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Home My WebLink About2023-08-16 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1 July 18, 2023 TC Meeting Minutes 3.2 Resolution No. 29, Series of 2023, A Resolution Approving the Purchase of Residential Property (Timber Ridge Parcel) Approve Resolution No. 29, Series of 2023, to authorize the Town Manager to enter into an agreement, approved by the Town Attorney, to purchase Timber Ridge Parcel (North Frontage Road West), in the amount not to exceed $1,715,000 plus closing costs. Background: The Town of Vail Housing Department has met with CDOT representatives with the intent of acquiring three parcels of land within Vail for the expressed purpose of advancing the Town’s adopted housing goal, adding more open space, and providing trailhead parking. 3.3 Resolution No. 30, Series of 2023, A Resolution Approving the Purchase of Residential Property (West Middle Creek Parcel) Approve Resolution No. 30, Series of 2023 to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, to purchase West Middle Creek Parcel (North Frontage Road), in the amount not to exceed VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and virtually via Zoom Zoom meeting link: https://us02web.zoom.us/webinar/register/WN_gz_3yyS_T0SU9wIlgCTWHg 6:00 PM, August 15, 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. July 18 TC Meeting Minutes.pdf CDOT Parcel Acquisitions Memorandum 08152023.docx Resolution No 29 Series of 2023.doc 1 $2,277,000 plus closing cost. Background: The Town of Vail Housing Department has met with CDOT representatives with the intent of acquiring three parcels of land within Vail for the expressed purpose of advancing the Town’s adopted housing goal, adding more open space, and providing trailhead parking. 3.4 Resolution No. 31, Series of 2023, A Resolution Approving the Purchase of Residential Property (Bighorn Parcel) Approve Resolution No. 31, Series of 2023 to Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, to purchase Bighorn Parcel (Columbine Drive and Spruce Way) in the amount not to exceed $2,410,500 plus closing costs. Background: The Town of Vail Housing Department has met with CDOT representatives with the intent of acquiring three parcels of land within Vail for the expressed purpose of advancing the Town’s adopted housing goal, adding more open space, and providing trailhead parking. 3.5 Resolution No. 32, Series of 2023, A Resolution Approving the Purchase of Residential Property Approve Resolution No. 32, Series of 2023 to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, to purchase Buffer Creek Condominium, Unit A2, 1860 Meadow Ridge Road, Vail, CO. 81657, in the amount not to exceed, $765,000, plus closing costs. Background: The ability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the fourth largest employer in Vail. the Town of Vail too is challenged by the need for housing for its workforce. AS the FTE count for the Town grows so does it's need to support housing for the employees. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including "buying down" homes for purchase by Town of Vail employees. Availability of adequate housing remains a primary barrier to acceptance of employment offers for the Town of Vail. 3.6 Contract Amendment for Taste of Vail Authorize the Town Manager to amend the agreement with Taste of Vail, in a form approved by the Town Attorney, in the amount of, and not to exceed $60,000, with $45,000 in the initial funding contract and $15,000 in the amendment. Staff Recommendation: As part of the 2nd cycle of event sponsorship proposals reviewed by the Committee on Special Events in April 2023, the Taste of Vail submitted a request for supplemental sponsorship funding. The request was reviewed CDOT Parcel Acquisitions Memorandum 08152023.docx Resolution No 30 Series of 2023.doc CDOT Parcel Acquisitions Memorandum 08152023.docx Resolution No 31 Series of 2023.doc Resolution No. 32, Series of 2023.doc 2 by the CSE and the Event Funding Committee. Subsequent meetings were held between CSE representatives, town staff, and the Taste of Vail Board to evaluate the sponsorship request and a final amount of $15,000 additional sponsorship was recommended. 3.7 Contract Award to Colorado Gold and Turf to purchase four Electric Delivery Carts Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with Colorado Golf and Turf to purchase four electric delivery carts, in an amount not to exceed $163,938.31. Background: The 2023 Capital Improvement Projects (CIP) budget includes $250,000 for the purchase of electric delivery carts for the e-delivery program. Staff have spent the last 18 months testing various electric carts to ensure the best long- term solution for the program. 3.8 Contract Award to Populous for Dobson Ice Arena Major Renovation Project Authorize the Town Manger to enter into an agreement, approved by the Town Attorney, with Populous for Dobson Ice Arena Major Renovation Project, in an amount not to exceed $3,882,524. Background: The Town of Vail owns the Dobson Ice Arena and leases it on a long-term agreement to the Vail Recreation District. The arena was originally build in 1979 and has had one addition, plus smaller remodels, performed over the years. There has not been a major remodel completed of the entire arena. This facility is well-worn and in need of a major update. Over the last four months, Populous has worked to complete the conceptual programming and budget to allow the project to move forward. 3.9 Contract Award to Hyder Construction for Municipal Building HVAC System Replacement Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with Hyder Construction for to replace the mechanical HVAC system at the Town Municipal Building, in an amount not to exceed $1,205,180. Background: The Town of Vail previously awarded Hyder Construction a contract on March 7, 2023, for the replacement of the Mechanical Equipment for the Vail Municipal Building. This was based on preliminary set of plans at the time. There have been additional design details, in addition for the need to provide final design conformance to ensure the equipment will properly fit and function as intended. Council Memo - 08-15-2023 Consent Agenda - Taste of Vail Supplemental Funding.docx contractapprovalcarts.docx Council_Memo_Populous_Design_Award_081523.docx Council Memo Hyder re Award 081523.docx TOV Muni Mechanical Upgrades 07.11.2023 - Final - VARIANCE 08.09.2023.pdf 3 4.Town Manager Report (10 min.) 4.1 Town Manager Report 4.2 Council Matters and Status Report 5.Action Item 5.1 Winter Parking Discussion 15 min. Provide direction to the staff regarding the recommended winter 2023-2024 Parking Plan to set the rate calendar, set the rates, and set the offered passes and pricing. Presenter(s): Greg Hall, Director of Public Works and Transportation and Stephanie Kashiwa, Parking Operations Manager Background: The Vail Parking & Mobility Task Force met on July 21 & August 8, 2023, to review the 2022-2023 winter season and to make recommendations for the Winter 2023- 2024 Parking Program. The Task Force also reviewed information from the consultants of Fehr & Peers on the Transportation and Mobility Master Plan and discussed goals of the group going forward. 6.Public Hearings 6.1 Ordinance No. 14, Series of 2023, Second Reading, an Ordinance of the Town Council of the Town of Vail, Colorado Repealing and Reenacting Section 1-5-8 of the Vail Town Code, Regarding Compensation for the Mayor and Town Council Members 5 min. Approve, approve with amendments, or deny Ordinance No. 14, Series of 2023 upon second reading. Presenter(s): Krista Miller, Director of Human Resources and Risk Management Background: The Town Council reviewed comparable community elected council compensation and requested an update to Council Compensation with the intent of encouraging demographic diversity of future councils and streamlining the process for adjustments to these compensation rates. 6.2 Ordinance No. 15, Series 2023, Second Reading, An Ordinance Repealing and Reenacting Section 7-3B-8 of the Vail Town Code, Regarding the Regulation of Boots on Motor Vehicles 5 min. Approve, approve with amendments, or deny Ordinance No. 15, Series 2023 upon second reading. Presenter(s): Chief Ryan Kenney, Vail Police Department Town Manager Update 081523.pdf 230815 Matters.docx Council Memo 8.23.doc Public Input.pdf CouncilMemo_2023-08-01_Council_Compensation_Ordinance (1).docx Council_Compensation_Ordinance-O070623.docx 4 Background: Staff is asking Council to approve changes to the Town's booting ordinance. The requested changes will bring the Town of Vail in line with PUC regulations. 6.3 Ordinance No. 16, Series of 2023, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code to Clarify the Requirements for the Issuance of a Building Permit 5 min. Approve, approve with amendments, or deny Ordinance No. 16, Series of 2023 upon second reading. Presenter(s): Matt Mire, Town Attorney Background: The applicant, Town of Vail, is proposing to amend Section 12-3-9 Compliance; Violations; Penalties. This update was recommended by the Town’s legal department and is intended to clarify the requirements for issuance of a building permit. 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. 7.Adjournment 6:55pm (estimate) councimemobooting.docx Bootingordinance.docx Ordinance No. 16, Series 2023 Staff Memorandum.pdf Attachment A. Ordinance No. 16, Series of 2023 -O072123.pdf Attachment B. PEC23-0009 Memo 7-10-23.pdf Attachment C. PEC Minutes 7-10-23.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. 5 AGENDA ITEM NO. 3.1 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:July 18, 2023 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: July 18 TC Meeting Minutes.pdf 6 Town Council Meeting Minutes of July 18, 2023 Page 1 Vail Town Council Meeting Minutes Tuesday, July 18, 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 Seibert 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 There was none. 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1 June 6, 2023 TC Meeting Minutes Foley made a motion to approve, Mason seconded motion passed (6-0, Langmaid abstained because she was absent the meeting). 3.2 June 20, 2023 TC Meeting Minutes Foley made a motion to approve; Coggin seconded motion passed (7-0). 3.3 Resolution No. 26, Series of 2023, a Resolution Approving an Intergovernmental Agreement between the Town of Vail and the Eagle County Clerk and Recorder Concerning a Coordinated Election on November 7, 2023. Approve, approve with amendments or deny Resolution No. 26, Series of 2023. 7 Town Council Meeting Minutes of July 18, 2023 Page 2 Background: The Town of Vail wishes to enter into an Intergovernmental Agreement with Eagle County Clerk and Recorder for the purpose of conducting a coordinated election on November 7, 2023. Coggin made a motion to approve; Foley seconded motion passed (7-0). 3.4 Resolution No. 27, Series of 2023, A Resolution Approving an Intergovernmental Agreement with the Town of Avon, Eagle Vail Metro District and Eagle County Government for distribution of the CDOT Office of Innovative Mobility Grant for the Shift Bike Share Expansion to Provide for the Distribution of Funds Relating to a Certain Transportation Demand Management Innovation Grant from the Colorado Department of Transportation to Fun the Shift Bike Electric Bike Share Program Expansion Project Approve, approve with amendments, or deny Resolution No. 27, Series of 2023. Background: The Town of Vail, Town of Avon, Eagle Vail Metro District, Eagle County, and Edwards Metro District partnered in 2023 to expand the Shift Bike regional electric bike share program. The partner communities secured $50,000 through the Colorado Department of Transportation’s Transportation Demand Management Innovation Grant to help proportionately offset the expansion costs in each partner community. The Town of Vail was the lead applicant for the grant and administering entity for grant reporting requirements and distribution of the funds to the other partner communities. The IGA allows for Town of Vail to distribute allocated grant funds. Davis made a motion to approve; Mason seconded motion passed (7-0). 3.5 Contract Award to Sigma Tactical Wellness for the Annual Officer Wellness Check Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Sigma Tactical Wellness for the Annual Officer Wellness Check, not to exceed $53,000.00. Background: The purpose of this item is to receive Council's approval for the Vail Police Department's Annual Sigma Officer Wellness Check. This is a program Vail Police Department has been doing for many years to ensure our officers are physically healthy to perform their jobs to the best of their abilities. Mason made a motion to approve; Staufer seconded motion passed (7-0). 3.6 Contract Award to Lazano's Welding, Gallegos Masonry, & Intermountain Painting for Structural Replacement to Stair #5 in the Vail Village Parking Structure Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Lazano's Welding for the Structural Replacement Project, not to exceed $224,700.00, Gallegos Masonry for a sum not to exceed $13,700.00, and Intermountain Painting for a sum not to exceed $7,200.00. 8 Town Council Meeting Minutes of July 18, 2023 Page 3 Background: The eastern end of the Vail Village Parking Structure was constructed in 1991. Years of moisture retention has caused Stair #5 to have considerable rusting affecting the treads, steel stringers, and landings. Staff have removed many of the thread noses to prevent trip hazards and injury to the public. A complete replacement of the stair system is recommended by staff. Mason made a motion to approve; Staufer seconded motion passed (7-0). 3.7 Contract Award to Restruction Corporation for Structural Repairs & Expansion Joint Replacement Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Restruction Corporation not to exceed $172,800.00 Background: For the past several years, Public Works has contracted for structural repairs and expansion joint replacement in both parking structures under the advice of J.R. Harris & Associates structural engineers. The proposed work is a continuation of this program. Mason made a motion to approve; Davis seconded motion passed (7-0). 3.8 Letter of Support for I-70 East Vail Pass Wildlife Crossings Discretionary Grant Application Approve, approve with amendments, or deny Letter of Support. Background: Summit County Safe Passages for Wildlife and Colorado Department of Transportation (CDOT) are seeking a federal grant for the construction of three wildlife crossings and wildlife exclusion fencing on I-70 on the east side of Vail Pass (from the summit of Vail Pass to Copper Mountain). This project has potential to restore wildlife corridors and habitat connectivity by providing safe crossings for species including Canada lynx, mule deer, elk, moose, and bighorn sheep while protecting motorists from collisions with wildlife. CDOT has already secured $750,000 from the State of Colorado general fund for the project. The coalition planning the project has reached out to Town of Vail requesting a letter of support for their funding application to US Department of Transportation. Summit County Safe Passages is also soliciting private donations to support the project. Staufer made a motion to approve; Mason seconded motion passed (7-0). 4. Town Manager Report 4.1 Town Manager Report Forrest asked Council to change the wording for the scope of work for the City Hall and Civic Center project to go into next year with the RFP Scope. Halloran received approval to change the date of the Vail Social from September 12, 2023, to August 29, 2023. 