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Home My WebLink About2023-09-05 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.) 1.1 Citizen Participation 2.Any action as a result of Executive Session 3.Proclamation 3.1 Proclamation No. 9, Series 2023, Recognizing the Vail Public Library's 40th Anniversary 5 min. Read proclamation into record. Presenter(s): Kim Langmaid, Mayor 3.2 Proclamation No. 10, Series 2023, Recognizing National Library Sign-Up Month 5 min. Read proclamation into record. Presenter(s): Kim Langmaid, Mayor 4.Consent Agenda (5 min.) 4.1 Resolution No. 33, Series of 2023, A Resolution Approving a Real Property Acquisition Approve Resolution No. 33, 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 A5, 1860 Meadow Ridge Road, Vail, Colorado, in the amount not to exceed $699,500.00 plus closing costs. Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal VAIL TOWN COUNCIL MEETING Evening Session Agenda Town Council Chambers and virtually via Zoom Zoom meeting link: https://us02web.zoom.us/webinar/register/WN_S1aDuUqrQmSVKZIOoOh26w 6:00 PM, September 5, 2023 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. Citizen Participation.pdf 40th Anniversary Proclamation 2023.docx National Library Card Sign-Up Month 2023 Proclamation.docx 1 government. If this property is acquired, due to the existence of the right of first refusal, the home will be added to the Town of Vail pool of rental homes for municipal employees. Currently, there are multiple positions vacant within the Town organization with the peak of the winter hiring season less than 90 days away. The lack of the availability of homes for the Town’s workforce is critical to successful recruitment and retention. 4.2 Resolution No. 34, Series of 2023, A Resolution Establishing a Baseline of Affordable Housing for the Purposes of Filing a Commitment with the Colorado Department of Local Affairs Pursuant to the Requirements of Colorado Proposition 123 Approve, approve with amendments, or deny Resolution No. 34, Series of 2023, and authorize Town Staff to file a commitment of 9 homes per year, or 27 total homes, by December 31, 2026, allowing the Town to apply for and receive Colorado Proposition 123 grant funds. 4.3 Resolution No. 35, Series of 2023, Approving Master Leases for Timber Ridge Approve, approve with amendments, or deny Resolution No. 35, Series of 2023. Background: A Resolution of the Vail Town Council approving a master lease between the Town of Vail and Vail Associates, Inc. 4.4 Resolution No. 36, Series of 2023, A Resolution of the Vail Town Council Approving Procedures for Conducting Appeals and Quasi-Judicial Land Use Approve, approve with amendments, or deny Resolution No. 36, Series of 2023. Background: These rules are intended to establish reasonable procedures to protect applicable due process rights and to ensure that hearings proceed in a fair and expeditious manner for the Zoning Administrator, Design Review Board (DRB), and Planning and Environmental Commission. 4.5 Pitkin Creek Master Lease Renewal Approve, approve with amendments, or deny the Pitkin Creek Master Lease Renewal. Resolution No. 33, Series of 2023 Buffer Creek Condominium purchase 08152023.doc Resolution No. 34, Series 2023 Colorado Proposition 123.pdf Opting_In_Proposition_123_Letter_of_Support_from_VLHA_08222023.pdf VR Master Lease REs.docx Master Lease-A082023 kh.docx 2023-36 Res.doc Rules of Procedure for Appeals.docx Rules of Procedure- QJ Land Use Hearings_ (002).docx Town Council Memo Pitkin Creek Masterlease.docx DOC_230828.pdf 2 4.6 Stormwater Maintenance Contract Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with Kinetic Industry for maintenance of stormwater infrastructure, in an amount not-to- exceed $95,000.00. 5.Town Manager Report (10 min.) 5.1 Town Manager Report 5.2 Council Matters and Status Report 6.Action Items 6.1 Letter of Intent for 2024 Après at the Amp Concert Sponsorship 10 min. Approve, approve with amendments, or deny Letter of Intent for the Après at the Amp Concert. Presenter(s): Jeremy Gross, Special Event Coordinator Background: The Town of Vail, Vail Resorts and the Vail Valley Foundation are collaboratively working towards the return of the Après at the Amp concerts in April of 2024. Town staff is requesting a letter of intent, indicating our sponsorship amount of $125,000 for the event, which has been included in the draft budgets for the Economic Development Department. 6.2 Dowd Junction Streambank Stabilization Project Budget Adjustment 10 min Approve the budget adjustment. Presenter(s): Tom Kassmel, Town Engineer Background: Update Project Budget to include additional contribution from ERWSD and ECO Trails. 6.3 Subsurface Utility Engineering Change Order 5 min Authorize the Town Manager to execute a change order, in a form approved by the Town Attorney, with SGM Inc. to complete the Subsurface Utility Engineering in the amount not to exceed $130.000.00. Direct Staff to increase the Capital Project's fund budget by $60,000 for the increased cost of this project. Presenter(s): Chad Salli, Project Engineer Background: SGM Inc. is under contract with the Town to complete Subsurface Utility Engineering (SUE) in preparation for the Town to continue installation of the Town's fiber optic backbone, by installing conduit from Fire Station #3 in West Kinetic Industry PSA 2023.pdf Fall 2023 Stormwater Maintenance SOW EXHIBIT A.pdf Exhibit B Gutter Bin IDs and Locations.xlsx Town Manager Update 09.05.23.docx 230905 Matters.docx Priority Vail Town Council Goals for 2023.docx 230905 VVF LOI.pdf CouncilMemo9-5-23.docx 3 Vail to Lionshead along the S. Frontage Road and Gore Valley Trail. SUE is required by state law anytime a project meets certain requirements, and the fiber project meets 4 key requirements. The attached memo has additional information. 6.4 Ordinance No. 17, Series of 2023, First Reading, An Ordinance for a Prescribed Regulation Amendment Pursuant to Section 12-3-7 Amendment, Vail Town Code, to Amend Section 12-21-10 Development Restricted, to Allow Structures in the Housing Zone District to be Built on a Slope of 40% or Greater and Setting Forth Details in Regard Thereto. (PEC23-0016) 15 min. Approve, approve with amendments, or deny Ordinance No. 17, Series 2023, upon first reading. Presenter(s): Greg Roy, Planning Manager and Jonathan Spence, Planning Consultant Background: The Planning and Environmental Commission (PEC) held a public hearing on the proposed amendment on August 14, 2023. There was discussion as to the appropriateness of the variance process and corresponding criteria for reviewing housing developments on steep slopes. The PEC also discussed the potential impact of the code change on the review of large residential structures on steep slopes. It was determined that the existing review process based on adopted building codes and other engineering requirements would be unaffected by removing the need for a variance for projects on steep slopes within the Hosing District. The PEC recommended approval in a 6-1-0 vote (Pratt opposed). Commissioner Pratt expressed a preference to continue to review potential development on steep slopes within the Housing District on a case by case basis, using the existing variance process. 6.5 Ordinance No. 18, Series 2023, First Reading, An Ordinance Amending Chapters 11 and 12 of Title 7 of the Vail Town Code Regarding Pedestrian Mall Areas in the Town 10 min Approve, approve with amendments, or deny Ordinance No. 18, Series 2023, upon first reading. Presenter(s): Chief Ryan Kenney, Vail Police Department Background: Staff is requesting changes to the Ordinance No. 15, Series 2022, to address HVCCs and strengthen language for the Loading & Delivery maps. 7.Public Hearings council_memo-Fiber_SUE_CO__1_.docx Ordinance No. 17, Series 2023 Staff Memorandum.pdf Attachment A. Ordinance No. 17, Series of 2023.pdf Attachment B. PEC23-0016 Memo 8-14-23.pdf Attachment C. PEC Minutes, August 14, 2023.pdf L&Dcouncilhvcc.docx Ped_Mall_Amendment-O082823__002_.docx 4 7.1 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 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. 8.Adjournment 7:35pm (estimate) councimemobooting2.docx Booting-O072423_2_ (4).docx 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. 1.1 Item Cover Page DATE:September 5, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Citizen Participation AGENDA SECTION:Citizen Participation (10 min.) SUBJECT:Citizen Participation SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Citizen Participation.pdf 6 From:Nicholas Agnew To:PublicInputTownCouncil; Travis Coggin; Barry Davis; Kevin Foley; Jonathan Staufer; Jen Mason; Kim Langmaid; Pete Seibert; Russell Forrest Subject:Negative Interaction between Residents, Owners and Guests Date:Sunday, September 3, 2023 3:55:47 PM Thank you for taking the time to consider this concern... I am writing to share an increasingly common experience I am having while residing in the Town of Vail. I am a long term renter who has lived in Vail 18 years, having rented in my current location for just over 13 years. I am very fortunate to have the opportunity to be part of a unique, but increasingly unavailable living situation. My home is on a private pond that is available for use by the owners in their association. This property is clearly marked from every entrance point that it is Private Property and is only for use of the owners in the association. As a year round resident, and because of my proximity to the pond, the owners of the association have charged me with the task of monitoring unauthorized use of the space. Over the years the amount of "Guests" trespassing and illegally using the pond for recreation and fishing has increased from having to intervene once or twice a year to once or twice a week during the summer months. I had one of these interactions this morning. When I approached this unidentified group and asked if they were guests of one of the members of our association, they replied they were staying in a "unit they rented across the street and the people they rented from said they could fish the pond." I then informed them of the signs clearly displaying that this was private property and they were currently trespassing. The "Guests" argued with me for over 10 minutes at which point I inquired about them having a fishing license, which they did not have, and were unaware they even needed. As self proclaimed proponents of conservation, we need to do better. I believe this specific incident is just one example of an upward trend we are experiencing as residents of the Town of Vail. When I moved to town I was required to take a class to receive my merchant ski pass. This class taught the courtesies and values that the town expected all of us to have as representatives of our community. Might I suggest that in order to obtain a Short Term Rental License, owners ought to be subjected to the same type of class? In a hotel setting, guests are supervised and given direction by Hotel Staff, Concierges and Licensed Outfitters. I am aware that this type of lodging is relatively new and that there will be a learning curve in understanding what is needed to properly regulate. The Town of Vail values are listed as "Passion, Respect, Trust, Integrity, Innovation, Collaboration, and Environmental Sustainability". My interaction with the "Guests" was in violation of at least 4 of our values. I do have sympathy for the "Guests" as they were falsely informed of what was included in their rental by the owners of "the unit across the street". We owe it to ourselves to better educate our guests and absentee owners the town's expectations as a visitor; as we are the stewards of our environment. 