Loading...
HomeMy WebLinkAbout2023-04-18 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.) 1.1 Citizen Participation 2.Any action as a result of executive session 3.Proclamation 3.1 Proclamation No. 4, Series of 2023 National Library Week 5 min. Read Proclamation No. 4, Series of 2023 into the record. Presenter(s): Kim Langmaid, Mayor Background: National Library Week 2023, April 23-29, will be celebrated with the theme "There's More to the Story." 4.Consent Agenda 4.1 March 7, 2023 Town Council Meeting Minutes 4.2 March 21, 2023 Town Council Meeting Minutes 4.3 March 30, 2023 Town Council SPECIAL Meeting Minutes 4.4 Contract Award to 360 Paving for the 2023 Asphalt Overlay Project Authorize the Town Manager to enter into an agreement with 360 Paving not to exceed $515,000, to complete the 2023 Vail Overlay Project on a form approved by the Town Attorney. VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and virtually via Zoom. Zoom Meeting Link: https://us02web.zoom.us/webinar/register/WN_GV-h_xnrRwOTvmv87UaOfA 6:00 PM, April 18, 2023 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. Citizen Participation.pdf NLW_2023_Proclamation.docx 030723 TC Meeting Minutes.pdf 032123 TC Meeting Minutes.pdf 033023 TC Special Meeting Minutes.pdf 1 Background: The Town has budgeted to complete an asphalt overlay project this year on the following streets: Bridge Road, Lupine Drive, Willow Way, Streamside Circle West, Nugget Lane, Glen Falls Lane, and Columbine Drive south of Bighorn Road. 4.5 Contract Award to CREO for Fabrication of Gore Valley Trail Interpretive Installation Direct the Town Manager to enter into a contract approved by the Town Attorney with CREO for the fabrication and delivery of an interpretive installation for an amount not to exceed $199,625. Background: Staff received proposals from four firms for the fabrication and delivery of the Gore Valley Trail interpretive installation as designed by H+R and approved by Vail Art in Public Places, Planning and Environmental Commission, and Town Council. Those firms were BANG! Creative, CREO, Sea Reach, and Vail Valley Welding and Fabrication. A committee of three staff members selected CREO as the preferred candidate citing their experience with the unique fabrication processes involved in the completion of this installation. 4.6 Contract Award to R&H Mechanical and Berich Masonry for Lionshead Snowmelt Repair Authorize the Town Manager to enter into agreements with the following companies not to exceed the respective amounts, on a form approved by the Town Attorney: R&H Mechanical ($450,000) and Berich Masonry ($125,000). Background: Portions of the Lionshead snowmelt system are in need of repair and replacement. The Town has budgeted to complete the repairs this year. 4.7 Increase Funds for Heavy Equipment Purchase Direct the Town staff to increase the HEF budget by $108,500. Which will be added to the second supplemental scheduled this June. This Allows for the Town Manager to approve the purchase for the backhoe and motor grader. Background: Request for additional funding to purchase a backhoe and motor grader that are on the 2023 HEF budget. 5.Town Manager Report (10 min.) 5.1 Town Manager Update 5.2 Council Matters and Status Report council_memo-overlay.docx CREO Professional Services Agreement Attachment A CREO_Gore_Creek_Proposal CouncilMemo4-18-23 (1).docx CouncilMemo 4-18-23 Heavy Equipment Fund Increase.docx Town Manager Update 040423.docx 2 5.3 Vail Town Council Priority Goals for 2023 6.Action Items 6.1 Resolution No. 14, Series of 2023, A Resolution Adopting The Town of Vail's Stewardship Roadmap 30 min. Approve, approve with amendments, or deny Resolution No. 14, Series 2023. Presenter(s): Mia Vlaar, Director of Economic Development and Cathy Ritter, Consultant Background: Please see memo. 6.2 Contract Award with Rocky Mountain Custom Landscapes for the 10th Mountain Division Statue Site Improvements 10 min. Authorize the Town Manager to enter into a contract with Rocky Mountain Custom Landscapes in an amount not to exceed $142,000. Staff will be including a request to add $28,000 to the Art Landscape Enhancements budget as part of the June 2023 Budget Supplemental process for a total project budget of $147,634. Presenter(s): Gregg Barrie, Senior Landscape Architect Background: The purpose of this agenda item is to request an additional $28,000 for the construction of site improvements to the area around the 10th Mountain Division Statue. And, if granted, to approve a contract for the work. 6.3 Recommended Summer 2023 Parking Program 15 min. Approve the Summer 2023 Parking Program as presented. Presenter(s): Greg Hall, Public Works Director, Steph Kashiwa Parking Operations Manager Background: Provide town council the parking recommendation for Summer 2023 Parking Program. 6.4 2023 Ford Park Summer Managed Parking 15 min. Approve the 2022 Ford Park Summer Managed Parking Program. Presenter(s): Greg Hall, Public Works Director, Steph Kashiwa Parking Operations Manager Background: Each spring the summer activities and events calendar is reviewed by the Ford Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley Foundation (GRFA), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountain Science Center (as operators of 230418 Matters.docx Priority Vail Town Council Goals for 2023.docx Council Memo - Vail's Stewardship Roadmap 4-18-2023.pdf Resolution Adopting Vails Stewardship Roadmap Vail's Stewardship Roadmap - Council April 18 2023 FINAL UPDATE.pptx Public Input Stewardship Vail.pdf 10th Mt Statue TC Memo 4-18-23.pdf Council Memo 4.23.doc 3 Vail Nature Center). The proposed managed parking program calendar is attached. 6.5 Ordinance No. 8, Series of 2023, First Reading, An Ordinance of the Town Council of the Town of Vail Amending Section 4-2-4 of the Vail Town Code to Permit Alcoholic Beverage Tastings at Fermented Malt Beverage and Wine Retailers 10 min. Approve, approve with amendments, or deny Ordinance No. 8, Series of 2023 upon first reading. Presenter(s): Matt Mire, Town Attorney Background: On March 1, 2023, Proposition 125 amended the above-mentioned statutory section to add fermented malt beverages and wine retailers to the list of licensees that are permitted to conduct tastings. The Town now desires to amend the Vail Town Code to include fermented malt beverage and wine retailers as licensees that may apply for tastings. 7.Public Hearings 7.1 Ordinance No. 7, Series of 2023, Second Reading, An Ordinance of the Vail Town Council Repealing and Reenacting Section 12-3-3 of the Vail Town Code to Simplify and Clarify the Procedures for Land Use Appeals 5 min. Approve, approve with amendments, or deny Ordinance 7, Series of 2023 upon second reading. Presenter(s): Jamie Leaman-Miller, Planner Background: The purpose of Ordinance 7, Series of 2023 is to amend Section 12-3-3 Appeals, to simplify and clarify the procedures for land use appeals. The existing section will be repealed in its entirety and replaced with the proposed language. 8.Adjournment 7:55pm (estimate) Council Memo - Ford Park User Group 4.23.doc FPUG Calendar 2023.xlsx Public Input Parking.pdf Tastings-O040523.docx Staff Memorandum - Ordinance No. 7, Series of 2023.pdf Ordinance 7 - Series of 2023.pdf Attachment B. Staff_Memorandum_PEC22-0032_3-13-23.pdf Attachment C. PEC_Results_3-13-23.pdf Attachment_D._PEC_Results_1-23-23.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. 4 AGENDA ITEM NO. 1.1 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Citizen Participation AGENDA SECTION:Citizen Participation (10 min.) SUBJECT:Citizen Participation SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Citizen Participation.pdf 5 From:Brenda Golden To:PublicInputTownCouncil Subject:Vail License for Short Term Rentals Date:Monday, April 17, 2023 10:39:51 AM Vail Council, First of all, thank you for your service as I appreciate you trying your best to manage our sweet little town of Vail. I have been a homeowner for 31 years in East Vail and was a full-time resident for 3 years and now a part time resident. I must admit I was a bit shocked to see my Vail license for short term rentals go from $10 last year to $260 this year? A rate increase like that seems a little bit over the top as normally rates go up gradually, and I don’t understand what happened. In addition, there seems to be no differentiation between a multi million dollar home being rented versus a condo being rented in terms of the license rate as everyone pays $260 and I don’t happen to be a billionaire with a 50 million dollar home in Vail. I’m just a working woman who retired from IBM and got an early retirement and moved to Vail in 1992 when Vail was still a small town and worked in a beauty shop in Vail Village because IBM actually paid for me to go to beauty school as part of our retirement package. My guess is that you think if you continue to raise the license rate that you will have more possibilities for employee housing. But in my opinion, that’s not going to happen and having short term rentals has brought a lot of business into Vail for business owners and the mountain as we had a stellar year this past year, in terms of Vacationers. I just wanted to express my opinion and if there’s a particular reason for this huge increase, I would be interested to know what it is. Thank you. Brenda Golden Sent from my iPad 6 7 AGENDA ITEM NO. 3.1 Item Cover Page DATE:April 18, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Proclamation AGENDA SECTION:Proclamation SUBJECT:Proclamation No. 4, Series of 2023 National Library Week SUGGESTED ACTION:Read Proclamation No. 4, Series of 2023 into the record. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: NLW_2023_Proclamation.docx 8 PROCLAMATION NO. 4 SERIES OF 2023 Recognizing National Library Week 2023 “There's More to the Story” WHEREAS,libraries provide the opportunity for everyone to pursue their passions and engage in lifelong learning, allowing them to live their best life; WHEREAS,libraries have long served as trusted institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status; WHEREAS,libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all; WHEREAS,libraries adapt to the ever-changing needs of their communities, continually expanding their collections, services, and partnerships; WHEREAS,libraries play a critical role in the economic vitality of communities by providing internet and technology access, literacy skills, and support for job seekers, small businesses, and entrepreneurs; WHEREAS, libraries are accessible and inclusive places that promote a sense of local connection, advancing understanding, civic engagement, and shared community goals; WHEREAS,libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all; WHEREAS, Tuesday, April 25 is National Library Workers Day, a day for library staff, users, administrators, and Friends groups to recognize the valuable contributions made by all library workers. WHEREAS,libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week; NOW, THEREFORE, the Mayor and Vail Town Council do herby proclaim National Library Week, April 23-29, 2023. During this week, we encourage all residents to visit their library to explore the wealth of resources available. Dated this 18th day of April 2023. Vail Town Council Attest: ___________________________ Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk 9 AGENDA ITEM NO. 4.1 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda SUBJECT:March 7, 2023 Town Council Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 030723 TC Meeting Minutes.pdf 10 Town Council Meeting Minutes of March 7, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, March 7, 2023 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Kevin Foley Pete Seibert Barry Davis Jonathan Staufer Jen Mason Members absent: Travis Coggin, Mayor Pro Tem Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manger Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1. Citizen Participation Rebecca Kanaly, a United Way representative, thanked Council for the possible ownership possibilities at Timber Ridge. Jack Bergey, a Vail resident, expressed his concern that there wasn’t an opportunity at the afternoon meeting for public input during the Vail Stewardship Roadmap discussion, outlined some responses he had regarding the roadmap initiatives, and encouraged homestay opportunities. 2. Any action as a result of executive session There was none. 3. Proclamation 3.1 Proclamation No. 3, Series 2023, One Book, One Valley, 2023 Read Proclamation No. 3, Series 2023 into the record. Presenter(s): Lori Barnes, Director of Library Services 11 Town Council Meeting Minutes of March 7, 2023 Page 2 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 Proclamation No. 3, Series of 2023 was read into the record. 4. Appointments for Boards and Commissions 4.1 Art in Public Places (AIPP) Appointments Presenter(s): Kim Langmaid, Mayor Motion to appoint two members to service on the AIPP for a two-year term ending March 31, 2025. Davis made a motion to appoint Susan Graf and Courtney St. John to be appointed for a two- year term ending on March 31, 2025, Staufer seconded motion passes (6-0). 5. Consent Agenda 5.1 Resolution No. 9, Series of 2023, Approving a 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. Davis made a motion to approve, Staufer seconded motion passed (6-0). 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 12 Town Council Meeting Minutes of March 7, 2023 Page 3 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. Staufer made a motion to approve, Foley seconded motion passed (6-0). 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 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. Mason made a motion to approve, Foley seconded motion passed (6-0). 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. Mason made a motion to approve, Staufer seconded motion passed (6-0). 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 13 Town Council Meeting Minutes of March 7, 2023 Page 4 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. Mason made a motion to approve, Foley seconded motion passed (6-0). 6. Town Manager Report 6.1 Council Matters and Status Report 6.2 Vail Town Council Priority Goals for 2023 There was no additional report. 7. Action Items 7.1 Request for Mountain Towns 2030 Conference Funding Presenter(s): Mia Vlaar, Director of Economic Development 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. 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. Vlaar gave a brief overview of what the Mountain Town Collaborative was and explained Eagle County would like to host the Summit in Vail for 2023. Foley made a motion to approve, Davis seconded motion passed (6-0). 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 Presenter(s): Commander Justin Liffick, Vail Police Department Approve, approve with amendments, or deny Ordinance No. 5, Series of 2023 upon first reading. 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. 14 Town Council Meeting Minutes of March 7, 2023 Page 5 Commander Liffick explained the ordinance addressed concerns the Vail Police Department had with armed private security guards in reference to special events in Vail Village and in the businesses in town. Liffick stated the ordinance would allow the police department to provide oversite and regulations for the armed security officers. Staufer asked if the police department would have enough staff to implement the new criteria, how the change would affect guests that traveled with their own private security and stated he would like to see the number of guns in the villages only be by the police department. Liffick stated it would not be a problem for the police department to implement the proposed changes. The security company would submit a packet and based off what was submitted, the police department would issue an annual permit. The security company would also need to submit a written request on why they should be armed, which the police department would have the ultimate authority to approve or decline the request. Liffick also explained guest with their own private security would be exempt from this process. Seibert asked if the security would remain the same as it was or if the public would see fewer armed security in the future. Liffick answered the police department had reached out to Ace Security and Citadel Security and both companies were in favor of the proposed ordinance and felt there should be some sort of regulation put into place. Public comment was called. Erick Gutierrez, owner of Ace Security, stated he was generally in favor of the ordinance, but thought there needed to be more clarifications throughout the proposed ordinance. Mire suggested he and Commander Liffick meet with Gutierrez to go through the ordinance to identify possible issues for the security company and provide additional clarification regarding the ordinance prior to the second reading. Foley made a motion to approve, Staufer seconded motion passed (6-0). 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 Presenter(s): Jamie Leaman-Miller, Planner Approve, approve with amendments, or deny Ordinance No. 2, Series of 2023 upon second reading. 15 Town Council Meeting Minutes of March 7, 2023 Page 6 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. Matt Gennett, Director of Community Development presented for Lehman-Miller. Gennett stated there were no changes to the proposed ordinance since the first reading. Mire stated for the public that the ordinance was per State law, the Town could not require joint property owner’s signature for solar. Staufer made a motion to approve, Davis seconded motion passed (6-0). 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. Presenter(s): CJ Jarecki, Chief Building Official Approve, approve with amendments, or deny Ordinance No. 3, Series of 2023 upon second reading. 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. Matt Gennett, Director of Community Development, presented for Jarecki. Gennett stated there were no changes to the proposed ordinance since the first reading. Public comment was called. Davis made a motion to approve, Foley seconded motion passed (6-0). 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 Presenter(s): Lauren Noll, Sales Tax Administrator 16 Town Council Meeting Minutes of March 7, 2023 Page 7 Approve, approve with amendments, or deny Ordinance No. 4, Series of 2023 upon second reading. 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. Noll stated there were no changes to the ordinance since first reading. Public comment was called. There was none. Staufer made a motion to approve, Foley seconded motion passed (6-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Davis seconded motion passed (6-0), meeting adjourned at 6:51pm. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Town Clerk 17 AGENDA ITEM NO. 4.2 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda SUBJECT:March 21, 2023 Town Council Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 032123 TC Meeting Minutes.pdf 18 Town Council Meeting Minutes of March 21, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, March 21, 2023 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid . Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Kevin Foley Jen Mason Pete Se ibert Barry Davis Jonathan Staufer Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1.Citizen Participation Robert Truchiet, a Vail resident, asked for code revisions regarding animal control regulations on private property. 2.Any action as a result of executive session There was none. 3.Appointments for Boards and Commissions 3.1 Design Review Board (DRB) Appointments Presenter(s): Kim Langmaid, Mayor Motion to appoint two members to service on the DRB for a two -year term ending March 31, 2025. Coggin made a motion to appoint Rys Olsen and Herbert Roth to serve on the DRB for a two - year term ending on Mach 31, 2025, Mason seconded motion passed (7-0). 3.2 Planning and Environmental Commission (PEC) Appointments Presenter(s): Kim Langmaid, Mayor 19 Town Council Meeting Minutes of March 21, 2023 Page 2 Motion to appoint three members to service on the PEC for a two-year term ending March 31, 2025. Coggin made a motion to appoint Robyn Smith, Brad Hagedorn, and Reid Phillips to serve on the PEC for a two-year te rm ending on March 31, 2025, Davis seconded motion passed (7-0). 4.Consent Agenda 4.1 February 7, 2023 TC Meeting Minutes Foley made a motion to approve, Staufer seconded motion passed (6-0) (Mason abstained due to being absent). 4.2 February 21, 2023 TC Meeting Minutes Davis made a motion to approve, Mason seconded motion passed (7-0). 4.3 Resolution No. 12, Series of 2023, a Resolution Approving an Intergovernmental Agreement between the Town of Vail, Colorado and the Colorado Department of Transportation Regarding Sediment Control Disposal Area on the North Side of Interstate 70 at approximately M.P. 178-179; and Setting forth Details in Regard Thereto Approve, approve with amendments, or deny Resolution No. 12, Series of 2023. Background: The Town and the Colorado Department of Transportation (“CDOT”) wish to enter into an Intergovernmental Agreement (“IGA”) for the construction of a Sand/Dirt Storage Facility on Interstate 70 Right of Way, in the Town Tracts for the purpose of Sand/Dirt storage and to provide aesthetic and noise mitigation to the surrounding neighbors. Davis made a motion to approve, Coggin seconded motion passed (7 -0). 