB\@BCL@FC0B9EAB.DOCX INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "IGA") is made and entered into this ______ day of ____________ 2023 (the "Effective Date"), by and among the Town of Vail, a Colorado home rule municipality ("Vail"), the Town of Eagle, a Colorado home rule municipality ("Eagle"); the Town of Avon, a Colorado home rule municipality ("Avon"), and the Eagle County Sheriff's Office ("ECSO") (each a "Party" and collectively the "Parties"). WHEREAS, Vail, Eagle and Avon are Colorado municipalities organized and operated pursuant to their respective home rule charters and Colorado law, each of which operates a police department; WHEREAS, ECSO is the law enforcement department of Eagle County; WHEREAS, pursuant to Article XIV, § 18(2)(a) and (b), of the Colorado Constitution and C.R.S. §§ 29-1-203 and 32-1-1001, the Parties may enter into agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; WHEREAS, alcohol and drug related car crashes are the leading cause of death for young Americans; WHEREAS, on average, intoxicated drivers cause a death every 40 minutes in the United States; WHEREAS, it is estimated that for each intoxicated driver arrested by the police for driving under the influence ("DUI"), the offender has driven impaired at least 80 times; WHEREAS, to decrease the number of intoxicated drivers on the roadways, the Parties formed the Gore Range DUI Taskforce (the "Taskforce"); WHEREAS, the Parties now desire to cooperatively participate in a High Visibility Impaired Driving Enforcement Grant Program (the "Grant Program") promulgated by the Colorado Department of Transportation ("CDOT") to detect and deter DUIs through a DUI deterrence campaign called The Heat is On (the "Campaign"); and WHEREAS, each Party has determined it to be in the best interests of its respective taxpayers, residents, property owners, and constituents to enter into this IGA. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1.Cooperation. In furtherance of the Campaign, the Parties shall cooperate on their collective participation in the Grant Program, pursuant to Exhibit A, attached hereto and incorporated herein by this reference. 24 2 2/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0B9EAB\@BCL@FC0B9EAB.DOCX 2.Payment. Within 45 days of proof of completion of an overtime shift in furtherance of the Grant Program, Vail shall remit the required paperwork to CDOT and disburse the appropriate payment to the respective Party, pursuant to the Grant Program's requirements and the deadlines specified in the Grant Program Calendar, attached hereto and incorporated herein as Exhibit B. 3.Miscellaneous. a.Notices. All notices shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by U.S. mail, postage prepaid, addressed as follows: Vail: Dwight Henninger, Chief of Police 75 South Frontage Road Vail, CO 81657 ECSO: 885 Chambers Avenue Eagle, CO 81631 Avon: 60 Buck Creek Road Avon, CO 81620 Eagle: 200 Broadway Street Eagle, CO 81631 b.Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. c.Integration. This Agreement represents the entire agreement among the Parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. d.Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. e.Modification. This Agreement may only be modified by subsequent written agreement of the Parties. f.Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. g.No Third-Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. h.No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties and nothing contained in this Agreement shall be construed 25 3 2/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0B9EAB\@BCL@FC0B9EAB.DOCX as making the Parties joint venturers or partners. In no event shall any Party or its employees or its representatives be considered or authorized to act as employees or agents of any other Party. i.Force Majeure. No Party shall be liable for a failure to perform as required by this Agreement to the extent such failure to perform is caused by a reason beyond the control of that Party or by reason of any of the following occurrences, whether or not caused by such Party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences. j.Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of any Party under this Agreement is specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of any Party within any statutory or constitutional provision. k.Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities any Party or its officials, representatives, attorneys or employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Kim Langmaid, Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk EAGLE COUNTY SHERIFF'S OFFICE ________________________________ James Van Beek, Sheriff ATTEST: _____________________________ 26 4 2/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0B9EAB\@BCL@FC0B9EAB.DOCX TOWN OF EAGLE, COLORADO ________________________________ Scott Turnipseed, Mayor ATTEST: _____________________________ Jenny Rakow, Town Clerk TOWN OF AVON ________________________________ Jennie Fancher, Mayor ATTEST: _____________________________ Brenda Torres, Town Clerk 27 5 2/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0B9EAB\@BCL@FC0B9EAB.DOCX EXHIBIT A Grant Program 1.Requirements. a.The CDOT Highway Safety Office provides funding to Colorado law enforcement for impaired driving enforcement, education and awareness campaigns. The Campaign runs throughout the year, with 16 high-visibility impaired driving enforcement periods, centered on national holidays and large public events. Enforcement periods include: i.Sobriety checkpoints; ii.Saturation patrols; and iii.Additional law enforcement on duty dedicated to impaired driving enforcement. b.The Parties agree to the following Grant Program obligations and shall: i.Provide overtime to officers for enforcement of Colorado's impaired driving laws at checkpoints, saturation patrols, increased patrols, or as dedicated enforcement cars in at least 12 out of 16 enforcement periods; ii.Ensure all officers participating in the Grant Program are current of SFST certification according to Colorado standards; iii.Report their enforcement plans and activity to the CDOT Traffic Safety Portal before the deadlines specified on the calendar provided to the Parties by CDOT and made publicly available online, attached hereto and incorporated herein as Exhibit B; iv.Submit claims on CDOT's claim workbook forms with backup documentation within 45 days after the end of each enforcement period to the Law Enforcement Liaison via email; and v.Submit an annual report with the final claim that covers the enforcement campaigns the Parties participated in, reported on the High Visibility Enforcement report form included in the provided claim workbook. 2.Coordination. The Parties shall coordinate their participation through communication with Vail's Grant Program Coordinator, Mark Coe, at mcoe@vailgov.com, (970) 376-0873. 3.Forms. The Parties shall remit the required paperwork to Vail at the end of each shift worked in accordance with the Grant Program, including without limitation: a.Date of shift; 28 6 2/28/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC0B9EAB\@BCL@FC0B9EAB.DOCX b.Hours worked; c.Number of traffic stops completed within the shift; and d.Number of DUI arrests made within the shift. 4.Enforcement Periods. The Parties shall adhere to the 2022-2023 High Visibility Enforcement Impaired Driving Enforcement Periods pursuant to Exhibit B and to any subsequent enforcement period as promulgated by CDOT. 29 HOLIDAY DATE 4-Jul-22 24-Jun Friday, July 1, 2022 Wednesday, July 6, 2022 11-Jul MONDAY FRIDAY FRIDAY WEDNESDAY MONDAY 7-Jul Thursday, July 14, 2022 Wednesday, July 20, 2022 25-Jul THURSDAY THURSDAY WEDNESDAY MONDAY 28-Aug Thursday, August 4, 2022 Monday, August 15, 2022 19-Aug THURSDAY THURSDAY MONDAY FRIDAY 5-Sep-22 11-Aug Wednesday, August 17, 2022 Thursday, September 8, 2022 13-Sep MONDAY WEDNESDAY WEDNESDAY THURSDAY TUESDAY 8-Sep Thursday, September 15, 2022 Monday, October 24, 2022 28-Oct THURSDAY THURSDAY MONDAY FRIDAY 31-Oct-22 20-Oct Thursday, October 27, 2022 Tuesday, November 1, 2022 4-Nov MONDAY THURSDAY THURSDAY MONDAY FRIDAY 24-Nov-22 10-Nov Thursday, November 17, 2022 Wednesday, November 30, 2022 5-Dec THURSDAY THURSDAY THURSDAY WEDNESDAY MONDAY 1-Dec Thursday, December 8, 2022 Tuesday, December 20, 2022 27-Dec THURSDAY THURSDAY TUESDAY TUESDAY 31-Dec-22 22-Dec Thursday, December 29, 2022 9-Jan FRIDAY THURSDAY THURSDAY Tuesday, January 3, 2022 TUESDAY MONDAY 2-Jan 31-Jan THURSDAY Thursday, January 12, 2023 THURSDAY Wednesday, January 25, 2023 WEDNESDAY TUESDAY 12-Feb-23 2-Feb 20-Feb SUNDAY FRIDAY Thursday, February 9, 2023 THURSDAY Tuesday, February 14, 2023 TUESDAY MONDAY PRESIDENTS 20-Feb-23 10-Feb 6-Mar WEEK MONDAY FRIDAY Friday, February 17, 2023 FRIDAY Tuesday, February 28, 2023 TUESDAY MONDAY 17-Mar-23 9-Mar 27-Mar FRIDAY THURSDAY Thursday, March 16, 2023 THURSDAY Sunday, March 21, 2023 SUNDAY MONDAY 31-Mar 28-Apr FRIDAY Friday, April 7, 2023 FRIDAY Monday, April 24, 2023 MONDAY FRIDAY 29-May-23 9-May 9-Jun MONDAY TUESDAY Tuesday, May 16, 2023 TUESDAY Monday, June 5, 2023 MONDAY FRIDAY 3-Jun 26-Jun FRIDAY Friday, June 9, 2023 FRIDAY Tuesday, June 20, 2023 TUESDAY MONDAY Click Here to Subscribe to Enforcement Wave Google Calendar Click Here to view the Enforcement Wave Calendar in your web browser (Save to your Favorites) SUMMER BLITZ N/A 4-Aug *CLAIM DUE DATE 2022-2023 HIGH VISIBILITY ENFORCEMENT IMPAIRED DRIVING ENFORCEMENT PERIODS *All claims are due by the 45th day after the enforcement period ST. PATRICK’S DAY WEEKEND 5-May SPRING EVENTS N/A 8-Jun MEMORIAL DAY WEEKEND 20-Jul 14-Apr THANKSGIVING WEEK 14-Jan HOLIDAY PARTIES N/A 3-Feb NEW YEAR’S EVE WEEKEND 17-Feb WINTER BLITZ N/A 11-Mar SUPERBOWL WEEKEND 31-Mar HALLOWEEN WEEKEND 16-Dec 20-Aug SUMMER STRIKE OUT N/A 3-Sep STURGIS RALLY AUGUST 5-14, 2022 29-Sep 4TH OF JULY WEEKEND LABOR DAY CRACKDOWN 23-Oct FALL FESTIVALS N/A 8-Dec ENFORCEMENT PERIOD ENFORCEMENT PLAN DUE ON WEBSITE ENFORCEMENT STARTS @ 1800 ENFORCEMENT ENDS @ 0600 ARREST DATA DUE ON WEBSITE 30 AGENDA ITEM NO. 5.3 Item Cover Page DATE:March 7, 2023 SUBMITTED BY:Beth Markham, Environmental Sustainability ITEM TYPE:Resolution AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 11, Series of 2023, Approving a Memorandum of Understanding between the Town of Vail and Alliance for Sustainable Energy, LLC, Regarding the E-Bikes for Essentials Electric Bike Ownership Program and the Shift Bike Share Program SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 11, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No. 11 - NREL MOU Memo 030723.pdf Reso No 11 - NREL.docx Open_Path_MOU-23-23522-0_for_Town_of_Vail_signature (1).docx 31 To: Vail Town Council From: Environmental Sustainability Department Date: March 7, 2023 Subject: Resolution No. 11, Series of 2023, A Resolution to enter a Memorandum of Understanding with Alliance for Sustainable Energy, LLC, the managing and operating contractor for the National Renewable Energy Laboratory National Renewable Energy Laboratory (NREL) I. Purpose The purpose of this memorandum is to present for approval Resolution No. 11, Series of 2023, to enter a Memorandum of Understanding (MOU) agreement with Alliance for Sustainable Energy, LLC, the managing and operating contractor for the National Renewable Energy Laboratory (NREL) to utilize the OpenPATH mobile platform to collect and track electric bike (e- bike) mobility data from participants in the E-Bikes for Essentials program and integrate the platform in the Shift Bike regional e-bike share program. II. Background Town of Vail launched the E-Bikes for Essentials program in 2021 in partnership with NREL and Quiet Kat, a local electric bike (e-bike) manufacturer based in Eagle, CO. The program was modeled off the successful Can Do Colorado E-Bike Pilot Program launched by the Colorado Energy Office in 2020. E-Bikes for Essentials provides an electric bike (e-bike), safety equipment (helmet, lights, bells), commuting gear (panniers), tools, and locks to income qualified Town of Vail residents who are employed as essential workers. In exchange, selected participants commit to using the e-bikes as their primary mode of transportation in the valley during non-snow months and to assist in data collection using the CanBikeCO mobile application developed by NREL. Town of Vail began collaborating with NREL in 2021 to integrate the CanBikeCO mobile application into the E-Bikes for Essentials program to track participants transportation trips anonymously and collect data on how the e-bikes were used in place of other transportation modes, including driving personal cars or taking public transportation. NREL is also using the anonymous data in conjunction with a larger data set being collected by similar programs offered around Colorado through an expanded Can Do Colorado E-Bike pilot program. Data collected via the CanBikeCO app from Vail participants in July 2022 is displayed in the chart below. 32 Town of Vail Page 2 Chart 1: CanBikeCO app data collected by Town of Vail E-Bikes for Essentials participants in July 2022. The data is being used to understand commuter behavior, determine how e-bikes can be used as means for alternative transportation to reduce transportation related greenhouse gas emissions, and how they can be used as an equitable mode of transportation. To date, twelve Town of Vail residents are participating in the program and were selected through an application process in 2021 and 2022. Participants are required to collect data for the program for a minim um of two years. If they do not participate as required or if they leave the valley during the two-year commitment, they are required to return the bike and gear and another participant is selected. If they complete the two-year commitment, they can keep the e-bike and gear and data collection becomes voluntary. As of January 1, 2023, the funding for the CanBikeCO application was no longer available and NREL discontinued that application and opted to continue collecting data through the ir similar and free, open-source OpenPATH platform instead. Th is MOU allows for the synergistic coordination between the NREL and the Town of Vail for support in use of the NREL OpenPATH platform for the E-Bikes for Essentials program and explore a way to integrate the OpenPATH platform into the Shift Bike regional electric bike share program in 2023. The e-bike share program operates in Vail, EagleVail, Avon, and Edwards and is a partnership between Town of Vail, Town of Avon, EagleVail Metro District, Edwards Metro District, Eagle County Government, and Drop Mobility. There is no financial obligation to use of the OpenPATH platform for Town of Vail unless the town opts to brand or customize it. NREL and Town of Vail can use the information collected to understand how people get to work, what their constraints are, and how to better provide alternative options to commuting in single occupancy vehicles. The data will also be integrated into state-wide transportation studies as well. This comprehensive information will aid NREL and Town of Vail in their goals to reduce carbon emissions from transportation. The data collected during these programs will be used to understand how e-bikes are used including when and how often as well as distance travelled. The data will also be used to examine the differences in use between e-bike ownership models and e-bike share programs. Town of Vail will be the first 33 Town of Vail Page 3 municipality nationwide to contribute data for both e-bike ownership and e-bike