7 There is currently a level of neglect that is creating increasing frustration between the town and its full time residents. We all need to co-exist and as far as I can see, we are doing our part so I expect them to do theirs. Thank you, Nicholas Agnew TOV Resident and Employee 8 AGENDA ITEM NO. 3.1 Item Cover Page DATE:September 5, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Proclamation AGENDA SECTION:Proclamation SUBJECT:Proclamation No. 9, Series 2023, Recognizing the Vail Public Library's 40th Anniversary SUGGESTED ACTION:Read proclamation into record. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 40th Anniversary Proclamation 2023.docx 9 PROCLAMATION NO. 9, SERIES OF 2023 Vail Public Library’s 40th Anniversary 2023 “Celebrating 40 years of providing services and resources to the Vail community and beyond!” This Library is Your Library - 40 years strong! WHEREAS,From the early days of Vail and its pioneering founders, the need for a library to serve the community grew with the town and the resort. Support to build that library into the civic and cultural institution it is today has grown over the 40 years that the library celebrates in 2023; WHEREAS, it began as an ad that Mrs. Betty Seibert answered. In 1963, Stan Oliner of the Colorado State Library brought a “library demonstration” to the Bridge Street shop of owner Fran Moretti. The first five shelves of what would become Vail Public Library were housed in Vali Hi Books and Things, where residents could enjoy Vail’s first lending library; WHEREAS, library services and programs grew over the following years, housed in various locations until 1983, when Vail Town Council and community leaders completed the library building on West Meadow Drive, that is enjoyed by community members and resort guests to this day; WHEREAS,Vail Public Library continues its mission in 2023, as it celebrates 40 years of serving its community of users as a public space of welcome and inclusion, connecting all its visitors with the civic and cultural life of the Vail community; WHEREAS,Vail Public Library provides high quality services and programs which strengthen and connect its community of users. Donations help provide for the essential infrastructure that allows resource sharing among all Colorado libraries, wireless access, digital and print materials, as well as programs for adults and children in support of education and literacy. All at no cost to subscribers; WHEREAS,Support for libraries has never been more important. Libraries build communities and connection. They are trusted, safe spaces where people come together - virtually and in-person, to learn, grow, and explore ideas. Libraries play a vital role in strengthening their communities and an even larger one in connecting those communities through the values of public service; NOW, THEREFORE, be it resolved that I, Kim Langmaid, Mayor, proclaim July 4, 2023 Vail Public Library’s 40th Anniversary. I encourage all residents to visit the library to explore the wealth of resources available. 10 Dated this 5th day of September 2023. Vail Town Council Attest: ___________________________ Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk 11 AGENDA ITEM NO. 3.2 Item Cover Page DATE:September 5, 2023 TIME:5 min. SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Proclamation AGENDA SECTION:Proclamation SUBJECT:Proclamation No. 10, Series 2023, Recognizing National Library Sign-Up Month SUGGESTED ACTION:Read proclamation into record. PRESENTER(S):Kim Langmaid, Mayor VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: National Library Card Sign-Up Month 2023 Proclamation.docx 12 PROCLAMATION NO. 10, SERIES OF 2023 National Library Card Sign-Up Month 2023 A Library Card is ELEMENTAL! WHEREAS,libraries play a crucial role in the education and development of children, from storytimes for preschoolers to college and career planning for high schoolers, fostering literacy and a love of reading; WHEREAS, libraries are welcoming and inclusive spaces for people of all backgrounds to learn together and engage with one another across cultural, ethnic, generational, and economic lines, strengthening the social fabric of the communities they serve; WHEREAS,libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all. Libraries help people of all ages navigate the complexities of life, providing access to research, information, and government services that allow everyone to lead more productive and fulfilling lives; WHEREAS,libraries contribute to a strong local economy by providing access to the technology and training that are critical to the success of job-seekers, entrepreneurs, and students; WHEREAS,in times of crisis, libraries and library professionals play an invaluable role in supporting their communities both in person and virtually. The shared resources libraries offer reduce the number of items households buy and dispose of, providing a simple way to save money, conserve resources, and reduce waste; WHEREAS,a library card sparks creativity and empowers all people to explore new passions and interests and pursue a path of lifelong learning; WHEREAS,libraries are cornerstones of democracy, promoting the free exchange of information and ideas for all; NOW, THEREFORE, be it resolved that I, Kim Langmaid, Mayor, officially proclaim September Library Card Sign-up Month in Vail, CO and encourage everyone to sign up for their own library card today. Dated this 5th day of September 2023. Vail Town Council Attest: ___________________________ Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk 13 AGENDA ITEM NO. 4.1 Item Cover Page DATE:September 5, 2023 SUBMITTED BY:George Ruther, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 33, Series of 2023, A Resolution Approving a Real Property Acquisition SUGGESTED ACTION:Approve Resolution No. 33, 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 A5, 1860 Meadow Ridge Road, Vail, Colorado, in the amount not to exceed $699,500.00 plus closing costs. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No. 33, Series of 2023 Buffer Creek Condominium purchase 08152023.doc 14 RESOLUTION NO. 33 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 5 th day of September, 2023. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Town Clerk 15 AGENDA ITEM NO. 4.2 Item Cover Page DATE:September 5, 2023 SUBMITTED BY:George Ruther, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 34, Series of 2023, A Resolution Establishing a Baseline of Affordable Housing for the Purposes of Filing a Commitment with the Colorado Department of Local Affairs Pursuant to the Requirements of Colorado Proposition 123 SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 34, Series of 2023, and authorize Town Staff to file a commitment of 9 homes per year, or 27 total homes, by December 31, 2026, allowing the Town to apply for and receive Colorado Proposition 123 grant funds. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Resolution No. 34, Series 2023 Colorado Proposition 123.pdf Opting_In_Proposition_123_Letter_of_Support_from_VLHA_08222023.pdf 16 RESOLUTION NO. 34 Series of 2023 A RESOLUTION ESTABLISHING A BASELINE OF AFFORDABLE HOUSING FOR THE PURPOSES OF FILING A COMMITMENT WITH THE COLORADO DEPARTMENT OF LOCAL AFFAIRS PURSUANT TO THE REQUIREMENTS OF COLORADO PROPOSITION 123 WHEREAS, Colorado Proposition 123, or “Colorado’s Affordable Housing Financing Fund” was approved by Colorado voters in November, 2022, dedicating 0.1% of state income tax to fund housing programs and developments; WHEREAS, organizations are only eligible for this funding if their program or development takes place in cities or counties that have committed to increasing their affordable housing stock above a baseline amount; WHEREAS, the baseline commitment must be increased by 3% each year for a three- year period ending on December 31, 2026 for the first round of funding; WHEREAS, for the Town of Vail that baseline amount has been calculated at 284 units (rental and for-sale); WHEREAS, the town’s 3% annual commitment equates to 9 homes per year for three years, or 27 total homes by December 31, 2026, and WHEREAS, the annual commitment is only required to be achieved if the town receives Proposition 123 grant funding. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the baseline commitment for an increase in affordable deed-restricted housing for a total of 27 homes in the Town of Vail by December 31, 2026 to be filed with the State of Colorado’s Department of Local Affairs 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 5th day of September, 2023. ___________________________________ Kim Langmaid, Town Mayor ATTEST: ________________________________ Town Clerk 17 75 South Frontage Road West Housing Department Vail, Colorado 81657 vailgov.com August 22, 2023 Mayor and Vail Town Council Town of Vail 75 South Frontage Road West Vail, Colorado 81657 RE: Opting-In Proposition 123 Dear Mayor and the Members of the Vail Town Council: We are forwarding this letter on behalf of the Vail Local Housing Authority in support of directing the Town staff to submit an application for and become eligible for funding under Colorado’s Proposition 123. Proposition 123 will provide an estimated $300 million annually to fund affordable housing projects, including up to $58 million dollars annually for affordable homeownership efforts. Projects cannot be funded by Proposition 123 program unless the local community where the project will be located “opt-in”. Communities must opt-in by (1) establishing a ‘baseline’ of affordable housing dwellings in their jurisdiction, (2) committing to increase that baseline by 3% and (3) expediting the development approval process to a maximum of 90 days. Grant funds from Proposition 123 would help the Town of Vail address the current housing crisis and achieve the Town’s housing goals by increasing the supply of affordable homes in Vail. The Vail Local Housing Authority respectfully asks that you direct the Town staff to submit the Proposition 123 opting-in application without further delay. Sincerely, Steve Lindstrom, Chair, VLHA Dan Godec, VLHA Kristin Kenney-Williams, VLHA James Wilkins, VLHA Craig Denton, VLHA 18 AGENDA ITEM NO. 4.3 Item Cover Page DATE:September 5, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 35, Series of 2023, Approving Master Leases for Timber Ridge SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 35, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: VR Master Lease REs.docx Master Lease-A082023 kh.docx 19 RESOLUTION NO. 35 Series of 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A MASTER LEASE BETWEEN THE TOWN OF VAIL AND THE VAIL CORPORATION, DBA VAIL ASSOCIATES INC. (“VAI”) WHEREAS, the Town is the owner of the Timber Ridge Village Apartments located at 1280 North Frontage Road, Vail, Colorado 81657 (the “Apartments”); WHEREAS, VAI desires to lease from the Town 37 of the Apartments, together with 27 parking spaces, to sublease those units; and WHEREAS, the Town is willing to lease such units to Lessee under the terms and conditions stated in the Master Lease, attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves the Master Lease in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the Master Lease on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 5th day of September 2023. ___________________________________ Kim Langmaid, Town Mayor ATTEST: ________________________________ Town Clerk 20 1 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX MASTER LEASE THIS MASTER LEASE (the "Lease") is made and entered into as of ______________, 2023 (the "Effective Date") by and between the Town of Vail, a Colorado home rule municipality (the "Town”), and the Vail Corporation, Inc. d/b/a Vail Associates, a Colorado corporation ("Lessee") (each a "Party" and collectively the "Parties"). WHEREAS, the Town owns the Timber Ridge Village Apartments located at 1280 North Frontage Road, Vail, CO 81657 (the "Apartments”); WHEREAS, Lessee employs large numbers of persons requiring housing of the type afforded by the Apartments, and desires to lease from the Town 37 units in the Apartments, together with 27 parking spaces, to sublease those units; and WHEREAS, the Town is willing to lease such units to Lessee under the terms and conditions stated in this Lease. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.Lease. The Town leases to Lessee, and Lessee leases from the Town, 37 of the units in the Apartments (each a “Unit”, and collectively the "Units") listed on Exhibit A, attached hereto and incorporated herein by this reference, as well as 27 parking spaces for the Units. The Town retains the reasonable right to change, alter, abolish or add to any of the appurtenances of the Units, as may seem best to the Town, and to dispose of or rent any other portion of the Apartments as the Town elects. 2.Term. The term of this Lease shall commence on September 1, 2023 and terminate on April 25, 2024 (the "Term"). 3.Rent. a.Lessee shall pay the Town as rent (“Rent”), without right of setoff and regardless of whether there is in effect a Sublease with respect to any Unit, $1,620 per month per Unit, other than the 37 th Unit, which shall be used for office space and which shall be leased to Lessee at no charge. b.Rent shall be due and payable as a single sum, in advance, on or before 12:00 noon on the first day of each month at the office. If any Unit is subject to this Lease for a partial month, the Rent for that month shall be prorated on a per diem basis. c.Rent not paid by 8:00 a.m. on the 5th day of the month in which due shall be subject to an initial late charge equal to 5% of the total amount due plus $5 per day per Unit until paid in full. 4.Subleasing. Lessee may sublease its Units to subtenants (“Subtenants”) for rental not greater than the aggregate amount of Rent payable under this Lease. Any such 21 2 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX arrangement will be pursuant to a sublease in form and substance reasonably acceptable to the Town (the "Sublease"). The terms of any Sublease will be as Lessee determines to be appropriate in its discretion (but in no event extending beyond the Term) and subject to such reasonable qualifications and restrictions as the Town from time to time imposes; and one reasonable restriction imposed by the Town is that all Subtenants shall be employees of Lessee who work within the Town. Lessee shall provide the management services set forth in Exhibit B, attached hereto and incorporated herein by this reference. 5.Convenience Fee. In addition to the Rent due under Section 2 hereof, Lessee shall pay the Town a convenience fee of $41,415 (the "Convenience Fee"). The Convenience Fee shall be paid to the Town in one lump sum within 7 days of the Effective Date. The Convenience Fee shall not be charged to, collected from, or any way passed on to any Subtenant. 6.Possession and Quiet Enjoyment. Upon the payment of Rent and the Convenience Fee, and the performance of all terms of this Lease, Lessee and any Subtenants shall at all times peaceably possess and enjoy the leased Units without any disturbance from the Town. 7.Maintenance and Repairs. a.The Town shall be responsible for maintaining the following: the structural portions of the Units; the pipes, roof, heating systems, plumbing and plumbing systems serving any of the common areas or the Units; power supplies; exterior windows, doors, equipment and appliances on or about the common areas and the Units. Lessee shall be responsible for all other maintenance of the Units. b.Lessee shall perform snow removal on walkways, sidewalks, decks and stairs located in Buildings L and M and Unit 37. Should Lessee fail to perform such snow removal, Lessee shall reimburse the Town for any costs incurred by the Town in performing such snow removal. c.All repairs and maintenance shall be made promptly, as and when necessary, taking into account the circumstance and priority of the repair or maintenance and its impact to Lessee’s or Subtenants' use of the Units and common areas and the impact to other Units in the building. All such repairs, replacements and maintenance shall be in quality and class at least equal to the original work. Lessee acknowledges that non-emergency repair and maintenance requests are placed in queue in combination with repairs and projects throughout the entire Apartments, and repairs are addressed in the order received by the Town. d.Notwithstanding any other provisions to the contrary herein, if repairs or maintenance are necessary as a result of Lessee's or any Subtenant’s gross negligence, Lessee shall be responsible for such repairs and maintenance. If Lessee fails to make such repairs, the Town may, but shall not be required to, make such repairs and bill all costs associated with such repairs to Lessee. 22 3 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX 8.Covenants of Lessee and Subtenants. Lessee agrees to, and by the terms of the Subleases shall cause all Subtenants to agree to: a. Comply with all reasonable rules and regulations of the Town for the protection of the building or the general welfare and comfort of the residents of the Apartments, including those stated in Exhibit C, attached hereto and incorporated herein by this reference; provided, however, that to the extent that any such rules and regulations conflict with the terms of this Lease, the terms of this Lease shall control; b. Keep the Units in as good order and condition as when the Units were entered by Lessee, ordinary wear excepted; c. Except as otherwise permitted in this Lease, to sublet no part of a Unit nor assign this Lease or any Sublease without the express prior written consent of the Town; d. Neither hold nor attempt to hold the Town, or its agents liable for any injury or damage to person or property either proximate or remote, arising from the acts of Lessee, any Subtenant, any resident of any Unit, any guest of any such resident, or of any owners or occupants of adjoining property; e.Allow the Town or its employees or agents to enter any Unit at any time to make emergency repairs, or, upon reasonable notice to Lessee and any affected Subtenant, to inspect the Unit; and f.Allow a maximum of 3 occupants in each Unit. g.Successfully enforce quiet hours between 10:00 p.m. to 8:00 a.m., control noise disturbances at all times, and report to the Town all incidents and police activity and all actions taken by Lessee regarding any incidents within 72 business hours. 9.Utilities. a.The Town shall arrange for provision to the Units of electricity, connection to basic cable television service, water, sewer, trash removal and recycling. b.The Town shall be solely responsible for the cost and expense of water, sewer, snow removal, trash removal and recycling. Lessee is solely responsible for the cost of electricity. The individual Subtenants shall be solely responsible for activating the cable service in their names and for the cost of the cable service. c.In the event of excessive use or waste of any utility services provided to any Unit, the Town may at its option cause such services to be separately metered and if it does so Lessee shall pay the metered amount monthly. d.The Town shall furnish heat to the Units during the usual heating season, and such costs shall be borne by Lessee as electricity costs. 23 4 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX e.The Town shall not be liable for any claim of damages, rebate or charge of any kind in case of the interruption of utility or other services to the Units occasioned by accident, failure of power supply or any other cause beyond the Town's control. 10.Security Deposit. a.Lessee shall submit to the Town a security deposit in the amount of $62,123, in cash (the "Security Deposit"). The Security Deposit and any other deposits may, but are not required to be, deposited into an interest-bearing account by the Town. Interest, if any, earned on such deposits shall be solely the property of the Town. b.In no event shall the Security Deposit be applied to Rent or utility charges. c.The Security Deposit is subject to deduction or forfeiture for unpaid Rent, late payments, returned check charges, damage to a Unit, its contents or common areas, smoke or stain removal, unreturned keys, administrative charges, re-letting fees, collection costs and cleaning charges. Time spent by the Town or its designee for repairs or maintenance shall be billed at a minimum hourly rate of $25, and shall be deducted from the Security Deposit. d.If deducted from or forfeited against for any reason, the Security Deposit shall be replenished up to the original amount within 30 days. e.Lessee and the Town shall complete the Building Condition Form, attached hereto as Exhibit D and incorporated herein by this reference, in evaluating the condition of each building prior to accepting possession, and once again upon releasing possession back to the Town at the termination of this Lease. f.Within 60 days of the expiration or termination of this Lease, the Town shall return the Security Deposit, subject to any lawful withholdings. 11.Holding Over. a.If after the expiration or termination of this Lease, Lessee or any Subtenants remain in possession of any Units, such possession shall not constitute a renewal of this Lease, and neither Lessee or any Subtenants shall have a right to remain in the Units. b.If any Subtenants remain in any Units after April 25, 2024, Lessee shall pay the Town a holdover fee of $5,000 per day, per Unit. 12.Default. a.The following shall be considered a Lessee Default under this Lease: if Lessee fails to pay Rent, utility charges, or other charges; is in default of any provision of this Lease, and such default continues for 10 days after the Town has given written notice thereof; if Lessee becomes insolvent, makes any assignment for the benefit of its creditors, or files any petition or order for relief under the federal bankruptcy laws; or if Lessee fails to promptly surrender any of the Units at the end of the Term. 24 5 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX b.If a Lessee Default occurs, the Town may, without waiving any other rights hereunder or available to the Town at law or in equity, terminate this Lease, in which event this Lease and the leasehold estate hereby created and all interest of Lessee and all parties claiming by, through, or under Lessee shall automatically terminate upon the effective date of such notice; and the Town, its agents or representatives, may, without further demand or notice, reenter and take possession of the Property and remove all persons and property from the Property with or without process of law, without being deemed guilty of any manner of trespass and without prejudice to any remedies for existing breaches hereof. c.The rights and remedies stated in this Section are cumulative, and do not limit or impair any other right or remedy at law or in equity. 