4.4 Contract Approval for 2023 Special Event Sponsorships over $50,000 Authorize the Town Manager to enter into agreements with the following event producers in the respective amounts, on a form approved by the town attorney. The AMP Live Music and Entertainment ($55,000), Vail Dance Festival ($65,000), Mountain Games ($155,000), Bravo! Vail Music Festival ($310,000), Vail Jazz Festival ($90,000), NBS Soul on the Sno w Concert ($125,000), and Vail America Days ($80,000). Background: The following events have been allocated over $50,000 and need council approval to execute these agreements. The AMP Live Music and Entertainment ($55,000), Vail Dance Festival ($65,000), Mountain Games ($155,000), Bravo! Vail Music Festival ($310,000), Vail Jazz Festival ($90,000), NBS Soul on the Snow Concert ($125,000), and Vail America Days ($80,000). Coggin made a motion to approve, Mason seconded motion passed (7-0). 20 Town Council Meeting Minutes of March 21, 2023 Page 3 4.5 Contract Award to Walking Mountains Science Center for Vail Nature Center Operations Authorize the Town Manager to enter into a contract, approved by the Town Attorney, to enter into a Professional Services Agreement with Walking Mountains Science Center in an amount not to exceed $109,373 to operate the Vail Nature Center. Background: The Town of Vail partners with Walking Mountains Science Center through an annual Professional Services Agreement to operate the Vail Nature Center, providing environmental education programs, curricula and experiences to locals and guests alike, from "Pre-K to Gray". WMSC also operates the Vail Hiking Center and helps to maintain the grounds, trails, native plant species, signage, and other duties as they arise. Mason made a motion to approve, Davis seconded motion passed (7 -0). 4.6 Letter of Support for Language Access Federal Fund Portal Approve Letter of Support for Language Access Federal Fund Portal. Background: CMC is finalizing a proposal request for Congressionally Directed Spending (CDS) from the Fund for Improvement of Postsecondary Education (FIPSE) toward increasing language access in rural Colorado mountain communities. The funds would support a new Translation & Interpretation program at CMC in alignment with industry certifications, to develop a workforce of community, medical and legal interpreters and bilingual skilled professionals in our local communities. This proposal also includes a regional assessment of English language acquisition resources in our communities, to better coordinate our resources and build learner bridges to career advancement. Langmaid stated the timeline to approve the letter of support had expired and no vote was needed. Halloran recognized Linda Moore in Court, celebrated her 40th anniversary working for the Town of Vail and Jacque Lova to in Finance, cele brated 45 years. 5. Town Manager Report 5.1 Council Matters and Status Report Forrest requested Council provide a representative on the effort to develop the State Land Board property in Eagle-Vail and explained there were a couple of legislative bills regarding land use that the Town was tracking. Davis volunteered to serve as the Town’s representative. Langmaid reminded Council members that the community meeting was scheduled for March 28, 2023, and ski with elected day was March 31, 2023. 6. Action Items 21 Town Council Meeting Minutes of March 21, 2023 Page 4 6.1 Resolution No. 4, Series of 2023, A Resolution Establishing a Process for the Naming or Commemoration of Town-Owned Properties, including Parks, Plazas. Streets, Buildings and Interior Spaces Presenter(s): Kathleen Halloran, Deputy Town Manager and Lori Barnes, Director of Library Services Approve, approve with amendments, or deny Resolution No. 4, Series of 2023. Background: Since the incorporation of the Town of Vail in 1966, various parks, buildings, plazas, streets, and other landmarks have been named to memorialize the contributions of Vail’s dreamers, builders, trailblazers, and other influences that have drawn upon Vail’s alpine setting and European roots. In anticipation of future opportunities, the following guidelines have been established to not only reflect practices of the past, but to provide a formal structure for future decisions. Halloran explained staff was bringing back Resolution No. 4 , which would establish a process for the naming or commemoration of Town owned properties. Based off citizen input, staff revisited the option for a smaller naming right that could be staff approved instead of going through the proposed process and explained the Culture Heritage Group decided all naming processes should go through Council. Halloran stated the language hadn’t change since the first meeting and clarified the resolution did not preclude any large capital campaigns, but staff would consider that a separate decision for Council to consider on an as needed basis. Davis asked if the dedications listed in the exhibit were tied to a financial gift or were they based off merit. Halloran stated most of the names were not based off financial gift but would confirm. Council members voiced their concerns regarding financial gifts to put a name on a building. Langmaid stated donations in return of dedication would be considered a large capital campaign and was separate from the proposed process in the resolution. Staufer asked if staff would be against adding three citizens of the Cultural Heritage Group to the decision process to make sure the application was properly vetted. Coggin explained the application would go before council and public input would meet that vetting process. Council members expressed they would like to keep the naming rights community based. Davis made a motion to approve, Coggin seconded motion passed (6-1 Staufer opposed). 6.2 Ordinance No. 6, Series of 2023, First Reading, Budget Supplemental No. 1, An Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital 22 Town Council Meeting Minutes of March 21, 2023 Page 5 Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Timber Ridge Fund and Residences at Main Vail Fund of the 2023 Budget for the Town of Vail, Colorado and Authorizing the Said Adjustments as Set Forth Herein; and Setting Forth Details in Regard Thereto Presenter(s): Carlie Smith, Finance Director and Alex Jakubiec, Budget Analyst & STR Manager Approve, approve with amendments, or deny Ordinance No. 6, Series of 2023 upon first reading. Background: Please see the attached memo. Smith gave an overview of the prior year’s financials before allocation of additional funds.  Year end Res ults • Across all funds revenues totaled $101.9M; $95.8M excluded from large one- time grants and reimbursements, up $13.4M from 2021. • Across all funds expenditures totaled $96.7M compared to $182.6M budget.  Most of the difference was due to Capital Projects that were requested to be reappropriated in the first supplemental.  There was a $15.4M in savings. • General Fund: Fund balance was budgeted to add $5.3M to Reserves, added 8.3M back into Reserves.  Total fund balance at the end of 2022 was $53.9M • Capital Project Funds : Fund balance was $41.3M at the end of 2022 but will be utilizing $28.4M of that in 2023. • Real Estate Transfer Tax Fund: Fund balance was at $30 M at the end of 2022 but will be utilizing $22.5M of that in 2023. Foley asked if the $22.5M in the RETT Fund included that $12M budgeted for the Booth Heights property, and that money may not get spent. Smith confirmed the Booth Heights placeholder was the majority of what was being reappropriated. Jakubiec explained the first supplemental would reappropriate funds for capital projects that had started in the previous year or would start in the current year. The supplemental proposed to increase revenues by $8.9M primarily for reappropriated grant funding for projects previously committed to and increase expenditures by $73.3M primarily due to capital projects previously committed to and a la rge placeholder for deed-restricted resale home purchase. Jakubiec outlined the higher supplemental request: 23 Town Council Meeting Minutes of March 21, 2023 Page 6  General Fund • Revenue $1.6M  $337K CRRSA Final Allocations for transit operations  $130K Reappropriated Mountain Safe Program grant  $1.2M ARP grant funding reappropriation • Expenditures $3.1M  Compensation Study Phase II implementation ($1.3M)  Reappropriation for 2nd half of Vail Chapel Contribution ($250K)  Increase town outerwear purchase budget $35K supported by Council  Previously $18.4K additional requested for spares and Fire Department snow pants ($53.4K total)  Mountain Town’s 2023 Conference Sponsorship ($50K)  $1.2M reappropriated ARP fund • Ending Fund Balance $49.5M  Capital Projects Fund • Revenue: $5.6M  $5.6M re-appropriation of reimbursements based on project timing • Expenditures: $28.2M  New requests ($137K)  $32K for additional police body camera equipment, $79K total cost over 3 years.  $35K spare parking system equipment  $15K to purchase 11 AED units for PD Vehicles  $17K for 6 PD safety license plate reader cameras and installation; $15K annual cost after 2023  Re-appropriations ($27.9M):  Electric bus replacement ($9.8M)  Funding transfer to Residences at Main Vail for project costs ($4.9M)  Real Estate purchases for TOV employee housing ($2.25M)  Ladder fire truck under contract, not yet delivered($1.7M)  Municipal building air handling replacement ($1.5M) • Ending Fund Balance: $12.6M Foley asked where the license plate readers would be located and their purpose. Commander Ryan Kenney, Vail Police Department, explained the readers were to help catch vehicles as the came in or left town for investigative purposes. Avon and Vail police department were testing the readers and staff was still doing research to determine if the reader would go on the on or off ramp. Once decided, there would be one reader at each of the on or off ramps.  RETT Fund • Revenue: $441K  $22.5K Bear Education grant 24 Town Council Meeting Minutes of March 21, 2023 Page 7  $55K Eagle County grant for fuel reduction projects  $50K E-bike grant towards county-wide shift bike program • Expenditures: $23.4M  New requests ($653K):  $220K continuation of turf reduction project throughout town  $95K additional funding for Gore Creek signage project due to increased costs  $43.5K Bear Education program, offset by a $22.5K grant from CPW  Reappropriations ($22.6M)  Booth Heights parcel ($12.0M)  Water Quality infrastructure ($1.9M)  Ford Park athletic field restroom/storage building ($1.0M)  Public Art programs and residency studio ($1.2M  Ending Fund Balance: $7.9M Coggin asked for clarification on the Gore Creek signage project. Kristen Bertuglia, Director of Environmental Sustainability, explained the scope of work for the projected hadn’t changed, but the cost of materials from 2021 to the present had significantly increased.  Other Funds • Revenue  Housing Fund- $879K sale of deed -restricted units  Residences at Main Vail- $4.9M funding transfer from the CPF (above and beyond bond proceeds) • New Requests:  Housing Fund- $1.5M placeholder to purchase community buy-down units  Heavy Equipment Fund: $160K to replace two PD vehicles due to accident  Timber Ridge: $32K for additional snow removal • Re-appropriations:  Housing Fund: $7.8M for Housing programs (includes $2.9M for Vail InDeed, $2.65M  for potential purchase of CDOT East Vail Parcel, $2.0M for Residences at Main Vail opportunity fee)  Residences at Main Vail: $14.4M for remaining project costs  Heavy Equipment Fund: $601K for vehicle purchases delayed by supply chain issues Coggin asked for more information regarding the Bear Education Program. Bertuglia explained the grant came from Colorado Parks and Wildlife that went out to communities to reduce human and bear conflict. 25 Town Council Meeting Minutes of March 21, 2023 Page 8 Public was called. There was none. Coggin made a motion to approve, Foley seconded motion passed (7-0). 7. Public Hearings 7.1 Ordinance No. 5, Series of 2023, Second 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 Presenter(s): Commander Justin Liffick, Vail Police Department Approve, approve with amendments, or deny Ordinance No. 5, Series of 2023 upon second reading. 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. Noll explained the ordinance was an update to comply with Senate Bill 22-032, which stated the town may not charge a business license fee for a retailer that does not have a physical presence within the Town of Vail. Commander Liffick explained there were minor changes made since the first reading that included language clarifications and the effective date for the ordinance to go into effect would be June 1, 2023. Public comment was called. Erick Gutierrez, Ace Security, stated he was in support of the ordinance, but would like a few more adjustments made to on the firearm and training requirements, clarifying he would want his people armed if they had the training. Ron Delp, Citadel Security, explained he was not opposed the ordinance but shared concerns that there would be an increase in cost to their clients for the added training. Coggin made a motion to approve, Staufer seconded motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded motion passed (7-0), meet adjourned at 6:49 p.m. Respectfully Submitted, 26 Town Council Meeting Minutes of March 21, 2023 Page 9 Attest: __________________________________ Kim Langmaid, Mayo r ___________________________________ Stephanie Bib bens, Town Clerk 27 AGENDA ITEM NO. 4.3 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda SUBJECT:March 30, 2023 Town Council SPECIAL Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 033023 TC Special Meeting Minutes.pdf 28 Town Council Meeting Minutes of March 30, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, March 30, 2023 10:30 A.M. Vail Town Council Chambers The Special meeting of the Vail Town Council was called to order at approximately 10:30 A.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Kevin Foley Jonathan Staufer Members present virtually: Travis Coggin, Mayor Pro Tem Barry Davis Jen Mason Members absent: Pete Seibert Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Matt Mire, Town Attorney Stephanie Bibbens, Town Clerk 1. Presentation/Discussion 1.1 Discuss SB23-213 Colorado Land Use Bill Presenter(s): Russell Forrest, Town Manager Listen to presentation and provide feedback regarding next steps. Background: A discussion with Town Council regarding a response to the proposed terms of SB23-213, a bill creating land use requirements to address housing needs across the state. Forrest gave an overview of the proposed Colorado Land Use Bill, explained the Colorado Municipal League’s (CML) analysis of the proposed bill, and discussed sending a letter to Governor Polis, outlining areas of concern and support on SB23-213 from Mayor Langmaid and Town Council. Foley made a motion to approve the letter as presented, Staufer seconded motion passed (6-0). There being no further business to come before the council, Staufer moved to adjourn the meeting; Mason seconded motion passed (6-0), meet adjourned at 11:15am. 29 Town Council Meeting Minutes of March 30, 2023 Page 2 Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Stephanie Bibbens, Town Clerk 30 AGENDA ITEM NO. 4.4 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda SUBJECT:Contract Award to 360 Paving for the 2023 Asphalt Overlay Project SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement with 360 Paving not to exceed $515,000, to complete the 2023 Vail Overlay Project on a form approved by the Town Attorney. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: council_memo-overlay.docx 31 To:Town Council From:Public Works Date:04/18/2023 Subject:2023 Vail Overlay Contract Award I.ITEM/TOPIC 2023 Vail Overlay Contract Award II.ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with 360 Paving to complete the 2023 Vail Overlay Project. III.BACKGROUND Staff received 4 bids for the 2023 Vail Overlay Project from 360 Paving, GM Asphalt Repair LLC, United Companies and JARCCO Construction. The project is budgeted with the Capital Street Maintenance budget. Roads included in this year’s asphalt overlay project include Bridge Rd, Lupine Dr, Willow Way, Streamside Cir West, Nugget Ln, Glen Falls Ln, and Columbine Dr south of Bighorn Rd. The project is scheduled to be completed by August 25, 2023. IV.STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 360 Paving to complete the 2023 Vail Overlay Project in the amount not to exceed $515,000.00. 32 AGENDA ITEM NO. 4.5 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Pete Wadden, Environmental Sustainability ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda SUBJECT:Contract Award to CREO for Fabrication of Gore Valley Trail Interpretive Installation SUGGESTED ACTION:Direct the Town Manager to enter into a contract approved by the Town Attorney with CREO for the fabrication and delivery of an interpretive installation for an amount not to exceed $199,625. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CREO Professional Services Agreement Attachment A CREO_Gore_Creek_Proposal 33 1 4/12/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/CREO PSA.DOCX AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this 18th day of April, 2023 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657, (the "Town"), and CREO, an independent contractor with an address of 8330 Maltby Way, Woodinville, WA, 98072 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor $199,625.00. This amount shall include all fees, costs and 34 2 4/12/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/CREO PSA.DOCX expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall invoice the Town monthly for materials fabricated, designs completed, and services rendered in the previous month and shall be paid when those items are completed to the satisfaction of the Town. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. D. Contractor shall at all times comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened rele ase of a Hazardous Material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a Hazardous Material; and the pro tection of human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes of the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, in effect now or anytime hereafter. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all 35 3 4/12/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/CREO PSA.DOCX work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor; provided that Contractor shall have no liability for any work that has been modified by the Town. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that t is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not 36 4 4/12/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/CREO PSA.DOCX contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. 37 5 4/12/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/CREO PSA.DOCX E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, 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 and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement , debt or liability beyond the current fiscal year. L. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics. 38 6 4/12/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/CREO PSA.