4.2 Council Matters and Status Report 9 Town Council Meeting Minutes of July 18, 2023 Page 4 4.3 Vail Town Council Priority Goals for 2023 5. Action Items 5.1 Contract Award to ViaOne Services and Graybar for Fiber Optic Cable Construction Presenter(s): TJ Johnson, Director of Information Technology Approve the Town Manager to enter into a contract, approved by the Town Attorney with ViaOne Services for fiber optic cable construction, not to exceed $775,000.00 and Graybar for fiber optic materials not to exceed $80,000.00. Approve, approve with amendments, or deny budget increase by $325,000.00 for additional expenses over the predicted budget and for a 10% contingency. Background: Fiber Optic cable is the backbone upon which all internet connectivity depends. This project will provide an additional path for this critical infrastructure, thereby enhancing the reliability of our town's broadband internet and cellular communications and position us to provide future connectivity to additional areas of the town. Johnson requested that Council approve an agreement with ViaOne Services in order to provide the necessary construction services to install conduit and fiber optic cable in Vail to support more reliable internet and cellular functionality, approve an agreement with Graybar to purchase the necessary materials for the same project and requested additional funding because of increased costs with construction services. Foley asked who’s right of way the project would take place. Johnson responded it was mostly Colorado Department of Transportation’s right of way. Langmaid asked what traffic impacts the project would have. Johnson explained CDOT would handle all of the traffic impacts and the impacts should be minimal except for the impact at the West Vail exit. Davis made a motion to approve the Town Manager to enter into a contract, approved by the Town Attorney with ViaOne Services for fiber optic cable construction, not to exceed $775,000.00 and Graybar for fiber optic materials not to exceed $80,000.00 and approve the budget increase by $325,000.00 for additional expenses over the predicted budget and for a 10% contingence; Mason seconded motion passed (7-0). 5.2 H.R. 1380 - Protect America's Rock-Climbing Act Presenter(s): Kristen Bertuglia, Environmental Sustainability Director Should the Vail Town Council wish to take action concerning H.R. 1380, staff recommends a position of Oppose. Background: H.R. 1380, Protect America’s Rock-Climbing Act, introduced by Representatives John Curtis (R-Utah) and Joe Neguse (D-Colo.), would direct the Secretaries of Agriculture and 10 Town Council Meeting Minutes of July 18, 2023 Page 5 the Interior to adhere to allowing for activities previously prohibited in designated Wilderness, including rock climbing, the placement, use, and maintenance of fixed anchors, and the use of other equipment necessary for recreational climbing. Bertuglia explained at a previous meeting, Council asked staff to provide more information regarding HR 1380, a bill titled Protect America’s Rock-Climbing Act, that would direct the Secretaries of Agriculture and the interior to set new guidance for recreational climbing and the use of permanent anchors in the wilderness. Bertuglia stated Council did not need to take a position on HR 1380, but if Council wanted to take a position, staff would recommend joining the US Forest Service, the National Park Service, and the Departments of the Interior and oppose the bill. Bertuglia explained their position was that wilderness was guided by the Wilderness Act, which had special wilderness values and HR 1380 would undermine those values. Bertuglia went on to say supporters like the Access Fund and American Alpine Club argue HR 1380 would address safety concerns, would allow people to go safely where they may not have previously had access to, and would allow easier access for Search and Rescue. Davis stated he would like more information regarding support of the Bill instead of just opposition before he would feel comfortable voting on a position. Seibert stated hikers and campers were expected to leave no trace when going into wilderness areas and didn’t understand why it would be different for climbers. Bertuglia explained the support for the climbers would be the safe climbing access. Davis stated he would like to hear wilderness first responder’s opinion on the Bill. Bertuglia referenced an Access Fund link that was provided in the packet, which made the case that fixed anchors would make for easier access and down climb if someone needed to be rescued. Foley stated wilderness was wilderness and to let it be. Seibert explained there were other forms of protection climbers could use. Public comment was called. Michael Browning, East Vail resident, urged Council members to sign an opposition letter for the PARC Act, stated he was a climber and thought the safety concerns were a red herring. He went on to say the wilderness was meant to have obstacles, was meant to be hard, and was meant to challenge people. The Wilderness Act prohibits installations in wilderness areas. Tim Nottingham, Director of the Eagle Climbing Coalition, explained, currently, all of the governmental institutions had different regulations regarding fixed anchors and the PARC Act 11 Town Council Meeting Minutes of July 18, 2023 Page 6 would create clarity at the Federal level across all of the institutions. He also explained the PARC Act would not allow for sport bolting. Forrest asked where the PARC Act was in the Legislative Process. Bertuglia answered the PARC Act was introduced and was with the House of Representatives, but there wasn’t a time set to hear the Act yet. Council asked staff for this item to come back the first meeting of August to allow members time to better understand the impacts of the Protect America's Rock-Climbing Act. 5.3 Ordinance No. 13, Series 2023, First Reading, an Ordinance of the Town Council of the Town of Vail, Colorado Amending Chapter 2 of Title 4 of the Vail Town Code, Regarding Alcoholic Beverages and the Local Licensing Authority Presenter(s): Matt Mire, Town Attorney Approve, approve with amendments, or deny Ordinance No. 13, Series 2023 upon first reading. Background: At the direction of Council, staff is bringing forward a modification to the Town Code regarding the Local Licensing Authority. Mire explained Council requested staff to research the procedures other municipalities practice regarding liquor code and he found most communities have given the administrative responsibilities to the Town Clerk. Mire stated the proposed ordinance would eliminate the need for a Local Licensing Authority in favor of a hearing officer and the Town Clerk would handle most of the responsibilities, which was permitted by State Statute. Mason asked Bibbens how the proposed ordinance would affect Special Event Liquor Permitting. Bibbens explained the Town already had an Event Review Committee, which was made up of different departments within the organization, that vetted special events and included Special Event Liquor Permits. Mire stated currently the Local Licensing Authority received the Special Event Liquor Permit applications after the event producers went through the Event Review Committee process. Part of that process was making sure the event producers provide public safety, maintain the liquor boundaries, and all the other aspects of the events. Mire went on to say, if the Town didn’t have an Event Review Committee, it would be the Local Licensing Authority’s responsibility administer that process. Langmaid summarized eliminating the Local Licensing Authority would create more efficiency and other municipalities were using a Hearing Officer. Mire explained a lot of jurisdictions had a hearing officer rather than an Authority, but there were some municipalities that still used an Authority based off of their need. 12 Town Council Meeting Minutes of July 18, 2023 Page 7 Foley asked what the compensation would be for a hearing officer. Mire answered the hearing officer’s compensation would be an attorney’s hourly rate, billed by hours worked, which might be an hour a month. Coggin made a motion to approve; Davis seconded motion passed (5-2, Foley and Staufer opposed). 6. Public Hearings 6.1 An Appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Planning and Environmental Commission on May 22, 2023, denying variances from Section 12-6D-6 Setbacks, Vail Town Code, and Section 14-10-4. Architectural projections, decks, balconies, steps, bay windows and the like, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow variances to the required setback(s) for proposed improvements of the eastern unit (Unit A), located at 706 Forest Road, Lot 9, Vail Village Filing 6 Presenter(s): Greg Roy, Senior Planner Uphold, uphold with amendments, or overturn PEC's decision. Background: Paul J. and Danita K. Ostling, represented by Matthew Stovall of Stovall Associates, P.C., requested the review of Variances, pursuant to Section 12-17-1, Variances, Vail Town Code, to allow variances to the required setback(s) for proposed improvements of the western unit, (Unit A), located at 706 Forest Road, Lot 9, Vail Village Filing 6. (PEC23-0007). On May 22, 2023, the Planning and Environmental Commission held a public hearing on the Variance application and voted 7-0 to deny the application, finding that the application failed to meet required criteria #2 and #4. The applicant appealed a denial for variances to the required setbacks for proposed improvements at 706 Forest Road. On May 22, the Planning and Environmental Commission held a public hearing on the variance application which requested an office space off of the first- floor deck. The PEC voted 7-0 to deny the application, finding that the application failed to meet required criteria. Roy stated the request was a variance from setbacks for an addition. The Planning and Environmental Commission moved to deny the application because they found that it did not meet the criteria necessary for the granting of a variance. Langmaid went over the procedure for the appeal process. Matthew Stovall, representative of the appellant, explained his client’s application asked for the ability to enclose a bottom deck that was already in the setback and add 71ft of additional square footage. Stovall stated the application did not meet the requirements for a variance because of criteria two and four, but his client wanted Council to look at the application from a bigger picture at 13 Town Council Meeting Minutes of July 18, 2023 Page 8 some of the changes they feel are happening in the commercial direction with regards to timeshares or homes on Forest Road and referenced a funicular that was approved next door to the applicant’s house. Langmaid asked if the funicular was a variance. Stovall explained the funicular was not a variance because it was in the setback. Langmaid asked if staff had any closing comments for Council. Roy stated they had nothing further but was available for questions. Langmaid asked if there were any additional Council Comments. Coggin stated after reading through the packet and information provided, he thought the PEC followed the Town’s criteria and he agreed with them. Coggin made a motion to uphold the May 22, 2023, decision of the Planning and Environmental Commission, Foley seconded motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded motion passed (7-0), meet adjourned at 6:42 p.m. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ______________________________ Stephanie Bibbens, Town Clerk 14 AGENDA ITEM NO. 3.2 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 29, Series of 2023, A Resolution Approving the Purchase of Residential Property (Timber Ridge Parcel) SUGGESTED ACTION:Approve Resolution No. 29, Series of 2023, to authorize the Town Manager to enter into an agreement, approved by the Town Attorney, to purchase Timber Ridge Parcel (North Frontage Road West), in the amount not to exceed $1,715,000 plus closing costs. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CDOT Parcel Acquisitions Memorandum 08152023.docx Resolution No 29 Series of 2023.doc 15 75 South Frontage Road West Housing Department Vail, Colorado 81657 970.479.2150 vailgov.com To:Vail Town Council From: George Ruther, Housing Director Date:August 15, 2023 Re:Resolutions No. 29, 30, & 31, Series of 2023 - Acquisition of Three CDOT Excess ROW Parcels within the Town of Vail and Authorization to Take the Steps Necessary to Complete Said Acquisitions I.Purpose The purpose of this memorandum is to present Resolutions No. 29, 30, & 31, Series of 2023 to acquire three excess row parcels owned by the Colorado Department of Transportation (CDOT) within the Town of Vail for the future development of deed-restricted homes, open space, stream tract preservation, and trailhead parking, as well as authorization to take the steps necessary to complete said acquisitions. The three parcels include: 1. Bighorn Parcel – 1.02 acres (Columbine Drive and Spruce Way) 2. West Middle Creek Parcel – 1.25 acres (North Frontage Road) 3. Timber Ridge Parcel - 0.65 acres (North Frontage Road West) This action, in part, advances the Vail Town Council adopted goal of acquiring 1,000 additional housing unit deed restrictions by the year 2027. It is estimated approximately 480 deed-restricted homes can be accommodated because of this acquisition. II. Background The Town of Vail Housing Department has met with CDOT representatives with the intent of acquiring three parcels of land within Vail for the expressed purpose of advancing the Town’s adopted housing goal, adding more open space, and providing trailhead parking. Substantial due diligence and the required procedural steps allowing for the disposal of state-owned land has been completed, including the completion of Town-sponsored estimates of land value real estate appraisals and notification of the intent to dispose to all parties maintaining a right of refusal. The parties are now at the point of contracting the final purchase agreements for the three parcels. 16 Town of Vail Page 2 Written offers for the three parcels with a bundled package price of $6,402,500 total, plus closing costs. o $1,715,000 Timber Ridge – 0.65 acres (CDOT appraisal) o $2,277,000 West Middle Creek – 1.25 acres (low end of TOV appraisal) o $2,410,500 BighornParcel – 1.02 acres (mid-range of appraisals) o The reduction in price for the West Middle Creek parcel takes into consideration the Town is the only viable buyer of this parcel as it could not be developed as a standalone property. o +/- $60 per square foot land cost is within 15% to 20% of estimated total development cost Three separate purchase and sale agreements, each with the terms, conditions, and contingencies applicable to the specific parcel have been completed and submitted to the Seller for acceptance and execution with an acceptance date of August 14, 2023 Engage with adjacent property owners in the immediate vicinities regarding the Town’s intended plans for future residential development, open space designation, and trailhead construction. If approved, the town staff will initiate the process for platting and zoning the parcels to conform to Town of Vail intended uses, subdivision standards, and land use regulations. Subject to Resolutions No. 29, 30, & 31, Series of 2023, the Vail Town Council is beginning asked to authorizethe appropriations of the necessary funds ($5,414,195Housing Funds and $988,305RETT Funds @ 41% of Bighorn Parcel value) to acquire the parcels and authorize the Town Manager to execute purchase and sale agreements in a form approved by the Town Attorney. The Vail Town Council budgeted $5M in the 2023 Town Budget Housing Fund to acquire the three parcels. The additional $414,195 required is available with the Housing Fund. By ordinance, those portions of the Bighorn Parcel being acquired for uses other than deed-restricted housing are prohibited from purchase using Housing Funds. III. Recommendation Town staff recommends the Vail Town Council approves Resolutions No. 29, 30, & 31, Series of 2023, as presented. The basis for the recommendation includes the following: 1. The proposed bundled purchase price is informed by real estate appraisal information commissioned by the Town of Vail. 2. Both CDOT and the Town of Vail have a fiduciary obligation to dispose/acquire real property for its approximate fair market value. 