13.Casualty Loss. a.If any of the Units are rendered untenable or are damaged or destroyed by fire or other casualty at any time prior to 30 days before the end of the Term, and if in the Town’s reasonable determination such repairs or rebuilding cannot be substantially completed within 30 days after the occurrence of such casualty, then: (i) this Lease shall terminate only as to the affected Units and all Rent and Utility Charges for the affected Units shall be payable with respect to the period ending upon the date of such injury or damage; and (ii) the Town shall thereafter offer Lessee alternative units in substitution for the Units affected by such casualty loss, if available, and Lessee shall accept such alternative units if and to the extent such alternative units are acceptable to Lessee. b.If any of the Units are rendered untenable or are damaged or destroyed by fire or other casualty at any time prior to 30 days before the end of the Term, and the Town determines to rebuild or repair such Units, and if in the Town’s determination such repairs or rebuilding can substantially be completed within 30 days, the Town shall do so with reasonable diligence and this Lease and the Subleases of the affected Units shall not be affected, except that the Rent and utility charges for the affected Units (or a just and proportionate part thereof according to the nature and extent of the damage which has been sustained) shall be abated until the affected Units have been so repaired and restored. c.Notwithstanding the foregoing, if any of the Units are rendered untenable by reason of fire or other casualty, either Party may, in its sole discretion, terminate this Lease with regard to the affected Units, and Lessee’s obligations under this Lease shall be terminated effective as of the termination date. If the Lease is terminated as to less than all of the Units, Rent will be reduced by the per-Unit rental amount (in effect at such time) multiplied by the number of Units for which this Lease has been terminated. 25 6 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX 14.Insurance. a.During the Term, the Town shall provide and keep in force: (i)Comprehensive general liability insurance to include coverage for bodily injury, property damage, death and personal injury (employee and contractual liability exclusions deleted), contractual liability (including coverage for the contractual liability of the Town for performance of the indemnification provisions of this Lease); and broad form property damage, with limits of not less than $1,000,000 each occurrence combined single limit for bodily injury, property damage and personal injury and $2,000,000 aggregate for bodily injury and property damage. (ii)An umbrella policy with limits not less than $2,000,000 over the primary comprehensive general liability policy. (iii)Property insurance covering the Property. (iv)Fire and extended coverage insurance for all risks, vandalism and malicious mischief, sprinkler damage, boilers and rental loss with respect to the Property. b. Lessee acknowledges that the Town's insurance does not cover the personal property of Lessee, any Subtenants, or any of their guests. Lessee shall advise Subtenants to purchase insurance coverage for loss to personal property due to fire, theft, water damage and other unfortunate events, liability coverage, and other appropriate insurance coverage. 15.Indemnification. Lessee agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Lease if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Lessee, any subcontractor of Lessee, or any officer, employee, representative, or agent of Lessee, or which arise out of a worker's compensation claim of any employee of Lessee or of any employee of any subcontractor of Lessee. 16.Successors and Assigns. This Lease shall be binding on the Parties and their permitted successors and assigns. Except as expressly permitted by this Lease, Lessee shall not assign any of its rights or obligations under this Lease or sublet any of the Units without the prior written consent of the Town, such consent not to be unreasonably withheld. Any assignment of a Sublease without such consent shall be void. 26 7 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX 17. Termination. a.The Town may terminate this Lease with or without cause by giving 90 days advance written notice. b.Lessee may terminate this Lease with or without cause by giving 90 days advance written notice, provided that, if Lessee terminates this Lease without cause, Lessee shall pay to the Town, as an early termination penalty, the remaining amount due under this Lease and all its renewal terms. c.If the Town terminates this Lease, Lessee shall cause all of the Units to be vacated. If any Subtenants remain after the 90-day period, Lessee shall be responsible for all costs associated with eviction of such Subtenants. 18.Notice. Any notices shall be in writing and shall be deemed sufficiently given if delivered personally or sent by first class United States mail, addressed as follows: If to the Town: If to Lessee: The Town of Vail Vail Associates, Inc. 75 S. Frontage Road West 390 Interlocken Crescent, Suite 1000 Vail, CO 81657 Broomfield, CO 81658 Attn: Kathleen Halloran Attn: Legal Department 19.Miscellaneous. a.Modification. This Lease shall not be modified except as agreed in writing by the Parties. b.Governing Law and Venue. This Lease shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. c.No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Lease by the Town shall not constitute a waiver of any of the other terms or obligation of this Lease. d.Integration. This Lease constitutes the entire agreement between the Parties, superseding all prior oral or written communications. e.Third Parties. There are no intended third-party beneficiaries to this Lease. f.Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Lease, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. 27 8 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX g.Rights and Remedies. The rights and remedies of the Town under this Lease are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted. h.Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Russell Forrest, Town Manager ATTEST: __________________________________ Stephanie Bibbens, Town Clerk LESSEE By:________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2023, by ____________________________ as _________________ of the Vail Corporation, Inc. d/b/a Vail Resorts. My commission expires: (S E A L)________________________________ Notary Public 28 9 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX EXHIBIT A UNITS Unit # 1 L-1 2 L-2 3 L-3 4 L-4 5 L-5 6 L-6 7 L-7 8 L-8 9 L-9 10 L-10 11 L-11 12 L-12 13 L-13 14 L-14 15 L-15 16 L-16 17 L-17 18 L-18 19 M-1 20 M-2 21 M-3 22 M-4 23 M-5 24 M-6 25 M-7 26 M-8 27 M-9 28 M-10 29 M-11 30 M-12 31 M-13 32 M-14 33 M-15 34 M-16 35 M-17 36 M-18 37 MO-01 (Office) 29 10 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX EXHIBIT B MANAGEMENT 1.On-Site Management: Lessee shall provide on-site management 5 days/week during the fall check-in period and during the winter season for the management of Subtenant issues, including inspections of Units to control unauthorized occupancy. 2.Notification of Turnover: Lessee shall notify the Town’s managing agent of a unit turnover 2 days prior to the move-out date of that unit. Lessee manages its turnover procedure with Subtenants, and neither Town nor its agents shall interfere with Lessee’s management of its turnover procedure. 3.Move-out Procedure: Lessee shall complete a move-out inspection form within 48 hours of a Unit or bedroom vacancy. Lessee shall return the form to the Town to assess damage charges. 4.Monthly Unit Inspection Procedure: Lessee shall complete monthly inspection of all Units. Lessee shall also inspect for unreported service requests and damage issues, to ensure the Unit is free of hazards and in proper working order. Lessee shall complete the inspection and return its findings to the Town on or before the 28th of each month. 30 11 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX EXHIBIT C RULES AND REGULATIONS Lock Outs –If you lock yourself out of your unit after hours, you may contact the answering service by phone at 970476-6759, who will then relay the message to Timber Ridge Village on-call maintenance staff. There is a $30.00 charge for after-hours lock outs. Quiet Hours – Quiet hours are between 10:00 p.m. until 8:00 a.m. Failure to comply may result in eviction. Please report any excessive noise to the Vail Police Department at 970-479-2200. Windows – Storm windows and screens must remain in place at all times. Any missing or broken windows or screens will be repaired or replaced by Timber Ridge Village staff and charges will be assessed to your account. Laundry Facilities – Laundry facilities are located on the west end of the main office building on the upper and lower levels. Laundry facilities are open from 8:00 a.m. to 10:00 p.m. every day. Please keep laundry room doors closed at all times and dispose of all trash in the provided trash receptacles. Washing machine, dryer and coin machine malfunctions may be reported to MacGray at 1-800-622-4729. Vending machine malfunctions may be reported to Alpine Vending at 970-949-1379. Decks, Walkways & Stairwells – Decks, walkways and stairwells may not be used for storage. Signs, banners, flags, windsocks and posters are not permitted in any of these areas or on the exterior of the buildings. Drying or hanging garments, cleaning and drying of towels is not permitted. Bicycles may not be stored in these areas. Doghouses, hammocks, patio enclosures, awnings, sunscreens, tiki torches, silk plants, wind chimes, trash bags and barbecue grills are prohibited. Satellite dishes must abide by the Satellite Dish Addendum. Dumpsters & Trash – Dumpsters are located throughout the property. All trash must be bagged and tied. No furniture or hazardous materials car batteries, propane tanks, oil, etc.) are permitted. Trash may not be placed on patios, walkways, stairwells or outside of dumpsters. Violation of trash policies will result in a minimum $20.00 fine per occurrence. Multiple violations will result in a report of littering to the Vail Police Department. These Rules & Regulations may be amended at any time. I have read and understand the above property policies and understand that a violation of any of these policies will result in a lease violation, and multiple violations may result in eviction. ____________________________________________ Subtenant Date 31 12 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX EXHIBIT D MOVE-IN AND CONDITION FORM STATEMENT OF BUILDING CONDITION MUST BE RETURNED TO CORUM WITH IN 3 DAYS OF MOVE IN DATE DATE OF INSPECTION: _____________________________________________________________________ M CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C Bedroom C M2 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M3 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M4 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M5 