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Russell Forrest, Town Manager ATTEST: __________________________________ Stephanie Bibbens, Town Clerk CONTRACTOR By: ________________________________ STATE OF WASHINGTON ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2023, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 39 7 4/12/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/CONTRACTS/2023/CREO PSA.DOCX EXHIBIT A SCOPE OF SERVICES See attached proposal and cost estimates 40 Proposal Issued : 02/20/2023 GORE CREEK VALLEY TRAIL EXHIBITS RESPONSE TO RFP To: Pete Wadden, Watershed Specialist Town of Vail Environmental Sustainability Department pwadden@vailgov.com Mark Matthews Director of Exhibits P : 704.604.3277 E : mmatthews@creo-ia.com 41 February 20, 2023 Via email: pwadden@vailgov.com Mr. Pete Wadden Watershed Specialist Town of Vail, Environmental Sustainability Department Vail, Colorado Reference: Fabrication of a Creative, Interactive Interpretive Installation Town of Vail Environmental Sustainability Programs CREO is pleased to present our proposal for the Town of Vail’s Gore Valley Trail Interpretive installation project. As a collaborative provider of creative exterior experiences and elements throughout the country, we believe we are uniquely suited to manage, engineer, produce, and install this unique exhibit. Based just outside of Seattle, CREO is an award-winning, full-service project management and production firm with extensive experience managing and producing the key exhibit elements comprising the Gore Valley project including a variety of exterior graphic outputs, metal sculptural elements, and interactives. Our in-house capabilities include the essential services for the project including project management, detailing and engineering, cost estimating, metalworking, graphics, interactives, lighting and electrical, specialty finishes, and installation. There are three areas we believe that are unique to CREO that make us the best choice for producing this project. ABILITY TO ENGINEER, FABRICATE AND INSTALL COMPLEX EXHIBITS Our Technical Design department is second to none in the industry having detailed and engineered a variety of complex structures for museums, public venues, and other environments ranging from 300’ wide signage on a stadium rooftop to artifact cases cantilevered off facility columns. Having previously engineered, fabricated, and installed similar elements to those represented in the concept design will reduce pre-production time, mitigate risk, and promote a successful installation. PRODUCTION AND INTEGRATION OF GRAPHICS Since our inception in the mid-1980s, CREO has had the opportunity to produce and install nearly every kind of exterior and interior graphics output one can imagine, for virtually every possible venue including state parks, museums, visitor centers, corporate spaces, and public attractions. We have produced several projects comprised on direct-embed graphics and are adept at managing those types of outputs and vendors. Our Graphics Project Manager is highly experienced 42 at managing final artwork, ensuring graphics align with construction drawings, supervising the production of samples and final product, and coordinating the installation of graphic elements. COMPLEX METAL FABRICATIONS Our metal production capabilities include CNC cutting, welding, forming, and finishing interior and exterior structures in a variety of materials including aluminum, steel and stainless. Our metal fabrication specialists work closely with our Technical Design team to ensure the proper approaches to material, fabrication and finishing are considered during the shop drawing process. CREO would welcome the opportunity to join the Gore Valley project team. As supported by our proposal, we believe this project is a great fit for our capabilities, experience, and approach. Our bid is solid, responsible, and trustworthy. Please do not hesitate to contact us if there is any additional information we can provide. We look forward to speaking with you soon. Very truly yours, Mark Matthews Director of CREO Exhibits mmatthews@creo-ia.com 704.604.3277 43 FIRM PROFILE HISTORY CREO Industrial Arts was established in 2006 after the current owners, Patrick Angelel and Jim Storie, purchased Sign Tech, a custom architectural signage company founded in 1986. Patrick and Jim invested in technology and people, enhanced the service and product offerings, and refocused the newly branded company towards more complex architectural signage and environmental graphics projects throughout the U.S. As the projects became more complex and the needs changed, CREO evolved as well. The company’s state-of-the-art metal and graphics expertise were enhanced by expanded carpentry and millwork capabilities, followed by investment in interactive and media resources. The company began to work with regional museums and designers to produce exhibit projects. These expanded offerings and early success supporting museums led to the creation of CREO Exhibits. Since the formation of this division, CREO Exhibits has continued to expand its capabilities and resources which in turn led to more complex museum projects across a broader geographic footprint. We have been fortunate to work with several nationally recognized exhibit design firms in the production of numerous high-profile projects including the Cody Firearms Museum, Bluegrass Music Hall of Fame & Museum, The Mob Museum, the US Olympic and Paralympic Museum and most recently the Bob Dylan Museum. OWNERSHIP CREO Industrial Arts is a privately held Limited Liability Company with offices in Woodinville, WA and Charlotte, NC. Principals include: • Patrick Angelel Principal • Jim Storie Principal CREO Exhibits is a division of CREO Industrial Arts.CREO operates under the management of Co-Owners (Principals) and maintains a permanent staff of 120 employees organized around the following functional departments: Production, Project Management, Engineering, Graphics Production, Warehouse / Logistics, and Administration. We also have a national network of proven freelancers and subcontractors to expand our production capacity as required. 44 FACILITIES • Graphics production • Interactive development & production • Scenic production & specialty treatments • Media hardware & integration • Lighting hardware & integration • Artifact mount-making & mounting • Interior & exterior signage and wayfinding • Metalworking • Woodworking • Acrylics • Finishing • Sculpting & model-making • CNC Routing • 3D Printing • Electrical & UL-certified shop • Site preparation coordination • Shipping, delivery & installation • Finishing • Sculpting & model-making • CNC Routing • 3D Printing • Electrical & UL-certified shop • Site preparation coordination • Shipping, delivery & installation CAPABILITIES CREO operates from a dedicated 60,000 square- foot facility with the requisite space, equipment, infrastructure, and resources to successfully manage and produce the exhibits envisioned for your project This facility is supported by another 60,000 square-foot facility housing our Environmental Graphics & Interiors operation in the same industrial park. CREO’s in-house capabilities include the core services and resources to design, engineer, prototype, fabricate, test, integrate, and install the components represented by exhibit design. • Project management • Architectural coordination • Coordination with contractors, trades, and suppliers • Cost estimating & value engineering • Technical design & engineering • R&D and prototyping • Conservation-approved artifact case construction 45 Amazon Bob Dylan Center Boeing Chihuly Garden and Glass Children’s Museum of Tacoma City of Bremerton City of Owensboro Climate Pledge Arena Cody Firearms Museum Department of the Airforce Google Hill Aerospace Museum LeMay - America’s Car Museum Metro Parks Tacoma Microsoft Museum of Flight National Park Service Nevada Division of State Parks Point Defiance Zoo & Aquarium Puget Sound Energy Smith Tower The Mob Museum T-Mobile US Fish & Wildlife US Olympic and Paralympic Museum WA State Fair WA State Historical Society WA State Parks and Recreation Commission SELECT CLIENTS 46 REFERENCES ICE AGE FOSSILS Mark Brady Nevada Division of State Parks m.brady@parks.nv.gov 775.684.2798 CABQ BIOPARK Erich Ehlert Bradbury Stamm Construction Project Manager eehlert@bradburystamm.com 505.765.1200 ICE AGE FLOODS Sam Wotipka Washington State Parks & Recreation sam.wotipka@parks.wa.gov 360.902.8844 47 Direct Embed Coating Systems, LLC. 280 N. Midland Ave, Building C-1 Saddle Brook, NJ 07663 Contact: Kevin Cherashore Title: Owner/President Ph: (973)569-1111 Ext. 102 Fax: (973)807-1642 URL: www.directembedcoating.com Services: A company that provides a unique and permanent direct embed process for transferring images to a powder coated finish on a range of surface types. As a supporting firm for this project, Direct Embed will process and coat the aluminum panel signage to the specifications described in the RFP scope of work. PARTNERING FIRM 48 Project Manager $120.00 Technical Design Manager $120.00 Technical Designer $108.00 Graphics Production Manager $114.00 Graphics Specialist $108.00 Fabrication Shop Supervisor $114.00 Exhibit Specialist (Fab) $108.00 Exhibit Specialist (Graphics) $108.00 Interactives Specialist $114.00 Installation Supervisor $120.00 Installation Specialist $108.00 STANDARD BILLING RATE(S) RANGE 49 WORK SAMPLES - DIRECT EMBED ALUMINUM PANELS Please see following pages 50 Idaho Falls Zoo Location: Idaho Falls, ID Scope included coordination with general contractor, and production and installation of exterior graphics and powder-coated metal signage components. Approximate cost range: $200,000 - $330,000 51 CABQ BioPark Asia (in progress) Location: Albuquerque, NM Scope included coordination with general contractor, technical planning and coordination of bronze sculpture and site structure integration, and production and installation of exterior graphics and powder-coated metal signage components. Approximate cost range: $1M - $1.2M 52 CABQ BIOPARK - ASIA EXHIBIT Please see sample drawings on following pages. 53 1.0 ELEMENT ID: QTY: LOC: JOB#: PROJECT: ELEMENT LEAD PROJECT MANAGER: DRAWN BY: SUBMITTAL DATE: OF STEVE S. MICHAEL E. DOUG H. / TONY H. CABQ BIOPARK ASIA EXHIBIT 003859 ALBUQUERQUE, NM 3113 1.4 AND 1.5 WILDLIFE TRAFFICKING (1) 15 07/18/2022 34 REVISIONS: 2.0 3.0 4.0 5.0 8329 216TH STREET SE WOODINVILLE, WA 98072 T: 425.775.7444 F: 425.775.2505 WWW.CREOINDUSTRIALARTS.COM 6.0 7.0 8.0 9.0 PAGE: SHEET: SUB: X.400 DETAILS SCALE: DETAIL1 X.300 1 3" = 1'-0"SCALE: DETAIL2 X.301 2 3" = 1'-0" 15 05 (4) PLACES 06 07 EACH SIDE, TYPICAL TYPICAL 04 03 TYPICAL TYPICAL 18 EACH SIDE OF RAFTER 03 EACH SIDE 0102 G H METAL ROOFING, BY OTHERS D A 07 09 EACH SIDE, TYPICAL (2) PLACES06TYPICAL 08(2) PLACES 06 07EACH SIDE, TYPICAL TYPICAL 2 400 SIMILAR 09(2) PLACES 06 07EACH SIDE, TYPICAL TYPICAL E 16 05(4) PLACES 07EACH SIDE, TYPICAL 04 03 D 06 TYPICAL G 18 EACH SIDE OF RAFTER 01 02 03EACH SIDE B SCALE: DETAIL3 X.301 1 3" = 1'-0" H METAL ROOFING, BY OTHERS G 13 14 1-1/2" DIAMETER, 1/2" DEEP POCKET 54 1.0 ELEMENT ID: QTY: LOC: JOB#: PROJECT: ELEMENT LEAD PROJECT MANAGER: DRAWN BY: SUBMITTAL DATE: OF STEVE S. MICHAEL E. DOUG H. / TONY H. CABQ BIOPARK ASIA EXHIBIT 003859 ALBUQUERQUE, NM 3113 1.4 AND 1.5 WILDLIFE TRAFFICKING (1) 20 07/18/2022 34 REVISIONS: 2.0 3.0 4.0 5.0 8329 216TH STREET SE WOODINVILLE, WA 98072 T: 425.775.7444 F: 425.775.2505 WWW.CREOINDUSTRIALARTS.COM 6.0 7.0 8.0 9.0 PAGE: SHEET: SUB: X.420 DETAILS GRAPHIC PANELS SCALE: ELEVATION2 X.001 1 3" = 1'-0" SCALE: PLAN1 X.001 1 3" = 1'-0" PER GRAPHIC SCHEDULE 3" EQUAL BRACKETS BEHIND, TYPICAL 3 420 EQUAL 3 8" GAP TYPICAL 3 8" GAP TYPICAL SCALE: DETAIL3 X.420 2 1' = 1'-0" 3" EQ EQ SCALE: PANEL BRACKET4 X.420 3 6" = 1'-0" AS NEEDED 3 4" 7 8" 13 8" FRONT QTY 8 DRILL 3/16" DIAMETER HOLE, MINIMUM (2) PLACES THIS LEG, MAXIMUM 12" OC Z 1" 1" CL CL 3 4" SECTION 3 16"5 32" CL CL DRILL 1/4" DIAMETER HOLE, MINIMUM (2) PLACES THIS LEG, MAXIMUM 12" OC, COORDINATE WITH STUDS AT BACK OF GRAPHIC PANEL SCALE: FRAME BRACKET5 X.420 3 6" = 1'-0" AS NEEDED 1 2" 1 2" CL 3 8"3 8" FRONT SECTION Y QTY 4 3 4" 3 4" CL 3 4"5 16"3 8" DRILL 1/8" PILOT HOLE, MINIMUM (2) PLACES, MAXIMUM 12" OC 11 2" TYP VARIES 11 2" TYP PER GRAPHIC SCHEDULE 3 8" GAP TYPICAL 3 8" GAP, TYP 11 2" TYP VARIES 11 2" TYP CL 7 8" CL 21 23 (2) PLACES AT EACH BRACKET TYPICAL 22 TYPICAL TYPICAL4 420 DRILL AND TAP FOR 8-32 SCREW, TYPICAL 5 420 DRILL AND BLIND TAP STEEL FRAME FOR 10-24 SCREW 24 TYPICAL 25 TYPICAL AA TYPICAL 55 1.0 ELEMENT ID: QTY: LOC: JOB#: PROJECT: ELEMENT LEAD PROJECT MANAGER: DRAWN BY: SUBMITTAL DATE: OF STEVE S. MICHAEL E. DOUG H. / TONY H. CABQ BIOPARK ASIA EXHIBIT 003859 ALBUQUERQUE, NM 3113 1.4 AND 1.5 WILDLIFE TRAFFICKING (1) 21 07/18/2022 34 REVISIONS: 2.0 3.0 4.0 5.0 8329 216TH STREET SE WOODINVILLE, WA 98072 T: 425.775.7444 F: 425.775.2505 WWW.CREOINDUSTRIALARTS.COM 6.0 7.0 8.0 9.0 PAGE: SHEET: SUB: X.421 DETAILS GRAPHIC PANELS SCALE: NONE (NTS) EXPLODED ISOMETRIC1 X.500 1 (4) PLACES AT EACH PANEL 4 420 21 EACH SIDE1 710 AT EACH FRAME BRACKET 22 (4) PLACES 5 420 TYPICAL 24TYPICAL 25TYPICAL 10-24 STUD ATTACHED TO PANEL BY VENDOR MP-06 TYPICAL 56 1.0 ELEMENT ID: QTY: LOC: JOB#: PROJECT: ELEMENT LEAD PROJECT MANAGER: DRAWN BY: SUBMITTAL DATE: OF STEVE S. MICHAEL E. DOUG H. / TONY H. CABQ BIOPARK ASIA EXHIBIT 003859 ALBUQUERQUE, NM 3113 1.4 AND 1.5 WILDLIFE TRAFFICKING (1) 22 07/18/2022 34 REVISIONS: 2.0 3.0 4.0 5.0 8329 216TH STREET SE WOODINVILLE, WA 98072 T: 425.775.7444 F: 425.775.2505 WWW.CREOINDUSTRIALARTS.COM 6.0 7.0 8.0 9.0 PAGE: SHEET: SUB: X.430 DETAILS SPINNER INTERACTIVES SCALE: ELEVATION2 X.001 1 SCALE: PLAN1 X.001 1 3" = 1'-0" 3" = 1'-0" VARIES - PER GRAPHIC PANEL PLAN PER PLAN 5 8" 5 8" 61 4" EQUAL 61 4"EQUAL 201 2"20 7 16" 6" 1 2" 6" 1 2" 6" 23 32" 127 8" EQUAL EQUAL CL 6" = 1'-0" 2 432 (4) PLACES 1 432 TOP AND BOTTOM 02TOP AND BOTTOM 05 (2) PLACES 04 (2) PLACES 2 433 3 433 3 432 SCALE: EXPLODED ISOMETRIC3 X.001 1 23 32" 61 4" MP-01 MP-01 NOTE: -SEE BOM ON SHEET X.401 FOR SPINNER ELEMENTS ONLY, UNO AT EXPOSED FACES AT EXPOSED FACES 57 1.0 ELEMENT ID: QTY: LOC: JOB#: PROJECT: ELEMENT LEAD PROJECT MANAGER: DRAWN BY: SUBMITTAL DATE: OF STEVE S. MICHAEL E. DOUG H. / TONY H. CABQ BIOPARK ASIA EXHIBIT 003859 ALBUQUERQUE, NM 3113 1.4 AND 1.5 WILDLIFE TRAFFICKING (1) 23 07/18/2022 34 REVISIONS: 2.0 3.0 4.0 5.0 8329 216TH STREET SE WOODINVILLE, WA 98072 T: 425.775.7444 F: 425.775.2505 WWW.CREOINDUSTRIALARTS.COM 6.0 7.0 8.0 9.0 PAGE: SHEET: SUB: X.431 DETAILS SPINNER INTERACTIVES HARDWARE SCHEDULE #DESCRIPTION PART#QTY NOTES 01 D-Profile Rotary Shaft, D-Profile on Both Ends, 303 Stainless Steel, 5/8" Diameter, 36" Long [each]8632T159 MMC 02 Oil-Embedded Flanged Sleeve Bearing for 5/8" Shaft Diameter and 7/8" Housing ID, 1/2" Long [each]6338K427 MMC 03 Epoxy "Green Glue" [Loctite H8100, 50 ml]1056942 Hisco 04 Neodymium Rare Earth Magnet N45 3"x1/2"x1/4" w/ Countersunk Holes on N [each] NB035-45N-N2# 6 CMS Magnetics 05 Neodymium Rare Earth Magnet N45 3"x1/2"x1/4" w/ Countersunk Holes on S [each] NB035-45N-S2# 6 CMS Magnetics 06 6-32 x 1/2" Passivated 18-8 Stainless Steel Phillips Flat Head Screw, 82 Degree Countersink [100ct]91771A148 MMC 07 10-24 x 1/2" Tamper-Resistant Torx Flat Head Screws, 18-8 Stainless Steel [25 ct]91870A242 MMC 08 Aluminum Unthreaded Spacer, 1" OD, 1/2" Long, for 5/8" Screw Size [each]92510A821 MMC 09 1/4"-20 x 1" Passivated 18-8 Stainless Steel Phillips Flat Head Screw, 82 Degree Countersink Angle [50 ct]91771A542 MMC 10 10-24 x 1/4" 18-8 Stainless Steel Cup-Point Set Screw [100 ct]92311A238 MMC 11 10-24 18-8 Stainless Steel Thin Nylon-Insert Locknut [100 ct]90101A011 MMC 12 10-24 x 1" Passivated 18-8 Stainless Steel Pan Head Phillips Screw [50 ct]91772A247 MMC 13 18-8 Stainless Steel Unthreaded Spacer, 1" OD, 1/2" Long, for 5/8" Screw Size [each]92320A269 MMC 01 A 6" = 1'-0"6" = 1'-0" 61 4" 1 8" 6" 1 8" 7 8" 41 4" 7 8" 61 4" 1 8"6"1 8" 7 8"41 4"7 8" 21 4"11 2"21 4" 15 8" 15 8" 21 4" 11 2" 21 4" 6"51 2" CLEAR F MILLED SHAFT END CAP09(2) PLACES, TOP AND BOTTOM 02 TOP AND BOTTOM 07 TYPICAL AA TYPICAL C 4-1/2" LONG, TYPICAL DRILL AND TAP FOR 6-32 SCREW, TYPICAL 06 TYPICAL DRILL AND COUNTERSINK FOR 10-24 SCREW, TYPICAL ADD SPACER AS NEEDED, TYPICAL A B C 02 05 05 04 D TYP 6" LONG, TYPICAL TYPICAL TYPICAL 01 4" 3 4" 3 4" 06 TYPICAL DRILL AND TAP FOR 10-24 SCREW, TYPICAL 10TYPICAL 11 TYPICAL SCALE: SECTION2 X.001 1 SCALE: PLAN / SECTION1 X.001 1 04 NOTE: -BOM SHOWN IN THIS SHEET FOR SPINNER ELEMENTS ONLY MATERIAL SCHEDULE #DESCRIPTION NOTES A 1/4" Aluminum Plate, 6061-T651 [48" x 96"]Coast [14PL61] B 1/2" Aluminum Square Bar, 6061-T6511 [12 ft]Coast [12SQ61] C 3/4" x 3/4" x 1/8" Aluminum Angle, 6061-T6 [16 ft]Coast [343418A63] D 3/4" x 1-1/2" x 1/8" Aluminum Channel, 6063-T52 [16 ft]Coast [3411218C63] E 3/4" Aluminum Plate, 6061-T651 [48" x 96"]Coast [34PL61] 6" 6" 1 2" 1 2" A TYP 08 TYPICAL 12 TYPICAL D 01 20-3/16" LONG 11 TYPICAL DRILL FOR 10-24 SCREW, TYPICAL 23 32" 25 32" 5 16" 53 8" 5 16" 58 WORK SAMPLES - CORTEN AND FAUX-FINISHED STEEL STRUCTURES Please see following pages 59 Ice Age Fossils Visitor Center (in progress) Location: North Las Vegas, NV Scope included developing technical and design drawings, Corten steel structures, AV integration, lighting, tactile models and integration, display cases and plinths, mount making services, and production and installation of mixed media graphics and signage components. Approximate cost range: $910,000 - $940,000 60 MCGREGOR SQUARE Location: Denver, CO Scope included production and installation of brushed, etched, and faux finished steel structures, light integration, and production and installation of mixed media exterior graphics and signage components. Approximate cost range: $1M - $1.4M 61 WORK SAMPLES - UNIQUE METAL WORK Please see following pages 62 Puget Sound Naval Shipyard Memorial Plaza Location: Bremerton, WA Scope included coordination with general contractor, and production and installation of exterior graphics, powder-coated metal structures and bronze cast sculptures. Approximate cost range: $195,000 - $200,000 63 AMGEN CORPORATION Location: Thousand Oaks, CA Scope included coordination with general contractor, and production and installation of exterior graphics. Approximate cost range: $30,000 - $35,000 64 WORK SAMPLES - OUTDOOR INTERACTIVES Please see following pages 65 Ice Age Floods Location: 5 different locations across WA state Scope included development of site plans, graphic proofs, mounting plans, and technical drawings interpretive displays and interactive components in both indoor and exterior environments in five different state parks, and production and installation of exhibit elements. Approximate cost range: $300,000 - $350,000 66 NORTHWEST TREK WILDLIFE PARK Location: Eatonville, WA Scope included coordination with general contractor, and production and installation of exterior graphics, canopy structures, powder- coated metal components, and media interactives. Approximate cost range: $45,000 - $50,000 67 SHOP DRAWINGS Our Technical Designers typically work in AutoCAD, but also have extensive experience in Fusion 360, Rhino, Sketchup Pro, SolidWorks, Premier, and 3-Axis CNC. We rely on the use BlueBeam and Smartsheet for internal reviews and managing documentation. For structures requiring input from a professional engineer or where we desire formal feedback on our drawings, we maintain an active roster of engineering firms licensed throughout the US. Structures such as the suspended mobile, two-story display case and scenic structures are examples where we would engage our professional engineers early in the process. CREO’s Technical Design department is second to none in the industry having detailed and engineered a variety of complex structures for museums, public venues, and other environments ranging from 300’ wide signage on a stadium rooftop to artifact cases cantilevered off facility columns. Supported by our 10-person technical design team, we consider documentation services more than just what our shop requires for fabrication. Our job is to be fully transparent in our details long before the project is in fabrication, setting a clear expectation and understanding of the project scope and how we intend to maintain the design intent. We believe all project participants including clients, designers, architects, and other contractors should be aware of every nut, bolt, material, seam, finish, hardware, interface, etc., and have the opportunity to clearly review and provide feedback for each element before we fabricate. Our typical technical design deliverable is comprised of the following elements: • Cover sheet clearly identifying project, project participants, submittal/revision number, date, author, element lead, item number, etc. • Rendered view of the specific component(s) • Sheet index and schedules for materials, finishes, graphics, etc. • Overall exhibit floor plan with component location for reference • Elevations, sections, and plans • Details • Exploded isometrics • Graphics • Cut files • Electrical / mechanical integration • Installation instructions 68 PRELIMINARY PROJECT MILESTONE SCHEDULE In developing the preliminary project milestone schedule CREO relied on the following assumptions: • Contract execution on March 3, 2023 with a kick-off meeting no later than March 10, 2023 • Shop drawings for balance of Gabion structures will not begin until the Mock-up is reviewed / approved by TOV and H+R • Final production-ready artwork for the Mock-up will be available no later than March 31, 2023 • Lead time for production of direct embed graphic for Mock-up; 8-10 weeks plus shipping time • TOV and H+R review time for samples, shop drawings, and other deliverables of five (5) working days • Shop drawings will be produced and submitted in batches of similar components • Final production-ready artwork for the graphic components (except for Mock-up) will be available no later than June 2, 2023. • Production of direct embed graphics will be scheduled in a single production run and 8-10 weeks of lead time plus shipping time • Virtual shop inspections and progress reports during production • Single delivery of components • Single mobilization for installation; TOV resources mobilized at arrival of components Production of direct embed graphics represents that critical path in the schedule and is driving the interim and overall dates. CREO is open to revisiting any of these assumptions as needed to accommodate requirements by TOV and / or H+R that may result in accelerated schedule. During the kick-off meeting, we will discuss each milestone phase (Mock-up, Shop Drawings, Production, Delivery/Installation) in more detail and are open to exploring modifications to our assumptions and the timeframe before establishing and finalizing the formal project schedule. # If direct embed