3. An assemblage value and opportunity cost should be factored into the Town’s consideration of the purchase of the West Middle Creek and Timber Ridge Parcels. 4. The lack of available land is a limiting factor in the Town’s ability to achieve its adopted housing goal. 5. Town of Vail ordinances prohibit the use of Housing Funds for purposes other than housing developments, programs, and initiatives. Open space acquisition and the development of trailhead parking should not be a financial obligation of future housing developments. 6. The sales proceeds could be appropriated by CDOT, and further leveraged, to help fund the +$20M relocation expense of the Eagle-Vail maintenance facilities. 17 RESOLUTION NO. 29 SERIES OF 2023 A RESOLUTION APPROVING THE PURCHASE OF VACANT RESIDENTIAL PROPERTY (TIMBER RIDGE PARCEL) WHEREAS, (“Owner”) is the owner of certain vacant residential property located in Vail, Colorado (the “Property”); and WHEREAS, the Town wishes to purchase the Property from Owner, and Owner wishes to sell the Property to the Town, pursuant to the terms of the Contract to Buy and Sell Real Estate, attached hereto as Exhibit A and incorporated herein by this reference (the “Contract”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Contract in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney, authorizes the appropriation of the funds necessary to complete the purchase of the Property and authorizes the Town Manager to execute the Contract on behalf of theTown. 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 15 th day of August, 2023. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Town Clerk 18 AGENDA ITEM NO. 3.3 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 30, Series of 2023, A Resolution Approving the Purchase of Residential Property (West Middle Creek Parcel) SUGGESTED ACTION:Approve Resolution No. 30, Series of 2023 to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, to purchase West Middle Creek Parcel (North Frontage Road), in the amount not to exceed $2,277,000 plus closing cost. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CDOT Parcel Acquisitions Memorandum 08152023.docx Resolution No 30 Series of 2023.doc 19 75 South Frontage Road West Housing Department Vail, Colorado 81657 970.479.2150 vailgov.com To:Vail Town Council From: George Ruther, Housing Director Date:August 15, 2023 Re:Resolutions No. 29, 30, & 31, Series of 2023 - Acquisition of Three CDOT Excess ROW Parcels within the Town of Vail and Authorization to Take the Steps Necessary to Complete Said Acquisitions I.Purpose The purpose of this memorandum is to present Resolutions No. 29, 30, & 31, Series of 2023 to acquire three excess row parcels owned by the Colorado Department of Transportation (CDOT) within the Town of Vail for the future development of deed-restricted homes, open space, stream tract preservation, and trailhead parking, as well as authorization to take the steps necessary to complete said acquisitions. The three parcels include: 1. Bighorn Parcel – 1.02 acres (Columbine Drive and Spruce Way) 2. West Middle Creek Parcel – 1.25 acres (North Frontage Road) 3. Timber Ridge Parcel - 0.65 acres (North Frontage Road West) This action, in part, advances the Vail Town Council adopted goal of acquiring 1,000 additional housing unit deed restrictions by the year 2027. It is estimated approximately 480 deed-restricted homes can be accommodated because of this acquisition. II. Background The Town of Vail Housing Department has met with CDOT representatives with the intent of acquiring three parcels of land within Vail for the expressed purpose of advancing the Town’s adopted housing goal, adding more open space, and providing trailhead parking. Substantial due diligence and the required procedural steps allowing for the disposal of state-owned land has been completed, including the completion of Town-sponsored estimates of land value real estate appraisals and notification of the intent to dispose to all parties maintaining a right of refusal. The parties are now at the point of contracting the final purchase agreements for the three parcels. 20 Town of Vail Page 2 Written offers for the three parcels with a bundled package price of $6,402,500 total, plus closing costs. o $1,715,000 Timber Ridge – 0.65 acres (CDOT appraisal) o $2,277,000 West Middle Creek – 1.25 acres (low end of TOV appraisal) o $2,410,500 BighornParcel – 1.02 acres (mid-range of appraisals) o The reduction in price for the West Middle Creek parcel takes into consideration the Town is the only viable buyer of this parcel as it could not be developed as a standalone property. o +/- $60 per square foot land cost is within 15% to 20% of estimated total development cost Three separate purchase and sale agreements, each with the terms, conditions, and contingencies applicable to the specific parcel have been completed and submitted to the Seller for acceptance and execution with an acceptance date of August 14, 2023 Engage with adjacent property owners in the immediate vicinities regarding the Town’s intended plans for future residential development, open space designation, and trailhead construction. If approved, the town staff will initiate the process for platting and zoning the parcels to conform to Town of Vail intended uses, subdivision standards, and land use regulations. Subject to Resolutions No. 29, 30, & 31, Series of 2023, the Vail Town Council is beginning asked to authorizethe appropriations of the necessary funds ($5,414,195Housing Funds and $988,305RETT Funds @ 41% of Bighorn Parcel value) to acquire the parcels and authorize the Town Manager to execute purchase and sale agreements in a form approved by the Town Attorney. The Vail Town Council budgeted $5M in the 2023 Town Budget Housing Fund to acquire the three parcels. The additional $414,195 required is available with the Housing Fund. By ordinance, those portions of the Bighorn Parcel being acquired for uses other than deed-restricted housing are prohibited from purchase using Housing Funds. III. Recommendation Town staff recommends the Vail Town Council approves Resolutions No. 29, 30, & 31, Series of 2023, as presented. The basis for the recommendation includes the following: 1. The proposed bundled purchase price is informed by real estate appraisal information commissioned by the Town of Vail. 2. Both CDOT and the Town of Vail have a fiduciary obligation to dispose/acquire real property for its approximate fair market value. 3. An assemblage value and opportunity cost should be factored into the Town’s consideration of the purchase of the West Middle Creek and Timber Ridge Parcels. 4. The lack of available land is a limiting factor in the Town’s ability to achieve its adopted housing goal. 5. Town of Vail ordinances prohibit the use of Housing Funds for purposes other than housing developments, programs, and initiatives. Open space acquisition and the development of trailhead parking should not be a financial obligation of future housing developments. 6. The sales proceeds could be appropriated by CDOT, and further leveraged, to help fund the +$20M relocation expense of the Eagle-Vail maintenance facilities. 21 RESOLUTION NO. 30 SERIES OF 2023 A RESOLUTION APPROVING THE PURCHASE OF VACANT RESIDENTIAL PROPERTY (WEST MIDDLE CREEK PARCEL) WHEREAS, (“Owner”) is the owner of certain vacant residential property located in Vail, Colorado (the “Property”); and WHEREAS, the Town wishes to purchase the Property from Owner, and Owner wishes to sell the Property to the Town, pursuant to the terms of the Contract to Buy and Sell Real Estate, attached hereto as Exhibit A and incorporated herein by this reference (the “Contract”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Contract in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney, authorizes the appropriation of the funds necessary to complete the purchase of the Property and authorizes the Town Manager to execute the Contract on behalf of theTown. 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 15 th day of August, 2023. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Town Clerk 22 AGENDA ITEM NO. 3.4 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 31, Series of 2023, A Resolution Approving the Purchase of Residential Property (Bighorn Parcel) SUGGESTED ACTION:Approve Resolution No. 31, Series of 2023 to Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, to purchase Bighorn Parcel (Columbine Drive and Spruce Way) in the amount not to exceed $2,410,500 plus closing costs. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CDOT Parcel Acquisitions Memorandum 08152023.docx Resolution No 31 Series of 2023.doc 23 75 South Frontage Road West Housing Department Vail, Colorado 81657 970.479.2150 vailgov.com To:Vail Town Council From: George Ruther, Housing Director Date:August 15, 2023 Re:Resolutions No. 29, 30, & 31, Series of 2023 - Acquisition of Three CDOT Excess ROW Parcels within the Town of Vail and Authorization to Take the Steps Necessary to Complete Said Acquisitions I.Purpose The purpose of this memorandum is to present Resolutions No. 29, 30, & 31, Series of 2023 to acquire three excess row parcels owned by the Colorado Department of Transportation (CDOT) within the Town of Vail for the future development of deed-restricted homes, open space, stream tract preservation, and trailhead parking, as well as authorization to take the steps necessary to complete said acquisitions. The three parcels include: 1. Bighorn Parcel – 1.02 acres (Columbine Drive and Spruce Way) 2. West Middle Creek Parcel – 1.25 acres (North Frontage Road) 3. Timber Ridge Parcel - 0.65 acres (North Frontage Road West) This action, in part, advances the Vail Town Council adopted goal of acquiring 1,000 additional housing unit deed restrictions by the year 2027. It is estimated approximately 480 deed-restricted homes can be accommodated because of this acquisition. II. Background The Town of Vail Housing Department has met with CDOT representatives with the intent of acquiring three parcels of land within Vail for the expressed purpose of advancing the Town’s adopted housing goal, adding more open space, and providing trailhead parking. Substantial due diligence and the required procedural steps allowing for the disposal of state-owned land has been completed, including the completion of Town-sponsored estimates of land value real estate appraisals and notification of the intent to dispose to all parties maintaining a right of refusal. The parties are now at the point of contracting the final purchase agreements for the three parcels. 24 Town of Vail Page 2 Written offers for the three parcels with a bundled package price of $6,402,500 total, plus closing costs. o $1,715,000 Timber Ridge – 0.65 acres (CDOT appraisal) o $2,277,000 West Middle Creek – 1.25 acres (low end of TOV appraisal) o $2,410,500 BighornParcel – 1.02 acres (mid-range of appraisals) o The reduction in price for the West Middle Creek parcel takes into consideration the Town is the only viable buyer of this parcel as it could not be developed as a standalone property. o +/- $60 per square foot land cost is within 15% to 20% of estimated total development cost Three separate purchase and sale agreements, each with the terms, conditions, and contingencies applicable to the specific parcel have been completed and submitted to the Seller for acceptance and execution with an acceptance date of August 14, 2023 Engage with adjacent property owners in the immediate vicinities regarding the Town’s intended plans for future residential development, open space designation, and trailhead construction. If approved, the town staff will initiate the process for platting and zoning the parcels to conform to Town of Vail intended uses, subdivision standards, and land use regulations. Subject to Resolutions No. 29, 30, & 31, Series of 2023, the Vail Town Council is beginning asked to authorizethe appropriations of the necessary funds ($5,414,195Housing Funds and $988,305RETT Funds @ 41% of Bighorn Parcel value) to acquire the parcels and authorize the Town Manager to execute purchase and sale agreements in a form approved by the Town Attorney. The Vail Town Council budgeted $5M in the 2023 Town Budget Housing Fund to acquire the three parcels. The additional $414,195 required is available with the Housing Fund. By ordinance, those portions of the Bighorn Parcel being acquired for uses other than deed-restricted housing are prohibited from purchase using Housing Funds. III. Recommendation Town staff recommends the Vail Town Council approves Resolutions No. 29, 30, & 31, Series of 2023, as presented. The basis for the recommendation includes the following: 1. The proposed bundled purchase price is informed by real estate appraisal information commissioned by the Town of Vail. 2. Both CDOT and the Town of Vail have a fiduciary obligation to dispose/acquire real property for its approximate fair market value. 3. An assemblage value and opportunity cost should be factored into the Town’s consideration of the purchase of the West Middle Creek and Timber Ridge Parcels. 4. The lack of available land is a limiting factor in the Town’s ability to achieve its adopted housing goal. 5. Town of Vail ordinances prohibit the use of Housing Funds for purposes other than housing developments, programs, and initiatives. Open space acquisition and the development of trailhead parking should not be a financial obligation of future housing developments. 6. The sales proceeds could be appropriated by CDOT, and further leveraged, to help fund the +$20M relocation expense of the Eagle-Vail maintenance facilities. 25 RESOLUTION NO. 31 SERIES OF 2023 A RESOLUTION APPROVING THE PURCHASE OF VACANT RESIDENTIAL PROPERTY (BIGHORN PARCEL) WHEREAS, (“Owner”) is the owner of certain vacant residential property located in Vail, Colorado (the “Property”); and WHEREAS, the Town wishes to purchase the Property from Owner, and Owner wishes to sell the Property to the Town, pursuant to the terms of the Contract to Buy and Sell Real Estate, attached hereto as Exhibit A and incorporated herein by this reference (the “Contract”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Contract in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney, authorizes the appropriation of the funds necessary to complete the purchase of the Property and authorizes the Town Manager to execute the Contract on behalf of theTown. 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 15 th day of August, 2023. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Town Clerk 26 AGENDA ITEM NO. 3.5 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 32, Series of 2023, A Resolution Approving the Purchase of Residential Property SUGGESTED ACTION:Approve Resolution No. 32, Series of 2023 to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, to purchase Buffer Creek Condominium, Unit A2, 1860 Meadow Ridge Road, Vail, CO. 81657, in the amount not to exceed, $765,000, plus closing costs. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No. 32, Series of 2023.doc 27 RESOLUTION NO. 32 SERIES OF 2023 A RESOLUTION APPROVING THE PURCHASE OF RESIDENTIAL PROPERTY WHEREAS, (“Owner”) is the owner of certain residential property located in Vail, Colorado (the “Property”); and WHEREAS, the Town wishes to purchase the Property from Owner, and Owner wishes to sell the Property to the Town, pursuant to the terms of the Contract to Buy and Sell Real Estate, attached hereto as Exhibit A and incorporated herein by this reference (the “Contract”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Contract in substantially the same form attached hereto as Exhibit A and in a form approved by the Town Attorney, authorizes the appropriation of the funds necessary to complete the purchase of the Property and authorizes the Town Manager to execute the Contract on behalf of theTown. 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 15 th day of August, 2023. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Town Clerk 28 AGENDA ITEM NO. 3.6 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Amendment for Taste of Vail SUGGESTED ACTION:Authorize the Town Manager to amend the agreement with Taste of Vail, in a form approved by the Town Attorney, in the amount of, and not to exceed $60,000, with $45,000 in the initial funding contract and $15,000 in the amendment. STAFF RECOMMENDATION:As part of the 2nd cycle of event sponsorship proposals reviewed by the Committee on Special Events in April 2023, the Taste of Vail submitted a request for supplemental sponsorship funding. The request was reviewed by the CSE and the Event Funding Committee. Subsequent meetings were held between CSE representatives, town staff, and the Taste of Vail Board to evaluate the sponsorship request and a final amount of $15,000 additional sponsorship was recommended. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo - 08-15-2023 Consent Agenda - Taste of Vail Supplemental Funding.docx 29 To:Mayor and Town Council From:Economic Development Department Date:8/15/2023 Subject:Contract Approval for Taste of Vail Supplemental Event Sponsorship Background As part of the 2nd cycle of event sponsorship proposals reviewed by the Committee on Special Events in April 2023, the Taste of Vail submitted a request for supplemental sponsorship funding. The request was reviewed by the CSE and the Event Funding Committee. Subsequent meetings were held between CSE representatives, town staff, and the Taste of Vail Board to evaluate the sponsorship request and a final amount of $15,000 additional sponsorship was recommended. The Taste of Vail requested the additional sponsorship primarily to support a new partnership with Festival Gourmet International, a culinary event that takes place in Puerto Vallarta, Mexico in November. The partnership between the two culinary events kicked off this year during the Taste of Vail with the inclusion of guest chefs from Puerto Vallarta, and will continue with increased cross marketing and promotion of the two events, as well as a number of Vail chefs participating in the event in Mexico. The PR team for the Town of Vail has been engaged in the process and has been supporting the cross promotion of the events and destination as a whole to the Mexico audience. The original sponsorship amount for the Taste of Vail was $45,000 for the 2023 event. The increased sponsorship of $15,000 would bring the total contract amount to $60,000. Requested Action Direct the town manager to enter into an agreement amendment with the Taste of Vail, on a form approved by the town attorney, for an amended amount not to exceed $60,000 for the continued sponsorship of the Taste of Vail and enhanced partnership with Festival Gourmet International. 30 AGENDA ITEM NO. 3.7 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Contract Award AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to Colorado Gold and Turf to purchase four Electric Delivery Carts SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with Colorado Golf and Turf to purchase four electric delivery carts, in an amount not to exceed $163,938.31. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: contractapprovalcarts.docx 31 August 10th, 2023 To:Town Council Through:Russel Forrest Town Manager From:Ryan Kenney Chief of Police Subject:Contract Approval The 2023 Capital Improvement Projects (CIP) budget includes $250,000 for the purchase of electric delivery carts for the e-delivery program. We have spent the last 18 months testing various electric carts to ensure we are picking the best long-term solution. Based on the testing and the program needs, we are requesting to purchase 4 electric carts. 3 of the carts will be open, pick-up style carts. The fourth will be a box van style. All these carts come with a 5-year warranty that cover the entire cart except for tires and batteries. Batteries will have a three-year warranty. The remaining carts will stay on until the lease expires in 2025. We are asking Council to approve a contract with Colorado Golf and Turf to purchase four electric carts for $163,938. 31. 32 AGENDA ITEM NO. 3.8 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Contract Award AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to Populous for Dobson Ice Arena Major Renovation Project SUGGESTED ACTION:Authorize the Town Manger to enter into an agreement, approved by the Town Attorney, with Populous for Dobson Ice Arena Major Renovation Project, in an amount not to exceed $3,882,524. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council_Memo_Populous_Design_Award_081523.docx 33 To:Town Council From:Public WorksDepartment Date:8/15/2023 Subject: Dobson Ice Arena Design Award to Populous. I.SUMMARY Award a contract to Populous for Dobson Ice Arena Major Renovation Project. The amount of the contact award is $ 3,882,524. II.BACKGROUND The Town of Vail owns and leases on a long-term agreement to the Vail Parks and Recreation District, Dobson Ice Arena for operations. The arena was originally built in the 1979 and has had one addition and some other remodels performed over the years. There has not been a major remodel completed of the entire arena. This facility is well worn and in need of a major update. Populous, over the last 4 months have completed the Conceptual programing and budget establishment for the project to move forward. The Town Council and Vail Recreation Board met and have reviewed the program and provided comments which the design team addressed at the August 1, Town Council meeting. The council approved the project scope and budget for the project to move to the next steps of design and entitlement. This contract includes the following design phase components, schematic design, design development and entitlements, construction documents and permitting and finally construction administration. Populous has prepared a scope of work and fee to complete all phases of the design which includes all the design sub-consultants work effort through construction administration. The timeframe of the work effort is approximately 12 months of design and 24 months of construction. The fee is within the project budget presented to the Town Council on August 1. The town has budgeted 2023 funds to cover the full contract amount. III.Council Action Authorize the Town Manager to enter into an agreement, in a form approved by the 34 Town of Vail Page 2 Town Attorney, with Populous Inc. to perform design and construction administration services for the Dobson Ice Arena Renovation Project in the amount of, and not to exceed, $3,882,524. 35 AGENDA ITEM NO. 3.9 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Greg Hall, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Contract Award to Hyder Construction for Municipal Building HVAC System Replacement SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with Hyder Construction for to replace the mechanical HVAC system at the Town Municipal Building, in an amount not to exceed $1,205,180. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo Hyder re Award 081523.docx TOV Muni Mechanical Upgrades 07.11.2023 - Final - VARIANCE 08.09.2023.pdf 36 To:Town Council From:Public WorksDepartment Date:8/15/2023 Subject: Vail Municipal Building Mechanical award SUMMARY Award a contract to Hyder Construction for Vail Municipal Building HVAC replacement. The amount of the contact award is $ 1025018. I.BACKGROUND The Town of Vail previously awarded Hyder Construction a contract on March 7, 2023, for the replacement of the Mechanical Equipment for the Vail Municipal Building. This was based on preliminary set of plans at the time. There have been additional design details, in addition for the need to provide final design conformance to ensure the equipment will properly fit and function as intended. It has been determined to further the design process as a design-build procurement as well as delay the actual work until spring of 2024. The following provides an update regarding the pricing increases over the last 4 months. The award prior to having the design completed allows the ordering of the equipment at this time to allow for the long lead time with delivery by next year. A detail of the breakdown of the individual changes is attached as well. TOV Vail Scope of Work Changes 1/27/2023 Proposal -Pricing based on PAA – 11.3.2022 Municipal Complete Drawings & 21079.00 – TOV Municipal Building Drawings 2022 with e-mailed directions from AEC on 12/20/2022. o Drawings provided were for a complete building remodel & mechanical overhaul. o Directions were to replace existing unknown equipment with updated equipment that would provide heating and cooling to the building through existing duct work. No as-built or existing mechanical plans were provided, design was based on extrapolating full remodel plans and a site visit. 37 Town of Vail Page 2 3/27/2023 Proposal -Pricing based on previous project information and updated mechanical drawings “21079.00 – TOV Municipal Building” by AEC dated 3/24/2023. o Pricing was a quick update to the budget to include revised drawings by AEC with better information related to the equipment being replaced. o Pricing revised Mechanical Scope of work only and did not include revisions to the architectural drawings or scope of work based on the new mechanical information/layout. o Changed Mechanical Subcontractors for improved pricing on the increased mechanical scope of work. 7/11/2023 Proposal -Pricing based on previous project information and updated mechanical drawings “21079.00 – TOV Municipal Building” by AEC dated 3/24/2023. o Pricing based on additional site visit with Hyder Architect. o Pricing incorporates design build, architectural increases based on the “21079.00 – TOV Municipal Building” by AEC dated 3/24/2023 updated mechanical drawings. o Pricing includes allowances for Structural improvements identified as required during the job walk to support the RTU. o Adjusted to a 2024 start date. The contact is within the project budget of 2023. II.Council Action Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Hyder Construction, to replace the mechanical HVAC system at the Town Municipal Building in the amount of, and not to exceed, $1,025,180. 38 EST. NO.: Q0334 Q0334 Q0334 DURATION: 84 84 98 TOV Muni Mechancial Upgrades BID DATE: 1/27/2023 3/24/2023 7/11/23 Vail, CO AREA (SF): 4,000 4,000 4,000 DIV CATEGORY TOTAL PRICE 01.27.2023 TOTAL PRICE 03.24.2023 TOTAL PRICE 07.11.2023 Variance Notes 1a GENERAL REQUIREMENTS $142,832 $156,443 $177,114 VARIANCE 1/27/2023 to 3/24/2023 (Add $13,611) - Adjusted GC for no General Conditions savings with ComDev Building Mechanical Upgrades VARIANCE 3/24/2023 to 7/11/2023 (Add $20,671) - Rates updated to 2024 Construction Start & Schedule - Increase schedule from 12 weeks to 14 weeks for additional Architectural & Structural Work - Project volume dependent cost Items 1b WEATHER CONDITIONS ALLOWANCE $0 $0 $0 1c DESIGN & ENGINEERING $0 $0 $21,500 VARIANCE 1/27/2023 to 3/24/2023 (NONE) VARIANCE 3/24/2023 to 7/11/2023 (Add $21,500) - Hyder added costs for design and structural engineering in lieu of Owner provided Design and Structural Engineering 2 EXISTING CONDITIONS $15,500 $15,070 $24,745 VARIANCE 1/27/2023 to 3/24/2023 (Reduced $430) - Changes associated with standalone project VARIANCE 3/24/2023 to 7/11/2023 (Add $9,675) - Identified and increase Demolition Scope for Ceiling Work in Reception/Clerk/Admin Office for VAV Work - Identified and increased scope for structural improvements related to new location of RTU - Identified and increased scope for Soffit work in HR Area for New FCU Work 3 CONCRETE $0 $0 $0 4 MASONRY $0 $0 $0 5 METALS $60,000 $60,000 $110,000 - Original budget includes enclosure for condenser units on the Westside of the building south of the main entrance to protect against snow/ice fall from roof. VARIANCE 1/27/2023 to 3/24/2023 (NONE) VARIANCE 3/24/2023 to 7/11/2023 (Add $50,000) - Added Allowance for Structural Improvements for the identified RTU Location ($20,000) - Added Allowance for Architectural Screening Enclosure for the RTU ($30,000) 6 WOOD & PLASTICS $0 $0 $7,060 VARIANCE 1/27/2023 to 3/24/2023 (NONE) VARIANCE 3/24/2023 to 7/11/2023 (Add $7,060) - Identified and increased Scope of Work for Framing of Soffits for New FCU in the HR Offices 7 THERMAL & MOISTURE PROTECTION $3,600 $3,600 $6,300 VARIANCE 1/27/2023 to 3/24/2023 (NONE) VARIANCE 3/24/2023 to 7/11/2023 (Add $2,700) - Updated Roofing and Mechanical Curb requirements based on new RTU location 8 OPENINGS $0 $0 $0 9 FINISHES $9,430 $9,430 $14,625 VARIANCE 1/27/2023 to 3/24/2023 (NONE) VARIANCE 3/24/2023 to 7/11/2023 (Add $5,195) - Identified and Increased finish areas per VAV locations in Reception/Clerk areas - Identified and Increased work required for Soffits in HR Offices - Identified work for structural support modifications in RTU LOCATION 10 SPECIALTIES $0 $0 $0 11 EQUIPMENT $0 $0 $0 12 FURNISHINGS $0 $0 $0 13 SPECIAL CONSTRUCTION $0 $0 $0 14 CONVEYING SYSTEMS $0 $0 $0 21 FIRE SUPPRESSION $0 $0 $0 22 PLUMBING $0 $0 $0 23 HVAC $311,240 $389,670 $404,848 - Original budget based on email narrative by AEC to replace existing Mechanical equipment with similar at HR Area FCU, Reception AHU and (2) Lower Level AHUs. VARIANCE 1/27/2023 to 3/24/2023 (Add $78,430) - Revised to "21079.00 ToV Preliminary Equipment" provided by AEC dated 03.03.2023 - Added (6) Additional VAVs - Changed Reception AHU to RTU - Changed Mechanical Subcontractor for competitive pricing and cost savings on increased scope VARIANCE 3/24/2023 to 7/11/2023 (Add $15,178) - Escalation for 2024 Schedule and Labor Rates - Added storage costs for securing Mechanical Equipment 26 ELECTRICAL $48,840 $48,840 $48,046 VARIANCE 1/27/2023 to 3/24/2023 (NONE) VARIANCE 3/24/2023 to 7/11/2023 (Deduct $794) - Repriced with new scope 27 COMMUNICATIONS $0 $0 $0 28 ELECTRONIC SAFETY & SECURITY $0 $0 $0 31 EARTHWORK $2,752 $2,752 $7,252 VARIANCE 1/27/2023 to 3/24/2023 (NONE) VARIANCE 3/24/2023 to 7/11/2023 (Add $4,500) - Adjusted costs for Mechanical pad work based on recent Mountain Projects - Expanded excavation scope for pads and footings 32 SITE IMPROVEMENTS $4,019 $4,019 $11,319 VARIANCE 1/27/2023 to 3/24/2023 (NONE) VARIANCE 3/24/2023 to 7/11/2023 (Add $7,300) - Adjusted costs for Mechanical pad work based on recent Mountain Projects - Expanded site concrete scope for pads and footings 33 UTILITIES $0 $0 $0 ------------------------------ ------------------------------ ------------------------------ --------------------- $598,213 $689,824 $832,809 INSURANCE, UNALLOCATED CONSTRUCTION COST & FEE $72,566 $83,797 $101,768 VARIANCE 1/27/2023 to 3/24/2023 (Add $11,231) VARIANCE 3/24/2023 to 7/11/2023 (Add $17,971) - Project volume dependent cost items PRECONSTRUCTION FEE $0 $0 $15,000 VARIANCE 1/27/2023 to 3/24/2023 (NONE) VARIANCE 3/24/2023 to 7/11/2023 (Add $15,000) - Added pre-construction fee at 7/11/2023 Estimate due to extended preconstruction effort PERFORMANCE & PAYMENT BONDS $0 $8,361 $10,252 VARIANCE 1/27/2023 to 3/24/2023 (Add $8,361) - added P&P Bond at 3/24/2023 estimate VARIANCE 3/24/2023 to 7/11/2023 (Add $1,891) - Project volume dependent cost item 7.5% DESIGN CONTINGENCY $46,904 $54,096 $65,351 VARIANCE 1/27/2023 to 3/24/2023 (Add $7,192) VARIANCE 3/24/2023 to 7/11/2023 (Add $11,255) - Project volume dependent cost item ================== ================== ================== ============= TOTAL ESTIMATED CONSTRUCTION COST $717,683 $836,078 $1,025,180 VARIANCE 1/27/2023 to 3/24/2023 (Add $118,395) VARIANCE 3/24/2023 to 7/11/2023 (Add $189,102) - Total project cost increase BUDGET VARIANCE C O N S T R U C T I O N 39 AGENDA ITEM NO. 4.1 Item Cover Page DATE:August 15, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Town Manager Report AGENDA SECTION:Town Manager Report (10 min.) SUBJECT:Town Manager Report SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Town Manager Update 081523.pdf 40 TownManagersUpdate August 15, 2023 1.Other Updates The Town Manager may have other updates to provide the Town Council to ensure timely communication. 