share models to NREL. III. Action Requested of Council Staff requests the Vail to Town Council to approve Resolution No. 11, Series of 2023 to enter an MOU with NREL to use the OpenPATH platform to collect and track e-bike mobility data from participants in the E-Bikes for Essentials program and as part of the Shift Bike regional e-bike share program. IV. Attachments A. Memorandum of Understanding between Town of Vail and Alliance for Sustainable Energy, LLC, the managing and operating contractor for the National Renewable Energy Laboratory B. Resolution No. 11, Series of 2023 34 RESOLUTION NO.11 Series of 2023 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN THE TOWN OF VAIL AND ALLIANCE FOR SUSTAINABLE ENERGY, LLC, REGARDING THE E-BIKES FOR ESSENTIALS ELECTRIC BIKE OWNERSHIP PROGRAM AND THE SHIFT BIKE REGIONAL BIKE SHARE PROGRAM WHEREAS, the Town desires to enter into an agreement with Alliance for Sustainable Energy, LLC, the managing and operating contractor for the National Renewable Energy Laboratory, regarding the E-Bikes for Essentials, electric bike ownership program and the Shift Bike, regional electric bike share program, pursuant to the terms set forth in Exhibit A, attached hereto and incorporated herein by this reference (the "MOU"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the MOU in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the MOU on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 7th day of March 2023. ____________________________ Kim Langmaid, Mayor ATTEST: ___________________________ Stephanie Bibbens, Town Clerk 35 MOU Number- MOU 23-23522-0 MEMORANDUM OF UNDERSTANDING Between ALLIANCE FOR SUSTAINABLE ENERGY, LLC MANAGING AND OPERATING CONTRACTOR FOR THE NATIONAL RENEWABLE ENERGY LABORATORY and Town of Vail, CO SUBJECT.E-Bikes for Essentials, electric bike ownership program and Shift Bike, regional electric bike share program Synergistic coordination between the National Renewable Energy Laboratory (NREL) and the Town of Vail for support in use of the NREL OpenPATH platform for the E-Bikes for Essentials program, an electric bike ownership program for income qualified residents in Vail. The program provides an e-bike and all safety gear and accessories to support commuting free of charge to participants to use as their primary mode of transportation during non-snow months in exchange for data collection. The NREL OpenPATH platform will also be integrated into the Shift Bike regional electric bike share program in 2023. The e- bike share program operates in Vail, EagleVail, Avon, and Edwards and is a partnership between Town of Vail, Town of Avon, EagleVail Metro District, Edwards Metro District, Eagle County Government, and Drop Mobility. 1. Participants a.The National Renewable Energy Laboratory ("NREL") is a national laboratory owned by the Department of Energy and managed and operated by the Alliance for Sustainable Energy, LLC under DOE Contract No. DE-AC36-08GO28308. NREL has a primary location at 15013 Denver West Parkway, Golden, Colorado, 80401. b. The Town of Vail is a Colorado home rule municipal corporation with an address of 75 S. Frontage Rd. Vail, Colorado 81657. c. Either Town of Vail or NREL are referred to as a “Participant”. Both Town of Vail and NREL are collectively referred to as “Participants.” 2. Purpose a. Desiring synergy between their independently programmed activities, the Participants intend coordination under this MOU to advance their mutual interests. b. NREL plans to support the energy evaluation objectives of Town of Vail using an instance of the NREL OpenPATH platform for data collection among participants of the E-Bikes for Essentials program and the Shift Bike regional electric bike share program. NREL will share de-identified datasets with Town of Vail and provide a public dashboard with standardized analyses for energy, emissions, and use evaluation. The datasets will inform various U.S. Department of Energy (DOE)-sponsored research projects related to energy efficiency through changes to travel behavior. The datasets will also be archived 36 2 for long-term research use on the NREL Transportation Secure Data Center (TSDC) or Livewire data platforms. Validation and improvement of OpenPATH platform will support the goals of DOE’s Energy Efficient Mobility Systems (EEMS) Core Tools capabilities. 3. Scope of Coordination a. The shared objectives for the coordination planned under this MOU are: Testing and implementation of the NREL OpenPATH platform in support of Town of Vail’s E-bikes for Essentials program and Shift Bike regional electric bike share. Analysis of energy, emissions, and use of the program from datasets generated by participants in the E-bikes for Essentials program and Shift Bike regional electric bike share. Development of reports and/or publications to inform similar programs in other locations. Long-term archival on secure data platforms to support longitudinal research and comparison with future programs. NREL’s support to the grantees participating in the pilot is intended to include: o Availability for advice or support for configuring the data tools o Periodic support to iterate or adjust tool implementation based on feedback o Support for the public dashboard with automated analytics for generating reporting elements o Engagement with individual participants for problem solving as needed with approval of E-bikes for Essentials program and Shift Bike regional electric bike share. b. Potential outcomes from the coordination include: Validation and improvement of the NREL OpenPATH platform. Energy, emissions, and use evaluation of the E-bikes for Essentials program and Shift Bike regional electric bike share. Data and informational input into DOE-sponsored research projects related to energy efficiency through travel behavior change. Publications related to findings to serve as foundational knowledge for similar applied projects. c. Collaboration between NREL and Town of Vail will support various U.S. Department of Energy (DOE)-sponsored research projects related to energy efficiency through changes to travel behavior. Travel survey data linked to demographic information is generally limited in both geographic scope and freshness. This makes it hard to evaluate impacts of new mobility options until several years after the options have been deployed. Collaboration with the E-bikes for Essentials program and Shift Bike regional electric bike share offers a unique data opportunity for more timely evaluation of the energy and emissions impacts of novel mobility modes. Direct benefits include access to data to 37 3 inform large agent-based models (ABMs) that are integral to the program objectives of SMART research work, OpenPATH platform will support the goals of DOE’s Energy Efficient Mobility Systems (EEMS) Core Tools capabilities. d. The TSDC was created in 2009 to address the challenge of maximizing research returns from original transportation data while protecting the privacy of participants. The project is supported by the U.S. DOT and the U.S. DOE and is hosted at the National Renewal Energy Laboratory’s (NREL’s) Center for Integrated Mobility Sciences, located in Colorado. Examples of recent research enabled by TSDC data include assessing electric vehicle adoption, public transit gaps and active transportation potential. Detailed information on the TSDC’s operating procedures is available on the website and in this publication and fact sheet. 4. Funding a. Unless otherwise determined by writing, each Participant is responsible for the costs it incurs in participating in the coordination contemplated by this MOU, including all administrative costs, overhead expenses, labor costs, insurance costs, travel expenses and similar costs. b. This MOU is neither a fiscal nor a funds-obligation document. Nothing in this MOU authorizes or is intended to obligate the Participants to expend, exchange, or reimburse funds, services, or supplies or transfer or receive anything of value. c. This MOU: (1) is not a contract; (2) is not to be used to obligate or commit funds; and (3) is not to be used as a basis for the transfer of funds. 5. Researcher Exchanges a. Each Participant is to be responsible for its own personnel in relation to researcher exchanges to carry out coordination under this MOU. b. Each Participant’s personnel are to adhere to the regulations, policies, and procedures of the host institution in carrying out coordination under this MOU, including protection of business proprietary information, protection of intellectual property, conditions of coordination and decorum, conditions of security and safety, and all other terms under which personnel are authorized to participate in researcher exchanges at the host institution. c. Each Participant has sole responsibility for its own personnel in relation to matters as travel formalities, appropriate insurance (medical insurance), travel expenses, suitable living accommodation and expenses, and computing hardware, applications, and internet connections. At the sole discretion of and compliant with the terms of systems access at the host institution, limited access to internal computing hardware and systems may be provided under researcher exchanges to facilitate the researcher’s activities at the host institution. 6. Term a. This MOU shall be effective on the later date of the signatures of the Participants. 38 4 b. The term of this MOU is for 30 months. The MOU may be extended by mutual written consent. c. Earlier termination of the MOU shall be effective upon sixty (60) days written notice given to the other Participant. 7. Role of the Participants a. Each Participant’s principal point of contact for coordination under this MOU is identified below. These contacts will also be responsible for resolution of issues occurring across organizational lines in their respective organizations. NREL Name K. Shankari Title Post-Doctoral Director’s Fellow Address 15013 Denver West Parkway, Golden, CO 80401 Email K.Shankari@nrel.gov Phone 303-384-6450 Town of Vail Name Beth Markham Title Environmental Sustainability Manager Address 75 S. Frontage Rd. Vail, CO 81657 Email bmarkham@vailgov.com Phone 970-479-2333 b. The Participants agree that neither will use the name of the other Participant or its employees in promotional activities with reference to the coordination arising from this MOU without prior written approval of the other Participant. 8. Confidentiality and Disclosure of Information Each Participant intends to coordinate independently programmed activities in a manner which facilitates exchanges of non-proprietary information that is not Personal Identifiable Information (“PII”). For the purpose of this MOU, PII means all information that identifies, or can be used to identify, locate, contact, or impersonate a particular individual. Examples of PII include a specific individual’s: first name (or initial) and last name (current or former); geographical address; electronic address (including an e-mail address); personal cellular phone number; telephone number or fax number dedicated to contacting the individual at his or her physical place of residence. When connected with one or more of the items of information specified above, PII includes any other information concerning an individual that, if disclosed, identifies or can be used to identify a specific individual physically or electronically. For the purposes of this MOU, location information that is not linked to the items above, and basic demographic information is not considered PII. 9. Intellectual Property Activities which may involve sharing of proprietary information and transfer of rights and interest in intellectual property are excluded from the purview of this MOU. In the event it 39 5 becomes necessary to share proprietary information, separate nondisclosure agreements will be put in place. 10. Review Meetings a. Quarterly meetings to review plans and coordination, along with ad-hoc coordination meetings as necessary. b. NREL: K. Shankari,K.Shankari@nrel.gov; Town of Vail: Beth Markham, bmarkham@vailgov.com 11. Future Collaborations The Participants hereby confirm this MEMORANDUM OF UNDERSTANDING and acknowledge their understanding by the following signatures. Alliance for Sustainable Energy, LLC managing and operating contractor for the NATIONAL RENEWABLE ENERGY LABORATORY Signature a. This MOU does not create legally binding obligations between the Participants. It serves only as a record of the Participants’ coordination of areas of independently programmed activities. b. The Participants may propose to each other separate joint collaboration that involves collaborative research and development related to the subject matter of the MOU. c. If the Participants agree to undertake joint collaborations that involve collaborative research and development, they intend to develop a separate written agreement for each collaborative research and development project, setting out each Participant's contribution, deliverables, responsibilities, and intellectual property rights and obligations. 12. Governmental Immunity The Town of Vail and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this MOU, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended, or otherwise available to the Town of Vail and its officers, attorneys or employees. 13. Subject to Annual Appropriation Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town of Vailnot performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 40 6 Signatures The Participants hereby confirm this MEMORANDUM OF UNDERSTANDING and acknowledge their understanding by the following signatures. Alliance for Sustainable Energy, LLC managing and operating contractor for the NATIONAL RENEWABLE ENERGY LABORATORY ______________________________________ Signature ______________________________________ Printed Name ______________________________________ Title _______________________________________ Date Town of Vail ___________________________________ Signature ____________________________________ Printed Name ____________________________________ Title _____________________________________ Date 41 7 APPENDIX (study-specific information) 1. Name:E-bikes for Essentials program and Shift Bike regional electric bike share program 2. Short textual description (~ 3 sentences): As transportation is the second leading sector of greenhouse gas emissions in the Town of Vail and commute schedules get increasingly complex in our “Future of Work”, NREL and Town of Vail would like to experiment with an automated trip tracking solution for understanding travel behavior. This commuting study (“Study”) can allow NREL and Town of Vail to understand variations in travel across centers, days of the week and months of the year without complex, time-consuming surveys. This study will also help NREL and Town of Vail better understand how electric bikes can be used as a commuting tool in the mountain region to reduce single occupancy vehicle commuting trips. 3. Short textual purpose (~ 3 sentences):NREL and Town of Vail can use this information to understand how people get to work, what their constraints are, and how to better provide alternative options to commuting in single occupancy vehicles. This comprehensive information will aid NREL and Town of Vail in its goal to reduce carbon emissions from transportation. The data collected during these programs will be used to understand how e-bikes are used including when and how often as well as distance travelled. The data will also be used to examine the differences in use between e-bike ownership models and e-bike share programs. 