graphics for Mock-up (8-10 weeks) can be accelerated the overall project schedule can be accelerated dramatically and the objective of a Summer 2023 is achievable. Milestone Phase Start Finish Contract Execution 3.3.23 Project Kick-off Meeting 3.10.23 Mock-up (Shop Drawings) 3.10.23 3.24.23 Mock-up (Shop Drawings Review) 3.27.23 3.31.23 Mock-up (Production / Graphic #) 4.3.23 6.2.23 Mock-up (Review) 6.5.23 6.9.23 Shop Drawings (Batch 1 – Gabions) 6.12.23 6.23.23 Shop Drawings (Batch 1 – Gabions Review) 6.26.23 6.30.23 Shop Drawings (Batch 2 – Rails / Tables / Pylon) 3.10.23 3.31.23 Shop Drawings (Batch 2 – Rails / Tables / Pylon Review) 4.3.23 4.7.23 Shop Drawings (Batch 3 – Tubes / Scopes) 3.27.23 4.14.23 Shop Drawings (Batch 3 – Tubes / Scopes Review) 4.17.23 4.21.23 Shop Drawings (Batch 4 – Corten Sculptures / Other) 3.27.23 4.14.23 Shop Drawings (Batch 4 – Corten Sculptures / Other Review) 4.17.23 4.21.23 69 PRELIMINARY PROJECT MILESTONE SCHEDULE Production (Batch 1 – Gabions) 7.3.23 9.15.23 Production (Batch 2 – Rails / Tables / Pylon) 7.3.23 9.15.23 Production (Batch 3 – Tubes / Scopes) 4.24.23 6.9.23 Production (Batch 4 – Corten Sculptures / Other) 4.24.23 6.9.23 Shipping 9.18.23 9.22.23 Installation (Supervision) 9.25.23 9.29.23 Inspection 9.28.23 9.29.23 Final Acceptance 9.29.23 70 COST PROPOSAL Project Component Assumptions / Clarifications Price Site Supervision Assumes one trip / mobilization. Per bid packet instructions, Creo to provide instruction to Vail Public Works on "how to" install one (1) of each of the elements. No hands-on labor is included. Instruction for each installation will be repeated by the city without Creo supervision assumed. This cost includes travel costs and associated Site Supervision labor hours. $6,732.00 Shipping Shipping for all the completed fabricated elements is included here. Assumes one delivery of all finished components. Includes allownce for Direct Embed shipping. $6,540.00 Mock-up One gabion complete with graphics provided by Direct Embed. Assembled here at Creo for photos, and virtual shop inspection / meeting to view and discuss features. Includes sample rocks being sourced locally of approximate size as specified for final installation. Includes fees from Direct Embed for Art set up, color matching, jig fees and shop drawings. As well as Gabion prototype sample, separate mobilization from full project. We have included 10" x 30" PVC drain pipe with end caps for increased structural durability. Assumes mock-up is selected as a first article and will be used in one of the exhibit areas. $19,687.00 Samples Graphic sample is included from Direct Embed above. Folded design with graphics, one sample only to be sent to Creo for mock-up then Creo to send to client, or vice- versa. Creo to provide powder coated steel samples to client and design firm. Samples will replicate a "corten" color to be used on Gabion mesh, and sighting, spotting scopes. $1,073.00 01 Journey of Gore Creek | East Vail Highway Exit $9,359.00 PM Includes Project Management and Graphics Production Management. Assumes Graphics Production Ready Artwork provided by others. $3,249.00 Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing development for Designer / Client approval, and shop drawings for fabrication. Includes needed cut-file creation for production. $1,842.00 Graphics $4,268.00 Gabion Fabrication Mock-up serves as first article for this area. $0.00 71 COST PROPOSAL Project Component Assumptions / Clarifications Price 02 A Good Neighbor: The Beaver | Beaver Pond $21,015.00 PM Includes Project Management and Graphics Production Management. $3,249.00 Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing development for Designer / Client approval, and shop drawings for fabrication. Includes needed cut-file creation for production. $4,820.00 Graphics $6,061.00 Gabion Fabrication $6,6885.00 03 Diversity Is Health | Ford Park, bridge to Nature Center $18,194.00 PM Includes Project Management and Graphics Production Management. $3,249.00 Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing development for Designer / Client approval, and shop drawings for fabrication. Includes needed cut-file creation for production. $4,874.00 Graphics $2,162.00 Fish Cut-out Corten $853.00 Sighting Tubes with polarized lens TOV has decided to only have sighting tubes at station 3, and those will be mounted. $3,622.00 Pine Martin Cut-out Corten $2,134.00 06 A Year of Change | Between Ford Park and bridge to Vail Village $25,739.00 PM Includes Project Management and Graphics Production Management. $3,249.00 Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing development for Designer / Client approval, and shop drawings for fabrication. Includes needed cut-file creation for production. $9,747.00 Graphics $3,234.00 Corten Pylon $3,219.00 Gobo with Mounting system $6,290.00 72 COST PROPOSAL Project Component Assumptions / Clarifications Price 08 Small but Mighty | Public library $12,027.00 PM Includes Project Management and Graphics Production Management. $3,249.00 Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing development for Designer / Client approval, and shop drawings for fabrication. Includes needed cut-file creation for production. $2,166.00 Graphics $6,111.00 Three Microinvertebrates $501.00 09 Help a Healthy Creek take Root | Behind Lion Square Lodge $18,919.00 PM Includes Project Management and Graphics Production Management. $3,249.00 Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing development for Designer / Client approval, and shop drawings for fabrication. Includes needed cut-file creation for production. $2,383.00 Graphics $4,268.00 Gabion Fabrication $6,885.00 North American Porcupine Cut-out $2,134.00 10 A Gold Medal Trout Stream | Between wastewater plant and skier bridge $15,752.00 PM Includes Project Management and Graphics Production Management. $3,249.00 Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing development for Designer / Client approval, and shop drawings for fabrication. Includes needed cut-file creation for production. $1,300.00 Graphics $4,318.00 Gabion Fabrication $6,885.00 73 COST PROPOSAL Project Component Assumptions / Clarifications Price 11 A Home for Trout | Wastewater treatment plant outflow point $20,689.00 PM Includes Project Management and Graphics Production Management. $3,249.00 Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing development for Designer / Client approval, and shop drawings for fabrication. Includes needed cut-file creation for production. $1,842.99 Graphics $7,860.00 Gabion Fabrication $6,885.00 Fish Cut-out $853.00 12 Restore the Gore | Donovan Park $23,899.00 PM Includes Project Management and Graphics Production Management. $3,249.00 Technical Design Includes all Technical Design Department consultation and AutoCad drawing development for Designer / Client approval, and shop drawings for fabrication. Includes needed cut-file creation for production. $2,925.00 Graphics $6,111.00 Gabion Fabrication $6,885.00 Spotter Scope High & Low $4,729.00 Total Project Costs Does not include sales or use tax $199,625.00 74 THANK YOU Mark Matthews E: mmatthews@creo-ia.com W : www.creoexhibits.com CREO Exhibits 8330 Maltby Road, Ste A Woodinville, WA 98072 75 AGENDA ITEM NO. 4.6 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda SUBJECT:Contract Award to R&H Mechanical and Berich Masonry for Lionshead Snowmelt Repair SUGGESTED ACTION:Authorize the Town Manager to enter into agreements with the following companies not to exceed the respective amounts, on a form approved by the Town Attorney: R&H Mechanical ($450,000) and Berich Masonry ($125,000). VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CouncilMemo4-18-23 (1).docx 76 To:Vail Town Council From:Public Works Department Date:April 18, 2023 Subject:Lionshead Snowmelt Repair Contract Award I.SUMMARY The Town of Vail publicly bid the first phase of the Lionshead Snowmelt Repair Project to repair snowmelt mains and laterals, as well as aging manifolds. This phase of work will impact the eastern half of the Lionshead Village from just east of Sunbird Park to just west of the In-Town Bus Stop. The project budget for this first phase is $900,000. The Town received two General Contractor bids significantly over budget. Icon Inc.$2,312,160 Hyder Construction $2,102,844 The overage is likely due to necessary coordination and overhead, as well as the potential risks and unknowns of digging into the existing snowmelted streetscape. However, last fall, with the help of R&H Mechanical and Berich Masonry, the town repaired one location near Sunbird Park to better understand the potential risks and unknowns and understand what effort and cost it might take to complete these types of repairs. Staff believes with this experience and utilizing the same contractors and town resources we will be able to complete the repairs more cost effectively than hiring a General Contractor. Town staff will manage the project and coordinate the necessary contractors, staff, and equipment to complete the work. In addition to contracting with R&H Mechanical and Berich Masonry, staff will also contract with an asphalt contractor, various vacuum excavating contractors, and hire (2) temp construction laborers to complete the project. Based on last fall’s experience we expect this phase of the project to cost less than the budgeted $900,000. 77 II.RECOMMENDATION Direct the Town Manager to enter into contracts, as approved by the Town Attorney, with the following two contractors. R&H Mechanical $ 450,000 Berich Masonry $ 125,000 The Town will also contract separately throughout the project for additional services. Asphalt Paving ~$ 40,000 Vacuum Excavator ~$ 45,000 Temp. Services ~$ 50,000 Misc. Services ~$ 40,000 And carry a $150,000 contingency for encountered unknowns. 78 AGENDA ITEM NO. 4.7 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda SUBJECT:Increase Funds for Heavy Equipment Purchase SUGGESTED ACTION: Direct the Town staff to increase the HEF budget by $108,500. Which will be added to the second supplemental scheduled this June. This Allows for the Town Manager to approve the purchase for the backhoe and motor grader. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CouncilMemo 4-18-23 Heavy Equipment Fund Increase.docx 79 To:Vail Town Council From:Public Works Department Date:April 18, 2023 Subject:Increase Funds for Heavy Equipment Purchase I.SUMMARY The purpose of this item is a request for additional funding to purchase a backhoe and motor grader that are on the 2023 HEF budget. This year the public works are up for replacement in our HEF budget. The estimated replacement funds for this started in 2011 and 2013 when we purchased the last pieces of equipment. As with everything in the last three years, heavy equipment prices have also sky rocketed due to higher steel cost and general demand. In our current approved HEF budget we have $423,300.00 budgeted for the motor grade and $144,600 for the backhoe. The equipment quotes came in at $496,768.00 for the motor grader and $179,596.00 for the backhoe. For both pieces of machinery, we are $108,464.00 over budget. Both of these machines are vital to our operation especially during snow removal times. They have a very difficult job that incurs lots of wear and tear. They are both showing their ages as the backhoe is 12 years old and the motor grader is 10 years old. We would like to request that these machines stay in the 2023 budget and that $108,500 be allocated from the HEF reserve to the 2023 HEF capital budget. II.RECOMMENDATION Direct the Town staff to increase the HEF budget by $108,500. Which will be added to the second supplemental scheduled this June. This Allows for the Town Manager to approve the purchase for the backhoe and motor grader. 80 AGENDA ITEM NO. 5.1 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Town Manager Update SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Town Manager Update 040423.docx 81 Town Managers Update April 25, 2023 1. SB23-213 The Town Manager will provide an update on SB23-213 related to affordable housing and state mandated land use requirements. 2. Other Updates The Town Manger may also have other updates to provide the Town Council to ensure timely communication. 82 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 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 83 Vail Town Council Action Plan PROJECT MILESTONE UPDATES POINT of CONTACT COMMUNITY West Vail Master Plan Implementation Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP. May 2022 – April 2023. Update to Council on March 6, 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. George Ruther, Director of Housing 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 Throughout 2023: Continued funding in 2023 for same four identified areas including: tuition assistance for Vail’s families, infant subsidy to maintain infant care in Vail (part of sustainability of ECE programs), workforce retention grants, and continuing to identify expansion opportunities for ECE options in Vail. 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. Partner on Trailblazer Award process. Continued work in 2023: Summervail Archives; 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 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 84 ENVIRONMENT USFS Booth Creek Fuels Reduction Project Spring 2023 USFS driven second NEPA comment period (will require additional TOV funding). 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 ECONOMY 2. Dobson and Civic Area Plan Implementation Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson & determine location for Town Hall services. Mark Novak, Fire Chief 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 Next Steps for TIF Funding Estimated funds available between 2022 and 2030 total between $35 - $41 million. Timeline: 3 - 5 years Kathleen Halloran, Deputy Town Manager Economic Development Strategic Plan Update Jan. – Dec. 2023.Mia Vlaar, Economic Development Director 85 EXPERIENCE 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. 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 86 AGENDA ITEM NO. 5.2 Item Cover Page DATE:April 18, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Council Matters and Status Report SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 230418 Matters.docx 87 COUNCIL MATTERS Status Report Report for April 18, 2023 o Attract youth to the workplace:Town Council directed staff to explore ways the town can help market Vail as an attractive workplace. This may be a combination of marketing / recruiting efforts and assistance with housing programs. o Vail Composting Program:Vail’s composting program is at risk for disconintuation if we don’t generate another 40 participants in West Vail neighborhoods by April 27 based on estimates by Vail Honeywagon. Town Council wants staff to encourage more participation as it would be disappointing for Vail, a leader in environmental sustainability, to disband this program when other communities are signing on for service. Please go to lovevail.org and fill out a form for the Composting program. The Town of Vail covers 50% of the monthly fee. TOV Environmental team and Community Relations team are working on a communications plan to boost participation. Social Media Tracking Here is the link: https://share.sproutsocial.com/view/b4d08db6-1d7f-44ff-908d-b61d7ff4ffbb It’s been a busy couple of weeks here in Vail, as reflected by the online conversation. Content reflected the wide array of events: Taste of Vail, the Mikaela Shiffrin event, the Vail Rec Easter Egg Hunt, April Fools shenanigans and the spring concerts at The Amp. The beginning of this report also had outlets picking up the Vail Police terminated officer story. https://www.instagram.com/p/Cq09v7LuQ7I/ In the News______________________________________________________ March 30 Shiffrin Event https://skiracing.com/mikaela-shiffrin-to-appear-at-public-event-april-2-in-town-of-vail-to-celebrate- record-breaking-ski-racing-achievements/ March 31 SB23-213 https://www.vaildaily.com/news/a-colorado-land-use-bill-is-facing-fierce-opposition-from-mountain- communities/ 88 Enviro Scholarship https://www.vaildaily.com/news/vail-seeks-candidates-for-environmental-scholarship/ Vail-ification of the West https://inthesetimes.com/article/vail-colorado-west-gentrification-housing-tourism-mining-resort April 1 https://www.realvail.com/shiffrin-to-be-honored-at-solaris-plaza-in-vail-on-sunday-following-record- shattering-season/a15867/ April 2 https://www.cbsnews.com/colorado/video/vail-welcomes-home-mikaela-shiffrin-after-becoming-the- greatest-alpine-skier-of-all-time/ April 3 EV Readiness Plan https://www.vaildaily.com/news/vail-readies-to-decarbonize-transportation-in-town/ Shiffrin Event https://www.vaildaily.com/news/mikaela-shiffrin-honored-at-vail-celebration/ https://www.vaildaily.com/news/photos-vail-valley-celebrates-mikaela-shiffrin-the-greatest-world-cup- skier-ever-with-a-heros-homecoming-at-solaris-plaza/ https://www.vaildaily.com/news/mikaela-shiffrin-still-starstruck-by-idol-bode-miller/ https://www.denverpost.com/2023/04/03/mikaela-shiffrin-vail-record-87-alpine-ski-world-cup-photos/ https://www.cbsnews.com/colorado/video/vail-welcomes-home-mikaela-shiffrin-after-becoming-the- greatest-alpine-skier-of-all-time/ https://www.9news.com/article/sports/ski/mikaela-shiffrin-welcomed-home-to-vail-with- celebration/73-10cff5b7-5c32-4f23-a424-22dd91751edd https://www.krone.at/2972313 https://www.eurosport.de/ski-alpin/mikaela-shiffrin-bekommt-eine-ziege-geschenkt-besonderes- geschenk-fur-us-amerikanerin-in-ihrer-heima_sto9541979/story.shtml https://www.aspentimes.com/news/mikaela-shiffrin-honored-at-vail-celebration/ https://snowbrains.com/the-goats-goat-recap-of-the-mikaela87-celebrations-at-vail-co/ https://wwd.com/eye/people/mikeala-shiffrin-goat-vail-colorado-ski-1235603649/ https://denvergazette.com/outdoors/skiing-snowboarding/whiteout-shiffrin-party-more-snow-msp- lounge/article_2eeb04be-cd98-11ed-99bb-e38ed8998d7c.html April 5 Timber Ridge https://www.vaildaily.com/news/local-businesses-jump-at-opportunity-to-reserve-timber-ridge-units/ April 6 EHU Enforcement https://www.vaildaily.com/news/vail-begins-enforcement-for-31-non-compliant-deed-restrictions/ Ford Park Master Plan 89 https://www.vaildaily.com/news/vail-seeks-input-on-ford-park-master-plan-update/ SB23-213 https://www.planetizen.com/news/2023/04/122485-colorado-mountain-communities-line-oppose- statewide-zoning-reforms Shiffrin Event https://skiracing.com/mikaela-shiffrin-honored-in-vail-homecoming-event/ April 7 SB23-213 https://www.vaildaily.com/news/vail-avon-leaders-testify-in-opposition-to-sweeping-colorado-land- use-bill-during-marathon-senate-hearing/ Ford Park Master Plan https://www.realvail.com/town-of-vail-seeks-public-input-on-ford-park-master-plan/a15894/ April 8 License plate recognition https://www.vaildaily.com/news/vail-approves-license-plate-recognition-cameras-for-police-to-help- solve-crimes/ SB23-213 https://www.greeleytribune.com/2023/04/08/colorado-housing-zoning-reform-affordability-polis/ April 10 Composting https://www.vaildaily.com/news/west-vail-residents-could-lose-curbside-composting-option/ Stolen car crashes in roundabout https://www.vaildaily.com/news/stolen-car-plows-through-roundabout-fence-in-vail-driver-escapes/ Public Safety Telecommunicators Appreciation Week https://www.vaildaily.com/opinion/columns/wentworth-celebrating-national-public-safety- telecommunicators-week/ April 11 SB-001 - Public Private Partnerships for Housing https://www.realvail.com/roberts-bill-to-accelerate-workforce-housing-through-public-private-deals- clears-senate/a15928/ SB23-213 https://www.summitdaily.com/news/mountain-leaders-testify-in-opposition-to-sweeping-colorado- land-use-bill-during-marathon-senate-hearing-thursday/ 90 April 12 E-Bike Rebates https://www.vaildaily.com/news/vail-and-avon-are-incentivizing-e-bike-purchases-with-new-updated- rebates/ SB23-213 - opinion https://coloradosun.com/2023/04/12/housing-homeless-zoning-permits-local-nimby- opinion/ Upcoming Events o May 2 – “Mayor for the Day” Antonio Poe o June 5-8 - St. Anton officials to visit Vail 91 AGENDA ITEM NO. 5.3 Item Cover Page DATE:April 18, 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.docx 92 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, Econ 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, Econ Dev 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 93 Vail Town Council Action Plan PROJECT MILESTONE UPDATES POINT of CONTACT COMMUNITY 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. March 21, 2023 - Resolution No. 4 passed for the Naming or Commemoration of town-owned properties. Partner on Trailblazer Award process. Continued work in 2023: Summervail Archives; Vail Valley Voices; Library's 40th Anniversary. Eagle County celebrates 140 years on February 11. CHC website has been updated to include cultural initiatives from other departments. 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 Wildland Urban Interface Code Amendments Spring 2023 Town Council update on 2022 Fire Free Five grant program. April-October 2023 Mark Novak, Fire Chief 94 Implement 2023 Fire Free Five grant program. Fall 2023 Fire Free Five code adoption consideration. ENVIRONMENT USFS Booth Creek Fuels Reduction Project Spring 2023 USFS Record of Decision. Winter 2023/2024 Identify costs and funding sources. 