41 AGENDA ITEM NO. 4.2 Item Cover Page DATE:August 15, 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: 230815 Matters.docx 42 COUNCIL MATTERS Status Report Report for Aug. 15, 2023 o 2024 Budget Planning: Council requested more information on the Lift Tax and Lodging Tax be covered during upcoming 2024 budget discussions to coincide with the town’s Go Vail 2045 Mobility Plan and long term parking structure maintenance needs. o Lionshead Parking Structure Speed Bumps: Council members reported both positive and negative responses from new speed bumps in the Lionshead parking structure. Similar safety improvements are planned for the Vail Village structure. Social Media Tracking In the last two weeks the top posts across all of the town's accounts and social platforms went to Facebook posts of a historic summer photo of Vail Village in the 70s, followed by the new AIPP baseball statue. The historic post brought up some great memories for our community.These two posts were also the top performers on Instagram. Listening Link: https://share.sproutsocial.com/view/5da7d133-2513-4d16-a7d1- 3325135d16c6 In the News July 28 Bike Thefts https://denvergazette.com/outtherecolorado/news/police-seek-help-identifying-bike-thief-in- vail/article_251a4ee8-2d71-11ee-b0a7-9f39b33f8484.html Moffat Tunnel Lease https://www.realvail.com/oil-train-opponents-look-to-expiring-moffat-tunnel-lease-for-leverage- with-colorado-union-pacific/a16769/ July 31 Go Vail 2045 https://www.vaildaily.com/news/vail-hits-the-ground-running-with-2045-mobility-and- transportation-master-plan/ 43 Lunch with Locals – Colorado River https://www.realvail.com/vails-lunch-with-the-locals-series-features-expert-discussion-of- endangered-colorado-river/a16799/ Aug. 1 Michelin Guide https://www.restaurant-hospitality.com/operations/michelin-guide-land-georgia-and-colorado Aug. 2 Restore the Gore Planting Day https://www.vaildaily.com/news/eagle-river-watershed-council-to-host-restore-the-gore-event-in- august/ Aug. 3 Loading & Delivery – UPS and FedEx https://www.vaildaily.com/news/vail-moves-to-remove-carriers-like-fedex-ups-from-village-areas/ Bear 935 https://www.vaildaily.com/news/the-story-of-bear-935-in-vail-and-how-to-keep-others-from- meeting-the-same-fate/ Vail Social https://www.realvail.com/vail-social-community-potluck-table-reservations-open-friday/a16824/ Aug. 5 Town Picnic https://www.realvail.com/final-town-of-vail-neighborhood-picnic-of-the-summer-set-for-tuesday- at-donovan-pavilion/a16849/ Aug. 6 Intermountain Speeds https://www.vaildaily.com/news/vail-wants-to-take-the-first-step-slowing-cars-down-in- intermountain-neighborhood/ Aug. 7 VVF Amp Improvements https://www.vaildaily.com/news/vail-valley-foundation-plans-to-breathe-new-life-into-the-amp- with-20-million-worth-of-improvements/ Civic Area Task Force https://www.vaildaily.com/news/vail-seeks-community-members-to-serve-on-a-new-civic-area- task-force/ https://www.realvail.com/town-seeking-community-members-for-civic-area-task-force/a16860/ Aug. 8 Council Candidate Petitions 44 https://www.vaildaily.com/news/vail-will-have-4-town-council-seats-open-in-november-election/ https://www.realvail.com/town-of-vail-accepting-nominating-petitions-from-candidates-seeking- one-of-four-open-council-seats/a16884/ Upcoming Council Events o Aug. 29 – Vail Social 45 AGENDA ITEM NO. 5.1 Item Cover Page DATE:August 15, 2023 TIME:15 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Action Item SUBJECT:Winter Parking Discussion SUGGESTED ACTION:Provide direction to the staff regarding the recommended winter 2023- 2024 Parking Plan to set the rate calendar, set the rates, and set the offered passes and pricing. PRESENTER(S):Greg Hall, Director of Public Works and Transportation and Stephanie Kashiwa, Parking Operations Manager VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 8.23.doc Public Input.pdf 46 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:August 15, 2023 SUBJECT:Recommended Components of the Winter 2023-2024 Parking Program I.SUMMARY The purpose of this item is to: Provide Town Council with an update on the Parking and Mobility Task Force (P&MTF) discussion regarding mobility and winter parking operations. Provide recommendations for winter 2023-2024. Request Town Council approve the recommended components of the Winter 2023-2024 Parking Program II.BACKGROUND The Vail Parking & Mobility Task Force met on July 21 & August 8, 2023, to review the 2022-2023 winter season and to make recommendations for the Winter 2023-2024 Parking Program. The Task Force also reviewed information from the consultants of Fehr & Peers on the Transportation and Mobility Master Plan and discussed goals of the group going forward. Fehr & Peers presentation A small survey response data set (175 participants) was gathered showing that guest utilizing our parking have an average of 2.55 people in a vehicle with 22% driving alone. In addition, during the last two Saturdays of March, hand counts of cars entering the structures and Ford Park were performed. The results of these two efforts better informed the Task Force, regarding the occupancy of individual cars. The hand counts averaged 2.38 people in a vehicle and 25 % driving alone. Ford Park on the other hand had 75% driving alone. In addition, the survey requested data on day use versus multiple days visitors in addition to the location of the origin of their trip. 40% were single-day visitors. 30% were from east of Vail while the rest were from Vail or to the west of Vail. A large data set that pulled for weekend trips to Vail originating at peak arrival times, via cell data showed about 32% of those traveling to the Vail core are coming from within the town 47 2 of Vail, and about 39% come from Eagle County outside of Vail. The remaining 28% were from east of Vail. There are opportunities to further target these key groups in the future. 2022-2023 Operations The program was implemented from November 11, 2022, to April 23, 2023. Many of the policies and operations were put into place to manage parking demand while keeping in mind the needs of our economic drivers being our guests and our employees. An emphasis on lessening the number of overflow parking days on the S. Frontage Rd was set forth. The number of overflow frontage road days decreased 26 days from 53 days in the 2021- 2022 winter season to 27 days for the 2022-2023 season. A Peak and Non-Peak calendar was created to encourage alternative modes of transportation during historically busy periods and encourage the use of available parking during less busy periods. Peak Day Transactions decreased by 7.5%. Overnight rates were raised to $60 per night in the village structures. An overnight fee of $35 in the Red Sandstone garage was also implemented both were targeted to free up spaces in the structures in the mornings. The free two hours when first entering the structures were changed to one hour to encourage turnover and discourage abuse of the free period by looping. Total transactions were down 4.0%. The free period for vehicles entering after 3 p.m. until 4 a.m. was continued. 2022-2023 Rate Structure Daily Rate Non-Peak Peak 0-1 hrs FREE FREE 1-2 hrs $5 $10 2-3 hrs $10 $20 3-4 hrs $20 $30 4+ hrs $30 $40 Entry after 3pm-4am FREE FREE Overnight 4am-5am $60 $60 Daily Rate Non-Peak Peak 0-2 hrs FREE FREE 2+ hrs $10 $20 Overnight 4am-5am RSS lvl 1,2,3 ONLY $35 $35 VV & LH RSS & Ford & VAF 48 3 Premier, Business Premier, Employee Plus, Employee, Eagle County Local, and Vail Local passes were offered. All but the Premier and Business Premier included free access to some lots and rates to others to encourage alternate modes of transportation and use of close-in lots instead of the village structures to better utilize and manage parking demand. Premier and Business Premier passes guaranteed parking for passholders. Qualification was needed to purchase all but the Premier pass. All passes allowed entry to the village structures after 5 a.m. if exited before 9 a.m. for free. Pricing of parking passes was increased to reflect both value based on overall retail rates and allow users to make informed decisions between paid parking values and locations verses other modes of travel. Year over year 67% dec 15% inc 1% inc 26% dec 13% inc 21% dec sales 49 4 Ford lot, Soccer lot, and Red Sandstone Garage were opened to non-passholders to utilize parking inventory. These lots were changed to allow passholders only once 75% full to ensure availability to passholders later in the day. 50 5 An overnight fee of $60 for the oversized parking area to align with the fees in the village structures. The DUI prevention policy of free exit for users who choose safe travel arrangements was administered through the Police Department and Parking Department. This allowed the overnight fee to be waived if the user entered after 3 p.m. the day before and exits the structures by 11 a.m. the day of. This was offered at the Vail Village and Lionshead structures. The Employee Plus and Employee passes initiated passholders to pay at the exit station when they accrued a fee. The Eagle County and Vail Local passes were built to charge a card on file in their parker portal when they accrued a fee. Many issues and missing functionality in the Local Pass types were found throughout the season. III.TASK FORCE CONSIDERATIONS WINTER 2023-2024 In reviewing the previous winter programs and identifying opportunities for improvement the Task Force focused on largely keeping the program intact, and messaging information to the community. In reviewing various options, the Task Force recommends the following for the winter program. IV.RECOMMENDED WINTER 2023-2024 PARKING PROGRAM Winter paid overnight parking begins November 10, 2023 and extends through April 21, 2024. This would align with the current known operational dates of Vail Mountain. A similar Peak and Non-Peak rate calendar was reviewed and provided below. There are two more peak days compared to last year. 51 6 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 1 2 5 6 7 8 9 10 11 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 Easter 31st April 2024 November 2023 December 2023 January 2024 February 2024 March 2024 2023 -2024 WINTER SEASON New Years 1st, MLK 15th Presidents 19th Christmas 25thThanksgiving 23rd Continue rates for both retail and passholders from the 2022-2023 winter season. Offer the same pass options and pricing as the winter 2022-2023 winter season. Previous accounts can be reused however, uploading verification documents and payment would be like last year. The Eagle County Local and Vail local passes cannot function properly as a card on file pass. The local passes will be changed to a pay-at-exit pass like the Employee Plus and Employee passes to eliminate these issues. Payment at exit will require valid a credit card to complete the transaction. To minimize administrative hours as well as show gratitude to local passholders, the local passes can be recertified to previous local passholders during the 2022-2023 winter season, and the fee associated with these local passes would be waived. First-time Vail and Eagle County passholders would be charged the $25 and $50 fees and require verification. Continued use of the Ford lot, Soccer lot, and Red Sandstone garage for both retail and passholders. Once 75% full, the lots will be changed to passholder access only. This will 52 7 continue to be monitored to ensure a balance between grater utilization and passholder access. Continue to refine carpool inputs. The two remaining Hot Summer Nights concerts are set to test carpool incentives this summer and provide additional input regarding carpools for the Task Force to consider. Further explore eliminating frontage overflow parking from the roundabout to Vail Valley Drive West. This removes the approximately 85 spaces that fill first and experience the greatest pedestrian/traffic conflicts. The crossing of up to 5 lanes of traffic is also a concern. The task force and parking consultants both recommend this should be implemented. The ability to enforce this will require additional resources to properly carry out the task. A review of current parking fines and potential adjustments should occur prior to the beginning of the season. This would assist in violations occurring if the 85 spaces across from the Vail Village Transportation Center were eliminated. Increased efforts towards messaging and information to the community about parking and mobility options. The Task Force recommended a very positive tone to the messaging. The outcomes accomplished this last year did not go unnoticed. o Reduction of almost 50% of frontage road overflow days o Peak day transactions during the pay periods were down 7.5%, o Overall transactions were down 4.0 % o Overall ski season recorded an increase in visitation with much of the increase happening during the non-peak periods which was a goal to shift demand to the non-peak periods. o The overall rating of parking satisfaction on the weekly Vail Resorts ratings, was 6.9, the highest rating registered since the system went to a 10 scale rating seven years ago. The Regional Transit Authority may begin to roll out some improvements to known problem areas, but appear to be a season out from fully implementing the enhanced free service in the upper valley. V.ACTION REQUESTED Provide direction to the staff regarding the recommended winter 2023-2024 Parking Plan to include: Set the rate calendar. Set the rates. Set the offered passes and pricing. 