4. Three-sentence summary for app:- The Town of Vail aims to incentivize commuters to adopt energy-efficient, non-polluting modes of transportation and maximize air quality benefits. In the E-bikes for Essentials program, it is providing e-bikes to low-income essential workers in the Town of Vail to use as the primary mode of transportation during non-snow months. In the Shift Bike regional electric bike share program, users purchasing program memberships will have the opportunity to participate in the study to collect data on how the regional electric bike share can be used to achieve climate goals. The app allows program participants to log trips, identify mode of transportation, and compete against others to benefit our environment. 5. Point of contact listed in the app – e.g.: For questions about the programs, please contact Beth Markham, Environmental Sustainability Manager at the Town of Vail (email: bmarkham@vailgov.com; phone: 970-479-2333). 6. List of users with access to the admin dashboard: Beth Markham, Environmental Sustainability Manager, bmarkham@vailgov.com Cameron Millard, Energy Efficiency Coordinator, cmillard@vailgov.com Chris Southwick, Mobility Innovation Coordinator, csouthwick@vailgov.com 7. Examples of research questions that this data could be used to answer (optional, max 3 bullet points): Travel behavior modeling to support cost-benefit analyses of various potential commute programs. 42 8 The impact of post-pandemic telework on transportation energy efficiency and GHG emissions The impact of micromobility ownership and shared programs on commuter behaviors and patterns 43 AGENDA ITEM NO. 5.4 Item Cover Page DATE:March 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to Hyder Construction for the HVAC Replacement in the Municipal Building SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Hyder Construction to perform construction services including procuring long lead item HVAC equipment in anticipation of replacing the HVAC system in the Vail Municipal Building in the amount of, and not to exceed, $750,000. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Vail Municipal HVAC replacement kh.docx 44 TO:Vail Town Council FROM:Public Works Department DATE:March 7, 2023 SUBJECT: Vail Municipal Building HVAC system replacement I.SUMMARY The purpose of this memorandum is to provide the Town Council information regarding the need to replace the HVAC system in the Vail Municipal Building. II. BACKGROUND The Vail Municipal Building has been slated numerous times for a major remodels, additions or other improvements over the last decade. All of these potential projects included replacing the original HVAC system. The pandemic put on hold more robust plans of pursuing a new building at the Civic Hub site. Since then, staff has been investigating a second phase to a Municipal Building remodel since the first phase remodel of the Council Chambers. The design ideas and overall improvements have evolved over the last couple of years. The latest project to be considered was a combination of replacing the original HVAC system with both public facing improvements and upgrades to existing workspaces. The Town hired an architectural and engineering firm to provide designs to be priced. The remodel project not only included the Municipal Building but also the Community Development Department as well. The town engaged Hyder Construction who recently successfully completed the Public Works Shops to provide pricing and a schedule for the work. The price for this project was nearly $ 5 million compared to $ 1.5 M budgeted. The town staff and Hyder, as well as our engineers tried to reduce the project to not only improve the overall appearance of the Town facilities, improve workspaces but replace the HVAC system. A revised scope reduced the budget by nearly half, however there was concern of spending even this amount considering renewed interest in the Civic Hub site. The town will be looking in more detail at the ability to move the municipal offices verses stay in place as part of the Civic Hub planning later this year, however a new building may not be available for move-in for three-four years. While it is not prudent to make any significant investments in non-essential improvements which might be potentially short-lived, the HVAC system is at risk for failure in the very near term. The replacement of the HVAC system is actually three different systems which controls a majority of the Municipal Building. The three systems consist of one for the Administration Offices, one for the Human Resources Offices and then a combined system which handles the downstairs offices and the Town Council Chambers. The HVAC system for these areas are the original systems which we are unable to find parts if they break, and less able to restore to 45 Town of Vail Page 2 working order if we have a catastrophic failure as the lead time for replacement is months and our ability to provide temporary heat/air circulation is significantly hampered by the current electrical limits of the building. Throughout these various remodel project iterations, one issue with the schedule and timeframes has been completing the project prior to another heating season. Due to the uncertainty of most of the other portions of the project, staff has now limited the project specifically to replacing only the HVAC system in the Municipal Building and completing the work this fall. To meet the schedule, the Town needs to go under contract the beginning of March to ensure delivery of the HVAC equipment for a Fall construction period. The cost of the Municipal Building HVAC is approximately $ 750,000. This project will temporarily displace Town functions during the construction period, due to both demolition work on ducting in the Administration area and occupying spaces without a functioning HVAC system in place. The staff is in the process of looking at alternative temporary locations for town staff to work while the project is under construction. This includes holding Council meetings in an alternative location, most likely the Grand View room. III. DISCUSSION Allow the Town Council to ask questions or provide concerns about operations that the staff can come back and address. The important issue is awarding the project to allow the contractor to order the long lead time for the HVAC equipment now to meet a project completion schedule this fall. I.ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Hyder Construction to perform construction services including procuring long lead item HVAC equipment in anticipation of replacing the HVAC system in the Vail Municipal building in the amount of, and not to exceed, $750,000. The town will carryforward the budget from last year during the first supplemental scheduled first reading for March 14th 46 AGENDA ITEM NO. 5.5 Item Cover Page DATE:March 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Letter of Support for Eagle County First Responder Regional Technology Enhancement Project SUGGESTED ACTION:Approve, approve with amendments, or deny letter of support. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CADRMSletter.docx 47 March 2, 2023 The Honorable John Hickenlooper The Honorable Michael Bennet The Honorable Joe Neguse United States Senator United States Senator United States Congressman 374 Russell Senate Building 261 Russell Senate Building 2400 Rayburn House Building Washington, DC 20510 Washington, DC 20510 Washington, DC 20515 RE: The Town of Vail supports the Eagle County First Responder Regional Technology Enhancement Project Dear Senator John Hickenlooper, Senator Michael Bennet, and Representative Joe Neguse: I am writing to express my enthusiastic support for our joint application with the Town of Avon for a $1,000,000 in Congressionally Directed Spending funds under the Department of Justice “COPS Tech” account with a $1,000,000 local match. The Town of Vail will upgrade the Record Management System (RMS), Computer Aided Dispatch (CAD) System, and Jail Management System. The Vail Public Safety Communications Center (VPSCC) and public safety partners will integrate and deploy the three systems, which will significantly improve the efficiency, transparency, response times public safety agencies. Vail oversees the VPSCC for the following agencies in Eagle County: Avon Police Department; Eagle County Airport Fire Department; Eagle County Paramedic Services; Eagle County Sheriff’s Office; Eagle Police Department; Eagle River Fire Protection District; Greater Eagle Fire Protection District; Gypsum Fire Protection District; Rock Creek Volunteer Fire Department; Vail Fire and Emergency Services; Vail Police Department; and Eagle River Water and Sanitation District. All 12 of these agencies fully support upgrading to the new systems and there are sufficient reserves in the VPSCC budget to cover the local match. The Town of Vail supports the Eagle County First Responder Regional Technology Enhancement Project because: it will exponentially increase the efficiency of police officers in the field by allowing an officer to create one police report from the original dispatch record; the current three systems are over 20 years old and no longer meet best management practices for public safety agencies; the new system will save police officer time and increase transparency in ticket writing through an integrated E-citations system; the enhanced systems will allow law enforcement agencies to comply with the accountability requirements of Colorado State Senate Bill 2020-217 and House Bill 2021-1250 regarding tracking the ethnicity of police contacts from traffic stops, proactive contacts and response to 911 calls;it will allow agencies in Eagle County to share arrest records with the Colorado Information Sharing Consortium, a statewide reporting system, which will increase public safety throughout Colorado; the project will allow both the Eagle County District Attorney’s Office and the Eagle County Jail to use the same record data management system and the original report that was produced by dispatch from a 911 call, 48 Town of Vail Page 2 integrating the entire public safety system from first contact, to arrest, trial and jail if necessary; the new integrated systems will allow police, fire and water districts to better track resources on natural disasters such as wildland fires and municipal water emergencies for federal FEMA reporting. The Town of Vail is ready to be engaged and supportive of the Eagle County First Responder Regional Technology Enhancement Project. We commit to providing staff or in-kind resources to the regional project to select a system that will work for all our partners, and we will contribute Vail’s share of the local match necessary to competitively procure and implement the new records system. Please give our joint application the highest consideration. Thank you. Sincerely, Kim Langmaid, Mayor, Town of Vail 49 AGENDA ITEM NO. 6.1 Item Cover Page DATE:March 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Council Status Update SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 230307 Matters.docx 50 COUNCIL MATTERS Status Report Report for March 7, 2023 o Review of vacant lots north of I-70: On Feb 21, Town Council directed staff to revisit the town’s Open Land’s Plan for opportunities to further protect open space. Kristen Bertuglia, the town’s Environmental Director will pull together an internal team to work on this project and come back to Council with options. o Spanish option for town information: On Feb. 21, Town Council directed staff to pursue translation of town information, whether on our website or our social media outlets. Russ Forrest, Town Manager and Kris Widlak, Community Relations Director will return with options and associated costs and timing. o Single Use Water Bottles: On Feb. 21,Town Council directed staff to look into ways to reduce the use of single-use plastic water bottles in town, citing frequent purchase of cases of water by out of town guests, etc. Solutions suggested include working with lodging partners and a marketing campaign about the quality tap water in Vail. Kristen Bertuglia, Environmental Director will return with a matrix of policies implemented in other communities and options for Town Council to consider, including restrictions on single-use plastics. Social Media Tracking Town of Vail parking got hit hard with the story regarding lost revenues at the parking structure, with comments mostly coming from the Vail Daily Facebook post. The most popular message from Town of Vail channels was a post about giving Public Works space to clear snow, it reached over 163,000 impressions. Here is the general link: https://share.sproutsocial.com/view/f8fa7234-863a-4486-ba72- 34863a4486fd Parking related content link: https://share.sproutsocial.com/view/b02c5d57-1da6-4ed7- ac5d-571da61ed70c 51 To make the most of Sprout Listening, here are two tips – 1.Under the “Performance” tab, scroll down to sentiment summary and click on the gear icon to toggle the setting to show messages tagged as “Neutral” rather than just “Positive” or “Negative” 2.Under the “Themes” tab scroll down to “Top Messages” and toggle between how the messages are sorted to see top messages by various metrics. Scroll below the first three messages and press “Show More” to see further examples. In the News______________________________________________________ Feb. 17 Housing Sweet Spot https://www.vaildaily.com/news/how-the-passage-of-a-colorado-bill-could-bring-workforce- housing-to-dowd-junction/ Community Conversation https://www.realvail.com/community-conversation-on-accessing-mental-health-emergency- services-in-eagle-county/a15496/ 52 Feb. 18 Gas in Gore Creek https://www.vaildaily.com/news/vail-fire-responds-to-small-gas-spill-in-gore-creek-in-west-vail/ Feb. 20 Affordable housing https://www.businessinsider.com/vail-colorado-affordable-housing-employees-2023-2 Feb. 21 Safety First for Pedestrians https://www.vaildaily.com/news/vail-plots-pedestrian-safety-improvements-in-highly-trafficked- areas/ Henninger Retirement https://www.snowindustrynews.com/articles/vail-police-chief-henninger-retiring Inaugural Après at the Amp https://www.jambase.com/article/apres-at-the-amp-2023-lineup-bringing-polo-pan-big-gigantic Housing in Resort Communities https://urbanland.uli.org/industry-sectors/residential/creating-attainable-housing-for-the- workforce-in-resort-communities/ Feb. 22 Parking Credit Card Machine - front page https://www.vaildaily.com/news/vail-estimates-revenue-loss-of-50000-after-parking-system- goes-down/ https://kdvr.com/video/vail-loses-thousands-during-parking-outage/8412928/ https://snowbrains.com/town-of-vail-co-loses-50000-in-revenue-in-6-hours-when-parking- system-fails/ https://unofficialnetworks.com/2023/02/22/vail-reports-50000-revenue-loss/ TOV vs. Greg Moffat/TIGA https://www.vaildaily.com/news/judge-issues-judgments-in-favor-of-vail-in-dispute-with-former- town-council-member-greg-moffet-advertising-firm/ Feb. 23 Parking for VRD events - letter 53 https://www.vaildaily.com/opinion/letter-its-not-nickels-and-dimes-anymore/ I-70 lights - letter https://www.vaildaily.com/opinion/letter-why-isnt-i-70-fully-lit/ Feb. 24 Magic on the slopes - NBS https://www.nytimes.com/2023/02/24/travel/african-american-skiers-snowboarders-vail.html Swatting Incident https://www.vaildaily.com/news/red-sandstone-elementary-among-colorado-schools-to-receive- threat-on-wednesday/ Traffic snarls in Vail https://www.vaildaily.com/news/interstate-70-eastbound-closed-over-vail-pass/ Feb. 25 Post Office visit? https://www.vaildaily.com/news/bennet-hickenlooper-invite-postal-service-leadership-to-witness- challenges-first-hand/ Tiga trial date vacated https://www.vaildaily.com/news/court-vacates-town-of-vail-jury-trial-against-moffet-tiga- advertising/ Feb. 26 Narcan, fentanyl test strips https://www.vaildaily.com/news/eagle-county-gets-a-boost-from-the-state-in-the-fight-against- drug-overdoses/ Feb. 27 Board vacancies https://www.vaildaily.com/news/vail-seeks-community-members-to-fill-board-vacancies/ Solve valley problems with AI - column https://www.vaildaily.com/opinion/carnes-solving-happy-valleys-problems-with-ai/ 54 Feb. 28 Housing shortage due to pandemic https://dailyyonder.com/pandemic-exacerbates-affordable-housing-shortage-in-colorado-ski- towns/2023/02/28/ March 1 Busiest parking day so far https://www.vaildaily.com/news/busiest-day-in-vail-so-far-this-season-comes-on-saturday- according-to-car-count/ Upcoming Events o Community Meeting – Mar 28 o Mar 31 – Ski with Elected Officials in Vail o June 5-8 - *tentative dates for visit from St. Anton officials 55 AGENDA ITEM NO. 6.2 Item Cover Page DATE:March 7, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Vail Town Council Priority Goals for 2023 SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Priority Vail Town Council Goals for 2023.pdf 56 PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023 PRIORITY CATEGORY ISSUE STATEMENT GOALS NEXT STEPS WHO 1 Housing A severe lack of affordable housing in the Eagle Valley and Vail specifically is threatening our ability to attract and retain employees to support our economy and community. The Town of Vail will acquire 1,000 additional resident housing deed restrictions by the year 2027 as compared to 2017. By October 1, 2023: 1.Complete the Residences at Main Vail. 2.Initiate the entitlement process for the Timber Ridge and West Middle Creek housing developments. 