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A 32 13 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX Bedroom B Bedroom C M6 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M7 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M8 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M9 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M10 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M11 CONDITION STATUS COMMENTS Living Room Kitchen 33 14 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX Bathroom Bedroom A Bedroom B Bedroom C M12 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M13 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M14 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M15 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M16 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C 34 15 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E8069159\@BCL@E8069159.DOCX M17 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C M18 CONDITION STATUS COMMENTS Living Room Kitchen Bathroom Bedroom A Bedroom B Bedroom C Notes: ____________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ I hereby acknowledge that the above is an accurate statement of the condition of the unit at the time of my taking occupancy. Vail Signature: __________________________________________ Date: ________________________ Property Manager Signature: __________________________________________ Date: ________________________ 35 AGENDA ITEM NO. 4.4 Item Cover Page DATE:September 5, 2023 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Resolution No. 36, Series of 2023, A Resolution of the Vail Town Council Approving Procedures for Conducting Appeals and Quasi-Judicial Land Use SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 36, Series of 2023. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 2023-36 Res.doc Rules of Procedure for Appeals.docx Rules of Procedure- QJ Land Use Hearings_ (002).docx 36 RESOLUTION NO. 36 SERIES OF 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING PROCEDURES FOR CONDUCTING APPEALS AND QUASI-JUDICIAL LAND USE WHEREAS, the Town Council wishes to approve procedures for conductingappels and quasi-judicial land use hearing as set forth in Exhibit A, attached hereto and made a part hereof by reference (the “Hearing Procedures”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THETOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby approves and adopts the Hearing Procedures in substantially the same form attached hereto as Exhibit A,and in a form approved by the Town Attorney. Section 2.This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Town Council held this 5th day of September, 2023. ________________________________ Kimberly Langmaid, Mayor ATTEST: _________________________________ Stephanie Bibbens, Town Clerk 37 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@EC0B23E2\@BCL@EC0B23E2.DOCX RULES OF PROCEDURE APPEAL HEARINGS BEFORE THE VAIL TOWN COUNCIL 1.Purpose. These Rules of Procedure ("Rules") are adopted pursuant to Vail Town Code §§ 12-3-3(A)(4)(e) and 12-3-3(B)(4)(e) to establish the procedures for hearings to consider appeals of a decision by the Zoning Administrator, the Design Review Board (the "DRB") or the Planning and Environmental Commission ("PEC") under Section 12- 3-3 of the Vail Town Code (the "Code"). These Rules are intended to establish reasonable procedures to protect applicable due process rights and to ensure that hearings proceed in a fair and expeditious manner. 2.Burden of Proof. On allappeals, the burden of proof is on the Appellant to establish that the decision was made in error. 3.Appearance and Representation. Each Appellant must appear in person at the hearing to present evidence unless represented by a duly authorized representative. If any Appellant fails to appear in person at the hearing and is not so represented, that Appellant's appeal shall be deemed dismissed. No telephonic or virtual participation is allowed. 4.Testimony. All persons giving testimony to the Town Council shall be deemed to have given such testimony under oath. Each Appellant shall state their name and address for the record prior to presenting any testimony. Inflammatory, irrelevant or repetitive testimony will not be permitted. 5.Orderly Conduct. All persons appearing at the hearing shall act in an orderly and courteous manner. 6.Order of Proceedings. a.The Mayor shall open the hearing, and Town staff shall present the procedural history, including date of the decision of the Zoning Administrator or the dates of the DRB or PEC hearings and the decision. The Town Council may ask questions of Town staff during this presentation. b.The Appellant shall be allotted a reasonable time to present evidence, witness testimony, statements and arguments in support of the appeal. If there is more than one Appellant on the same issue, each Appellant may present its own evidence, testimony, statements and arguments, provided that no pooling of time is permitted. No cross examination of witnesses shall be allowed. The Town Council may ask questions of each Appellant during that Appellant's presentation. c.Town staff may then present any evidence, witness testimony, statements and arguments in support of the decision. The Town Council may ask questions of Town staff during this presentation. d.Following Town staff's presentation, if any, each Appellant shall have up to 3 minutes to respond only to issues raised by Town staff. No pooling of time is permitted. 38 2 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@EC0B23E2\@BCL@EC0B23E2.DOCX e.No public comment is permitted. f.The Town Council shall have the right at any time to temporarily recess to review any written evidence if such review cannot occur while the hearing proceeds. 7.Continuance. Once the hearing has commenced, the Town Council may continue the hearing to a date certain upon its own motion, for good cause including without limitation the need for additional time for presentation or consideration of evidence or the need for additional information. Re-notification to adjacent property owners and interested parties shall not be required for any continued hearing. 8.Decision. At the conclusion of all of the testimony, the Town Council may deliberate. Following deliberation, the Town Council shall make a decision by a voice vote, and a simple majority shall be required to uphold or reverse the decision of the Zoning Administrator, DRB or PEC. 39 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@F40BACED\@BCL@F40BACED.DOCX RULES OF PROCEDURE QUASI-JUDICIAL LAND USE HEARINGS BEFORE THE VAIL TOWN COUNCIL 1.Purpose. These Rules of Procedure ("Rules") are adopted to establish the procedures for quasi-judicial land use hearings before the Vail Town Council. These Rules are intended to establish reasonable procedures to protect applicable due process rights and to ensure that the hearing proceeds in a fair and expeditious manner. 2.Burden of Proof. It is the applicant’s burden of proof to establish that the application meeting the criteria set forth in the Vail Town Code. 3.Appearance and Representation. All applicants must appear in person at the hearing to present evidence unless represented by a duly authorized representative. No telephonic or virtual participation shall be allowed. 4.Testimony. All applicants making statements to the Town Council shall be deemed to have given such testimony under oath. 5.Orderly Conduct. All persons appearing at the hearing shall act in an orderly and courteous manner. 6.Order of Proceedings. a.The Mayor shall open the hearing, and Town staff shall present the procedural history of the application, including dates of any administrative hearings and any determinations that occurred prior the hearing before the Town Council. The Town Council may ask questions of Town staff during this presentation. b.Each Applicant shall be allotted a reasonable time to present evidence, witness testimony, statements and arguments in support of the application, as determined by the Mayor. The Town Council may ask questions of the Applicant during this presentation. c.Following the applicant's presentation, the Town Council shall allow limited public comment. Each person making public comment shall be limited to 3 minutes. Pooling of time shall be not permitted and repetitive and irrelevant comments may be disallowed. Public comment shall be on a first-come, first-served basis, based on a sign- in sheet at the hearing. d.Town staff may then respond to or supplement the evidence and testimony presented by the applicant or raised during public comment. e.The applicant will then be permitted reasonable time, as determined by the Mayor, to make closing remarks or address any issue raised by public comment. f.The Town Council shall have the right at any time to temporarily recess to review any written evidence provided by any person if such review cannot occur while the hearing proceeds. 40 2 8/31/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@F40BACED\@BCL@F40BACED.DOCX 7.Continuance. Once the hearing has commenced, the Town Council may continue the hearing to a date certain upon its own motion, for good case, including without limitation the need for additional time for presentation or consideration of evidence or the need for additional information. Re-notification to adjacent property owners and interested parties shall not be required for any hearing continued to a date certain. At the continued hearing, additional time may be allotted for public comment at the discretion of the Mayor. 8.Decision. At the conclusion of all of the testimony, the Town Council may deliberate. Following deliberation, the Town Council shall make a decision by a voice vote, or shall direct the Town Attorney to draft a resolution with appropriate findings for the Town Council’s consideration. A simple majority shall be required to approve, deny or remand the application. 41 AGENDA ITEM NO. 4.5 Item Cover Page DATE:September 5, 2023 SUBMITTED BY:Steph Johnson, Public Works ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Pitkin Creek Master Lease Renewal SUGGESTED ACTION:Approve, approve with amendments, or deny the Pitkin Creek Master Lease Renewal. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Town Council Memo Pitkin Creek Masterlease.docx DOC_230828.pdf 42 75 South Frontage Road West Vail, Colorado 81657 vailgov.com MEMORANDUM To:Vail Town Council From: Susie Hervert, General Services Administrator Date: August 28, 2023 Re:Town Manager Authorization – Pitkin Creek #14i Master Lease I.PURPOSE The purpose of this memorandum is to request approval from the Vail Town Council authorizing the Town Manager to enter into a master lease agreement with 4081 Bighorn Road 14i LLC with a business address of 1450 South Fillmore Street, Denver, CO 80210, for the twelve-month lease of the residential property located at Pitkin Creek Park, 4081 Bighorn Road Unit #14i, Vail, CO 81657 effective October 1, 2023 through September 30, 2024. II.BACKGROUND In 2022, the Vail Town Council authorized the Town Manager to enter into a master lease agreement for Pitkin Creek Park #14i for the period October 1, 2022 through September 30, 2023. The lease expires at the end of September and the Town of Vail wishes to renew the master lease agreement for internal employee housing. The landlord has agreed to no increase in rent which will remain at $4,700/month for the twelve-month period. III.ACTION REQUESTED Authorize the Town Manager to execute a master lease agreement with 4081 Bighorn Road 14i LLC, in a not-to-exceed amount of $56,400. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 AGENDA ITEM NO. 4.6 Item Cover Page DATE:September 5, 2023 SUBMITTED BY:Pete Wadden, Environmental Sustainability ITEM TYPE:Contracts AGENDA SECTION:Consent Agenda (5 min.) SUBJECT:Stormwater Maintenance Contract SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement, approved by the Town Attorney, with Kinetic Industry for maintenance of stormwater infrastructure, in an amount not-to-exceed $95,000.00. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Kinetic Industry PSA 2023.pdf Fall 2023 Stormwater Maintenance SOW EXHIBIT A.pdf Exhibit B Gutter Bin IDs and Locations.xlsx 65 1 8/31/2023 C:\USERS\PWADDEN\DOWNLOADS\KINETIC INDUSTRY PSA 2023.DOCX AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this _____ day of September, 2023 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657, (the "Town"), Kinetic Industry, an independent contractor with an address of 541 East Garden Drive Unit L, Windsor, CO 80550, ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount not to exceed $95,000.00. This amount shall 66 2 8/31/2023 C:\USERS\PWADDEN\DOWNLOADS\KINETIC INDUSTRY PSA 2023.DOCX include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall be paid 50% upon signing of the contract and 50% when the Scope of Services is completed to the satisfaction of the Town. Contractor shall be compensated on the following basis: A. Payments shall be made based upon the completion of the Items at the Prices as submitted by the Scope of Work, Exhibit A. B. Should work beyond that described in the scope of services be required, it will be paid for as extra work at a cost as indicated on the attached Proposal Form, or at a cost to be agreed upon in writing by the Town and the Contractor prior to commencement of the additional work. Such additional Agreement shall be executed and approved by all persons required by the Town. C. The acceptance by Contractor of final payment under this Agreement, or any final payment due on earlier termination of this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes of action whatsoever which Contractor, its successors and duly approved assignees, have against the Owner. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services. D. Contractor shall at all times comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened release of a Hazardous Material into the air, surface water, groundwater or land; the manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, 67 3 8/31/2023 C:\USERS\PWADDEN\DOWNLOADS\KINETIC INDUSTRY PSA 2023.DOCX removal, remediation or investigation of a Hazardous Material; and the protection o f human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C . § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable environmental statutes of the State of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, in effect now or anytime hereafter. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor; provided that Contractor shall have no liability for any work that has been modified by the Town. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that t is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include 68 4 8/31/2023 C:\USERS\PWADDEN\DOWNLOADS\KINETIC INDUSTRY PSA 2023.DOCX coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). 69 5 8/31/2023 C:\USERS\PWADDEN\DOWNLOADS\KINETIC INDUSTRY PSA 2023.DOCX IX. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement , debt or liability beyond the current fiscal year. 70 6 8/31/2023 C:\USERS\PWADDEN\DOWNLOADS\KINETIC INDUSTRY PSA 2023.DOCX L. Force Majeure. No Party shall be in breach of this Agreement if such Party's failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, the authority and orders of government or pandemics. 71 7 8/31/2023 C:\USERS\PWADDEN\DOWNLOADS\KINETIC INDUSTRY PSA 2023.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Russel Forrest, Town Manager ATTEST: __________________________________ Stephanie Bibbens, Town Clerk CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2023, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 72 EXHIBIT A SCOPE OF SERVICES The following Scope of Work (“SOW”) is for a stormwater maintenance project located in Vail, Colorado. This SOW outlines the project’s product, services, and the customer payment schedule. All products and services will be provided by Kinetic Industry. 1. Customer: Town of Vail, Colorado 2. Project Location: Vail, Colorado 3. Nature of the Project: Vacuum truck servicing of 235 Gutter Bin® stormwater filtration system catch basin devices and 36 CDS stormwater filtration devices (See Exhibit B for Locations of stormwater infrastructure). 4. Estimated Project Timeline Milestones a. Project Start: 10/1/2023 b. Project Complete: 10/31/2023 5. Project Budget: $95,000 6. Schedule of Payments: a. 50% ($42,500): Project Start b. 50% ($42,500): Project Completion 73 No.Asset ID Latitude Longitude FCP Location ID 1 Stephens Park 39.620972 -106.426803 xCb79 2 Vail PW 1 39.642177 -106.357579 ipkIyYcS 3 Vail PW 3 39.642234 -106.356943 DvVE10QO 4 Vail PW 5 39.642842 -106.35373 cpZfSAWf 5 Gutter bin 4 39.642487 -106.355055 d8b4bd2d 6 Gutter bin 5 39.642515 -106.355088 9c4b2607 7 VV-148-I-0184 39.64186739 -106.3732407 0871c509 8 VV-148-I-0813 39.64193309 -106.3736403 2fd0e29b 9 VV-156-I-0222 39.642015 -106.375772 acd66d20 10 East Meadow and Park area 2 39.64173 -106.375646 3a9706cc 11 Vail golf club 39.641566 -106.345024 3b39e86f 12 S frontage road 2 39.645125 -106.382696 33be9cb2 13 LH-213-I-0385 39.64535132 -106.3851786 cdcfce83 14 LH-213-I-1041 39.645379 -106.386856 03d72301 15 LH-213-I-0388 39.64522722 -106.3860748 d0452ef3 16 LH-213-I-0387 39.64522627 -106.3854688 afb70999 17 LH-213-I-0386 39.64521579 -106.3852598 06871a5f 18 S frontage road 8 39.645098 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79d36f4d 194 OBJECTID10492-1 39.644439 -106.389818 3dcdb301 195 LH-215-I-1138 39.64388668 -106.3888472 959987b4 196 LH-215-I-0409 39.64381514 -106.3890337 5b51a7db 197 LH-215-I-0408 39.64381289 -106.3891191 17e0c420 198 LH-215-I-0407 39.6437981 -106.3892361 8384126e 199 LH-215-I-0406 39.64381733 -106.3893298 10ad76fd 200 LH-215-I-0362 39.64384019 -106.3896659 5f6bc0b1 201 LH-215-I-0360 39.64378405 -106.3896616 66f36d13 202 LH-215-I-0356 39.64334989 -106.3896437 c5f49822 203 LH-215-I-0355 39.64331723 -106.3896906 0e03875c 204 LH-215-I-0357 39.64295288 -106.389629 df12d099 205 LH-215-I-0415 39.642824 -106.3894501 9588b3ff 206 LH-215-I-0895 39.64263701 -106.3902265 19d9d083 207 LH-215-I-0892 39.64273315 -106.3903334 9100988d 208 LH-215-I-0552 39.64278459 -106.3903112 4e0c36be 209 LH-215-I-0553 39.64277408 -106.3902422 6ba38426 210 LH-215-I-0893 39.6428491 -106.3906038 5ba96d58 211 LH-215-I-0551 39.64332009 -106.3906575 2a547a94 212 LH-180-I-0532 39.6433268 -106.3910091 8c1b0d37 213 LH-180-I-0548 39.64331152 -106.391148 723fcfdc 214 LH-180-I-0549 39.64329579 -106.3913626 253f2bf4 215 LH-180-I-0530 39.64343836 -106.3908854 dfdec32b 216 LH-215-I-1067 39.64369341 -106.3905736 d5f74593 217 LH-215-I-1130 39.6439597 -106.3905404 679e74f2 218 LH-215-I-1129 39.64411173 -106.3905836 fa5a102c 219 LH-180-I-0544 39.64280578 -106.3925704 3b69fee5 220 LH-180-I-0527 39.642895 -106.392653 aa2adc3d 221 LH-180-I-0543 39.64277681 -106.3928009 c1ecb443 222 LH-213-I-1139 39.64326872 -106.3869312 769b88a7 223 LH-213-I-1140 39.64324498 -106.3868787 873526a7 224 LH-213-I-0344 39.64339591 -106.3870479 0ec3ace2 225 LH-178-I-1136 39.6432745 -106.3880977 c08ddaa4 226 LH-178-I-1135-2 39.643444 -106.388111 474807b9 227 LH-178-I-0412 39.64345981 -106.387742 39b4fb77 228 LH-178-I-0410 39.64370752 -106.3875141 588811c9 11f57e70 452ae657 84509d36 f6abdc81 78 38d2e4a0 79 AGENDA ITEM NO. 5.1 Item Cover Page DATE:September 5, 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 09.05.23.docx 80 TownManagersUpdate September 5, 2023 1. Booth Heights Update The Valuation Hearing is set starting on September 5, and should be concluded on September 13. Legal counsel for the Town anticipates a valuation will be determined by the end of the day on the 13th. Legal counsel for the Town will request that the Town have at least until October 4th to determine how to react to the final determination of value. Staff anticipates scheduling a Public Hearing and a Council decision on Booth Heights on October 3 rd. There is also the possibility a Special Meeting may be needed prior to the 3rd regarding Booth Heights. 2. Residences at Main Vail Staff will provide an update on Residences at Main Vail. 3. Other Updates The Town Manger may also haveotherupdates to providethe Town Councilto ensure timely communication. 81 AGENDA ITEM NO. 5.2 Item Cover Page DATE:September 5, 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: 230905 Matters.docx Priority Vail Town Council Goals for 2023.docx 82 COUNCIL MATTERS Status Report Report for September 5, 2023 Damage to southeast section of Sandstone Underpass: Contractor is scheduled for repair this week. Concerns about too many “A’frame” signs in the villages: Previously town code prohibited portable signs. A recent US Supreme Court case known as Reed V. Gilbert has resulted in a change to town code, which requires code enforcement to contact businesses of signs located on town property, document violations,and track the number of consecutive days prior to issuing a written notice. Social Media Listening https://share.sproutsocial.com/view/dd2611ee-f861-4c9d-a611-eef8617c9d08 While we tend to use Listening to look for larger trends and posts with high engagement/impressions, it can also help us to discover posts that we might not see otherwise. Here is a heartwarming one: https://www.instagram.com/p/CwX1P6VR9ub/?img_index=1 83 In the News______________________________________________________ Aug. 10 Bike Theft Arrest https://denvergazette.com/outtherecolorado/news/vail-police-arrest-suspect-in-string-of-bike- thefts/article_54cb8784-37a2-11ee-9c18-0befd79e83f8.html Aug. 11 Sustainable Business Workshop https://www.vaildaily.com/news/walking-mountains-to-host-sustainable-business-workshop-at- sonnenalp-in-vail/ Michelin Guide https://www.westword.com/restaurants/what-does-the-michelin-guide-mean-for-colorados-food- scene-17540951 Aug. 13 Dream Big on Dobson - letter https://www.vaildaily.com/opinion/letter-lets-dream-big-on-dobson/ Aug. 14 Booth Heights Confidentiality Order https://www.vaildaily.com/news/vail-seeks-to-remove-confidentiality-requirements-in-legal-fight-with- vail-resorts/ Winter Parking https://www.vaildaily.com/news/vail-to-review-winter-parking-rates-ahead-of-2023-24-ski-season/ Aug. 15 GoVail 2045 Survey https://www.realvail.com/town-seeking-input-on-go-vail-2045-mobility-plan/a16935/ Stay Wildfire Ready campaign https://www.realvail.com/in-wake-of-deadly-maui-fire-vail-reminds-visitors-of-wildfire-preparedness- as-mitigation-efforts-roll-on/a16942/ https://www.cbsnews.com/colorado/news/vail-wildfire-valley-visitors-evacuations-warning-plan- firefighters/ Mountain Towns Bidding Issues https://www.skyhinews.com/news/why-its-harder-than-ever-for-colorado-mountain-towns-to-bid- construction-projects/ Aug. 17 CDOT Purchases for Housing https://www.vaildaily.com/news/vail-approves-over-6-million-in-land-purchases-from-cdot-for-deed- restricted-housing/ 84 Expanding E-Vail Courier