53 From:Cassie Scales To:Council Dist List Subject:Winter Parking Report Date:Tuesday, August 15, 2023 5:30:33 PM Hello, After reading the winter parking report, my hope is that the Vail Town Council willimplement the recommendations for local parking passes purchased last season to be recertified with no additional fee for the '23-'24 season, and that local passes are changed to a pay at exit pass instead of a card on file pass. Thank you, Cassie Scales | it's all happening | 54 AGENDA ITEM NO. 6.1 Item Cover Page DATE:August 15, 2023 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Action Items AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 14, Series of 2023, Second Reading, an Ordinance of the Town Council of the Town of Vail, Colorado Repealing and Reenacting Section 1-5-8 of the Vail Town Code, Regarding Compensation for the Mayor and Town Council Members SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 14, Series of 2023 upon second reading. PRESENTER(S):Krista Miller, Director of Human Resources and Risk Management VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CouncilMemo_2023-08-01_Council_Compensation_Ordinance (1).docx Council_Compensation_Ordinance-O070623.docx 55 To:Vail Town Council From:Human Resource & Risk Management Department Date:August 1, 2023 Subject:Ordinance to update Town Council Compensation I.SUMMARY The Town Council reviewed comparable community elected council compensation and requested an update to Council Compensation with the intent of encouraging demographic diversity of future councils and streamlining the process for adjustments to these compensation rates. II.BACKGROUND The Town Charter provides for Mayor and Council Member Compensation. Section 3.8 - Compensation: The members of the council shall receive such compensation and the mayor such additional compensation as the council shall prescribe by ordinance, provided, however, that they shall neither increase nor decrease the compensation of any member during his/her term of office. The mayor and councilmembers may, upon order of the council, be paid their actual and necessary expenses incurred in the performance of their duties of office. (1972 Charter; Charter amd. 11-6-2012) Based on the above provision, the Vail Town Council may consider an ordinance at any time to adjust compensation for future Mayors and/or Council members. Any ordinance changing compensation may take effect at the beginning of each term for a Council Member or each term for a Mayor. The current compensation rate for Mayor is $1,000 per month ($12,000 annually) and $625 per month ($7,500 annually) for Council Members. Upon review of compensation for comparable communities, the Town Council provided direction to bring an ordinance to update future compensation to match the 70 to 75 th percentile of the market and incorporate an automatic escalator to automate and simplify the process for future updates. III.DISCUSSION 56 Ordinance No. 14, Series 2023 Attached is an ordinance for Town Council consideration which provides an update of compensation for future council members in addition to providing an automatic escalator. The ordinance sets the updated monthly rate as $1,700 for Mayor and $1,200 for Town Council Members beginning following this November’s election. The ordinance includes an automatic escalation tied to the Denver/Aurora/Lakewood Consumer Price Index (CPI) following each election cycle. After further research and consideration, utilizing a standardized index is recommended as an alternative to a link to the town’s pay range increases. With each position being individually matched to the market, an approach based on this will not provide a clear process that can be easily described to candidates considering a Council role. In addition, adjustments to individual positions are evaluated on three-to-four year cycles which may not align with election cycles whereas the Consumer Price Index is published quarterly. Compensation levels for Mayor and Town Council Members may be included in the compensation study to assess market compared to the compensation strategy if a periodic market analysis is desired. Please note that the Bureau of Labor Statistics revised the local geographic area description, so any references to Denver-Boulder-Greeley are now reflected as Denver- Aurora-Lakewood. IV.ACTION REQUESTED OF COUNCIL Approve, approve with amendments, or deny Ordinance number 14, series of 2023 on first reading. 57 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@5808CF74\@BCL@5808CF74.DOCX ORDINANCE NO. 14 SERIES 2023 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO REPEALING AND REENACTING SECTION 1-5-8 OF THE VAIL TOWN CODE, REGARDING COMPENSATION FOR THE MAYOR AND TOWN COUNCIL MEMBERS NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section 1-5-8 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: § 1-5-8 COMPENSATION. (A)Mayor. The Mayor shall receive compensation in the amount of $1,700 per month during the Mayor's term of office. (B)Town Council. Each Town Council member shall receive compensation in the amount of $1,200 per month during their term of office. (C)Annual Increase. The monthly compensation for the Mayor and Town Council members shall automatically increase on January 1st of each year beginning January 1, 2025, in an amount equal to the percentage increase in the Denver-Aurora-Lakewood Consumer Price Index ("CPI"). Should the CPI decrease in any given year, the monthly compensation shall not decrease, but instead, shall remain the same as the prior year. (D) If the Town of Vail budget for any year does not include monies allocated for employee compensation increases, the monthly compensation for Mayor and Town Council will not increase, but instead remain the same as the prior year. Section 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3.The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4.The amendment of any provision of the 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 58 2 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@5808CF74\@BCL@5808CF74.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. Section 6.This ordinance shall take effect on November 21, 2023. For those officials elected to new terms at the November 7, 2023 regular Town election, the compensation set forth in this ordinance shall apply. For those incumbent officials who do not start new terms after the November 7, 2023 election, the prior version of Section 1-5-8 of the Vail Town Code shall apply through the remainder of their current terms. Thereafter, the compensation set forth in this ordinance shall apply to all future terms of the Mayor and Town Council members. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2023 and a public hearing for second reading of this Ordinance set for the 15th day of August, 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 15th day of August, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 59 AGENDA ITEM NO. 6.2 Item Cover Page DATE:August 15, 2023 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Ordinance AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 15, Series 2023, Second Reading, An Ordinance Repealing and Reenacting Section 7-3B-8 of the Vail Town Code, Regarding the Regulation of Boots on Motor Vehicles SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 15, Series 2023 upon second reading. PRESENTER(S):Chief Ryan Kenney, Vail Police Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: councimemobooting.docx Bootingordinance.docx 60 July 25 th, 2023 To:Town Council Through:Russel Forrest Town Manager From:Ryan Kenney Chief of Police Subject:Vehicle Booting There has been a recent increase in “booting” in Vail to deal with private parking problems. Some of these booting interactions have become violent and required a police response. Our current booting ordinance does not give the police department a lot of options for enforcement or compliance. We would like to update our ordinance to come in line with the Public Utilities Commission (PUC). We have received numerous complaints from booting incidents. People have complained about improper signage, lack of contact information to have the boot removed, and aggressive tactics from the booting companies. Updating our booting ordinance will allow the police department to have a better understanding of which companies are performing this service, who their local representatives are, what their PUC license number is and their plan to stay in compliance with PUC and Vail regulations. There are several significant changes we are requesting. Below is a list of those changes; No booting without a PUC permit. Comply with all PUC rules. Companies must obtain a permit from the TOV to operate in Vail. Strict rules for proper notice of parking regulations are provided at the time of the violation (permanent sign posted near each entrance satisfies this rule). All fees must adhere to PUC rules. Rules for an appeal process through the TOV. Penalty structure. We are asking Council to approve changes to the booting ordinance. 61 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@98086B26\@BCL@98086B26.DOCX ORDINANCE NO. 15 SERIES 2023 AN ORDINANCE REPEALING AND REENACTING SECTION 7-3B-8 OF THE VAIL TOWN CODE, REGARDING THE REGULATION OF BOOTS ON MOTOR VEHICLES WHEREAS, the Town currently regulates booting in Section 7-3B-8 of the Vail Town Code; WHEREAS, pursuant to C.R.S. § 42-5-103, it is a crime for any person, with criminal intent and without the owner's consent, to tamper with a motor vehicle; WHEREAS, pursuant to C.R.S. § 42-4-1210(1), a private property owner may designate specified areas on the private property available for public use only by authorized vehicles, and parking vehicles outside of such areas without permission from the owner is prohibited; WHEREAS, pursuant to C.R.S. § 18-4-504, impermissible parking of vehicles on private property is a trespass; WHEREAS, pursuant to C.R.S. § 42-4-2103, a private property owner may remove or dispose of an abandoned vehicle impermissibly parked on the property; WHEREAS, the Colorado Public Utilities Commission (the "PUC") extensively regulates towing carriers, tow truck operators and vehicle booting companies; and WHEREAS, to promote the health, safety and welfare of its citizens, the Town has the authority to regulate motor vehicle booting. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Section 7-3B-8 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: § 7-3B-8: BOOTING: (A)For purposes of this Section, the following terms shall have the following meanings: Boot or booting means to place a wheel immobilization device upon a motor vehicle for the purpose of prohibiting the operation of a motor vehicle. Chief means the Chief of Police or designee. Normal business hours means 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Town-recognized holidays. 62 2 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@98086B26\@BCL@98086B26.DOCX Vehicle booting company means a private corporation, partnership, sole proprietor, limited liability company or other entity in the business of immobilizing a motor vehicle through the use of a boot. (B)License Requirements: 1.No vehicle booting company shall engage in booting without a valid license from the Town. 2.No vehicle booting company shall operate within the Town without first obtaining a permit from the Colorado Public Utilities Commission (the "PUC") pursuant to 4 CCR § 723-6812, as amended. (C)Application: 1.An application for a license shall be made on forms provided by the Town Clerk and shall be accompanied by a nonrefundable application fee in the amount set forth by resolution of the Town Council. 2.Upon receipt of a complete application and the applicable fee, the Town Clerk or designee shall forward the application to the Chief, who shall conduct such investigation and criminal background check as is necessary to determine whether: a.The applicant has been convicted of theft or embezzlement, any offense involving the unlawful use, taking or conversion of a vehicle belonging to another person, or a felony; or, if the applicant is a corporation, that its officers, directors and principal stockholders are of good business repute and have not been convicted of theft or embezzlement, a felony or any offense involving the unlawful use, taking or conversion of a vehicle belonging to another person; b.The applicant has received and has currently in force a permit to operate as a vehicle booting company from the Colorado Public Utilities Commission (the "PUC"). c.The applicant has adequate, safe equipment and an adequate recordkeeping system and can otherwise comply with the rules and regulations provided herein; and d.The applicant has public liability and property damage insurance or a surety bond providing coverage of at least one million dollars ($1,000,000) per occurrence. (D)Issuance or Denial: 1.Within fifteen (15) days, the Chief shall recommend, in writing, that the Town Clerk issue or deny the license. The Chief shall state the reasons for a recommendation of denial. 2.The Town Clerk shall then issue the license or deny the license. 63 3 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@98086B26\@BCL@98086B26.DOCX (E)Suspension or Revocation: The Town Clerk may suspend or revoke a license if the vehicle booting company violates any provision of this Code or provides false information to the Town Clerk or to the Chief in an application for a license. Prior to any suspension or revocation, the Town Clerk shall provide at least ten (10) days' prior written notice to the vehicle booting company. Such notice shall state the grounds for suspension or revocation and shall be mailed by first class U.S. Mail to the vehicle booting company's last known address. The Town Clerk shall consider any response submitted by the vehicle booting company prior to their decision. (F)Renewal: Licenses must be renewed on or before the anniversary date of the license, and requests for renewal shall be accompanied by the renewal fee set by resolution of the Town Council. (G)Equipment: Vehicle booting company vehicles shall be clearly marked with the business name and license number and shall have a blinking amber light on the top of or above the vehicle when engaged in booting operations. (H)Personnel: All employees of a vehicle booting company shall be qualified to participate in booting operations within the Town. Employees shall always have on their person a picture identification card containing: the employee's picture, the employee's name, the employer's name and the license number. Every employee shall wear reflective traffic safety vests while booting. (I)Rates: 1.The Town shall enforce a schedule of reasonable rates and charges consistent with those set forth by the PUC under 4 CCR § 723- 6817(b), as amended. 2.A vehicle booting company shall not charge a boot removal fee higher than seventy-five percent (75%) of the rate allowed by the PUC for the nonconsensual tow of a motor vehicle with a GVWR of less than ten thousand (10,000) pounds when requested to remove the boot. 3.If the owner, authorized operator or authorized agent of the owner of a motor vehicle that is parked without the authorization of the property owner attempts to retrieve the motor vehicle while the booting operator is still with the vehicle, a "drop charge" shall not be higher than what is established by the PUC. 4.There shall not be any boot removal fee assessed if the boot cannot be removed within ninety (90) minutes from the time of the request for removal by the vehicle owner or vehicle owner's designee. Any dispute regarding this timeframe may be refuted based on the phone records from the vehicle booting company. 5.A boot applied at the direction of a Town police officer shall only be released at the direction of a Town police officer. 64 4 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@98086B26\@BCL@98086B26.DOCX 6.A vehicle booting company shall accept payment by cash or by credit card for the boot removal fee. The vehicle booting company shall obtain, carry and maintain in working order such portable credit card payment equipment as may be necessary to accept payment by credit card at the location of the placement and removal of a boot. (J)Written Authorization: No vehicle booting company shall commence or originate the booting of a vehicle in the Town without the written consent of the registered owner, legal owner, person in control or other having a legal right to possession of the vehicle, or upon direction from a police officer, except when the owner or person in lawful possession of private property, or their agent, gives written consent to a vehicle booting company to boot a vehicle. A copy of the written consent shall be given to the Police Department upon request. (K)Other Booting Regulations: 1.Vehicle booting companies shall not boot vehicles based on expired license plates. 