3.Acquire the East Vail CDOT parcel and initiate the design process. 4.Initiate the acquisition process for one additional parcel of land to create a significant regional housing development. 1.5. Amend the commercial linkage requirements and adopt residential linkage 1. Execute management agreement with RMV property manager. 2. Develop a Letter of Intent with Timber Ridge Developer. 3. Complete conceptual site planning for West Middle Creek. 4. Acquire East Vail CDOT parcel. 5. Work with institutional partners to acquire a significant regional housing site. Housing Director lead, supported by Town Manager & Deputy Manager, Finance Dept, Public Works, Com Dev 2 Civic Hub and Town Hall The Town has $36 million to utilize on public uses in Lionshead, which could be used for the implementation of the Civic Hub Plan and which must be spent by 2030. Dobson Ice Rink's building systems are failing and need replacement. The Town Hall offices at 75 S. Frontage Rd are at the end of their useful life and either require an investment to renovate or they need to be replaced. By November 1, 2023: 1.Determine a program, budget, and critical path to renovate Dobson Ice Arena so that it will continue to serve Vail for another 40 to 50 years. 2.Determine whether to renovate or relocate Town of Vail offices and if relocated determine best location(s), a budget, and a timeline for relocation or renovation. Note: The Town Manager would request that he be able to work with cultural arts interests to further refine the conceptual design and programs for community uses in addition to Dobson and town offices on the hub site 1. Execute design contract with Populous (recommended design team for Dobson). 2. Develop alternative scenarios for locating and/or refurbishing Town offices and provide recommendations to Town Council. 3. (Recommended additional task): Facilitate a discussion on high priority cultural/community uses and how they can be finically sustained over time and bring forward recommendations to the Town Council. Public Works Director - Dobson/ Town Manager & Com Dev Director 3 Excellent Customer Service The Town of Vail has the vison of being the premier mountain resort community in the world which requires providing a consistent and excellent customer service for our residents and guests. At this time the Town does not have organizational goals or metrics for the customer service we provide. Providing excellent service requires defining excellent service and creating a working environment that supports organizational effectiveness in providing excellent customer service. By November 1, 2023: 1.Create a clear definition for providing excellent customer service to our residents and guests for town services and a means of measuring to what degree we are providing excellent customer service. 1.2. Identify and implement metrics for objectively measuring organizational effectiveness and health so that a baseline is developed which can be improved on in future years. Work with leadership team to develop customer service goals and metrics. Town Manager and Leadership Team 4 Land Use Regulations Support Town Goals The Town directly influences retaining and creating affordable housing through its land use code. Municipalities can incent and prevent the creation of affordable housing through its land use code. Also simply improving the efficiency of the development review process to ensure quality development which meets the Towns standards while reducing process time reduces cost for both public and private projects. A periodic review of the land use is a recommended best management practice. By November 1, 2023: Review and analyze Title 12 Zoning, the Official Zoning Map, Title 14 Development Standards, and other pertinent land use policy language including the Town of Vail Comprehensive Plan. Bring forward recommendations for amendments to help foster the creation of affordable housing and improved efficiency of the development review process. 1.Meet with stakeholders (builders, developers, community members, PEC, DRB) and request feedback. 2.Review existing land use code and develop recommendations to achieve this goal. 3.3. Provide recommendations to PEC and Council for consideration and adoption. Community Development Director, Public Works Director, Fire Chief 57 Vail Town Council Action Plan PROJECT MILESTONE UPDATES POINT of CONTACT CO M M U N I T Y West Vail Master Plan Implementation •Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP. May 2022 – April 2023. Update to Council on March 21, 2023. •Phase 2, West Vail Center: Implementation of recommendations in Chapter 2, WVMP. May 2023 – Sept. 2023. Update to Council May 15, 2023. •Phase 3, Transportation & Mobility: Implement recommendations in Chapter 4, WVMP. Coordinate implementation timeline in context of town-wide Transportation Master Plan. Matt Gennett, Community Development Director Timber Ridge Apartments Redevelopment •Aug. 1, 2023 Updated market study, design development, and entitlement approval process to redevelop Timber Ridge Village Apartments. •Spring 2024 Construction begins. •Feb. 1 – Apr. 1, 2025 New units expected to be completed and available for phased occupancy. George Ruther, Director of Housing Ford Park Master Plan Amendments Ford Park Master Plan Amendments Todd Oppenheimer, Capital Projects Manager Short Term Rental Policy Amendments Jan. 1, 2023 Effective implementation date of Ordinance No. 11, Series of 2022. Feb. 28, 2023 STR license renewal deadline. Carlie Smith, Finance Director Early Childhood Initiatives Funding in 2023 ($250,000) for Council supported areas including: •Community Tuition Assistance - ongoing grants for incomes below 450% of federal poverty •Workforce Retention – grants to 2 programs for 2023 •Expansion and Sustainability of ECE programs –infant subsidy and facility/lease support –pursuing expansion opportunities via in-home and/or new spaces •Capital support – facility maintenance support ongoing & future capital support TBD Krista Miller, Human Resources Director Cultural Heritage Preservation & Programs 2023 budget is $25,000. •February 7 - Resolution establishing process for the Naming or Commemoration of town-owned properties. Tabled to a future date to allow CHC to provide information to Council on two different paths for naming: buildings vs. individuals. Further information will be provided at CHC meeting March 8. •Partner on Trailblazer Award process. •Continued work in 2023: Summervail Archives (virtual meeting with Summervail Board, EVLD & VPL on February 21; Vail Valley Voices; Library's 40th Anniversary. Eagle County celebrates 140 years on February 11. •CHC website in need of updates. Lori A. Barnes, Library Services Director Permanent Location for Children’s Garden of Learning Lease at temporary location expires 2026 or earlier pending 180 days’ notice. Kathleen Halloran, Deputy Town Manager 58 Wildland Urban Interface Code Amendments •Spring 2023 Town Council update on 2022 Fire Free Five grant program. •April-October 2023 Implement 2023 Fire Free Five grant program. •Fall 2023 Fire Free Five code adoption consideration. Mark Novak, Fire Chief EN V I R O N M E N T USFS Booth Creek Fuels Reduction Project •Winter-Spring 2023 USFS posted MRDG for comment, may result in second comment period on draft EA •Spring -Fall 2023 USFS Record of Decision. •Winter 2023/2024 Identify costs/funding based upon EA. •2024-2030 Implementation - timeline is variable due to external factors. Mark Novak, Fire Chief Identify Alternative Fuel Solutions 2022 - First boiler replacement operational. Collecting data on usage. Kristen Bertuglia, Environmental Sustainability Director Sustainable Strategic Plan Jan. – Dec. 2023 Kristen Bertuglia, Environmental Sustainability Director Wildlife Crossing at Dowd Junction Feasibility and design RFP in 2023 to identify additional crossing opportunities in addition to Dowd. Kristen Bertuglia, Environmental Sustainability Director Global Friendship | Peer Resort Exchange Programming Ongoing Mia Vlaar, Economic Development Director. Kristen Bertuglia, Environmental Sustainability Director Cultural Heritage Preservation & Programs Summer 2022 - Funding recommendations to Town Council for 2023 budget. Lori A. Barnes, Director of Library Services Open Lands Plan 2022-2028 - Biodiversity study to kick off in late summer 2022. Kristen Bertuglia, Environmental Sustainability Director Building Code Regs & Climate Action Plan Implementation May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness 2023. Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program. Matt Gennett, Community Development Director EC O N O M Y 2.Dobson and Civic Area Plan Implementation Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson & determine location for Town Hall services. 4.Zoning Review 2022 - First boiler replacement. Matt Gennett, Community Development Director Special Events Funding Model Alternatives Initiative Aug. 2022 - Adoption of new model by Vail Town Council Mia Vlaar, Economic Development Director Destination Stewardship Plan -Steward Vail Dec. 2022 - Adoption of plan by Vail Town Council. Mia Vlaar, Economic Development Director 59 Next Steps for TIF Funding Estimated funds available between 2022 and 2030 total between $35 - $41 million. Timeline: 3 - 5 years Currently working with architect/design firm to develop a high-level cost estimate for Dobson Ice Arena renovations. Kathleen Halloran, Deputy Town Manager Economic Development Strategic Plan Update Jan. – Dec. 2023. Mia Vlaar, Economic Development Director EX P E R I E N C E 3.Excellent Customer Service By November 1, 2023 achieve the following: •Create a clear definitions of excellent customer service to our residents and guests and a means of measuring to what degree we are providing excellent customer service. •Identify and implement a metric for objectively measuring organizational effectiveness and health so that a baseline is developed which can be improved on in future years. Feb 24 met with RRC as a first step in identifying what metrics we have available using the bi-annual community survey and post-visit guest intercept surveys. Kathleen Halloran, Deputy Town Manager Go Vail 2045 – Vail Mobility & Transportation Master Plan July 2022 – May 2024. Tom Kassmel, Town Engineer Public Works Shops Expansion and Access Improvements March 2021 – June 2022. - Access Improvements Timeline TBD. Greg Hall, Public Works Director E-Vail Courier Implementation Oct. 1, 2022 - Full implementation began. Ryan Kenney, Police Commander Regional Transportation Ballot measure passed in Nov. 2022 Public Parking Initiatives New parking rates and passes were implemented at the start of the 2022/23 winter season Greg Hall, Public Works Director Guest Experience Initiatives Winter season activation and summer season activation 2023. Mia Vlaar, Economic Development Director 60 AGENDA ITEM NO. 7.1 Item Cover Page DATE:March 7, 2023 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Request for Mountain Towns 2030 Conference Funding SUGGESTED ACTION:Approve to sponsor the Mountain Towns 2023 conference in an amount not to exceed $50,000, which would be included in the March supplemental budget request for Town Council’s approval at a later date. PRESENTER(S):Mia Vlaar, Director of Economic Development VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - Mtn Town 2030.docx 61 To:Vail Town Council From:Economic Development Department Date:March 7, 2023 Subject:Request for Mountain Towns 2030 Conference Funding I.SUMMARY The Mountain Towns 2030 Climate Solutions Summit is the annual gathering of key stakeholders from mountain and outdoor communities: local government, elected officials, sustainability teams, ski resorts, business and community leaders all working together to explore and implement bold ideas to meet the zero carbon commitment as outlined below. The collaborative format features inspirational keynotes and business voices and offer workshops that put ideas into tangible action. Town of Vail goals are closely aligned to those of the Mountain Towns collaborative: 1. Addressing climate change at the speed and scale that it demands by committing to achieve net zero carbon emissions by 2030. 2. Implementing an inclusive and resilient long-term climate plan that engages diverse voices, to ensure that it benefits all citizens equitably. 3. Collaborating with other community leaders to build our collective capacity; scaling the right solutions that grow our local economies, protect public health and create a sustainable carbon-free future for all. II.BACKGROUND The summit was held in Breckenridge in 2022. The organizers are interested in hosting the conference in Eagle County in 2023, and have requested a sponsorship contribution from the host destination that includes a cash contribution and in kind services and venues (accommodations and meeting space). This component would require further negotiations. At this moment in time, significant momentum exists in the sustainability arena that would engage regional support for hosting and sponsoring this important gathering. Conversations have occurred regionally indicating support in cash contributions to support the event in Eagle County. 