2023-2030 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 Staff to return to town council in Q2 with proposal for areas of alignment with key peer resort and international community exchanges. St. Anton delegation of 12 to visit Vail the week of June 5 beginning with official tours and meetings and a proclamation at the town council meeting on June 6 and ending with participation at the Go Pro Mountain Games 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 ECONOMY 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 As part of the reimagining and restructure of the economic development department as a destination marketing organization (DMO), a new structure for special events funding will be explored in Q2. Mia Vlaar, Economic Development Director Vail’s Stewardship Roadmap Adoption of plan by resolution by Vail Town Council on April 18. Early implementation including resourcing, budgeting and planning to begin in Q2 2023. Mia Vlaar, Economic Development Director 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. Joint meeting with VRD and Town Council planned in coming months to share high level concepts and cost estimates. Kathleen Halloran, Deputy Town Manager 95 Economic Development Strategic Plan Update Following the reimagining and restructuring of the department as a destination marketing organization (DMO), the economic development strategic plan will be updated in Q4 of 2023. Mia Vlaar, Economic Development Director EXPERIENCE 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.A leadership meeting is planned, not scheduled as yet, to establish a definition. 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. Mar 22 internal meeting to discuss creating an inventory of data to use in measuring guest experience. 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 Town Council member Barry Davis is serving as the town’s representative on the RTA board. This first year will be spent establishing the new RTA. 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 PrimaVail engagement, training and PrimaService recognition continue through the winter season with recognition and employee appreciation at third Thursday concerts. PrimaVail and PrimaService programming will reengage in early summer and continue through September. Early winter will see another reactivation of PrimaVail and PrimaService recognition to begin the winter season. Mia Vlaar, Economic Development Director 96 AGENDA ITEM NO. 6.1 Item Cover Page DATE:April 18, 2023 TIME:30 min. SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Resolution AGENDA SECTION:Action Items SUBJECT:Resolution No. 14, Series of 2023, A Resolution Adopting The Town of Vail's Stewardship Roadmap SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 14, Series 2023. PRESENTER(S):Mia Vlaar, Director of Economic Development and Cathy Ritter, Consultant VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - Vail's Stewardship Roadmap 4-18-2023.pdf Resolution Adopting Vails Stewardship Roadmap Vail's Stewardship Roadmap - Council April 18 2023 FINAL UPDATE.pptx Public Input Stewardship Vail.pdf 97 To: Mayor and Town Council From: Economic Development Department Date: April 18, 2023 Subject: Resolution Adopting Vail's Stewardship Roadmap I. Background Early in 2022, the town embarked on an innovative path to guide how it manages an economy founded 60 years ago almost entirely on tourism. With town revenues continuing to achieve new heights following pandemic-related economic challenges and with occupancy rates now softening since last summer, the town is re-examining how tourism can generate additional value for the community. With a process launched in February 2022, the town became among the first in North America to center a tourism planning process on destination stewardship. This approach signals a forward-thinking commitment to engaging the entire community in addressing challenges and finding new opportunities to build the strength and quality of life for our globally known mountain resort community. Based on Council input during late 2022, newly identified town priorities, and extensive engagement with the Vail community, the town has reshaped the direction of the planning process. Now positioned as Vail's Stewardship Roadmap, the approach is sharply focused on steps the town can take over the next 10 years to ensure that our vital tourism economy continues to thrive. It also recognizes that for tourism to thrive, our community must thrive, too. II. The Reason for the Roadmap The purpose of Vail's Stewardship Roadmap is spelled out in five brief paragraphs on its first page. Major points are as follows: • To chart a path for the next 10 years to ensure that Vail's vital visitor economy continues to thrive. • To bring a clear focus to the purpose of Vail's tourism economy, which is: To allow the Vail community to sustain a remarkable way of life. • To formally recognize that “building a strong tourism economy also requires a strong community." 98 Town of Vail Page 2 • To complement and inform other Vail plans aimed at enhancing the community and lay the groundwork for a broader, long-term community visioning plan. III. Vail’s Stewardship Roadmap The final roadmap has been built out in a graphical style to better communicate the goals and benefits of the plan for town council, town staff, community stakeholders, and the public. The final roadmap is attached to this presentation. IV. Next Steps Once adopted, Town of Vail department heads will begin planning and resourcing for the five actions and the forty strategies to be executed over the next ten years. Once the ten-year implementation timeline and corresponding budgets are determined, they will be brought back to council for consideration. V. Action Requested of Council Approve, approve with amendments, or deny Resolution No. 14, adopting Vail’s Stewardship Roadmap. 99 RESOLUTION NO. 14 Series of 2023 A RESOLUTION ADOPTING VAIL’S STEWARDSHIP ROADMAP WHEREAS, the Town of Vail, since its founding in 1966, has centered its economy on sharing its extraordinary mountain lifestyle with people from across the world; WHEREAS, the Town of Vail has made a strong commitment to being a steadfast steward of its unique and sensitive environment with the inclusion of Section 13.11 Designated Open Space in the Vail Town Charter in 1972. WHEREAS, the Town of Vail now welcomes approximately 2.5 million visitors a year into its community of nearly 5,000 year-round residents; WHEREAS, the Town of Vail in recent years has been managing a surge of interest in outdoor experiences that has created new pressures on trails, parking, traffic, town amenities, Vail Mountain, and other natural areas; WHEREAS, the Town of Vail also is experiencing a housing crisis that is leaving vital jobs unfilled, eroding the diversity of its population, and threatening every aspect of community life, even the availability of childcare and other vital workers; WHEREAS, the Town of Vail recognizes the importance of equipping Vail's tourism economy for future success and resiliency, especially given the threat of global climate change and its impacts including shorter winters, drought, and wildfire, and is committed to managing visitor patterns for better outcomes; WHEREAS, the Town of Vail identified a need to engage the community in a planning process to manage its thriving tourism economy in alignment with community priorities and enhance and live up to Vail's global recognition as a sustainable destination for travelers, and engaged professional services to develop this approach; WHEREAS, the Town of Vail has been guided throughout the planning process by the principles of destination stewardship, a holistic approach aimed at creating ways for a tourism economy to thrive in harmony with its community, especially by delivering a high quality of life for residents along with high quality experiences for visitors, while reducing negative impacts on the community; WHEREAS, the Town of Vail engaged in extensive consultation with the Vail community, with more than 3,000 opinions shared, securing a deep awareness and appreciation of current conditions and insights pointing to new possibilities; 100 WHEREAS, the Town of Vail further has acquired new research and insight into current brand perception and future tourism trends; WHEREAS, the Town of Vail has completed a thoughtful review of all findings, now incorporated into Vail's Stewardship Roadmap, charting a 10-year path for Vail to build resiliency, address vulnerabilities, and thrive as the world’s premier sustainable mountain resort community; WHEREAS, the Town of Vail has identified a vision for this Roadmap based on six essential values (Quality of Life, Community, Environmental Stewardship, Experience, Respect and Fun) and to be realized by five major actions and goals, (Make Vail More Liveable, Enhance Vail’s World Class Experience, Invigorate Vail’s Spirit, Advance Vail Stewardship as a Global Model, Energize Vail’s Brand) supported by 40 specific strategies; WHEREAS, the Town of Vail now formally recognizes that the purpose of its tourism economy is to support a remarkable way of life in Vail, and that a strong tourism economy also requires a strong community and WHEREAS, the Town of Vail is committed to implementing the plan over the period from this date until the end of 2033, and to put in place ongoing management of the strategies within the plan; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Vail Town Council adopts Vail’s Stewardship Roadmap as a “Community-Positive” vision for managing Vail’s tourism economy, to complement and inform other Vail plans, and to lay the groundwork for a broader community visioning plan. 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 18th day of April 2023. _________________________ Kimberly Langmaid, Town Mayor ATTEST: _____________________________ Stephanie Bibbens, Town Clerk 101 Vail’s Stewardship RoadmapAn Overview for the Vail Town Council April 18, 2023 102 REASON FOR THE ROADMAPThe Purpose •The Roadmap charts a path for the next 10 years to ensure that Vail’s top economic driver –the visitor economy --continues to thrive. •The process uncovered the Vail community’s most important priorities and opportunities for future action. •It complements other Vail plans aimed at enhancing the community. •It lays important groundwork for a broader long- term community visioning plan. 103 The Major Initiatives •Double the supply of deed-restricted homes by 2033 through a collaborative and regenerative approach. •Develop an analysis of Vail’s capacity for visitation to guide policy, planning, and programs and manage the destination. •Engage the Vail community in a comprehensive visioning plan. •Seek innovative ways to de-carbonize the town’s snowmelt system. •Develop a new brand position that reflects community values, builds Vail’s competitive edge, and inspires all to care for Vail. 104 •Join in public/private partnerships to secure available grants and create innovative ways to create deed-restricted housing. •Launch a communitywide visioning process. •Acquire geolocation-based data insights to guide decision-making. •Develop an RFP to seek expert proposals for decarbonizing the snow-melt system. •With VLMDAC, launch brand development process. Town departments to begin working on plans to implement strategies. YEAR ONE/YEAR TWONear-term Actions 105 A DIFFERENT PATH FOR VAILA New Mindset •Fosters a regenerative approach to housing by structuring development to yield returns for even more deed-restricted housing. •New definition of success: Ensures that town decision-making is consistently viewed through a lens of benefiting residents as well as visitors. •Formally recognizes that ‘building a strong tourism economy also requires a strong community.’ •Supports place-based entrepreneurship as a way to diversify the economy and attract new residents. •Recognizes the importance of broadening access to the world-class experience to attract and retain workforce and reward local stewards. 106 Thank you Questions? 107 From:Jeff Bowen To:Council Dist List Subject:The next 10 years Date:Sunday, April 16, 2023 4:36:12 PM Dear Kim and council members. I wish I could have attended some of the meetings on this important future look at Vail. Unfortunately it is difficult for me to be in Vail for evening meetings in the winter. Yet after many active years living in Vail and many now as an occasional visitor, my heart is still very much with my favorite town. I think Vail is in a juxtaposition between being a wonderful place to live, work and be a tourist, to being too much. I say this because a colleague and I are working on an academic paper about A- Basin and its radical strategic change to leave the EPIC pass because weekend crowds were too great, and the result was a poor skier experience. Alan Henceroth, the COO, also had—and has--an environmental/sustainability concern. Yet what is amazing about A-Basin is it has maintained equal revenue with many fewer weekend skiers. And it has remained the “Legend”. I think this strategy might apply to Vail. The last few years Vail has been no fun: it simply has too many people milling around Bridge Street in the summer and too many people on the mountain in the winter. I am nearly 84 years old now, and this is the first winter in 75 years I have not skied. Why? Because I’ve been hit too many times on Vail Mountain. And though I still attend Bravo concerts in the summer, instead of having dinner at a restaurant in town, I generally head back to my condo in East Vail to avoid the massive crowds. And yes, I also worry about the natural environment—as some of you know, I spent many years running Trees for Vail. So how should moderation be achieved? I don’t have an answer—wiser people than I will have to figure that out—one of them is Alan Henceroth. But I think the fundamental question is what is Vail? Is it a place for the masses or should it be a place which cares about the environment, our guests and our citizens? Regards to you all. Dr. Jeff Bowen Sent from Mail for Windows 108 From:Bailey Smith To:PublicInputTownCouncil Subject:Public Comment on Vail Stewardship Plan Date:Tuesday, April 18, 2023 10:49:20 AM My name is Bailey Smith, I'm a community member as defined in the roadmap, and an environmental engineer by trade. My interest in the roadmap comes from concerns with climate action, and I commend the focus on housing as its a key missing strategy in reducing GHG emissions. While reviewing the roadmap, I was most alarmed by Vail's commitment to zero black and brown people and the erasure of indigenous people. Despite being the top 3 priorities for survey respondents, racial equity is ignored in the roadmap. References to diversity refer solely to economic diversity. All discussion of history and culture refers to the white settler colonial population and disregards the natural history and value of this same land to a broader community or pre-1960 settlements. The language used to describe status quo and desirable visitors is exclusive. The idea of community extends to those with similar perspectives and experiences. The Vail Valley is an extraordinary gem in the natural world, and that does not belong to the few privileged enough to afford housing here. This is a shared resource and it's role of the Town of Vail to be steward of the land to provide equitable access to these resources, instead of controlling that land to remain exclusive. Consider reframing your vision of a future community not to who is the best culture "fit", but who would be the most culture "add". When solidifying the brand you seek for the community, consider how wealthy and white you want that brand to be, and how desirable that is to the community, visitors, and broader world. This brand and messaging reflects how you want Vail to show up as a leader in sustainable mountain communities in 2023. Finally, the roadmap refers repeatedly to the Mountain IDEAL Standards, which is not a well- known or widely used standard. To facilitate transparency, the Town of Vail should provide specific metrics and indicators that comprise the Mountain IDEAL standards, which is currently not available within the roadmap, nor is it publicly available on the internet, and was not provided by Walking Mountain Science Center when contacted directly. In order to determine the value of the Standard to the community, the Standard needs to be made available for review to both the Council and community at large. Because of these reasons, I do not feel the Town is ready to approve a 10 year plan that includes major gaps. Thank you for the opportunity to review and comment on this element of Vail's strategic vision. Bailey Smith baileykaismith@gmail.com 109 AGENDA ITEM NO. 6.2 Item Cover Page DATE:April 18, 2023 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Contract Award with Rocky Mountain Custom Landscapes for the 10th Mountain Division Statue Site Improvements SUGGESTED ACTION:Authorize the Town Manager to enter into a contract with Rocky Mountain Custom Landscapes in an amount not to exceed $142,000. Staff will be including a request to add $28,000 to the Art Landscape Enhancements budget as part of the June 2023 Budget Supplemental process for a total project budget of $147,634. PRESENTER(S):Gregg Barrie, Senior Landscape Architect VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 10th Mt Statue TC Memo 4-18-23.pdf 110 To: Vail Town Council From: Department of Public Works Date: April 18, 2023 Subject: 10th Mountain Division Statue Site Improvements Request for Increased Budget and Contract Approval I. PURPOSE The purpose of this agenda item is to request an additional $28,000 for the construction of site improvements to the area around the 10th Mountain Division Statue. And, if granted, to approve a contract for the work. II. BACKGROUND The 10th Mountain Division Statue is a popular work of art, located at the entrance to Vail Village near the Covered Bridge. The heavy pedestrian traffic to the statue results in significant wear and tear on the flagstone walkway and surrounding landscape. Every few years, the walkway and the turf are renovated to keep the area in good condition. As the site has deteriorated since the 2019 renovation, staff judged it would make sense to add a concrete slab and reset the flagstone with grout to ensure a more permanent repair. Funds were budgeted as part of the 2023 budget process to make that repair. However, during the design process, town staff felt that patio area should be expanded to accommodate the significant pedestrian traffic, eliminating the bluegrass turf, which is in consistently poor condition. The attached drawing showing the proposed design. III. CURRENT BUDGET The original project budget was $75,000, approved by the Town Council during the regular budget process. During the design phase, staff requested additional funding based on an internal cost estimate. The Supplemental request increased the total budget to as follows: March Supplemental request: $75,000 Original 2023 Budget $ 8,364 Reappropriated from 2022 Art Landscape Enhancements $36,000 Additional Funding Request $119,364 Current 10th Mountain Statue Budget 111 Town of Vail Page 2 IV.BIDS AND ADJUSTMENTS The project was released to public bid in March, and two bids were submitted on April 12th in the amounts of $156,870 and $186,957. Value engineering reduces the lowest bid to $141,997 with no impact on the proposed design. To move forward with construction this spring, the work would require a budget increase of $28,000. The increase would be included as part of the June 2023 Budget Supplemental process. Contract Amt Budget Increase Complete the project as designed $ 142,000 $ 28,000 V.STAFF RECOMMENDATION Staff recommends proceeding with the project as designed. The 10th Mountain Division Statue is located in a highly visible location which sees significant pedestrian traffic. The existing site plan was designed over 25 years ago and did not anticipate how popular the statue would be. The wear and tear to the existing area requires regular upkeep. The new design provides a durable, low-maintenance stone surface, eliminates bluegrass turf, adds seating and improved landscaping. And, it has received enthusiastic approval from the Art in Public Places Board. If approved, the proposed contractor will complete the project prior to the busy summer season. VI.ACTION REQUESTED BY COUNCIL If Council is supportive of the budget increase for the full project, staff requests: 1)Authorize the Town Manager to enter into a contract with Rocky Mountain Custom Landscapes in an amount not to exceed $142,000. 2)Staff will be including a request to add $28,000 to the Art Landscape Enhancements budget as part of the June 2023 Budget Supplemental process for a total project budget of $147,634. Attachments: Proposed Site Plan Proposed Materials Rendering 112 NEW SEATING W/ VIEW DOWN GORE CREEK EXTEND PLAZA PAVERS TO EDGE OF FIELDSTONE SLATEBLUE FIELDSTONE, 2'x 3'. AREA IS 20'x 30' REPLACE EXISTING FIR TREE WITH NEW 'GLAUCOUS' BLUE SPRUCE. LANDSCAPING INCLUDES LITTLE BLUESTEM GRASSES AND ISANTI REDTWIG DOGWOOD BACKLESS BENCH TO VIEW STATUE OR GORE CREEK EXTEND PLAZA PAVERS TO EDGE OF FIELDSTONE DESIGNED BY DATE CHECKED BY DRAWN BY SHEET TOV JOB NO. FILE NAME To w n o f V a i l De p a r t m e n t o f P u b l i c W o r k s ph 9 7 0 . 