2.Each vehicle booting company operator shall maintain a daily log of the cars that are booted, by license plate, VIN number if legible, location, date and time, and shall, upon request, provide that log to the Police Department before the end of the business day following the boot of a vehicle during normal business hours. 3.Private parking lots that contain one (1) or more parking spaces and for which the property owner uses vehicle booting for parking enforcement shall have posted a conspicuous sign near each entrance to the parking lot. Such sign shall comply with the Town's sign code, and shall provide notice, with reflective background, that unauthorized vehicles will be booted. 4.After a boot is placed on any vehicle, the vehicle booting company shall: a.Affix a conspicuous and obvious notice to the vehicle that contains the name, address, telephone number and license number of the vehicle booting company that placed the boot on the vehicle, the amount of the boot removal fee, the right to have the boot removed within ninety (90) minutes of contacting the vehicle booting company, the name and telephone number of the property owner or manager authorizing the boot, the signature of the vehicle booting company operator or designee, a description of the right to request a post-seizure hearing under this Section and the following written statement: "The vehicle was booted by the property owner for a private property parking violation as outlined in Vail Town Code, Section 7-3B-8. The Town of Vail was not involved in the action."; 65 5 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@98086B26\@BCL@98086B26.DOCX b.Maintain personnel authorized to remove any boot and release any vehicle to its owner or driver upon the payment of any boot removal fee during such times as required in this Section; c.Accept payment by cash or by credit card; and d.Provide a receipt upon payment for removal of the boot, listing the fees and advisement of the right to request a post-seizure hearing for vehicle immobilization pursuant to this Section. 5.Charges for damage to booting equipment shall not be governed by this Section and shall not prevent the vehicle's release if scheduled fees are satisfied. (L)Post-Seizure Hearing: 1.The owner or operator of a previously booted vehicle may request a "post-seizure" hearing by providing a written request to the Town Clerk within ten (10) days of the date the vehicle was booted. 2.The hearing shall be conducted by a hearing officer designated by the Town in the same manner as outlined in Article 3A of Chapter 3 of this Code. The vehicle booting company shall have the burden to establish that there was probable cause to immobilize the vehicle. 3.The hearing officer shall determine whether a violation of this Section occurred. The hearing officer may reverse or reduce any fees charged. (M)Appeals. Any decision of the hearing officer under this Section may be appealed as follows: 1.A written appeal shall be filed with the Town Clerk within ten (10) days of the date of the decision being appealed, including the basis for the appeal. 2.The Town Council shall consider the appeal, on a de novo basis, at a public meeting held within thirty-five (35) days of receipt of the appeal. The decision of the Town Council shall be final, subject only to judicial review. (N)Violation; Penalty. 1.Violation: It is unlawful to violate any provision of this Section. Each day of violation shall be deemed a separate offense. 2.Civil Enforcement: a.If the Town chooses civil enforcement, a citation may be served by posting on the front door of the business in violation, or by personal service on the alleged violator, or by mailing first-class U.S. Mail to the last known address of the alleged violator. b.Civil violations shall be subject to the following fines and penalties: 66 6 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@98086B26\@BCL@98086B26.DOCX i.First violation in any twelve (12) month period: $500. ii.Second violation in any twelve (12) month period: $1,500. iii.Third and subsequent violations in any twelve (12) month period: $2,500. c.All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the violation is contested, a written protest shall be filed with the Town within fourteen (14) days of the date of the citation, and the Town shall cancel the citation and proceed to criminal enforcement. 3.Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. 4.Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief. Section 2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3.The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4.The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 67 7 8/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@98086B26\@BCL@98086B26.DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2023 and a public hearing for second reading of this Ordinance set for the 15 th day of August, 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 15 th day of August, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 68 AGENDA ITEM NO. 6.3 Item Cover Page DATE:August 15, 2023 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Community Development ITEM TYPE:Action Items AGENDA SECTION:Public Hearings SUBJECT:Ordinance No. 16, Series of 2023, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code to Clarify the Requirements for the Issuance of a Building Permit SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 16, Series of 2023 upon second reading. PRESENTER(S):Matt Mire, Town Attorney VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Ordinance No. 16, Series 2023 Staff Memorandum.pdf Attachment A. Ordinance No. 16, Series of 2023 -O072123.pdf Attachment B. PEC23-0009 Memo 7-10-23.pdf Attachment C. PEC Minutes 7-10-23.pdf 69 Town of Vail 1 TO: Vail Town Council FROM: Community Development Department DATE: August 15, 2023 SUBJECT: Second reading of Ordinance No. 16, Series of 2023, for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-3-9 Compliance; Violations; Penalties, to clarify the requirements for issuance of a building permit and setting forth details in regard thereto. (PEC23-0009) Applicant: Town of Vail Planner: Greg Roy I. SUMMARY The applicant, Town of Vail, is proposing to amend Section 12-3-9 Compliance; Violations; Penalties. This update was recommended by the Town’s legal department and is intended to clarify the requirements for issuance of a building permit. 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. 16, Series of 2023, on second reading. III. DESCRIPTION OF REQUEST Please see Attachment A for the draft ordinance with the proposed language for Section 12-3-9, Vail Town Code. IV. BACKGROUND The Planning and Environmental Commission (PEC) held a public hearing on the proposed amendment on July 10, 2023. There was discussion as to the best language for the definition of an applicant, combining a few of the subsections, and the PEC 70 Town of Vail 2 provided input on keeping the language narrowly tailored to have the desired effect while not producing unwanted burden on staff. On July 10, the PEC recommended approval, with conditions, in a 5-2-0 vote (Jensen and Rediker opposed; Rediker noted his opposition is not substantive but that he was not comfortable forwarding a recommendation before reviewing the final language). Conditions: 1. The removal of “any other applicable law” from Sections 1, 2, and 3. 2. Refining the scope of Section 5 as noted in the commissioner comments. The PEC conversation regarding condition number one is reflected in the minutes from the July 10th PEC meeting but can be summarized that the term “any other applicable law” could have very sweeping meaning from Town Code to Federal law and should be removed or refined. Condition number two is related to the determination that a tailored definition of “applicant” is needed. While there are many LLC ownership structures which is what the subsection is targeted at, how would it impact a larger corporation or building from pursuing a minor building permit if any of their members is in violation of a law. The changes with this amendment are summarized below: (1) The Town shall not issue a building permit unless, at the time of application, all of the following are in full compliance with all applicable requirements of this Code and any other applicable law: the real property on which construction will occur; the proposed building or structure; and the use of the real property on which construction will occur. (2) The Town shall not issue a building permit if, at the time of application, the applicant maintains any activity on any property within the Town that is not in full compliance with all applicable requirements of this Code and any other applicable law. (3) The Town shall not issue building permit if, at the time of application, the applicant maintains any activity on any property within the Town that is not in full compliance with all applicable requirements of this Code and any other applicable law. (4) The Town shall not issue a building permit if the applicant is delinquent in any payments to the Town, including without limitation taxes, fines and penalties. (5) For purposed of this Section, if the applicant is a corporation, company, trust or similar entity, “applicant” includes all any of its members, directors, trustees and or principals who have a possessory interest in the property that is the subject of the application. Town Council approved Ordinance No. 16, Series of 2023 on first reading at the August 1st, 2023 Town Council meeting. 71 Town of Vail 3 V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 16, 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. 16, Series of 2023, an ordinance amending Section 12-3-9 Compliance; Violations; Penalties, to clarify the requirements for issuance of a building permit and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 16 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. 16, Series of 2023 B. Staff Memorandum to PEC, July 10, 2023 C. PEC Minutes, July 10, 2023 72 7/25/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 16, SERIES OF 2023/ORDINANCE NO. 16 - O072123.DOCX ORDINANCE NO. 16 SERIES 2023 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO CLARIFY THE REQUIREMENTS FOR ISSUANCE OF A BUILDING PERMIT NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-3-9(B) of the Vail Town Code is hereby amended to read as follows: 12-3-9: COMPLIANCE; VIOLATIONS; PENALTIES. * * * (B) Building permit. (1) The Town shall not issue a building permit unless, at the time of application, all of the following are in full compliance with all applicable requirements of this Code: the real property on which construction will occur; the proposed building or structure; and the use of the real property on which construction will occur. (2) The Town shall not issue a building permit if, at the time of application, the applicant owns any other real property within the Town that is not in full compliance with all applicable requirements of this Code. (3) The Town shall not issue a building permit if, at the time of application, the applicant maintains any activity on any property within the Town that is not in full compliance with all applicable requirements of this Code. (4) The Town shall not issue a building permit if the applicant is delinquent in any payments to the Town, including without limitation taxes, fines and penalties. (5) For purposes of this Section, if the applicant is a corporation, company, trust or similar entity, "applicant" includes any of its members, directors, trustees or principals who have a possessory interest in the property that is the subject of the application. 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. 73 2 7/25/2023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/23/ORDINANCE NO. 16, SERIES OF 2023/ORDINANCE NO. 16 - O072123.DOCX Section 3. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 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 74 TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 10, 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 12-3-9 Compliance; Violations; Penalties, to clarify the requirements for issuance of a building permit and setting forth details in regard thereto. (PEC23-0009)   Applicant: Town of Vail Planner: Greg Roy I. SUMMARY The applicant, Town of Vail, is proposing to amend Section 12-3-9. This update was recommended by the Town’s legal department and is intended to clarify the requirements for issuance of a building permit. 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 Section 12-3-9, pursuant to Section 12-3-7, Amendment, Vail Town Code, to simplify and clarify the requirements for issuance of a building permit. This amendment will require the property to be in compliance with applicable laws and sections of Town Code prior to issuance of a building permit. The objective of the amendment is to ensure that properties are maintained in accordance with Town Code as development occurs over time. III. PROPOSED TEXT AMENDMENT LANGUAGE 75 Town of Vail Page 2 Please see Attachment A for the draft ordinance with the proposed language for Section 12-3-9, Vail Town Code. The section would be amended with the proposed language. Existing language: (B) Building permit. No permit for erection, alteration, moving or repair of any building, structure or use shall be issued unless the proposed building, structure or use complies with the requirements of this title. Proposed language: (B) Building permit. No permit for erection, alteration, moving or repair of any building, structure or use shall be issued unless the proposed building, structure or use complies with the requirements of this title. (1) The Town shall not issue a building permit unless, at the time of application, all of the following are in full compliance with all applicable requirements of this Code and any other applicable law: the real property on which construction will occur; the proposed building or structure; and the use of the real property on which construction will occur. (2) The Town shall not issue a building permit if, at the time of application, the applicant owns any other real property within the Town that is not in full compliance with all applicable requirements of this Code and any other applicable law. (3) The Town shall not issue a building permit if, at the time of application, the applicant maintains any activity on any property within the Town that is not in full compliance with all applicable requirements of this Code and any other applicable law. (4) The Town shall not issue a building permit if the applicant is delinquent in any payments to the Town, including without limitation taxes, fines and penalties. (5) For purposes of this Section, if the applicant is a corporation, company, trust or similar entity, "applicant" includes all of its members, directors, trustees and principals. IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and 76 Town of Vail Page 3 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 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 the following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and 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 77 Town of Vail Page 4 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. Vail 2020 Strategic Action Plan Goal #1 Actions/Strategies: Update planning document, ensuring public participation and regional government participation to reflect current conditions, management of growth and gain a clear understanding of a preferred future scenario for Vail VI. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable environmental impacts. 78 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 promotes the general welfare of the town and the coordinated and harmonious development of the town as well. The amendment expands upon the permit requirements to ensure that applicants and properties in town are following applicable laws throughout the permitting process. This will hold applicants responsible for the ongoing use and maintenance of properties under their ownership. 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 aims to maintain established community qualities and economic values as well as safeguard and enhance the appearance of the town, 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 permit process, as well as bring this section up to date with practices of peer communities. As the town continues to develop the expectation is that properties are maintained in conformance with town code and other applicable laws. This amendment will ensure that any violations of Town Code are corrected prior to a building permit issuance. Staff finds that the proposed text amendment meets this criterion. 79 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 is meant to ensure that properties within the town are maintained in accordance with the requirements of Town Code. 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 12-3-9 Compliance; Violations; Penalties, to clarify the requirements for issuance of a building permit and setting forth details in regard thereto. (PEC23-0009) Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section VII of the July 10, 2023, staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the 80 Town of Vail Page 7 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 12-3-9 81 Present:Reid Phillips John Rediker Brad Hagedorn Robyn Smith Henry Pratt Bobby Lipnick Bill Jensen 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: Greg Roy Applicant Name: Town of Vail 3.1 A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12- 3-9 Compliance; Violations; Penalties, to clarify the requirements for issuance of a building permit and setting forth details in regard thereto. (PEC23-0009) Planner Roy gives a presentation on the application. He runs through the existing and proposed language. Smith asks how about the typical number of building applications. Roy says it is typically in the 300-500 range per year. Smith asks about the turnaround on that process. Roy says the general timeframe is 3-4 weeks depending on the scope of the project. Rediker asks about the impetus for the change. Roy says it was brought forth by the Town Attorney’s office. It would apply to some recent incidents involving stream tract violations, but generally is another tool to get properties in compliance. Smith asks about the discovery process for a property. Planning and Environmental Commission Minutes Monday, July 10, 2023 1:00 PM Vail Town Council Chambers Staff Memo PEC23-0009.pdf Attachment A. Draft Ordinance Amendment Title 12-3-9.pdf 1 Planning and Environmental Commission Meeting Minutes of July 10, 2023 82 Roy says Community Development relies on other departments for some of that additional information. Smith wonders if the language is proposing something of a background check in relation to permitting. Rediker expands on an example of this and says it merits further discussion. Phillips says the proposed language seems like a cleanup tool using the building department and permit process to help clean up other violations. Matt Mire is the Town Attorney. He said there was a recent situation that applies but it’s not an isolated situation. The Council has been spending a lot of time and efforts on streambank protection and the Town could lose its gold medal fishing standard. There have also been some sales tax examples. It’s not unreasonable for the Town to protect the streambank. He talks about a recent case of streambank violation. He says this is pretty standard language in similar communities where compliance with city code is the threshold. Rediker’s concern is to make sure an ordinance is narrowly tailored to address the harm to be addressed and not cast too wide a net. He references Section 5 – is there a problem for a corporation or individual that’s part of an organization with dozens of other members, directors etc..; Would they be refused a building permit because of something outside of that individual applicant’s control? He gives some potential examples. Mire says he will look at that language. The impetus is that many properties are not owned by individuals, but that Section could potentially be narrowed. Rediker says he could see the concern of an individual with violations hiding behind an LLC, but also has concerns about the wide scope of Section 5 as proposed. Mire says the intent is to address the violation with the owner not some random employee without a direct or substantial relationship. Rediker gives additional examples – his concern is that individuals without connections to the property or LLC could be restricted. Mire acknowledges that concern and says it could be looked at. Rediker brings up the proposed Section 2. He asks about the phrase “and any other applicable law.” He is concerned this could be interpreted as an issue if they have outstanding federal taxes for example. Could that interpretation occur? Mire says he will look at it, he will re-examine potentially removing that phrase. Rediker asks about the word applicable in Section 2. Is this related to specifically to development or any Section of the code like stated later in the proposed ordinance? Mire says that can also be examined. The concern is that violations of trespass and stream tract on adjacent property are getting captured. Hagedorn has concerns about Section 5. He understands piercing the corporate veil but asks about personal liability for the permit process itself. Mire says none of the properties they have pursued this are individuals, and we don’t want to get down in the weeds with employees or creating liability just have the ability to enforce. He doesn’t think it creates any liability. However, the language can be cleaned up. He is trying to capture those with ownership interest, since most properties are owned by LLCs, etc. He also adds that this is a time-sensitive issue but doesn't want to rush the PEC and all the comments from the PEC can be incorporated in the presentation to Council. 2 Planning and Environmental Commission Meeting Minutes of July 10, 2023 83 Lipnick asks about the difference between Section 2 and 3. He also agrees that Section 5 is too broad. Roy says Section 2 is more specific to whether the property itself complies for how it’s maintained versus how it is used in Section 3. Mire agrees and says those two could probably be combined. Jensen says when it’s a corporation or company, how does the Town figure out who is invested. He shares concerns with Rediker that the scope of Section 5 could be broadly interpreted. He is not comfortable with the current language and would like to see revisions. Mire says the principal thought is good, the language of possessory interest in the subject property could address some of these concerns. Phillips says at times LLC’s or trusts are established to insulate owners from liability or violations. It’s important for the Town to have the tools to sort through this and an owner who is blatantly violating code shouldn’t be able to pull permits. He doesn’t want to gut the provisions that would allow this to be enforced – there are people who would find a way to shelter their violations. Section 5 is a critical piece of the language. Mire says Council appreciates the comments from the PEC, for instance in the appeals language it improved the amendment. He reiterates the commission’s comments will be conveyed to council. Phillips adds that we do need to provide tools and language to protect the Town from owners that are in violation on other properties in getting new permits. Rediker asks if there are any further questions. Smith says this is a useful tool but the cure may be worse than the malady. It creates a tremendous administrative lift, especially when there are multiple properties or entities involved. What is the remedy to address violations? She is afraid this will penalize people who are acting in good faith pulling the permit. She suggests that rather than checking it on the front end, it comes up when a violation is flagged and let the failure be the catalyst for the discovery process. Mire says some of this is more of a policy consideration which Council should weigh in on. He appreciates the thoroughness, but this is not a common occurrence. There probably won’t be a deep investigation unless something is brought to the Town’s attention. Smith says it could be an opportunity to block or delay a development. Roy says people are notified in the system when they apply if they have a violation. This will come up prior to permit if they are in violation, there is a time-period where they will have time to correct it prior to permit. Mire says you already have to correct violations for Title 12, this is expanding that process to the entire Town Code. Smith bring up the West Vail Example and how this could be applied in that case. Hagedorn posits that the Town won’t do investigative review on every permit; if an application comes through with an active violation it will be used to enforce this. Rediker says he has concerns about Section 5 but doesn’t want to water down the Town’s ability to enforce this when there are violations. Phillips asks if neighboring municipalities can stop work or revoke a permit if an individual files suit against the Town? A stop work order can be put on it if you fall into litigation regarding the permit. Phillips 3 Planning and Environmental Commission Meeting Minutes of July 10, 2023 84 agrees on streamlining the permit process but also understands the other side that some people may be trying workarounds regarding violations. He supports the purpose of the amendment. Mire doesn’t believe that is in there, just that permit activity is stayed in the event of an appeal. Rediker brings up Sections 2 and 3. What if a property owner has property in West Vail which has many non-conforming properties? What is there is an existing non-conformity? Mire says it would be a legal non-conformity so they wouldn’t be in violation. They only need to be brought into compliance based on certain redevelopment criteria. Roy confirms if it was built legally, it would be the subject to the non-conforming section and not a violation. Jensen asks if there is existing language where someone who is denied a permit has a way to appeal it. Roy says it depend on what it is denied for, it could go to the building board of appeals. Jensen clarifies how could somebody contest a denied permit because of a determination on these five sections. Roy says it would be an appeal of an administrative decision. Smith asks about the urgency of the process. Rediker says the PEC’s charge is to provide a recommendation to Council. He runs through some of the consideration of this and the different approaches that can be used. Mire says its often stream tract violations. Rediker assumes there are still mechanisms for the Town to address existing violations, this is just extra teeth to help enforce those. Mire says Council has concerns about some recent events and would like to prioritize this. Smith agrees it is irritating but once the code is changed it is changed. Mire says that is the most communities don’t narrow the language to one Title like Vail currently does. Rediker asks for public comment. No public comment. Public comment closed. Rediker runs though some of the options for the commission. Hagedorn understands the intent of the amendment, he has stated his concerns specifically with Section 5. He appreciates the clarification on 2 & 3 regarding non-conformities. He would favor approval with condition of addressing concerns to Council. This includes narrowing the scope in Section 5 and also the breadth of “any applicable law” in Sections 2 & 3. Jensen appreciates this as a draft but would like to see an amended version for the PEC to consider. Phillips is fairly comfortable with proposed language given the revisions as discussed. He concurs there is an opportunity to forward a recommendation with the revisions as discussed. Pratt agrees that Section 5 is overbroad, and shares concerns that the use of “applicable law” in Sections 1-3 seems heavy handed in relation to permits. The concept is well intentioned, he is concerned that a bad actor could use it to achieve something well beyond the current intent. 4 Planning and Environmental Commission Meeting Minutes of July 10, 2023 85 Lipnick agrees Section 5 needs to be narrowed. He says Sections 2 & 3 could be combined as well as concerns with “other applicable laws”. He would like to see an amended version come back to the PEC. Smith reiterates she can’t support this in current form. She suggests tying it to repeated bad actors, otherwise it creates an administrative burden if applied to all permit activity. Smith suggests that it fails in helping our good citizens have an easier procedure, lower costs, etc. She also cites concerns with Criteria 2. Rediker summarizes his concerns. He recommends removing “and any other applicable law” from Section 1-3 as discussed. He doesn’t want to take the teeth out of enforcement but is concerned Section 5 is overly broad. He is glad that existing non-conforming properties were clarified as separate from violations. He walks through the options for the commission. Pratt asks about the implication of a denial of recommendation. Roy goes through the options. Pratt says they have thoroughly examined the proposal, there is an option of sending a recommendation based on the discussion and revisions today. Phillips reiterates Council will have the notes and comments, the PEC is simply recommending here. Phillips makes a motion to recommend but excluding the language of "any applicable law" and revising the broadness of Section 5. 4.Approval of Minutes 4.1 PEC Results 6-26-23 5.Information Update 5.1 Environmental Sustainability Department Update Cameron Millard, Energy Efficiency Coordinator, gives a presentation on Climate Action efforts. Millard and the Environmental staff take questions and comments from commissioners on the presentation and climate efforts. Reid Phillips made a motion to Approve with the findings on pg. 6 & 7 of the staff memo and the following revisions: 1. The removal of "any other applicable law" from Sections 1 through 3 2. Refining the scope of Section 5 as noted in the commissioner comments (Rediker notes his opposition is not based on substance but that he is not comfortable forwarding a recommendation before seeing the final language) ; Henry Pratt seconded the motion Passed (5 - 2). Voting For: Bobby Lipnick, Robyn Smith, Henry Pratt, Reid Phillips, Brad Hagedorn Voting Against: Bill Jensen, John Rediker PEC Results 6-26-23.pdf Reid Phillips made a motion to Approve ; Bill Jensen seconded the motion Passed (7 - 0). 5 Planning and Environmental Commission Meeting Minutes of July 10, 2023 86 6.Adjournment (Jensen not present for vote) Bobby Lipnick made a motion to Adjourn ; Robyn Smith seconded the motion Passed (6 - 0). 6 Planning and Environmental Commission Meeting Minutes of July 10, 2023 87