62 Town of Vail Page 2 With the pending adoption of Vail’s Stewardship Roadmap, the time is right to host a conference that garners regional, state, national and international attention. Vail should step forward along with other regional partners to host and sponsor this important conference. The conference provided a budget of approximately $300,000 to host the event. A collaborative approach to offsetting the cost of hosting in Vail could address the needs of the organizers while providing Vail an exceptional opportunity to highlight. III.STAFF RECOMMENDATION This is a unique and opportune time to embrace and forward the objectives of the Mountain Towns collaborative, which are strongly aligned with the goals of Vail’s Stewardship RoadMap. With a collaborative approach, the town could provide an exceptional platform to support and prioritize the objectives of the Mountain Towns collaborative. IV.ACTION REQUESTED OF COUNCIL With council approval, the action to sponsor the Mountain Towns 2023 conference in an amount not to exceed $50,000 would be included in the March supplemental budget request for Town Council’s approval at a later date. 63 AGENDA ITEM NO. 7.2 Item Cover Page DATE:March 7, 2023 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 5, Series of 2023, First Reading, An Ordinance Adding a New Chapter 15 to Title 4 of the Vail Town Code, to Regulate Private Security Guards and Private Security Employers SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 5, Series of 2023 upon first reading. PRESENTER(S):Commander Justin Liffick, Vail Police Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Security Ordinance Memo.docx Security Guards-O021523.docx 64 March 7, 2023 To:Vail Town Council Through:Town Manager Russ Forrest Commander Ryan Kenney From:Commander Justin Liffick Subject:Town of Vail Ordinance Regulating Security Guards The State of Colorado does not have a regulatory agency that provides oversight of security companies, security guards, or training requirements for security staff. Large metropolitan areas have created their own regulations to govern security companies and security guards with a good deal of success. Until recently, there has not been any need for these regulations in Vail. The increased presence of armed security personnel in Vail along with several incidents have caused concern for unregulated security. The Vail Police Department is requesting an ordinance for oversight and regulation of security companies that work in Vail. The ordinance would require authorization for security companies and their staff to work within the Town of Vail, establish criteria for training, and regulations for vehicles and uniforms. In addition, valid justification for armed security would need to be submitted and approved. Security companies will be required to submit annual photographs of uniforms, training materials, and vehicles to be used when working events. These requirements will ensure security companies avoid being perceived as law enforcement personnel. The approval of this ordinance will allow the Town to set acceptable standards and regulate how private security is performed in Vail. 65 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX ORDINANCE NO. 5 SERIES 2023 AN ORDINANCE ADDING A NEW CHAPTER 15 TO TITLE 4 OF THE VAIL TOWN CODE, TO REGULATE PRIVATE SECURITY GUARDS AND PRIVATE SECURITY EMPLOYERS WHEREAS, the Town Council of the Town of Vail desires to regulate security guards and private security employers within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Title 4 of the Vail Town Code is hereby amended by the addition of a new Chapter 15, to read as follows: CHAPTER 15 SECURITY GUARDS AND PRIVATE SECURITY EMPLOYERS 4-15-1: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings: BACKGROUND CHECK. A national criminal history records check conducted by the Federal Bureau of Investigation upon submission of fingerprint records and all required documents. BODILY HARM. Physical damage to a person's body for which medical attention was provided, including cuts, burns, disfigurement, concussion, loss of consciousness, or any impairment of physical condition. CONDUCTIVE ENERGY WEAPON. A device capable of temporarily immobilizing a person by the infliction of an electrical charge, including without limitation but not limited to stun guns and tasers. DEPARTMENT. The Vail Police Department. PERSONAL PROTECTIVE SERVICES. A private arrangement where one or more qualified individuals, for a fee or other consideration, provide services to ensure the safety of another specific individual or group who may be exposed to elevated personal risk because of their employment, financial status, associations or fame. PRIVATE SECURITY EMPLOYER. An employer that employs security guards to provide security services in the Town. SECURITY GUARD. A person employed by a private security employer to provide security services in the Town. SECURITY SERVICES. Any of the following activities: (A)Observing, investigating, or reporting unlawful activity; 66 2 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (B)Preventing or detecting theft or misappropriation of goods, money, or other items of value; (C)Protecting individual or property from harm or misappropriation; (D)Taking enforcement action by physically detaining or ejecting persons from premises; or (E)Controlling access to premises. WEAPON. A conductive energy weapon, oleoresin capsicum ("OC") aerosol spray, baton, or any other "dangerous or illegal weapon" as defined by C.R.S. § 18-12-102. 4-15-2: LICENSE REQUIRED: (A)Security guards. It is unlawful for any person to act as a security guard without first obtaining a license as provided by this Chapter. (B)Private security employers. It is unlawful to operate as a private security employer without first obtaining a license as provided by this Chapter. (C)Exceptions. This Chapter shall not apply to: (1)Law enforcement officers while engaged in the performance of their official duties or while engaged in off-duty employment; (2) Personal protective services; (3)An individual while protecting the individual's own property; (4)A Town employee while engaged in the performance of their assigned job duties; or (5)An individual providing guest services, including without limitation a ticket vendor, ticket taker, usher, door attendant, identification checker, parking attendant, traffic controller, crowd monitor, or event staff, if such individual does not: carry a weapon; wear a uniform or clothing readily identifiable by the public as that worn by a security guard or law enforcement officer; have the authority or permission to initiate confrontational activities, including physical contact and the confiscation of property; or have the authority to physically detain or eject persons from the premises. (D)Nontransferable. A license granted pursuant to this Chapter is not transferable. (E)Posting. A private security employer license shall at all times be posted in a conspicuous place in the licensee's principal place of business. 4-15-3: APPLICATION; ISSUANCE: (A)Security guard license. An application for a security guard license shall be filed with the Department on a form provided by the Department. 67 3 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX Every application for a security guard license shall contain all of the following information: (1)The name of the private security employer by whom the applicant will be employed, the address of the employer, the nature of the services to be rendered. (2)A list of any criminal convictions of the applicant, including the date and location of each offense, the nature of the offense and the penalty or punishment imposed. (3)A background check as defined in this Chapter, provided by the applicable private security employer, completed no more than sixty (60) days before the application date. (4)Verification of a successful completion of a basic security guard training program as provided by this Chapter, completed no more than sixty (60) days before the application date. (5)Any additional relevant information required by the Department. (B)Private security employer license. An application for a private security employer license shall be filed with the Department on forms provided by the Department, and shall including all of the following information: (1)The name of the private security employer, the address of its principal place of business, and the name and address of each principal and managing agent. (2)A description of the specific types of services to be offered. (3)A description and photograph of the uniform and badges to be worn by the security guards. (4)A list of any criminal convictions for each principal and managing agent, including the date and location of the offense, the nature of the offense and the penalty or punishment imposed. (5)An affidavit attesting that each of its security guards is duly licensed pursuant to this Chapter. (6)Certificates of insurance demonstrating the minimum insurance coverage as required by this Chapter. (7)Any additional relevant information required by the Department. (C)Grounds for denial. An application for a security guard license or a private security employer license under this Chapter may be denied under the following circumstances: (1)The issuance of a license to the applicant would not comply with any applicable law, rule or regulation. 68 4 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (2)The applicant owes any outstanding fines, assessments, taxes or fees to the Town; (3)The applicant has an outstanding warrant for their arrest. (4)The application contains any fraudulent or false statement or material misrepresentation; (5)The applicant is under eighteen (18) years of age; (6)The applicant has been convicted of or released from incarceration for any felony within five (5) years of the application date; (7)The applicant has been convicted of or released from incarceration for any misdemeanor offense involving fraud, theft, deceit, or misrepresentation within five (5) years of the application date; (8)The applicant has been convicted of or released from incarceration for any offense involving an act of violence against persons or property within five (5) years of the application date, including without limitation, assault, child abuse, and offenses where the underlying factual basis has been found to include any act of domestic violence. (9)The applicant has been previously denied a license under this Chapter or has had a license issued under this Chapter revoked within five (5) years of the application date. (10)The applicant has been convicted of operating without a license required by Chapter or performing any act for which a license is required by this Chapter. (11)The applicant is unable to provide sufficient verification that they are physically and mentally capable of performing security services in a manner that will not jeopardize the public health, safety, or welfare of any person. (12)The applicant's character and reputation show a pattern of conduct or personal history that does not demonstrate honesty, fairness, and respect for the rights of others or for the law. (C)Issuance. Within 30 days of the filing of a complete application, the Department shall issue the license or shall issue a written statement explaining why the license was denied. 4-15-4: SECURITY GUARD LICENSE ENDORSEMENTS: (A)Plainclothes endorsement. (1)A security guard shall not work in plainclothes without first receiving an endorsement from the Department authorizing them to do so. (2)A security guard that intends to seek a plainclothes endorsement shall submit with their initial or renewal application, a letter of request describing why plainclothes are necessary. The request shall: 69 5 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (a)Be documented on the private security employer's letterhead; (b)Describe the nature and context of each business or event for which the applicant seeks plainclothes status, including time and location; and (c)Include an explanation for the necessity of plainclothes status. (3)A plainclothes license endorsement shall be effective only for the times, events and locations identified on the application. A security guard shall provide notice to the Department prior to adding additional times, events or locations to the plainclothes endorsement, no less than seventy-two (72) hours prior to the first time or event. (4)The plainclothes endorsement is associated only with specific private security employer. (B)Firearms endorsement. (1)A security guard shall not carry a firearm while acting as a security guard without first receiving an endorsement from the Department authorizing them to do so. No security guard under twenty-one (21) years of age may carry a firearm while acting as a security guard. (2)A security guard who intends to seek a firearms endorsement shall submit with application a letter of request describing the need to carry a firearm. The request shall: (a)Be documented on the private security employer's letterhead; (b)Include an explanation for the necessity of a firearms endorsement for the security guard; (c)Include a statement from the private security employer stating that they are not aware of any mental, physical, or emotional condition that would disqualify the applicant from possession of a firearm; and (d)Include a statement from the private security employer releasing the Town from any liability related to the request to arm the employee. (3)If the security guard wishes to obtain a plainclothes endorsement in addition to a firearms endorsement, a valid copy of their concealed handgun permit must be included. It is unlawful for a security guard to work in plainclothes and open-carry a firearm while providing security services. (4)A firearms endorsement shall be effective only for the term of the underlying security guard license. (5)A firearms endorsement is associated only with a request related to a specific private security employer. 70 6 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (6)A security guard who has obtained a firearms endorsement shall not carry more than one (1) firearm at any times while providing security services. 4-15-5: PRIVATE SECURITY EMPLOYER LICENSE ENDORSEMENTS: (A)Weapons endorsement. (1)A private security employer shall not provide or otherwise authorize the use of any weapon, without first receiving a weapons endorsement from the Department. (2)A private security employer that intends to seek a weapons endorsement shall submit with its application, a letter of request describing why the weapons are necessary. The request shall: (a)Be documented on the private security employer's letterhead; (b)Identify the types of weapons to be provided or authorized for use; (c)Include an explanation of the necessity of the weapons endorsement, including the name, dates and information related to any public or private event for which the weapons endorsement is requested; (d)Include a statement certifying that all security guards that will be provided or otherwise authorized to use the identified weapons will have successfully completed training specific to said weapons before carrying or using said weapons; and (e)Include a statement from the private security employer releasing the Town from any liability related to the request for a weapons endorsement. (3)A weapons endorsement shall be effective only for the term of the private security employer license. (4)A weapons endorsement shall only be provided for weapons that are approved for use by the Department. The weapons endorsement is associated only with the specific weapons outlined in the request. A private security employer shall not add or modify the weapons it provides or authorizes without prior approval from the Department. (B)Vehicle endorsement. (1)A private security employer shall not authorize the use of vehicles for security services without first receiving a vehicle endorsement from the Department. (2)A private security employer that intends to seek a vehicle endorsement shall submit with its application a written request to use vehicles. The request shall include either photographs or a rendering of 71 7 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX each proposed vehicle design that depicts the front, back, and sides of the vehicle in full color, including any insignias. (3)A vehicle endorsement shall be effective only for the term of the private security employer's license. (4)A vehicle endorsement is associated only with the specific vehicle design disclosed to the Department. 