4 7 9 . 2 1 5 8 fa x 9 7 0 . 4 7 9 . 2 1 6 6 ww w . v a i l g o v . c o m 13 0 9 E l k h o r n D r i v e Va i l , C O 8 1 6 5 7 SCALE .. \ L o g o s \ T O V _ l o g o _ b l c k _ s i n g l e _ c o l . j p g SI T E P L A N GB GB TO SITE PLAN 3/1/23 30-9090 1"= 8' 1 of 2 10 T H M T D I V I S I O N S T A T U E I M P R O V E M E N T S 11 3 DESIGNED BY DATE CHECKED BY DRAWN BY SHEET TOV JOB NO. FILE NAME To w n o f V a i l De p a r t m e n t o f P u b l i c W o r k s ph 9 7 0 . 4 7 9 . 2 1 5 8 fa x 9 7 0 . 4 7 9 . 2 1 6 6 ww w . v a i l g o v . c o m 13 0 9 E l k h o r n D r i v e Va i l , C O 8 1 6 5 7 SCALE .. \ L o g o s \ T O V _ l o g o _ b l c k _ s i n g l e _ c o l . j p g SI T E P L A N GB GB TO SITE PLAN 3/1/23 30-9090 1"= 8' 1 of 2 10 T H M T D I V I S I O N S T A T U E I M P R O V E M E N T S PROPOSED LANDSCAPE MATERIALS PROPOSED 2' x 3' FIELDSTONE PAVING MATERIAL 11 4 DESIGNED BY DATE CHECKED BY DRAWN BY SHEET TOV JOB NO. FILE NAME To w n o f V a i l De p a r t m e n t o f P u b l i c W o r k s ph 9 7 0 . 4 7 9 . 2 1 5 8 fa x 9 7 0 . 4 7 9 . 2 1 6 6 ww w . v a i l g o v . c o m 13 0 9 E l k h o r n D r i v e Va i l , C O 8 1 6 5 7 SCALE .. \ L o g o s \ T O V _ l o g o _ b l c k _ s i n g l e _ c o l . j p g RE N D E R I N G GB GB TO SITE PLAN 3/1/23 30-9090 NA 1 of 2 10 T H M T D I V I S I O N S T A T U E I M P R O V E M E N T S 11 5 AGENDA ITEM NO. 6.3 Item Cover Page DATE:April 18, 2023 TIME:15 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Recommended Summer 2023 Parking Program SUGGESTED ACTION:Approve the Summer 2023 Parking Program as presented. PRESENTER(S):Greg Hall, Public Works Director, Steph Kashiwa Parking Operations Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 4.23.doc 116 1 TO:Vail Town Council FROM:Parking and Mobility Task Force Greg Hall, Director of Public Works and Transportation Stephanie Kashiwa Parking Operations Manager DATE:April 18, 2023 SUBJECT:Recommended Summer 2023 Parking Program I.PURPOSE The purpose of this item is to: Provide Town Council the Parking recommendation for Summer 2023 Parking Program Request Town Council approve the Summer 2023 Parking Program II.BACKGROUND The Vail Parking & Mobility Task Force met on March 30, 2023 to review the winter season and to make recommendations for the summer 2023 parking program. The 2022 summer overnight program included the following components: The program was implemented from July 15 through October 2nd. An overnight fee of $25 in the Vail Village and Lionshead structures which was charged for vehicles in the structure during the period of 4 AM to 5 AM. Free parking was offered during all but this hour window. Red Sandstone Structure rate for the first 72 hours was free after that vehicles would receive a parking citation. Paid event parking at Ford and Soccer lot was $10, with 54 days of paid events. An overnight fee of $25 in the oversized parking area in West Vail, with a 5 day max stay. Exceptions to the overnight fees were made for qualified employees of village businesses, including Vail Health, whose overnight shifts required them to occupy the structures during the 4 AM – 5 AM overnight fee period. Parking passes were issued for those employees. The DUI prevention policy of free exit for users who choose safe travel arrangements was administered through the Welcome Centers, Police Department, and Parking Department. This allowed the overnight fee to be waived if the user entered after 3 PM the day before 117 2 and exits the structures by 11 AM the day of. This was offered at the Vail Village and Lionshead structures. A Condo Pass was offered to qualifying property owners in the village core. This pass allowed for free parking in the parking structures through the summer season. The passes were sold at $350 for the shortened season. Gold, Silver, and Blue pass holders had the option of receiving a complimentary pass for the summer season. This pass granted free access to the parking structures for the summer season. III.TASK FORCE CONSIDERATIONS SUMMER 2023 In reviewing the previous summer programs and identifying issues, the task force focused on overnight rates, messaging information to the community, pass options, and event parking rates. It was discussed that the overnight rate in the main structures should be closer to both the rates hotels charge in the summer as well as the winter $60 rate. The discussion concerning Red Sandstone was a lower rate than the main structures to encourage use, but a simple rate structure that utilizes the new system, versus the first 72 hours free and then issuing parking citations. Paid parking rates for events at Ford and Soccer lot were also discussed. It was recommended that the price be increased to help cover operating costs and to encourage the use of the free express event buses. This suggestion was passed on to the Ford Park User Group to consider. Messaging parking and transportation options to the community was noted as important and would like continued efforts in making information more available. Messaging and promotion of non-SOV (single occupancy vehicle) options to the community were noted as important to focus on. In reviewing various options, the Task Force recommends the following changes to the summer program. IV.RECOMMENDED SUMMERER 2023 PARKING PROGRAM Summer paid overnight parking begins Memorial Day weekend and extends through October 1st. Overnight rates for LH/VTC of $35 -$40. Include a Red Sandstone Structure overnight rate of $10- $25 that is lower than the LH/VTC rate, encouraging use. o Extending the max stay at Red Sandstone to 14 days with the overnight rate. Oversized/Overnight parking rate $35/night in the West Vail location. Free overnight employee pass available with a verification process. Free summer parking pass for Winter 2022/2023 Premier/Business Premier/Employee Plus pass holders with a verification process – no guaranteed spot. A $475 pass for summer overnight parking LH/VTC/RSS offered with ownership in previous voucher-designated areas. Increased efforts towards messaging and information to the community about parking and transportation options. 118 3 Increased efforts towards messaging and information to the community about non-SOV options. V.ACTION REQUESTED Provide direction to the staff regarding the recommended summer 2023 Parking Plan to include: Set the overnight fees associated with the program. Set the paid event parking fee. Set the summer overnight parking pass price. VI.STAFF RECOMMENDATION Staff recommends the Town Council approve, approve with modifications, the recommendations for the summer 2023 Parking Program. 119 AGENDA ITEM NO. 6.4 Item Cover Page DATE:April 18, 2023 TIME:15 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:2023 Ford Park Summer Managed Parking SUGGESTED ACTION:Approve the 2022 Ford Park Summer Managed Parking Program. PRESENTER(S):Greg Hall, Public Works Director, Steph Kashiwa Parking Operations Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - Ford Park User Group 4.23.doc FPUG Calendar 2023.xlsx Public Input Parking.pdf 120 1 TO:Vail Town Council FROM:Ford Park User Group Greg Hall, Director of Public Works and Transportation Stephanie Kashiwa Parking Operations Manager DATE:April 18, 2023 SUBJECT:Recommended Ford Park Summer 2023 Managed Parking Program I.PURPOSE The purpose of this item is to: Provide Town Council the Parking recommendation for Ford Park Summer 2023 Managed Parking Program Request Town Council approve the Ford Park Summer 2023 Managed Parking Program II.BACKGROUND The Ford Park User Group met on April 13, 2023 to review the summer 2022 season and make recommendations for the Summer Ford Park 2023 Managed Parking Program. The Ford Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley Foundation (GRFA), Betty Ford Alpine Gardens, Bravo! Vail, and Walking Mountain Science Center. The proposed managed parking program calendar is attached. III.CONSIDERATIONS SUMMER 2023 In reviewing the previous summer programs and identifying issues, the Ford Park User Group discussed the recommendation from the Parking and Mobility Task Force to increase the paid event parking fee ($20), increase communications to event participants on parking and transportation options, as well as how to utilize the new parking revenue control system during paid parking events. IV.RECOMMENDED SUMMER 2023 PARKING PROGRAM The proposed managed parking calendar is attached. Paid event parking rate of $15. o Increase rate to incentivize using the free structures and free event buses, to relieve congestion at Ford lot and Soccer lot by encouraging bus ridership, as well as cover operating costs for Ford Park managed parking. 121 2 o Reduced rate of $20 recommended by the Parking and Mobility Task Force to $15 to consider the needs of user groups at Ford lot and Soccer lot. Use of the parking revenue control system (stations and gates) to collect event parking fees. No cash excepted. o Continued parking attendant presence at entry. V.ACTION REQUESTED Provide direction to the staff regarding the recommended summer 2023 Parking Plan to include: Increase in the paid event parking fee. Use of the installed parking revenue control system (stations and gates). VI.STAFF RECOMMENDATION Staff recommends the Town Council approve, approve with modifications, the recommendations for the Ford Park Summer 2023 Managed Parking Program. 122 Date Event Name Managed/Paid Parking Schedule Notes Sun - 4/23/23 Last day of winter parking operations Wed - 5/10/23 Ford Lot RESERVED - PD drive training Ford Lot RESERVED Mon - 5/1/23 Youth Soccer Mon-Thurs Through May 31 Mon - 5/15/23 Start of VAF lot RESERVED for GoPro Mtn Games (partial lot) Through June 15th VAF lot RESERVED (partial) Fri - 5/19/23 Hard to Recycle Event VAF lot RESERVED for GoPro Mtn Games (partial lot) Ford Lot RESERVED VAF lot RESERED (partial) Mon - 5/22/23 VMS Graduation Rehearsal VAF lot RESERVED for GoPro Mtn Games (partial lot) VAF lot RESERVED (partial) Thu - 5/25/23 BMHS Graduation Rehearsal VAF lot RESERVED for GoPro Mtn Games (partial lot) BF Alpine Gardens: Butterfly Launch MANAGED: 11:00 AM - 2:30 PM Managed VAF lot RESERVED (partial) Fri - 5/26/23 Summer parking operations begin VMS Graduation VAF lot RESERVED for GoPro Mtn Games (partial lot) MANAGED: TBD Managed VAF lot RESERVED (partial) Sat - 5/27/23 BMHS Graduation VAF lot RESERVED for GoPro Mtn Games (partial lot) MANAGED: 11:00 AM - 3:00 PM Managed VAF lot RESERVED (partial) Sun - 5/28/23 AEG - Paul Cauthen VAF lot RESERVED for GoPro Mtn Games (partial lot) PAID 3:30 PM - 8:00 PM Paid VAF lot RESERVED (partial) Mon - 5/29/23 Memorial Day VAF lot RESERVED for GoPro Mtn Games (partial lot) VAF lot RESERVED (partial) 123 Thu - 6/1/23 Softball begins Mondays, Wednesdays, & Thursdays Through early September Rugby begins Tuesdays & Thursdays Through late August BF Alpine Gardens: Plant Sale VAF lot RESERVED for GoPro Mtn Games MANAGED: 7:00 AM - 5:00 PM Managed VAF lot RESERVED Fri - 6/2/23 BF Alpine Gardens: Plant Sale VAF lot RESERVED for GoPro Mtn Games MANAGED: 10:00 AM - 3:00 PM Managed VAF lot RESERVED Sat - 6/3/23 BF Alpine Gardens: Plant Sale VAF lot RESERVED for GoPro Mtn Games MANAGED: 10:00 AM - 3:00 PM Managed VAF lot RESERVED Sun - 6/4/23 Dr. Steadman Celebration of Life BF Alpine Gardens: Plant Sale VAF lot RESERVED for GoPro Mtn Games MANAGED TBD 10:00 AM - 3:00 PM Managed VAF lot RESERVED Mon - 6/5/23 BF Alpine Gardens: Keystone Science School Baseball Camp, June 6th - 9th VAF lot RESERVED for GoPro Mtn Games VAF lot RESERVED Thu - 6/8/23 GoPro Mtn Games GMG Concert - Brothers of a Feather VAF lot RESERVED for GoPro Mtn Games MANAGED: 7:00 AM - 4:00 PM PAID: 4:00 PM - 8:00 PM Managed Paid - Concert VAF lot RESERVED Fri - 6/9/23 GoPro Mtn Games GMG Concert - Orebolo VAF lot RESERVED for GoPro Mtn Games MANAGED: 7:00 AM - 4:00 PM PAID: 4:00 PM - 8:00 PM Managed Paid - Concert VAF lot RESERVED 124 Sat - 6/10/23 GoPro Mtn Games GMG Concert - Local Natives VAF lot RESERVED for GoPro Mtn Games MANAGED: 7:00 AM - 4:00 PM PAID: 4:00 PM - 8:00 PM Managed Paid - Concert VAF lot RESERVED Sun - 6/11/23 GoPro Mtn Games VAF lot RESERVED for GoPro Mtn Games MANAGED: 7:00 AM - 7:00 PM Managed VAF lot RESERVED Wed - 6/14/23 CO Children's Chorale VAF lot RESERVED for GoPro Mtn Games MANAGED: 4:00 PM - 7:00 PM Managed VAF lot RESERVED Thu - 6/15/23 King of the Mtn Volleyball VAF lot RESERVED for GoPro Mtn Games MANAGED: 7:00 AM - 7:00 PM Managed VAF lot RESERVED Fri - 6/16/23 King of the Mtn Volleyball VAF lot reserved for King of the Mtn Volleyball MANAGED: 7:00 AM - 7:00 PM Managed Sat - 6/17/23 King of the Mtn Volleyball VAF lot reserved for King of the Mtn Volleyball MANAGED: 7:00 AM - 7:00 PM Managed Sun - 6/18/23 Farmers' Market King of the Mtn Volleyball VAF lot reserved for King of the Mtn Volleyball MANAGED: 7:00 AM - 7:00 PM Managed Tue - 6/20/23 Vail Lacrosse Tourney 1/4 nest reserved HSN - Lowdown Brass Band MANAGED: 7:00 AM - 4:00 PM PAID 4:30 PM - 8:00 PM Managed Paid - Concert Wed - 6/21/23 Sand Volleyball begins Vail Lacrosse Tourney 1/4 nest reserved AEG - Shakey Graves w/ Neal Francis MANAGED: 7:00 AM - 4:00 PM PAID 3:30 PM - 8:00 PM Managed Paid - Concert 125 Thu - 6/22/23 Vail Lacrosse Tourney 1/4 nest reserved Bravo nest reserved MANAGED: 7:00 AM - 3:30 PM PAID 3:30 PM - 8:00 PM Managed Paid - Concert Sat - 6/24/23 Vail Lacrosse Shootout Bravo MANAGED: 7:00 AM - 3:30 PM PAID 3:30 PM - 8:00 PM Managed Paid - Concert Sun - 6/25/23 Farmers' Market Vail Lacrosse Shootout Bravo MANAGED: 7:00 AM - 3:30 PM PAID 3:30 PM - 8:00 PM Managed Paid - Concert Mon - 6/26/23 Vail Lacrosse Shootout 3/4 nest reserved MANAGED: 7:00 AM - 7:00 PM Managed Tue - 6/27/23 Vail Lacrosse Shootout 3/4 nest reserved HSN - Classic Albums Live: Ziggy Stardust MANAGED: 7:00 AM - 4:00 PM PAID 4:30 PM - 8:00 PM Managed Paid - Concert Wed - 6/28/23 Vail Lacrosse Shootout 3/4 nest reserved MANAGED: 7:00 AM - 7:00 PM Managed Thu - 6/29/23 Vail Lacrosse Shootout 3/4 nest reserved MANAGED: 7:00 AM - 7:00 PM Managed Fri - 6/30/23 Vail Lacrosse Shootout 3/4 nest reserved Bravo - Dallas nest reserved Managed Paid - Concert Sat - 7/1/23 July 4th Bravo ticket sale Vail Lacrosse Shootout 3/4 nest reserved Bravo - Dallas nest reserved MANAGED: 7:00 AM - 4:00 PM PAID 4:30 PM - 8:00 PM Managed Paid - Concert Sun - 7/2/23 Vail Lacrosse Shootout 3/4 nest reserved Bravo - Dallas nest reserved Managed Paid - Concert Mon - 7/3/23 Vail Lacrosse Shootout 3/4 nest reserved MANAGED: 7:00 AM - 7:00 PM Managed 126 Tue - 7/4/23 4th of July - Vail America Days Vail Lacrosse Shootout Bravo Patriotic Concert MANAGED: 7:00 AM - 7:00 PM Managed Wed - 7/5/23 Bravo - Dallas nest reserved PAID 3:30 PM - 8:00 PM Paid Thu - 7/6/23 AEG - Big Head Todd & Blues Traveler PAID 3:30 PM - 8:00 PM Paid Fri - 7/7/23 Bravo - Philadelphia nest reserved PAID 3:30 PM - 8:00 PM Paid Sat - 7/8/23 Bravo - Philadelphia nest reserved PAID 3:30 PM - 8:00 PM Paid Sun - 7/9/23 Farmers' Market Bravo - Philadelphia nest reserved PAID: 3:30 PM - 8:00 PM Paid - Concert Tue - 7/11/23 HSN - 49 Winchester PAID 4:30 PM - 8:00 PM Paid Wed - 7/12/23 Bravo - Philadelphia nest reserved PAID 3:30 PM - 8:00 PM Paid Thu - 7/13/23 Bravo - Philadelphia nest reserved PAID 3:30 PM - 8:00 PM Paid Fri - 7/14/23 Bravo - Philadelphia nest reserved PAID 3:30 PM - 8:00 PM Paid Sat - 7/15/23 AEG - Thievery Corp PAID 3:30 PM - 8:00 PM Paid Sun - 7/16/23 Farmers' Market AEG - Old Crow Medicine Show PAID 3:30 PM - 8:00 PM Paid - Concert Mon - 7/17/23 AEG - Caamp PAID 3:30 PM - 8:00 PM Paid Tue - 7/18/23 HSN - TBD PAID 4:30 PM - 8:00 PM Paid Wed - 7/19/23 Bravo - NY nest reserved PAID 3:30 PM - 8:00 PM Paid Fri - 7/21/23 Bravo - NY nest reserved PAID 3:30 PM - 8:00 PM Paid Sat - 7/22/23 Vail Invitational Soccer Tourney Bravo - NY nest reserved MANAGED: 7:00 AM - 3:30 PM PAID 3:30 PM - 8:00 PM Managed Paid - Concert Sun - 7/23/23 Farmers' Market Bravo - NY nest reserved PAID: 3:30 NYM - 8:00 PM Paid - Concert 127 Mon - 7/24/23 AEG - Trombone Shorty, Ziggy, Mavis Staples PAID 3:30 PM - 8:00 PM Paid Tue - 7/25/23 Bravo - NY nest reserved PAID 3:30 PM - 8:00 PM Paid Wed - 7/26/23 Bravo - NY nest reserved 3:30 PM - 8:00 PM Paid Fri - 7/28/23 Kick it 3v3 Soccer 1/2 nest reserved Vail Dance Festival - Opening Night nest reserved MANAGED: 7:00 AM - 4:00 PM PAID 4:30 PM - 8:00 PM Managed Paid - VDF Sat - 7/29/23 Kick it 3v3 Soccer 1/2 nest reserved Vail Dance Festival - Martha Graham Dance Co nest reserved MANAGED: 7:00 AM - 4:00 PM PAID 4:30 PM - 8:00 PM Managed Paid - VDF Sun - 7/30/23 Farmers' Market Kick it 3v3 Soccer 1/2 nest reserved Vail Dance Festival - UpClose nest reserved MANAGED: 7:00 AM - 4:00 PM PAID 4:30 PM - 8:00 PM Managed Paid - VDF Mon - 7/31/23 Kick it 3v3 Soccer 1/2 nest reserved Vail Dance Festival - LA Dance Project nest reserved MANAGED: 7:00 AM - 4:00 PM PAID 4:30 PM - 8:00 PM Managed Paid - VDF Tue - 8/1/23 Vail Dance Festival - $20.23 nest reserved PAID: 4:30 PM - 8:00 PM Paid Fri - 8/4/23 Vail Dance Festival - International Evenings of Dance 1 nest reserved PAID: 4:30 PM - 8:00 PM Paid Sat - 8/5/23 Vail Dance Festival - International Evenings of Dance 2 nest reserved Vail Dance Festival - International Evenings of Dance 3 nest reserved PAID: 3:30 PM - 8:00 PM Paid Sun - 8/6/23 Farmers' Market PAID: 4:30 PM - 8:00 PM Paid Mon - 8/7/23 Vail Dance Festival - NOW Premier nest reserved PAID: 4:30 PM - 8:00 PM Paid 128 Thu - 8/10/23 Kids Adventure Games 8/10-8/13 Vail Wine Classic VAF lot RESERVED for Vail Wine Classic VAF lot RESERVED Fri - 8/11/23 Vail Wine Classic VAF lot RESERVED for Vail Wine Classic VAF lot RESERVED Sat - 8/12/23 Vail Wine Classic VAF lot RESERVED for Vail Wine Classic VAF lot RESERVED Sun - 8/13/23 Farmers' Market Vail Wine Classic VAF lot RESERVED for Vail Wine Classic VAF lot RESERVED Tue - 8/15/23 AEG - Head & the Heart + Father John Misty PAID: 3:30 PM - 8:00 PM Paid Wed - 8/16/23 AEG - Head & the Heart + Father John Misty PAID: 3:30 PM - 8:00 PM Paid Thu - 8/17/23 HSN - Hogslop String Band PAID: 4:30 PM - 8:00 PM Paid Fri - 8/18/23 AEG - TBD PAID: 3:30 PM - 8:00 PM Paid Sat - 8/19/23 AEG - Mt. Joy PAID: 3:30 PM - 8:00 PM Paid Sun - 8/20/23 Farmers' Market AEG - TBD PAID: 3:30 PM - 8:00 PM Paid - Concert Tue - 8/22/23 HSN - Jimi's Dead PAID: 4:30 PM - 8:00 PM Paid Sun - 8/27/23 Farmers' Market CO SnowSports Museum Event MANAGED: TBD Managed Tue - 8/29/23 HSN - Fruiton PAID: 4:30 PM - 8:00 PM Paid Sat - 9/2/23 AEG - Pixies & Modest Mouse with Cat Power PAID: 3:30 PM - 8:00 PM Paid Sun - 9/3/23 Farmers' Market AEG - Tash Sultana PAID: 3:30 PM - 8:00 PM Paid - Concert Thu - 9/7/23 Community Concert MANAGED: 3:30 PM - 8:00 PM Managed 129 Fri - 9/8/23 Oktoberfest LH AEG - TBD PAID: 3:30 PM - 8:00 PM Paid - Concert Sat - 9/9/23 Oktoberfest LH AEG - TBD PAID: 3:30 PM - 8:00 PM Paid - Concert Sun - 9/10/23 Farmers' Market AEG - TBD Oktoberfest LH PAID: 3:30 PM - 8:00 PM Paid - Concert Fri - 9/15/23 Bnai Vail Oktoberfest VV Vail Automotive Classic MANAGED: 6:00 PM - 8:00 PM Managed - Bnai Sat - 9/16/23 Bnai Vail Oktoberfest VV MANAGED: 8:30 AM - 10:30 AM Managed - Bnai Sun - 9/17/23 Farmers' Market Oktoberfest VV Sun - 9/24/23 Farmers' Market Bnai Vail MANAGED: 6:00 PM - 8:00 PM Managed - Bnai Mon - 9/25/23 Bnai Vail MANAGED: 8:30 AM - 10:30 AM Managed Sun - 10/1/23 Farmers' Market Thu - 10/5/23 AEG - Bert Kreischer PAID: 3:30 PM - 8:00 PM Paid Sun - 10/8/23 Farmers' Market 130 From:ELIZABETH MUSOLF REILLY To:PublicInputTownCouncil Subject:parking Date:Tuesday, April 18, 2023 10:04:53 AM Hi! I am reading the 4/18/2023 Vail Daily article on summer events parking. I'm wondering if you'd have special consideration for free event parking at the soccer field for those with a valid handicapped parking tag. My parents are 88 and 85 and enjoy coming to Vail from Gypsum for summer concerts. Their mobility is limited, especially with stairs. They are also excessively slow to walk. To park at the structure and walk up and down the stairs to catch the free bus, to be dropped off at another location with more walking would inhibit their ability to attend events and would also increase their risk of trips/ falls. And in addition, they would find themselves late to every event. My hope is that they would not be charged more than others because of their disability. My hope is that the Town of Vail continues celebrates all visitors, regardless of age and ability. Most sincerely, Beth Reilly MPH (she/her) Health, Quality, Compliance, and Assessment Manager Early Childhood Department Eagle County Schools (970) 306-9955 Elizabeth.MusolfReilly@eagleschools.net 131 AGENDA ITEM NO. 6.5 Item Cover Page DATE:April 18, 2023 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Ordinance No. 8, Series of 2023, First Reading, An Ordinance of the Town Council of the Town of Vail Amending Section 4-2-4 of the Vail Town Code to Permit Alcoholic Beverage Tastings at Fermented Malt Beverage and Wine Retailers SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 8, Series of 2023 upon first reading. PRESENTER(S):Matt Mire, Town Attorney VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Tastings-O040523.docx 132 4/13/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@F40BE3DC\@BCL@F40BE3DC.DOCX ORDINANCE NO. ___ SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL AMENDING SECTION 4-2-4 OF THE VAIL TOWN CODE TO PERMIT ALCOHOLIC BEVERAGE TASTINGS AT FERMENTED MALT BEVERAGE AND WINE RETAILERS WHEREAS, C.R.S. § 44-3-301(10) previously authorized a local licensing authority to receive and approve applications for tastings by a retail liquor store or a liquor- licensed drugstore, or to prohibit tastings altogether; WHEREAS, on March 1, 2023, Proposition 125 amended the above-mentioned statutory section to add fermented malt beverages and wine retailers to the list of licensees that are permitted to conduct tastings; and WHEREAS, the Town now desires to amend the Vail Town Code to include fermented malt beverage and wine retailers as licensees that may apply for tastings. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section 4-2-4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 4-2-4: TASTINGS: Pursuant to C.R.S. § 44-3-301(10), as amended, the Town hereby authorizes alcoholic beverage tastings for licensed retail liquor stores, liquor licensed drugstores and fermented malt beverage and wine retailers in the Town, subject to the limitations in C.R.S. § 44-3-301(10), and subject to the approval by the Local Licensing Authority of a tastings permit application in a form approved by the Town Clerk. 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 133 2 4/13/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@F40BE3DC\@BCL@F40BE3DC.DOCX 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. 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 134 AGENDA ITEM NO. 7.1 Item Cover Page DATE:April 18, 2023 TIME:5 min. SUBMITTED BY:Jamie Leaman-Miller, Community Development ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 7, Series of 2023, Second Reading, An Ordinance of the Vail Town Council Repealing and Reenacting Section 12-3- 3 of the Vail Town Code to Simplify and Clarify the Procedures for Land Use Appeals SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance 7, Series of 2023 upon second reading. PRESENTER(S):Jamie Leaman-Miller, Planner VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Staff Memorandum - Ordinance No. 7, Series of 2023.pdf Ordinance 7 - Series of 2023.pdf Attachment B. Staff_Memorandum_PEC22-0032_3-13-23.pdf Attachment C. PEC_Results_3-13-23.pdf Attachment_D._PEC_Results_1-23-23.pdf 135 TO: Vail Town Council FROM: Community Development Department DATE: April 18, 2023 SUBJECT: Second reading of Ordinance No. 7, Series of 2023, 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. (PEC22-0032) Applicant: Town of Vail Planner: Jamie Leaman-Miller I. SUMMARY The applicant, Town of Vail, is proposing to amend Section 12-3-3 Appeals. This update was recommended by the Town’s legal department and is intended to improve the efficiency and clarity of the land use appeals process for all parties. The amendment will update a section of the code which has not seen significant updates in recent years and will bring the code into greater alignment with similar communities II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2023, on second reading. III. DESCRIPTION OF REQUEST Please see Attachment A for the draft ordinance with the proposed language for Section 12-3-3, Vail Town Code. The existing section would be repealed in its entirety and replaced with the proposed language. 136 Town of Vail 2 IV. BACKGROUND The Planning and Environmental Commission (PEC) held a public hearing on the proposed amendment on January 23, 2023. There was discussion as to the best language for the standing sections of who can bring an appeal, and the PEC provided additional recommendations including notifying the owner’s association in multifamily developments. The item was continued to the next regularly scheduled meeting. On February 13, 2023 the item was tabled to the March 13th meeting where it was subsequently heard. The PEC recommended approval in a 6-1-0 vote (Perez opposed). Commissioner Perez recommended notifying not just the HOA but also individual unit owners in multifamily developments. On April 4, 2023, during first reading, Town Council recommended notifying each owner in the case of multi-family properties, as well as adding additional details as to the procedures for the hearing. The ordinance has been updated for the second reading to include language to notify each owner in an association; Sections A.4.d and B.4.d. The following table summarizes the general changes proposed with this amendment. Procedure Existing Section(s) Proposed Section(s) Summary of changes Procedure - noticing B (3) & C(3) A.4.d & B.4.d • Updated language to notice all owners within an association (Revised Apr. 18) Standing B (2) & C (2) Initiation A.3 & B.3 Standing • Reinserted “adversely affected person” to sections (revised March. 13) Hearing Procedure B(3) & C(3) Procedures A.4 & B.4 Procedure • Minor adjustments to deadline for filing appeal and scheduling a public hearing • Appeals are “de novo,” review body or council may adopt procedures for the public hearing • Removed appeal form reference, consolidated fee section (Table cont.) 137 Town of Vail 3 Administrator Determination B (2) & C (2) A.4.b & B.4.b • 7-day period from appeal for administrator to determine standing • Administrator determination of standing not subject to further appeal Council Call-Ups C (2) Section C • Relocated council call-ups to Section C, proposed. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2023, on second reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on second reading, Ordinance No. 7, Series of 2023, an ordinance amending Section 12-3-3 Appeals, to simplify and clarify the procedures for land use appeals and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 7 Series of 2023, the Planning and Environmental Commission recommends the Council make the following findings: “The Vail Town Council 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; 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. 7, Series of 2023 B. Staff Memorandum to PEC, March 13, 2023 C. PEC Minutes, March 13, 2023 D. PEC Minutes, January 9, 2023 138 ORDINANCE NO. 7 SERIES 2023 AN ORDINANCE OF THE VAIL TOWN COUNCIL REPEALING AND REENACTING SECTION 12-3-3 OF THE VAIL TOWN CODE TO SIMPLIFY AND CLARIFY THE PROCEDURES FOR LAND USE APPEALS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-3-3 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-3-3: APPEALS AND CALL-UP: A. Appeals of administrative decisions. 1. Purpose. The purpose of this subsection A is to provide an avenue to appeal a final administrative decision based on a belief that there was an error in a final administrative decision made by the Administrator under Titles 11, 12, 13 and 14 of this Code. 2. Applicability. This subsection A shall apply to final administrative decisions of the Administrator. For purposes of this subsection A, a "final administrative decision" is a written decision of the Administrator interpreting a specific provision of this Code. 3. Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent to the property that is the subject of the application; or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons. 4. Procedure. a. A notice of appeal shall be filed within 20 days of the final administrative decision. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee as established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal. b. Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have 139 standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal. c. If the Administrator determines that the appellant has standing, the Administrator shall determine the appropriate review body. Appeals of administrative decisions related to design guidelines shall be heard by the Design Review Board. All other appeals of administrative decisions shall be heard by the Planning and Environmental Commission. The Administrator shall schedule a public hearing before the applicable review body at its next available meeting to occur within 60 days of the standing determination. d. At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the hearing to the appellant, the applicant and adjacent property owners, by first class U.S. Mail, postage prepaid. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to each owner within the association at the address according to the Eagle County Assessor as of the date of the filing of the appeal. e. All appeals shall be de novo, and the review body many consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision being appealed was incorrect. The review body may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any. f. The review body shall review the appeal based on the applicable standards and criteria in the Town Code. The review body shall affirm, modify or overturn the final administrative decision, and shall issue written findings to support its decision. The review body may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the decision shall not be final until such findings have been adopted. g. The decision of the review body is subject to further appeal as set forth in subsection B hereof. 4. Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal. 140 B. Appeals of decisions by the Planning and Environmental Commission, Design Review Board, and Art in Public Places Board. 1. Purpose. The purpose of this subsection B is to provide an avenue to appeal a final decision based on a belief that there was an error in a decision made under the relevant Title of the Town Code. 2. Applicability. This subsection B shall apply to final decisions made by the Planning and Environmental Commission, Design Review Board, or Art in Public Places Board with respect to the provisions of the Town Code. 3. Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent to the property that is the subject of the application, or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons. 4. Procedure. a. A notice of appeal shall be filed within 20 days of the decision being appealed. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal. b. Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal. c. If the Administrator determines that the appellant has standing, the Administrator shall schedule a public hearing before the Town Council to occur within 60 days of such determination. d. At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the he aring to the last known addresses of the applicant, appellant and adjacent property owners by first class U.S. Mail. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to each owner within the association at the address according to the Eagle County Assessor as of the date of the filing of the appeal. 141 e. All appeals shall be de novo, and the Town Council may consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision was incorrect. The Town Council may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any. f. The Town Council shall review the appeal based on the applicable standards and criteria in the Town Code. The Town Council shall affirm, modify or overturn the decision, and shall issue written findings to support its decision. The Town Council may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the Town Council's decision shall not be final until adoption of such findings. 5. Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal. 6. Further review. The decision of the Town Council on any appeal is final, subject only to judicial review as allowed by law. C. Call-up by Town Council. The Town Council may call up any decision of the Planning and Environmental Commission or the Design Review Board or the Art in Public Places Board, by a majority vote of those Town Council members present, within 20 days of the decision being called up. Once called up, the decision shall be reviewed in the same manner as an appeal, provided that no finding of standing shall be necessary, and there shall be no burden of proof. 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 142 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of April, 2023 and a public hearing for second reading of this Ordinance set for the 18th day of April, 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 18th day of April, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 143 TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 13, 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 12-3-3 Appeals, to simplify and clarify the procedures for land use appeals and setting forth details in regard thereto. (PEC22-0032) Applicant: Town of Vail Planner: Jamie Leaman-Miller I. SUMMARY The applicant, Town of Vail, is proposing to amend Section 12-3-3. This update was recommended by the Town’s legal department and is intended to improve the efficiency and clarity of the land use appeals process. The amendment will update a section of the code which has not seen significant updates in recent years and bring the code into greater alignment with similar communities. II. DESCRIPTION OF REQUEST The applicant, the Town of Vail, is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for amendments to Sections 12-3-3, pursuant to Section 12-3-7, Amendment, Vail Town Code, to simplify and clarify the procedures for land use appeals. 144 Town of Vail Page 2 III. PROPOSED TEXT AMENDMENT LANGUAGE Please see Attachment A for the draft ordinance with the proposed language for Section 12-3-3, Vail Town Code. The section would be repealed in its entirety and replaced with the proposed language. The following table summarizes some of the general changes made with this amendment. Procedure Existing Section(s) Proposed Section(s) Summary of changes Standing B (2) & C (2) Initiation A.3 & B.3 • Reinserted “adversely affected person” to sections (revised March. 13) Hearing Procedure B(3) & C(3) Procedures A.4 & B.4 • Minor adjustments to deadline for filing appeal and scheduling a public hearing • Appeals are “de novo,” review body or council may adopt procedures for the public hearing • Removed appeal form reference, consolidated fee section Administrator Determination B (2) & C (2) A.4.b B.4.b • 7-day period from appeal for administrator to determine standing • Administrator determination of standing not subject to further appeal Please see Attachment C for a redlined version of the changes made since the last meeting on January 23rd. Those changes are also summarized below. • Reinserted “adversely affected person” to Standing sections (A3 & B3) • Added language to notify owner’s association to A.4.d and B.4.d • Revised A.2 Applicability • Relocated Town Council call-ups to new Section C 145 Town of Vail Page 3 IV. 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 regarding the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. V. 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: 146 Town of Vail Page 4 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 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. VI. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. 147 Town of Vail Page 5 VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general 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”. The amendment brings clarity and simplicity to the process through which applicants can question administrative or board decisions they believe were made in error. 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 Staff finds that the proposed amendment will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. The amendment increases the transparency and efficiency of this process, thereby furthering the goals and objectives of the comprehensive plan. 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 section in question has not seen significant updates in more than two decades. The amendment will clarify the appeals process, as well as bring this section up to date with more recent code amendments. Staff finds that the proposed text amendment meets this criterion. 148 Town of Vail Page 6 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff finds that the text amendment will ensure a harmonious, expedient, workable relationship among land use regulations consistent with the Town’s development objectives. The amendment improves the process through which a decision may be appealed. Staff finds that the proposed text amendment meets this criterion. 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendment. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VII 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 12-3-3 Appeals, to simplify and clarify the procedures for land use appeals and setting forth details in regard thereto. (PEC22- 0032) 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: 149 Town of Vail Page 7 “Based upon a review of Section VII of the March 13, 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 Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." IX.ATTACHMENTS A.Draft Ordinance Amendment Title 12-3-3 B.Current & Proposed Code - redline C.March 13th Revisions - redline D.PEC Minutes January 23, 2023 150 Planning and Environmental Commission Minutes Monday, March 13, 2023 1:00 PM Vail Town Council Chambers Present: Brian Judge Karen Perez Henry Pratt Absent: None Bobby Lipnick Reid Phillips Bill Jensen John Rediker 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 PEC23-0002 - A request for the review of a Conditional Use Permit, pursuant to Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of a new artist studio to replace the current cottage residence in the Gerald R. Ford Park, located at 183 Gore Creek Dr/ Unplatted and setting forth details in regard thereto. Planner: Heather Knight Applicant Name: Town of Vail, represented by Greg Hall Staff Memo PEC23-0002.pdf Attachment A. PEC_Art_Studio_02132023-narrative.pdf Attachment B. VAC_3.2_Council_presentation_AIPP.pdf Attachment C. Survey-FordPark_ partial.pdf Attachment D. Vail Ford Park Art Cottage Site Plan.pdf Attachment E. Existing-Structural_report.pdf Attachment F. Title_Commitment_04012022.pdf Planner Knight gives a short presentation on the location of the current cottage and the proposed use to replace the cottage. She goes over the existing zoning and how the proposed use fits into the Conditional Uses in the zone district. The use is in line with the Comprehensive Plan and goals of the Ford Park Master Plan. Pratt asks why not a dwelling. Knight answers that a dwelling unit is not a permitted use in the General Use zone district. Judge asks where DRB falls in line with this review. Knight answers that they will review if this is approved. Greg Hall, Public Works Director, representing the applicant gives a short explanation of why the application is before the PEC. Molly Eppard, Art in Public Places Coordinator, explains how the AIPP Board decided to move in the direction to bring an artist studio to Ford Park. There was monetary dedication to the AIPP to pursue a use of the current space but was found to be not structurally viable. The result was to get a design to Planning and Environmental Commission Meeting Minutes of March 13, 2023 1 151 replace the structure. She goes over what an artist in residency means. A variety of uses were contemplated, and it was decided to be used for the working artist studio. Perez asks how many of the neighboring towns have this with a dwelling unit. Why are we not doing so at this time? Planner Knight answers that there may be a way, but it is not the current proposal before us, as it does not fit within the Ford Park Master Plan. Greg Hall answers that they are also looking to minimize the footprint in that area and there are a number of constricting factors in the area. It doesn't seem to be a good place to add a unit. Jensen adds that generally artists are only there for a couple weeks and stay at hotels or with someone on an art board. This space is not an appropriate use for housing. As many as 6-9 artists may be through here and the community will find ways to house these people while they are visiting. Molly adds that they may have artists once at a time and have had great sponsorship in the past. Rediker brings the focus back to the criteria and conditions in the staff memo. He goes over the proposed structure and site planning. Hall explains all the setup of the unit, setbacks, size, and location. Rediker asks about the height. Hall explains the height and the expanded interior for additional light and working space. It is taller than the existing structure to accommodate bigger pieces and the structure will be sized to hang art. Rediker asks if any trees are being removed. Hall answers, no, only some trimming would take place. Fire resistant materials are going to be used. Rediker asks about the landscaping. Hall answers that there aren't any plans currently. DRB may require more, but none is proposed at this time as the park is heavily landscaped in general. Rediker asks about parking. Hall answers that they will use the existing path to transport materials and access the building. They can use the parking up at the top and we don't anticipate needing any additional spaces. Handicap accessible spaces are available by the amphitheater. Judge asks why the building was being moved from the current location to the proposed area. He is concerned about moving it closer to the trees and possible impacts to those. Hall said they reduced the size of the building to fit in between the trees. The town plans to bring in an arborist and do a lot of hand digging in that area. To avoid the dripline, it would change the orientation of the building or bring it too close to the path. Judge wants it to be in the location it currently is to be less impactful to the trees surrounding the building. He wants to know if artists have been reached out to on how they would like it designed and what works for artists. Planning and Environmental Commission Meeting Minutes of March 13, 2023 2 152 Molly answers that they have worked with artists and gotten a consultant on board to help with that proposal. Judge wonders if utility load has been considered. Hall answers that the structure will meet building code and are proposing 100% electric. No solar is being proposed because of the orientation and pitch of the roof. Judge challenges the architect or DRB to find a design that will not dump snow onto the patio. Hall goes back to the location. Judge was looking for the reason it was moved and if there isn't one, then why not leave it where is. Hall answers it was a leftover from a previous design that allows for some outdoor gathering. Rediker talks about the trees and how the building will impact those directly around it. Is it better to remove one and give the other trees more space? Hall answers that there are stream setbacks and preservation zones that start to become an issue. He goes over the fire free five requirements. Molly says the AIPP board and the architect reviewed the trees as part of the design and the preservation of them is key. He designed it specifically to keep those and fit within. Judge asks what the benefit to the Town is with this structure? Hall goes over the zoning and the conditional use. Phillips agrees with Judge. The current location of the existing structure seems the most sensible. Rediker asks about the path. Hall explains that there will be a path added to the entry. Pratt asks if there will be a path to the back. Hall answers that it will be used infrequently, and they may use protectors on the lawn on the occasion that it is needed. Rediker opens public comment. No public wishes to comment. Public comment is closed. Pratt happy to see this coming to fruition. Would like to see some snow/weather protection for the patio. Lipnick asks about the goal to create an "exceptional art collection" and if there will be a gallery in this building. Molly answers that no, there will be no gallery there. Lipnick asks about the community engagement. Molly says that it will be open to the public for some times to allow for activities or demonstrations. There is some plan for activities with the artist in the area. Planning and Environmental Commission Meeting Minutes of March 13, 2023 3 153 Hall adds that some art made in this building may stay in Vail, but siting is dependent on the AIPP Board. Jensen understands the proposed siting. He would be sad to see the trees fall into ill-health as a result of the addition of this building. He encourages the effort be made to preserve the trees. Rediker shares the concerns on the siting of the building. Believes the use meets the criteria laid out for conditional use. Sites objective 1.4 as a basis for why siting is important to preserve the trees. Thinks that this could be moved closer to the current location and have a better chance of maintaining those trees. Would like there to be a conversation with the architect about possibly re-siting the building. Discussion around how this will meet the Wildland Fire design elements. Rediker asks about a condition that may add additional review about the preservation of the trees. Judge goes over the trees that are there and his concerns with regard to preserving them. Rediker would like to see some sort of condition that requires additional review for a landscaping plan that best preserves the trees. Reid Phillips made a motion, with a condition, to Approve; Bobby Lipnick seconded the motion Passed (7 - 0). Condition: The DRB approve the landscaping plan with a building siting that preserves existing trees on site. 3.2 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. Planner: Jamie Leaman-Miller Applicant Name: Town of Vail, represented by Matt Gennett Staff Memorandum PEC22-0032_3-13-23.pdf Attachment A. Draft Ordinance Amendment Title 12-3- 3.pdf Attachment B. Current & Proposed Code - redline.pdf Attachment C. March 13 Revisions - redline.pdf Attachment D. PEC Results 1-23-23.pdf Planner Leaman-Miller gives a short presentation on the proposal and the revisions since the last meeting. Standing was revised to include "adversely affected persons". Notification was added with regard to multi-family developments as well as relocating the section for Town Council Call-ups. Perez asks about the notification for the Owner's association. Judge asks about how that is done for the DRB and that it would be the HOA, not the unit owner. Perez believes that there should be individual owners notified in addition to the HOA. The language does not say that, it was changed to just the HOA. Judge asks if timeline was changed. Planning and Environmental Commission Meeting Minutes of March 13, 2023 4 154 Leaman-Miller says some were changed to be more clear, but no large changes to the timeline. Rediker asks if PEC still has ability to call up staff determinations is maintained. Matt Gennett says that will be maintained, and is relatively rare for the PEC. Rediker ask about the determination of standing. When the administrator makes the determination of standing, and no standing is found, then the next step would be the courts, and not any other process with the Town. Matt Mire, town attorney, agrees, they could go to district court, but not with the Town. Public Comment is opened. Dominic Mauriello, representing himself, is concerned about the administrative determination section. The language references applications, and in some instances decisions are requested without applications. Adding the requirement for an application is a larger burden. Matt Mire notes that this was added as "or any adversely affected person", in the code. Matt Mire explains how this would come into play for the planning commission. Mauriello notes that was his only comment, and he's ok with what is proposed. Rediker ask a question based on the language and how the "adversely affected person" allows for the situation Dominic was asking about. Matt Mire confirms that anyone could file an appeal under that language for an administrative determination without an application. Mauriello notes that he is concerned how it will be interpreted later. Rediker notes that there isn't much that can be done about that. These minutes are going to be part of the record. Public comment is closed. Perez would like to see language changed to include adjacent property owners and HOAs, not just HOAs. Would like to see a condition that it be added prior to the Town Council review. Rediker notes that the comments have been met from the original meeting. The broad language will work. It is an important section to allow for challenges if mistakes are made. These are important sections and policy decisions that are being set. Public comment is reopened for Dominic Mauriello. He notes that today you are only required to notify the HOA and if you require that adjacent units in addition to the HOA, then it could raise difficulties. It would be better to send to either the HOA or all unit owners. Public comment closed. Rediker appreciates the concern from Commissioner Perez. The HOA should be notifying all owners. Is it the Town's concern if the HOA has good management or not? Doesn't want to put too much responsibility on the Town to figure out who is next to the property. Perez says sometimes the HOA should be notified and has not been notified. In the last five years the Planning and Environmental Commission Meeting Minutes of March 13, 2023 5 155 HOA she sits on has not been notified when she believes they should of. Would like to see the belt and suspenders version to get more notice out there. More up front notification could solve issues. Mire adds that we will note this for the record and Town Council will see that. Karen Perez made a motion to forward a recommendation of approval with a condition that the word "also" be added to the section in 4d "if adjacent property owners are in a planned community" if "also" mailed to"; no second. Motion fails. Henry Pratt made a motion to forward a recommendation of approval with findings on pages six and seven of the staff report; Reid Phillips seconded the motion Passed (6 - 1 (Perez opposed)). 4. Approval of Minutes 4.1 PEC Results 2-27-23 PEC_Results_2-27-23.pdf Reid Phillips made a motion to Approve: Bill Jensen seconded the motion Passed (7 – 0). 5. Information Update Update on appointments was made by staff. Rediker talked about Lunch with the Locals that is on Wednesday. Encouraged commission members to attend. 6. Adjournment Bill Jensen made a motion to Adjourn; Karen Perez seconded the motion Passed (7 – 0). Planning and Environmental Commission Meeting Minutes of March 13, 2023 6 156 Present:Bobby Lipnick Karen Perez John Rediker Henry Pratt Bill Jensen Reid Phillips Brian Judge 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 Planner: Jamie Leaman-Miller Applicant Name: Town of Vail, represented by Matt Gennett 3.1 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. Planner Leaman-Miller gives a short presentation on the item and the proposal. The proposal amends the Town Code section on Land Use Appeals. Minor changes are proposed to bring the section up to date with current legal requirements. A summary of the proposed changes is presented by staff. Criteria for review are shown and staff is recommending approval of the application. Rediker has questions on some of the changes. He wants to make sure that the right to appeal is preserved. He has a question on 12-3-3(C) and requests existing and proposed to be pulled up. The existing code today doesn't state if a majority is needed to call up a decision where the proposed code does state the majority is needed. What do we do today? Planner Roy states that a majority is needed today and that is not changing. Rediker brings up the omission of the "aggrieved person" and why the Town is proposing to remove that section. Planner Roy states that it is a legally gray area and to make it clear and defensible the proposed language omits that. Town Attorney Matt Mire goes over some additional information and adds that one of the reasons for changing the language is because the word "aggrieved" is antiquated. Planning and Environmental Commission Minutes Monday, January 23, 2023 1:00 PM Vail Town Council Chambers Staff Memorandum PEC22-0032_1-23-23.pdf Attachment A. Draft Ordinance Amendment Title 12-3-3.pdf 1 Planning and Environmental Commission Meeting Minutes of January 23, 2023 157 Perez asks why we don't add a definition to that affect. Mire states there is one today. Rediker questions if it is that big of an issue that we need to change it? Mire states it is harder to draw a line who does or does not have standing today. Rediker brings up an example appeal and how that appeal was addressed. He questions why people are bringing the appeals to certain projects. Mire notes that some have been found to have been aggrieved but not all of those aggrieved had legal standing. Rediker questions the effect that this new code would have had on previous appeals. Mire says we can open up adjacent to be a bit more inclusive, as the example case had at least 10 appeals that did not have legal standing. Rediker, we want to not promote frivolous litigation, but the public should have the ability to appeal. Mire, we can see that Vail is unique and perhaps we allow a few more people to have ability to appeal. We can expand the definition of "aggrieved". Rediker and Mire go back and forth on who can appeal or not. Mire notes staff is not proposing this as the only option and that the language can change if the PEC so desires. Perez sent a redlined version to staff and other commission members. Discussion on who can appeal or not is continued. Perez has a question on the "De Novo" portion of the language. A quote from the language on the relevant section is read. Mire says it was a combination of a couple sections in the existing ordinance of the code. The other option is a record approach which is not seen as adequate. De Novo is the standard for communities. A transcript and following only the transcript without hearing any more information is generally not done. Perez understands that instead of interpreting it as de novo the proposed language now explicitly states such. Mire confirms. Rediker brings up the aggrieved person again to see if anyone else has comments on it. Mire reiterates that can be changed. Pratt agrees that aggrieved is pretty overly broad and open-ended, but also wants it to be more open than adjacent. Can we raise the bar but not shut out the people that have a legitimate conflict? Does "materially affected" make it more narrow? Perez suggests materially affected or aggrieved. Discussion between the various terms that could be used ensues. 2 Planning and Environmental Commission Meeting Minutes of January 23, 2023 158 Mire can do more research on another way to do that. Phillips agrees with staff and legal, that it needs to be narrowed down. He likes the adjacent property owners. There is concern about how broad it is today and aggrieved seems arbitrary and archaic. It can bring a lack of surety to projects and development with the amount of general public that can make appeals. It can bring upon frivolous grievances and stall development progress. Mire says that it goes back to the fact that there is a public process through the public hearings that take place. This tries to separate public right to comment from legal standing to appeal a decision. Who from the crowd that has opinions actually has legal standing. Phillips thinks the existing language is old and needs changing. Lipnick thinks the new language does a good job of tightening things up. Does the dates for appealing or determining standing change? Commissioner Jensen and Judge were online and were unable to hear due to technical issues with the Zoom meeting. At this point they have joined the meeting with audio and video. Rediker recaps the discussion to that point. Jensen states that they have missed the first 35 minutes of the meeting and does not feel comfortable voting after missing the discussion. Rediker states this will likely be tabled for changes and goes over the different points of the discussion made previously. He recommends that they will review the video and they can comment on the next meeting. Would like to move this forward and open up the floor to other portions of the language for comments. Mire summarizes what he heard to this point on aggrieved persons. Adjacent is too narrow but aggrieved is too open. He refers to those who have legal standing and will try to narrow down to those who are materially or adversely affected. Phillips doesn't like aggrieved, but it could be "adversely affected" and adjacent property owners. Rediker notes he is not there at this point and has concerns about the previous appeals heard in the recent years such as Booth Heights. Members of the community should have the ability to appeal decisions that affects the whole community. Not a fan of frivolous lawsuits, but doesn't want to be too narrow either way. Mire reminds that it is a legal process and who has property rights affected by decisions. Rediker notes that committee will move on and brings up another section on findings. The existing code has provisions that specific findings must be found by the board hearing the appeal. The new language states "preponderance of evidence" that doesn't seem to be in the existing code. New code also only states criteria and Town Code but not Master Plans. Should we have that included so we can bring those into the decision making. Rediker comments that the committee shouldn't limit to Code, but look at Master Plans, too. Mire answers that it has always been done by a preponderance of evidence even if not stated. Will add something for master plans that have been adopted. Rediker clarifies that preponderance of evidence means that it is more likely than not that an application is meeting the criteria. Wants to make sure that everyone else understood what that meant. Brings up "conduct of hearing". What does it mean that town council can set standards by "administrative rule"? 3 Planning and Environmental Commission Meeting Minutes of January 23, 2023 159 Mire states that this goes back to a recent appeal at Booth Heights where a resolution to set rules was required because the public comment situation was confusing. If a judge were to look at a transcript of the hearing of an appeal, he would have to ignore all the public comment as they have no standing. This allows them to set rules around time of speaking and procedure of how to handle the appeal meeting. Rediker confirms his understanding of what Mire stated. That this is only for appeals, and not for general public comments as this commission has not set limits on public comment in the past.12-3-3E is quoted. There is a change in explicit right to appeal that is dropped. Mire comments that this is only a restating of the CO state law and we don't control that. Removing it from our code does not preclude anyone from using that right. Those are state rights, not controlled by our code. Rediker reiterates that changing the language in our code does not take away the state statute of the right of appeal. Perez has questions on Section 3 procedure and the language on noticing that was removed. In this community there are a lot of condos that may require some additional noticing. The existing language on who must be noticed should be re-added, specifically the reference to notifying condominium associations. She is concerned that individual residents do not receive noticing and this is not wise to remove this specific language. Staff notes that language can be added back in. Perez questions appeals for sign regulations. Staff notes that is in the purpose statement that it applies to Title 11. Rediker asks about the timeline of the dates related to hearing an appeal. Staff answers that it was simplified by going from 30 or 40 days with an option for continuance; is now changing to 60 days with no continuance. Pratt asks about not allowing the standing determined by the administrator to be appealed. Mire answers that it is subject to legal appeal outside of the Town process, but not inside the Town. Rediker clarifies that today the appellant can appeal the administrators determination of standing and it will go to the relevant board or council for determination. Mire says we can include that language to allow that as well. It is very rare we get an appeal on whether standing was accurately determined. Discussion takes place on when the PEC could hear an appeal and what that would look like. Rediker would like to have it handled in the Town and that this section should be added to the new language. Jensen appreciates the detail of the discussion and looks forward to the next meeting with the feedback given and the language that will come back to the Commission. Judge concurs with Jensen. There was a general feeling that it was removing opportunity to appeal and glad to see that is being discussed and revised moving forward. 4 Planning and Environmental Commission Meeting Minutes of January 23, 2023 160 Mire states that we can take the comments and come back with some revised language. More than one option may be presented next time, he recognizes that it is important for options and voices to be heard but also legal rights to be identified. Rediker reiterates that it doesn't need to be frivolous but needs to remain somewhat open. Perez would like to see two redlined versions. One from current and one from proposed today. Discussion around providing redlined versions ensues. Pratt appreciated the summary of changes in table form. It was easy to understand from a non-legal background perspective. Public comment is opened, no one in the room, no hands raised on Zoom for public comment. Public comment is closed. No further discussion. 4.Approval of Minutes 4.1 PEC Results 1-9-23 5.Information Update 6.Adjournment Karen Perez made a motion to Continue to the next regularly scheduled meeting.; Henry Pratt seconded the motion Passed (7 - 0). Bobby Lipnick made a motion to Approve (Phillips abstained due to absence at the last meeting); Karen Perez seconded the motion Passed (6 - 0). PEC Results 1-9-23.pdf Karen Perez made a motion to Adjourn ; Henry Pratt seconded the motion Passed (7 - 0). 5 Planning and Environmental Commission Meeting Minutes of January 23, 2023 161