4-15-6: TERM: Unless the license granted pursuant to this Chapter is granted only for a specific public or private event, a license granted under this Chapter shall be valid for a period of one (1) year from the date of issuance, unless suspended or revoked earlier. Any firearm endorsement, plainclothes endorsement, weapons endorsement or vehicle endorsement shall expire at the same time as the license. 14-5-7: RENEWAL: (A)Security guard license. Applications for renewal of a security guard license shall include: (1)A background check completed by the applicable private security employer, no more than sixty (60) days before the renewal application check; (2)Any additional relevant information required by the Department. (B)Private security employer license. Applications for renewal of a private security employer license shall include: (1)An affidavit attesting that each security guard is duly licensed pursuant to this Chapter; (2)Updated certificates of insurance; and (3)Any additional relevant information required by the Department. (C)Grounds for denial. The Department may refuse to renew a license for any of the grounds stated in Section 4-15-3(C). 4-15-8: IDENTIFICATION: (A)Identification card. In addition to a license, each security guard shall be issued an identification card which shall contain, at a minimum, the following information: (1)The license type and license number; (2)The issuance date and expiration date of the license; (3)The name and a recent photograph of the cardholder; (4)A firearm endorsement, if applicable; and 72 8 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (5)A plainclothes endorsement, if applicable. (B)Location. The security guard shall carry the identification card on their person at all times when performing security services, and shall exhibit the card upon request by a law enforcement officer or other Town official. Security guards who have been granted a firearms endorsement shall wear their identification card on the outermost part of their uniform in a clearly visible manner at all times when performing security services; a plainclothes endorsement does not exempt any security guard from this requirement. 4-15-9: TRAINING: (A)Verification. With an application for a security guard license, the applicant shall provide verification of successful completion of at least the basic security guard training program no more than sixty (60) days before the application date. The training verification shall identify, at a minimum, the applicant's name, the courses taken, the number of training hours obtained, the date(s) of training, and the name of the training provider. (B)Basic training program. The basic training program shall include at least sixteen (16) hours with a certified training provider, covering the following topics, at a minimum: (1)Duties of a security guard; (2)Communication procedures and protocol; (3)Interaction with law enforcement; (4)Use of force, including the use of oleoresin capsicum ("OC") aerosol spray; (5)Cardiopulmonary resuscitation; (6)De-escalation training; and (7)Any additional training required by the Department. (C)Annual training. In addition to the basic training program, each security guard shall complete eight (8) hours of annual training with an eligible training provider, covering the topics described in subsection (B) hereof. (D)Weapons training. A private security employer requesting a weapons endorsement shall provide verification that its employees underwent training specific to the weapons used. (E)Training provider certification. Training providers shall be approved in the discretion of the Department. In determining whether to approve a training provider, the Department may consider the following factors: (1)The experience of the trainer, consultant, industry expert, or person providing the training; 73 9 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (2)Whether the trainer has tenure with federal, state, or local law enforcement agencies; (3)Copies of the training provider's lesson plans, curricula, and materials. 4-15-10: INSURANCE: (A)Private security employers shall maintain the following minimum insurance coverages at all times: (1)Workers' compensation and employers' liability insurance as required by law. (2)If vehicles are used to provide security services, automobile liability insurance with a minimum policy limit of five hundred thousand dollars ($500,000). (3)Commercial general liabilityinsurance with a policy limit of two million dollars ($2,000,000) combined single limit for bodily injury and property damage for each occurrence. (B)Notice of any change in insurance shall be provided to the Department within seventy-two (72) hours. The suspension, voiding, nonrenewal, cancellation, or reduction of insurance is cause of automatic suspension of the license until the coverage is reinstated. 4-15-11: INDEMNIFICATION: Each security guard and private security employer licensed under this Chapter shall indemnify and hold harmless the Town and its officers, agents, and employees from all suits, actions, damages, claims or injuries to any person or property due to any act or omission of the licensee, its agents or employees, or due to the failure of the licensee to observe any provision of this Chapter. 4-15-12: UNIFORMS AND BADGES: (A)Unless they hold a plainclothes endorsement provided by this Chapter, all security guards shall wear a uniform while performing security services. All uniforms shall be presented to the Department for approval prior to being issued by any private security employer to any security guards, and upon approval uniforms shall not be changed except with further approval from the Department. (B)The outer uniform shall prominently display the following: (1)A badge or patch containing the words "security", "private security", "security guard", or "guard." (2)A badge, patch, or nametag containing the guard's name. (3)A badge or patch containing the name of the private security employer. 74 10 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (C)It is unlawful for any person, while performing or providing security services, to wear a uniform or badge similar to that worn by any law enforcement agency. (D)It is unlawful for any person to wear or display any badge, insignia, shield, patch, or pattern that indicates or implies that the person is a law enforcement officer. (E)It is unlawful for any person, while performing security services, to wear a uniform or badge that contains the words "police" or "officer." 14-15-13: VEHICLES: (A)All vehicles used for security services shall be approved by the Department, and once determined, shall not be changed without approval from the Department. (B)It is unlawful for any person, while providing or performing security services within the Town, to use or operate any vehicle displaying the word "police" “patrol” or "officer", or displaying any sign, shield, marking, or insignia that indicates or implies that the vehicle is operated by a law enforcement agency. (C)It is unlawful for any person to equip vehicles used to perform security services in any manner resembling any authorized emergency vehicle, including lights or sirens. 4-15-14: WEAPONS: (A)Batons. A private security employer that is permitted to issue batons to its employees shall only be authorized to issue a baton that meets the following specifications: (1)Length: A baton cannot be longer than twenty-six (26) inches either solid or when fully expanded; (2)Diameter: A baton shall be between one (1) inch to one and one quarter (1.25) inches in diameter; (3)Weight: A baton's weight shall be proportional to its size as specified by the manufacturer; (4)Surface: The ends of the baton shall be rounded blunt with no ridged, or sharp edges; (B)Firearms. Security guards may only carry a firearm with a firearms endorsement. A permit to carry a concealed weapon does not constitute the specific authorization required by this Chapter. The authority to carry firearms includes only the time while the security guard is performing security services while in route to or from the place of business. 4-15-15: CONFISCATION OF PROPERTY: (A)A security guard may temporarily confiscate personal property from an individual only if that property constitutes a security risk or otherwise 75 11 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX would endanger the health, safety, and welfare of the persons, property, or premises the security guard is employed to protect. (B)Upon confiscation of property from any individual, a security guard shall make a record of the property and store the property in a manner that will allow the individual to identify and retrieve their property upon exiting the premises or at a later time. 4-15-16: REPORTING REQUIREMENTS: (A)Termination or changes in employment. (1)When the employment of a security guard is terminated for any reason, the private security employer shall notify the Department within seventy-two (72) hours of such termination. (2)When the employment of a security guard is terminated for any reason, the security guard shall notify the Department within seventy- two (72) hours of such termination. (3)Any person changing a place of business or adding an employee shall notify the Department of such fact within seventy-two (72) hours, together with the name and address of the new place of business or new employee. (B)Convictions. If a security guard is convicted of a crime, the security guard shall notify the Department within seventy-two (72) hours of such a conviction. (C)Use of force. When a security guard, while providing security services, uses force that results in bodily harm to another person, the security guard shall immediately notify the Department. (D)Changes to principal or managing agent. A private security employer shall notify the Department of any changes to the named principals or managing agents associated with their license within seventy-two (72) hours. Any new principal or managing agent shall receive approval from the Department before acting as the principal or managing agent. 4-15-17: REVOCATION: If the Department receives notice that a person holding a license or endorsement under this Chapter has violated any provision of this Chapter, the Department may revoke the license or endorsement, following reasonable notice and an opportunity to be heard. Upon revocation, the Department shall provide a written statement explaining the grounds for the revocation. 4-15-18: VIOLATION; PENALTY: (A)Violation: It is unlawful for any person to violate any provision of this Chapter, and each day of violation shall be a separate offense. In addition, the following acts shall be considered violations of this Chapter: 76 12 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX (1)For any security guard to detain and hold any person except when that person commits a criminal offense in the presence of the security guard, and it is unlawful for the security guard to fail to immediately release upon request any such person detained to the Department. (2)For any person to draw or fire a firearm while providing security services, except as allowed by C.R.S. §§ 18-1-704 – 18-1-707. (3)For any person, while performing security services, to possess or be accompanied by a canine or to have a canine within a vehicle used for security services. (4)For a security guard or private security employer to hinder or interfere with any investigation under the jurisdiction of the Department or any other law enforcement agency. (5)For any security guard or private security employer to fail to report immediately to the Department all violations of Town, state, or federal laws, or to fail to cooperate in the investigation of such criminal activity when requested by law enforcement. (6)For any person to represent themselves as a law enforcement officer while providing security services. (B)Penalty. Violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code, which shall be in addition to any other penalties allowed by law, including without limitation revocation of a license or endorsement issued under this Chapter. 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 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 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 77 13 3/2/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@AC090CFF\@BCL@AC090CFF.DOCX shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of March, 2023 and a public hearing for second reading of this Ordinance set for the 21st day of March, 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 21st day of March, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 78 AGENDA ITEM NO. 8.1 Item Cover Page DATE:March 7, 2023 TIME:5 min. SUBMITTED BY:Jamie Leaman-Miller, Community Development ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 2, Series of 2023, Second Reading, An Ordinance Amending Section 12-11-4 of the Vail Town Code Concerning Renovations to Jointly Owned Properties SUGGESTED ACTION:Approve, approve with amendments or deny Ordinance No. 2, Series of 2023 upon second reading. PRESENTER(S):Jamie Leaman-Miller, Planner VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Staff Memorandum - Ordinance No. 2.pdf Ordinance 2, Series of 2023 Amendment Title 12-11-4.pdf Attachment B. Staff Memorandum PEC22-0031_1-9-23.pdf Attachment C. PEC Results 1-9-23.pdf 79 TO: Vail Town Council FROM: Community Development Department DATE: March 7, 2023 SUBJECT: Second reading of Ordinance No. 2, Series of 2023, for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-11-4 Materials To Be Submitted; Procedure, Vail Town Code, to amend joint-property owner requirements regarding renewable energy generation devices and setting forth details in regard thereto. (PEC22-0031) Applicant: Town of Vail Planner: Jamie Leaman-Miller I. SUMMARY The Community Development Department is proposing to update the Vail Town Code to amend joint-property owner requirements regarding renewable energy generation devices. These revisions are meant to update the code to reflect changes in state law. The Planning and Environmental Commission held a public hearing on the proposed Prescribed Regulation Amendment on January 9th, 2023 and recommended approval unanimously. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 2, Series of 2023, on second reading. III. DESCRIPTION OF REQUEST Please see the draft ordinance prepared by the Town’s legal staff included as Attachment A for an understanding of the changes to Section 12-11-4. These changes were recommended by the Town’s legal department to reflect changes in state law. 80 Town of Vail 2 IV. BACKGROUND The Vail Town Code requires any development or construction – including renovations to existing buildings – to be approved by the Design Review Board. If the property in question is owned in common, then all owners must approve the proposed renovations. Vail Town Code § 12-11-4(B)(1)(d). While generally requiring unanimous approval for renovations to any jointly-owned property is well within the Town's authority, this process creates a conflict when applied to the installation of solar or other renewable energy generation devices upon a commonly-owned property. Under Colorado law, any covenant, restriction, or condition that "effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable." C.R.S. § 38-30-168(1)(a). A "renewable energy generation device" includes solar panels or a wind-electric generator. C.R.S. § 38-30-168(1)(b). However, the right to install renewable energy generation devices is not absolute. The prohibition of devices does not apply to: (a) Aesthetic provisions that impose "reasonable restrictions" on the dimension, placement, or external appearance of any renewable energy generation device; (b) Safety requirements imposed by either the building code or any recognized electrical safety standards; or (c) Only in the context of wind-electric generators, reasonable restrictions that reduce interference with the use and enjoyment of adjacent properties. C.R.S. § 38-30-168(2). Additionally, the statute does not grant a property owner the right to install a renewable energy generation device on property that is: owned by another person; leased; collateral for a commercial loan; or a limited or general common element of a common interest community. C.R.S. § 38-30-168(3). V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 2, Series of 2023, on second reading, the Community Development Department recommends the Council pass the following motion: “The Vail Town Council approves, on second reading, Ordinance No. 2, Series of 2023, an ordinance amending Section 12-11-4 Materials To Be Submitted; Procedure, Vail Town Code, to amend joint-property owner requirements regarding renewable energy generation devices and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 2 Series of 2023, the Community Development Department recommends the Council make the following findings : “The Vail Town Council finds:” 81 Town of Vail 3 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VI. ATTACHMENTS A. Ordinance No. 2, Series of 2023 B. Staff Memorandum to PEC, January 9, 2023 C. PEC Minutes, January 9, 2023 82 1 ORDINANCE NO. 2 SERIES 2023 AN ORDINANCE AMENDING SECTION 12-11-4 OF THE VAIL TOWN CODE CONCERNING RENOVATIONS TO JOINTLY OWNED PROPERTIES WHEREAS, C.R.S. § 38-30-168 establishes that covenants that restrict or effectively prohibit the ability of property owners to install renewable energy generation devices upon their property are void and unenforceable; and WHEREAS, Section 12-11-4 of the Vail Town Code allows an owner within a jointly-owned property to prevent other owners from exercising these rights. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-4 of the Vail Town Code is amended to read a s follows: 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: ** * (B)Conceptual Design Review: (1)Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review is shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two- family residences, although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: ** * (d)Application form. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners' association is shall be required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application 83 2 is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended. ** * C.Preliminary and final design review ** * 6.Additional requirements. In addition to the above requirements, the Department of Community Development may require any or all of the following: ** * (l)Form and fee. Application form and appropriate fee. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners' association is shall be required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended. 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 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 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. 84 3 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________, 2023 and a public hearing for second reading of this Ordinance set for the _____day of ______________, 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 85 TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 9, 2023 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-11-4 Materials To Be Submitted; Procedure, Vail Town Code, to amend joint-property owner requirements regarding renewable energy generation devices and setting forth details in regard thereto. (PEC22-0031)    Applicant: Town of Vail Planner: Jamie Leaman-Miller I. SUMMARY The Community Development Department is proposing to update the Vail Town Code to amend joint-property owner requirements regarding renewable energy generation devices. These updates are meant to update the code to reflect changes in state law. II. DESCRIPTION OF REQUEST The Community Development Department is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for amendments to Section 12, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend joint-property owner requirements regarding renewable energy generation devices. These updates were recommended by the Town’s legal department to reflect changes in state law. III. BACKGROUND The Vail Town Code requires any development or construction – including renovations to existing buildings – to be approved by the Design Review Board. If the property in question is owned in common, then all of the owners must approve of the proposed renovations. Vail Town Code § 12-11-4(B)(1)(d). While generally requiring unanimous 86 Town of Vail Page 2 approval for renovations to any jointly-owned property is well within the Town's authority, this process creates a conflict when applied to the installation of solar or other renewable energy generation devices upon a commonly-owned property. Under Colorado law, any covenant, restriction, or condition that "effectively prohibits or restricts the installation or use of a renewable energy generation device is void and unenforceable." C.R.S. § 38-30-168(1)(a). A "renewable energy generation device" includes solar panels or a wind-electric generator. C.R.S. § 38-30-168(1)(b). However, the right to install renewable energy generation devices is not absolute. The prohibition devices does not apply to: (a) Aesthetic provisions that impose "reasonable restrictions" on the dimension, placement, or external appearance of any renewable energy generation device; (b) Safety requirements imposed by either the building code or any recognized electrical safety standards; or (c) Only in the context of wind-electric generators, reasonable restrictions that reduce interference with the use and enjoyment of adjacent properties. C.R.S. § 38-30-168(2). Additionally, the statute does not grant a property owner the right to install a renewable energy generation device on property that is: owned by another person; leased; collateral for a commercial loan; or a limited or general common element of a common interest community. C.R.S. § 38-30-168(3). IV. PROPOSED TEXT AMENDMENT LANGUAGE The applicant proposes the following revisions to Vail Town Code 12-11-4. The strikethrough text is to be removed while the underlined text is to be added. The proposed language is also included in Attachment A. 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: * * * (B) Conceptual Design Review: (1) Submittal Requirements: The owner or authorized agent of any project requiring design approval as prescribed by this chapter may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review is shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two- 87 Town of Vail Page 3 family residences, although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: * * * (d) Application form. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners' association is shall be required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended. * * * C. Preliminary and final design review * * * 6. Additional requirements. In addition to the above requirements, the Department of Community Development may require any or all of the following: * * * (l) Form and fee. Application form and appropriate fee. If the property is owned in common (condominium association) and/or located within a development lot, the written approval of the other property owner, owners or applicable owners' association is shall be required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application is solely for installation of a renewable energy generation device as allowed by C.R.S. § 38-30-168, as amended. 88 Town of Vail Page 4 V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board (DRB) has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application, an evaluation of the application in regard to the criteria and findings outlined by the Town Code, and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and 89 Town of Vail Page 5 harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. VII. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. 90 Town of Vail Page 6 VIII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality”. This text amendment is intended to address changes in state law in order to maintain an accurate municipal code. Staff finds that the proposed text amendment meets this criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will update the Town Code to reflect changes to state law. The changes will not have bearing on development objectives of the Town of Vail. Staff finds that the proposed text amendment meets this criterion. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The proposed text changes are the result of changes made to Colorado Revised Statues which the code, at times, references. The current code section is out of date with the amendments made at the State level, showing that conditions have changed since the adoption of the regulation. The amendment brings the code up to date with applicable statutes. Staff finds that the proposed text amendment meets this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendments will have no effect on the town’s land use regulations or their effectiveness thereof. Staff finds that this criterion is not applicable. 91 Town of Vail Page 7 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendment. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3- 7 Amendment, Vail Town Code to amend Section 12-11-4 Materials To Be Submitted; Procedure, Vail Town Code, to amend joint-property owner requirements regarding renewable energy generation devices and setting forth details in regard thereto. (PEC22- 0031).” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section VIII of the January 9, 2023 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the 92 Town of Vail Page 8 Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." X. ATTACHMENTS A. Draft Ordinance Amendment Title 12-11-4 93 Present:Bobby Lipnick Karen Perez John Rediker Henry Pratt Bill Jensen Brian Judge Absent:Reid Phillips 1.Virtual Link Register to attend the Planning and Environmental Commission meeting. Once registered, you will receive a confirmation email containing information about joining this webinar. 2.Call to Order 3.Main Agenda 3.1 PEC22-0016 - A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend portions of Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code to create the West Vail Multiple Family 1 (WVMF1) and West Vail Multiple Family 2 (WVMF 2) Zone Districts and setting forth details in regard thereto. The Applicant requests this item be tabled to February 27, 2023. Planner: Greg Roy Applicant Name: Town of Vail, represented by SE Group 3.2 PEC22-0029 - A request for a recommendation to the Vail Town Council for a Zone District Boundary Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to establish the boundaries of the West Vail Multiple Family 1 (WVMF1) and West Vail Multiple Family 2 (WVMF2) zone districts and setting forth details in regard thereto. The Applicant requests this item be tabled to February 27, 2023. Planner: Greg Roy Applicant Name: Town of Vail, represented by SE Group Planning and Environmental Commission Minutes Monday, January 9, 2023 1:00 PM Vail Town Council Chambers Brian Judge made a motion to Table to February 27th, 2023; Henry Pratt seconded the motion Passed (6 - 0). Brian Judge made a motion to Table to February 27th, 2023; Henry Pratt seconded the motion Passed (6 - 0). 1 Planning and Environmental Commission Meeting Minutes of January 9, 2023 94 3.3 PEC22-0024 - A request for a review of a variance from Section 14-6-7, Retaining Walls, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code to allow for a retaining wall in excess of three (3) feet within the required front setback and retaining walls in excess of six (6) feet, located at 784 Potato Patch Drive, Lot 15-W, Block 1, Vail/Potato Patch Condominiums, and setting forth details in regard thereto. This application has been withdrawn at the applicant's request . Planner: Jamie Leaman-Miller Applicant Name: Brian Judge and James Calano represented by J+A Architects 3.4 PEC22-0032 A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-3-3 Appeals, to simplify and clarify the procedures for land use appeals and setting forth details in regard thereto. The Applicant requests this item be tabled to January 23, 2023. Planner: Jamie Leaman-Miller Applicant Name: Town of Vail, represented by Matt Gennett Planner: Jamie Leaman-Miller Applicant Name: Town of Vail, represented by Matt Gennett 3.5 PEC22-0031 - A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-11-4 Materials To Be Submitted, Procedure, Vail Town Code, to amend joint-property owner requirements regarding renewable energy generation devices and setting forth details in regard thereto. Planner Leaman-Miller gives a short presentation on the proposed code amendments. The application is proposing to amend Town Code to be in conformance with a revised Colorado State Statute. The change would generally not require joint property owner approval for renewable energy devices in specific circumstances. Rediker has questions on the three exceptions in the State Statute and if the DRB process still applies. Leaman-Miller confirms DRB approval would still be required and this only removes the Joint Property Owner approval requirement in these cases. Rediker asks about the fee, specifically about the ability to require fees as there are changes in the language that remove the word "fee". Bobby Lipnick made a motion to Table to January 23rd, 2023; Karen Perez seconded the motion Passed (6 - 0). Staff Memorandum PEC22-0031 1-9-23.pdf Attachment A. Draft Ordinance Amendment Title 12-11-4.pdf 2 Planning and Environmental Commission Meeting Minutes of January 9, 2023 95 Planner Roy explains that these would be required the same as they are today; it just removes that language from this particular code section. It is still required by section on Design Review Board applications. Pratt asks about the applicability of HOAs and that this is only changing for primary/secondary properties. Planner Leaman-Miller responds that HOAs and other circumstances where the energy generation device is proposed to be installed on commonly owned property the approval would be required. Removing the joint-property approval requirement predominantly impacts duplex properties. Judge asks about the specific language in the staff report that is not verbatim to the CRS language. Leaman-Miller answers that the referenced background section in the memo is included for context, the specific changes to the Vail Town Code are detailed later in the staff memo. The prior sections are a summary of the application. Public comment opened, no comments, public comment closed. Rediker notes that the criteria is being met by the proposed amendments. He agrees with criteria 1-5 as presented in the memo. Lipnick makes a motion with the findings in the staff report. 4.Approval of Minutes 4.1 PEC Results 12-12-22 (Rediker abstains - absent for Dec. 12 meeting) 5.Information Update 6.Adjournment Bobby Lipnick made a motion to Recommend for approval with the findings in the staff memorandum; Karen Perez seconded the motion Passed (6 - 0). PEC Results 12-12-22.pdf Karen Perez made a motion to Approve ; Bill Jensen seconded the motion Passed (5 - 0). Karen Perez made a motion to Adjourn ; Bill Jensen seconded the motion Passed (6 - 0). 3 Planning and Environmental Commission Meeting Minutes of January 9, 2023 96 AGENDA ITEM NO. 8.2 Item Cover Page DATE:March 7, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings SUBJECT:Ordinance 3, Series of 2023, Second Reading, An Ordinance Amending Title 3 of the Vail Town Code by the Addition of a New Chapter 7, Establishing the Building and Fire Code Appeals Board, and Amending Title 10 of the Vail Town Code by the Addition of a New Section 10-1-13, Establishing Procedures for the Appeals Process. SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 3, Series of 2023 upon second reading. PRESENTER(S):CJ Jarecki, Chief Building Official VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Memo_-_Ordinance_3__Series_of_2023__BFCAB.pdf Ordinance 3, Series of 2023 - BFCAB.pdf 97 Town of Vail Page 1 TO: FROM: DATE: Vail Town Council Community Development Department March 7, 2023 SUBJECT: Ordinance No. 3, Series of 2023: Titles 7 and 10 – Building and Fire Code Appeals Board I. SUMMARY The purpose of this memorandum is to provide information to the Vail Town Council regarding the adoption of code language that will formally establish the Building and Fire Code Appeals Board (BFCAB). This Board is tasked with the following: hearing appeals of decisions made by the building official or fire marshal; assisting the building official or fire marshal with code compliance determination of alternative materials, designs and methods of construction, and; serving in an advisory capacity to Town Council on matters relating to building and fire code adoption, compliance, intent, modification, and amendment. The ordinance being presented today is to officially establish the BFCAB and its function. II. BACKGROUND The BFCAB, or some variant of an Appeals Board, has been in existence in the Town for many decades. The codes adopted by the Town, published by the International Code Council, specify that this Board shall be established by the Town. As such, this Board is essential to the successful administration of the adopted codes of the Town. Unfortunately, a search of the current and historical Town Municipal Code and Charter have shown that there is no language provided for the BFCAB or its function. Additionally, language regarding the appeals process was inadvertently deleted from the Vail Town Code during the code adoption that took place in July of 2022. The second part of the ordinance simply puts this language back into the Vail Town Code. 98 Town of Vail Page 2 III.ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 3, Series of 2023 upon second reading. IV.ATTACHMENTS A.Ordinance No. 3, Series of 2023 99 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX ORDINANCE NO. 3 SERIES 2023 AN ORDINANCE AMENDING TITLE 3 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 7, ESTABLISHING THE BUILDING AND FIRE CODE APPEALS BOARD, AND AMENDING TITLE 10 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 10-1-13, ESTABLISHING PROCEDURES FOR THE APPEALS PROCESS. WHEREAS, the Town's adopted building and fire codes require the Town to establish a Board of Appeals; WHEREAS, previously, the section of the Vail Town Code establishing the appeals process for the Building and Fire Code Appeals Board was included in Title 10 but was inadvertently deleted with the latest code adoption; and WHEREAS, the Vail Town Council finds it in the best interest of the public health, safety, and welfare to adopt these amendments to the Vail Town Code. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 3 of the Vail Town Code is hereby amended by the addition of a new Chapter 7, to read as follows: CHAPTER 7 BUILDING AND FIRE CODE APPEALS BOARD 3-7-1: BOARD ESTABLISHED: The Building and Fire Code Appeals Board (the "Board") is hereby established. 3-7-2: POWERS AND DUTIES: A. The Board shall be authorized to: 1. Hear and decide upon appeals of an order, decision, determination, or interpretation made by the Building Official or the Fire Code Official under Section 10-1-13 of this Code. 2. Assist the Building Official and the Fire Code Official with determining code compliance of alternative materials, designs and methods of construction and equipment. 100 2 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX 3. Make recommendations to the Town Council on matters relating to building and fire code adoption, compliance, intent, modification, and amendment. 3-7-3: MEMBERSHIP: A. Appointment. The Board shall consist of seven (7) members, all appointed by the Town Council. In addition, the Building Official and Fire Code Official shall be ex officio members of the Board, but shall have no voting rights, shall not be counted towards a quorum, and shall not participate in any appeal made to the Board. B. Qualifications. Each member shall be qualified by experience, knowledge, and training to pass on matters pertaining to building construction, codes and standards, hazards of fire or fire protection systems, such as: a licensed architect; a licensed engineer with structural, mechanical, electrical, or fire protection engineering experience; a construction company owner, executive, superintendent, or other manager; or any other individual with similar experience, knowledge, and training. No Board member shall be an employee of the Town. C. Terms. The term for each Board member shall be four (4) years, provided that terms be staggered, and shorter terms may be required to maintain the stagger. All terms shall expire on March 31. Section 3-1-1 of this Code shall not apply to this Board. D. Removal. Board members may be removed by the Town Council for inefficiency, neglect of duty, failure to attend meetings, or malfeasance in office; provided that prior to such removal, the Board member shall receive written notice of the charges supporting removal and shall have an opportunity to be heard. E. Vacancies. If a vacancy occurs in the middle of a Board member's term, the Town Council shall appoint a successor to fill the vacancy and the new member shall serve the remainder of the term of the former member. 3-7-5: PROCEDURES: A. The Board shall establish policies and procedures necessary to carry out its duties. The procedures shall not require compliance with strict rules of evidence or procedure but shall mandate that only relevant information be presented. B. The Board shall meet once per month, as necessary. All Board meetings shall comply with the Colorado Open Meetings Law, C.R.S. § 24- 6-401, et seq. 101 3 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX C. The Board shall annually select one of its members to serve as Chair and another to serve as Vice-Chair. The Chair, or in the Chair's absence, the Vice-Chair, shall be the presiding officer at Board meetings. In the absence of both the Chair and the Vice-Chair, the Board members present shall appoint a member to serve as acting Chair at said meeting. D. A quorum of the Board shall be four (4) members. A simple majority of Board members present shall be required for the Board to take any action. E. Any Board member with a conflict of interest related to any matter before the Board shall declare such interest and recuse themselves from any discussion, deliberation or vote on such matter. F. All appeals made to the Board shall be in accordance with Section 10-1-13 of this Code. Section 2. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the addition of the following new Section 10-1-13: 10-1-13: APPEALS: A. Appeal of Building Official or Fire Code Official actions: 1. Authority: The Building and Fire Code Appeals Board (the "Board") shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The Board shall not have the authority to waive any specific requirement of this code. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation by the Building Official or Fire Code Official with respect to the provisions of this Code. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official or Fire Code Official. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of any decision being appealed. Upon the filing of the appeal, the Building Official 102 4 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX shall gather and forward all records concerning the subject matter of the appeal to the Board. ii. The appeal shall be considered by the Board at its next regularly scheduled meeting. iii. The Board may affirm, reverse, or modify the action of the Building Official or Fire Code Official, or schedule a hearing. Failure of the Board to act within fourteen (14) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official or Fire Code Official. iv. If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of fourteen (14) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days. 4. Findings: The Board shall, on all appeals, make findings of fact based on the evidence presented, as to how the requirements of the applicable Code have or have not been met. B. Appeal of Board actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination, or interpretation of the Board. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination, or interpretation of the Board. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination, or interpretation of the Board. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Board’s decision. Upon the filing of the appeal, the Building Official shall gather and forward all records concerning the subject matter of the appeal to the Town Council. ii. The Town Council shall consider the appeal at its next regularly scheduled meeting. iii. The Town Council may confirm, reverse, or modify the action of the Board. 103 5 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX 4. Decision: The Town Council may affirm, reverse, or modify the action of the Board. The Town Council shall make findings of fact based the evidence presented. 5. Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4). Section 3. Effective Date. This Ordinance shall become effective on or after April 1, 2023. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. 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 6. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of February, 2023 and a public hearing for second reading of this Ordinance is set for the 7th day of March, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ 104 6 2/22/2023 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\BUILDING & FIRE CODE APPEALS BOARD\BFCAB ORDINANCE\ORDINANCE 3, SERIES OF 2023 - BFCAB.DOCX Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of March, 2023. _______________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 105 AGENDA ITEM NO. 8.3 Item Cover Page DATE:March 7, 2023 TIME:5 min. SUBMITTED BY:Lauren Noll, Finance ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 4, Series of 2023, Second Reading, An Ordinance of the Vail Town Council Amending Section 4-1-6 of the Vail Town Code to Exempt Certain Businesses from Local Business License Requirements SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 4, Series of 2023 upon second reading. PRESENTER(S):Lauren Noll, Sales Tax Administrator VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Ordinance 4, Series of 2023 Second Reading Memo.pdf Ordinance 4, Series of 2023.pdf 106 Town of Vail Page 1 Memorandum To: Town Council From: Finance Department Date: March 5, 2023 Subject: Ordinance No. 4, Series 2023, an ordinance exempting certain businesses from local business license requirements I. PURPOSE The purpose of Ordinance No. 4, Series 2023 is to amend business licensing exemptions for certain businesses as defined by Title 4, Chapter 1 of the Vail Town Code to comply with Senate Bill 22-032. II. BACKGROUND No changes have been made since the first reading on February 21st. Ordinance No. 4, Series 2023 provides an administrative update to the Town’s sales tax code to comply with Senate Bill 22-032. In April of 2022, SB 22-032 was signed into law with the purpose of simplifying and standardizing local business licensing compliance for retailers that do not have a physical presence or have only incidental physical presence within the local taxing jurisdiction. This bill requires the following: • July 1, 2022: The Town may not charge a fee for a local general business license for a retailer that does not have a physical presence within the Town. • July 1, 2023: The Town is prohibited from requiring the retailer to complete a separate business license application. The Department of Revenue (DOR) is required to collect information from retailers that apply for a state standard business license and provide this information in a monthly report to the Town. The Town will retain the authority to revoke a general business license if a retailer violates Town Code. The bill does not apply to businesses with a physical presence in the Town. III. DISCUSSION In practice the Town of Vail already complies with the requirements of SB 22-032. Businesses without a physical presence in Vail are not charged a fee for a business license and the Town 107 Town of Vail Page 2 does not have a separate application process for these retailers. This practice however is not clearly defined in the Town’s Code. Adoption of Ordinance No. 4, Series 2023 will update the Vail Town Code by defining exempt businesses to comply with SB 22-032 while also formalizing current business licensing practices. This update will have no impact on the Town’s current business licensing processes. IV.ACTION REQUESTED FROM COUNCIL Staff requests that Council approve or approve with amendments Ordinance No. 4, Series 2023 upon 2nd reading. 108 1 3/2/2023 S:\FINANCE\BUDGET\BUDGET 23\TOWN COUNCIL MEMOS\022123 BL ORDINANCE.DOCX ORDINANCE NO. 4 SERIES 2023 AN ORDINANCE OF THE VAIL TOWN COUNCIL AMENDING SECTION 4-1-6 OF THE VAIL TOWN CODE TO EXEMPT CERTAIN BUSINESS FROM LOCAL BUSINESS LICENSE REQUIREMENTS WHEREAS, Senate Bill 22-032 eliminated fees for local business licenses for certain businesses without a physical presence or with only an incidental physical presence in the local taxing jurisdiction; and WHEREAS, the Town desires to amend its business license application process to comply with Senate Bill 22-032. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-1-6 of the Vail Town Code is amended by the addition of the following language: ** * (C)A business that has a state standard retail license and mak es retail sales within the Town, but has no physical presence in the Town, or only has an incidental presence in the Town, shall be exempt from the requirements of this Chapter. 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, cl ause 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 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 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 109 2 3/2/2023 S:\FINANCE\BUDGET\BUDGET 23\TOWN COUNCIL MEMOS\022123 BL ORDINANCE.DOCX shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of February, 2023 and a public hearing for second reading of this Ordinance set for the 7th day of March, 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 7th day of March, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 110