https://www.9news.com/video/tech/science/environment/vail-looks-to-expand-electric-cart-delivery- program/73-681ddfae-eb34-4bcb-aac2-a7b506167822 Adam Bloom https://www.vaildaily.com/news/terminated-vail-police-officer-expected-to-enter-pleas-at-next-court- appearance/ Aug. 18 CDOT Purchases for Housing https://www.powder.com/region-colorado/vail-eyes-huge-worker-housing-bump Aug. 21 Booth Heights Immediate Possession Order https://coloradohardmoney.com/vail-sues-vail-town-of-vail-has-resounding-win-what-does-this-mean- for-real-estate/ Aug. 22 Council Compensation https://www.vaildaily.com/news/vail-boosts-town-council-compensation-for-first-time-in-16-years/ Stay Wildfire Ready campaign https://www.youtube.com/watch?v=tcl9KTkLaGw Aug. 23 Vail Communications Center Outage https://www.vaildaily.com/news/vail-dispatch-center-investigating-outage-on-non-emergency-line/ Aug. 24 Restore the Gore https://www.vaildaily.com/news/1-eagle-county-stream-is-getting-healthier-quickly-but-gore-creek- still-needs-work/ Aug. 28 Booth Heights Confidentiality Order https://www.vaildaily.com/news/town-of-vail-vail-resorts-disagree-over-confidentiality-as-booth- heights-valuation-trial-approaches/ Aug. 29 Town Council Candidates https://www.realvail.com/town-of-vail-receives-10-nominating-petitions-for-4-open-town-council- seats/a17107/ Aug. 30 Town Council Candidates https://www.vaildaily.com/news/10-candidates-will-run-for-4-open-seats-on-vail-town-council/ 85 Aug. 30 Vail Social https://www.vaildaily.com/news/vail-social-community-potluck-serves-up-creativity-and-fun/ Upcoming Council Events o November 7 – Election Day! 86 PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023 CATEGORY GOALS NEXT STEPS WHO Housing The Town of Vail will acquire 1,000 additional resident housing deed restrictions by the year 2027 as compared to 2017. By October 1, 2023: 1.Complete the Residences at Main Vail. 2.Initiate the entitlement process for the Timber Ridge and West Middle Creek housing developments. 3.Acquire the East Vail CDOT parcel and initiate the design process. 4.Initiate the acquisition process for one additional parcel of land to create a significant regional housing development. 1.5. Amend the commercial linkage requirements and adopt residential linkage 1. Execute management agreement with RMV property manager. Complete. 2. We are negotiating a development agreement with Triumph on Timber Ridge and there is more demand than units for this project. A pre-development agreement is completed. 3. Regarding West Middle Creek-geotechnical work has been completed, a site plan has been developed, and an RFP for developers has been issued. Transportation Commission has also approved disposing of its land to facilitate this development. 4. Staff is presenting purchase & sale agreements to Town Council August 1, 2023 to acquire CDOT parcels off the north frontage road at West Middle Creek and Timber Ridge. 5. Staff is working with CDOT staff on the acquisition of the East Vail CDOT parcel. 6. TOV and other stakeholders have begun working with the State Land Board on the Dowd Junction property. Housing Director lead, supported by Town Manager & Deputy Manager, Finance Dept, Public Works, Com Dev, Econ Dev Civic Hub and Town Hall By November 1, 2023: 1.Determine a program, budget, and critical path to renovate Dobson Ice Arena so that it will continue to serve Vail for another 40 to 50 years. 2.Determine whether to renovate or relocate Town of Vail offices and if relocated determine best location(s), a budget, and a timeline for relocation or renovation. Note: The Town Manager would request that he be able to work with cultural arts interests to further refine the conceptual design and programs for community uses in addition to Dobson and town offices on the hub site 1. Executed design contract with Populous. Two scenarios have been developed and costed. The two options are over the estimated revenue available. The Town has hired Cumming Group as an owner’s representative. Cumming will work on prioritized improvements to build an option meeting the budget. Soils testing is underway as well as hiring a survey company to provide an updated topographic survey. 2. Develop alternative scenarios for locating and/or refurbishing Town offices and provide recommendations to Town Council. An RFP has been issued to look at the entire Civic Area, including the municipal site for best uses, potential development scenarios. 3. (Recommended additional task): Facilitate a discussion on high priority cultural/community uses and how they can be finically sustained over time and bring forward recommendations to the Town Council. Public Works Director - Dobson/ Town Manager & Com Dev Director, Econ Dev Excellent Customer Service By November 1, 2023: 1.Create a clear definition for providing excellent customer service to our residents and guests for town services and a means of measuring to what degree we are providing excellent customer service. 2. Identify and implement metrics for objectively measuring organizational effectiveness and health so that a baseline is developed which can be improved on in future years. Work with leadership team to develop customer service goals and metrics. Leadership retreat scheduled for June 15 to help define “excellent customer service”. Data points and surveys currently used have been gathered to provide metrics for future measurement of success. Have met with RRC & Associates to establish a workplan for creating metrics. Town Manager and Leadership Team Land Use Regulations Support Town Goals By November 1, 2023: Review and analyze Title 12 Zoning, the Official Zoning Map, Title 14 Development Standards, and other pertinent land use policy language including the Town of Vail Comprehensive Plan. Bring forward recommendations for amendments to help foster the 1.Staff is completing an exhaustive set of recommendations to align the zoning code and administrative policy with the goal of creating affordable housing. 2.Staff will convene focus groups with builders, housing advocates to also solicit feedback on aligning the development review process to support the Town’s housing goals. Community Development Director, Public Works Director, Fire Chief 87 creation of affordable housing and improved efficiency of the development review process. Vail Town Council Action Plan PROJECT MILESTONE UPDATES POINT of CONTACT COMMUNITY West Vail Master Plan Implementation Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP. May 2022 – April 2023. Update to Council on March 21, 2023. Phase 2, West Vail Center: Implementation of recommendations in Chapter 2, WVMP. May 2023 – Sept. 2023. Update to Council May 15, 2023. Phase 3, Transportation & Mobility: Implement recommendations in Chapter 4, WVMP. Coordinate implementation timeline in context of town-wide Transportation Master Plan. Matt Gennett, Community Development Director Timber Ridge Apartments Redevelopment Aug. 1, 2023 Updated market study, design development, and entitlement approval process to redevelop Timber Ridge Village Apartments. Spring 2024 Construction begins. Feb. 1 – Apr. 1, 2025 New units expected to be completed and available for phased occupancy. George Ruther, Director of Housing Ford Park Master Plan Amendments Ford Park Master Plan Amendments. An update was provided to Town Council on July 18; The plan has many elements with potential for implementation over a number of years, dependent upon funding and prioritization. Todd Oppenheimer, Capital Projects Manager Short Term Rental Policy Amendments Jan. 1, 2023 Effective implementation date of Ordinance No. 11, Series of 2022. Feb. 28, 2023 STR license renewal deadline. Carlie Smith, Finance Director Early Childhood Initiatives Funding in 2023 ($250,000) for Council supported areas including: Community Tuition Assistance - ongoing grants for incomes below 450% of federal poverty Workforce Retention – grants to 2 programs for 2023 Expansion and Sustainability of ECE programs – infant subsidy and facility/lease support – pursuing expansion opportunities via in-home and/or new spaces Capital support – facility maintenance support ongoing & future capital support TBD Krista Miller, Human Resources Director Cultural Heritage Preservation & Programs  Lori A. Barnes, Library Services Director Permanent Location for Children’s Garden of Learning Lease at temporary location expires 2026 or earlier pending 180 days’ notice. Staff are working to identify potential sites. Kathleen Halloran, Deputy Town Manager 88 Wildland Urban Interface Code Amendments May 2023 Town Council update on 2022 Fire Free Five grant program. May-October 2023 Implement 2023 Fire Free Five grant program. Fall 2023 Fire Free Five code adoption consideration. Mark Novak, Fire Chief ENVIRONMENT USFS Booth Creek Fuels Reduction Project Spring 2023 USFS Record of Decision-draft EA issued on May 5, 2023 with 45 day comment period. Winter 2023/2024 Identify costs and funding sources. 2023-2030 Implementation - timeline is variable due to external factors. Mark Novak, Fire Chief Identify Alternative Fuel Solutions 2022 - First boiler replacement operational. Collecting data on usage. Town is under contract with the Grey Edge Group, to study feasibility of a networked geothermal system for decarbonizing the snowmelt system. Experts toured Vail infrastructure on May 8th. Kristen Bertuglia, Environmental Sustainability Director Sustainable Strategic Plan Jan. – Dec. 2023 Kristen Bertuglia, Environmental Sustainability Director Wildlife Crossing at Dowd Junction Feasibility and design RFP in 2023 to identify additional crossing opportunities in addition to Dowd.Kristen Bertuglia, Environmental Sustainability Director Global Friendship | Peer Resort Exchange Programming Staff to return to town council in Q3 with proposal for areas of alignment with key peer resort and international community exchanges. St. Anton delegation of 11 visited Vail June 6 - 10 with official tours and meetings and a proclamation at the June 6 th Town Council meeting and ending with participation at the Go Pro Mountain Games. Staff will begin working on next steps, such as an employee exchange program and potential visit next summer to St. Anton. Mia Vlaar, Economic Development Director. Kristen Bertuglia, Environmental Sustainability Director Cultural Heritage Preservation & Programs 2023 Budget is $25,000. March 21, 2023 – Resolution No 4 passed for the Naming or Commemoration of town-owned properties. Town’s website has been updated to include an online application. Partner on Trailblazer Award process. Continued work in 2023 - Summervail Archives (on hold for now, need to reconnect with their team) ; Vail Valley Voices (ongoing project with many more oral histories still to be captured) ; Library’s 40th Anniversary (celebration was first announced in March ; historic display on Hauserman table through the summer, Galleria display exhibit opens in August ; July 4 th Book ‘n Bake Sales (Theme is “This Library is Your Library – 40 Years Strong”) ; Eagle County celebrates 140 years (Library hosted the traveling photography exhibit in April) ; CHC website has been further updated to include cultural initiatives from other departments ; CHC committee meets bimonthly. Lori A. Barnes, Director of Library Services Open Lands Plan 2022-2028 - Biodiversity study to kick off in late summer 2022.Field work begins June 15 Kristen Bertuglia, Environmental Sustainability Director Building Code Regs & Climate Action Plan Implementation May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness 2023. Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program. Solar RFP responses received, contract to be completed June 20. Matt Gennett, Community Development Director 89 ECONOMY 2. Dobson and Civic Area Plan Implementation Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson; by November 2024 determine location for Town Hall services.Dobson:Architect/design firm and owner’s rep presented conceptual designs for Dobson Ice Arena renovations during a Joint meeting with VRD and Town Council on July 18. Conceptual designs were adjusted based on feedback. Town Council presentation on August 1 st responding to seating capacity questions and asking to continue moving forward with the recommended design and funding plan. August 15th contract for schematic design awarded to Populous team and moving forward with the $55M option Matt Gennett, Community Development Director Greg Hall, Public Works Director 4. Zoning Review Propose changes to zoning regulations to enhance or encourage workforce housing.Matt Gennett, Community Development Director Special Events Funding Model Alternatives Initiative As part of the reimagining and restructure of the economic development department as a destination marketing organization (DMO), a new structure for special events funding will be explored in Q2.Carl Ribaudo is providing consulting services to address the town’s reorganization into a Destination Marketing Organization including marketing, special events, welcome centers, and business development. Mia Vlaar, Economic Development Director Vail’s Stewardship Roadmap Adoption of plan by resolution by Vail Town Council is planned for June 20th. Early implementation including resourcing, budgeting, and planning to begin in Q2 2023. Mia Vlaar, Economic Development Director Next Steps for TIF Funding Estimated funds available between 2022 and 2030 total approximately $45 million. Timeline: 3 - 5 years Current plan is to use remaining $45M toward the $55M Dobson Ice Arena renovations. Kathleen Halloran, Deputy Town Manager Economic Development Strategic Plan Update Following the reimagining and restructuring of the department as a destination marketing organization (DMO), the economic development strategic plan will be wrapped into the overall new TOV Strategic Plan set for development in 2024. Mia Vlaar, Economic Development Director EXPERIENCE 3. Excellent Customer Service By November 1, 2023, achieve the following: Create a clear definitions of excellent customer service to our residents and guests and a means of measuring to what degree we are providing excellent customer service.A leadership meeting was held June 15, where customer service principles were developed. Identify and implement a metric for objectively measuring organizational effectiveness and health so that a baseline is developed which can be improved on in future years. Feb 24 met with RRC as a first step in identifying what metrics we have available using the bi-annual community survey and post-visit guest intercept surveys. Mar 22 internal meeting to discuss creating an inventory of data to use in measuring guest experience. May 10 created an internal inventory of existing data points. Staff met with RRC & Associates in Boulder, CO on July 13 to discuss service metrics and reportable data to the community. Contract expected 3 rd week of August for consulting services to help develop a plan, with a phase 2 scope of work to encompass data tracking, measurement and reporting. Kathleen Halloran, Deputy Town Manager Go Vail 2045 – Vail Mobility & Transportation Master Plan July 2022 – May 2024. Completed existing conditions public outreach/analysis and Noise Study update. Team is in the process of drafting initial recommendations which will be presented to the public and Council this summer for initial comment and feedback. Presentations made to Town Council August 1 st and August 15th. Tom Kassmel, Town Engineer Public Works Shops Expansion and Access Improvements March 2021 – June 2022. - Access Improvements: Engaged design team to provide a scope to provide additional steps to provide access to the upper level of the public works shop building. Greg Hall, Public Works Director 90 E-Vail Courier Implementation Oct. 1, 2022 - Full implementation began.Council was updated on May 16 th on the success of the program and lessons learned. Presentation to Town Council was made on August 1st for an expansion the program for large couriers such as FedEx/UPS within the current budget allocation. Ryan Kenney, Police Commander Regional Transportation Ballot measure passed in Nov. 2022. Town Council member Barry Davis is serving as the town’s representative on the RTA board. This first year will be spent establishing the new RTA.Updated Town Council on August 1st Public Parking Initiatives New parking rates and passes were implemented at the start of the 2022/23 winter season. On April 18, Town Council approved recommendations by the Parking Task Force to implement changes to summer parking overnight rates and event parking rates at Ford Park. Parking Task force met July 21 to continue discussions for the upcoming winter parking program. Town Council approved the winter parking plan on August 15th. Greg Hall, Public Works Director Guest Experience Initiatives PrimaVail and PrimaService programming will continue through September. Early winter will see another reactivation of PrimaVail and PrimaService recognition for the winter season. Mia Vlaar, Economic Development Director 91 AGENDA ITEM NO. 6.1 Item Cover Page DATE:September 5, 2023 TIME:10 min. SUBMITTED BY:Jeremy Gross, Economic Development ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Letter of Intent for 2024 Après at the Amp Concert Sponsorship SUGGESTED ACTION:Approve, approve with amendments, or deny Letter of Intent for the Après at the Amp Concert. PRESENTER(S):Jeremy Gross, Special Event Coordinator VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 230905 VVF LOI.pdf 92 TO: Vail Town Council FROM: Economic Development Department DATE: September 5, 2023 SUBJECT: 2024 Après at the Amp Concert Letter of Intent I. SUMMARY The purpose of this memo is to provide background information on the proposed Après at the Amp concert in April of 2024, and to request a letter of intent for sponsorship of the event. II. BACKGROUND In 2022 the Town and Vail Resorts jointly published an RFP for a spring end-of-season concert. There were multiple proposals for events to occur at Ford Park and a unique proposal from the Vail Valley Foundation to produce a concert series at the Gerald R. Ford Amphitheater. The Town and Vail Resorts selected the proposal from the Vail Valley Foundation in December of 2022 for the event in April 2023. With a short four-month planning window, the VVF was able to successfully produce a weekend of concerts that met the challenges of operating during the winter. The event, "Après at the Amp" was not only a culmination of the Town and VR's season long Après programming, but also met the goals of the Town and Vail Resorts by booking international headlining talent that aligned with the Vail brand. The feedback from the event was overwhelmingly positive, and the Town, Vail Resorts, and VVF are engaged in producing a similar event in 2024. After the event, the VVF, and their talent partner AEG, reviewed the operations, finances, and guest and community feedback from the inaugural event to determine if it would be feasible to produce again. The venue itself and de-winterizing it were monumental tasks for the team, but in the end, the project as a whole was successful. The VVF has stated that any additional planning time over last year would be a huge benefit for the operations, talent selection, and event overall. Town staff has reviewed the 2024 event plan with VVF and Vail Resorts and are confident that financial support of the event will help achieve the stated goals to provide a positive end of season musical experience for guests, workers and residents. By making a commitment now, VVF will be able to engage the talent buyers, with the goal of announcing headliners before the new year. The Economic Development department recommends the financial support of Après at the Amp in April of 2024. This request is for a letter of intent subject to final approval of the 2024 budget by the Town Council. The proposed events budget for 2024 currently includes a placeholder for $125,000 for this event. Vail Resorts has also budgeted $125,000 for the event. 93 Town of Vail Page 2 III. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to sign a letter of intent, with the Vail Valley Foundation to sponsor the Après at the Amp Concert Series in April of 2024, with an amount not to exceed $125,000. 94 AGENDA ITEM NO. 6.2 Item Cover Page DATE:September 5, 2023 TIME:10 min SUBMITTED BY:Tom Kassmel, Public Works ITEM TYPE:Action Items AGENDA SECTION:Action Items SUBJECT:Dowd Junction Streambank Stabilization Project Budget Adjustment SUGGESTED ACTION:Approve the budget adjustment. PRESENTER(S):Tom Kassmel, Town Engineer VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: CouncilMemo9-5-23.docx 95 To:Vail Town Council From:Public Works Department Date:September 5, 2023 Subject:Dowd Junction Streambank Stabilization Project Budget Update I.SUMMARY The Town of Vail has been working on the design and permitting of the Dowd Junction Streambank Stabilization Project in a joint effort with ERWSD since 2016. The purpose of the project is to stabilize the existing retaining wall that supports both the Gore Valley Trail and ERWSD’s sanitary sewer main. A contract was awarded to Whinnery Construction, and construction was anticipated to start last fall but due to the timing of the issuance of the Army Core permit the project had to be delayed until this year. The updated Army Core permit was recently received with the condition that all streambed work must stop by October 15th to allow for fish spawning. This restriction will require the project to be completed in two fall seasons with a completion date of fall 2024. In order to fully complete this project over the next two fall seasons the project budget will need to be updated. In 2019 this project had a budget of $2.1M, however in 2020 during COVID the budget was reduced to $700k to realize perceived budget savings based on the favorable 2019 construction bid from Whinnery Construction. Some of those savings have since eroded as a result of cost escalation, increased scope to back fill eroded voids behind existing boulders, and potential additional remobilization costs for 2024. In 2021 the project budget was increased by $100k, leaving the current project budget at $767k. Since this project is a joint project, the Town’s budget currently accounts for a reimbursement from ERWSD of $300,000. In order to fully complete the project next year the project budget will need to be supplemented to a total project budget to $1.3M, with increased reimbursements from ERWSD of $575k, and an additional reimbursement of $150k from ECO Trails. The net increase to the Town of Vail is $108k in 2024. II.RECOMMENDATION Town staff recommends that Council Authorize the Town Manager to increase the project budget to 1.3M. Along with increasing the reimbursements from ERWSD to $575k, and ECO Trails to $150k. Recognizing that this will increase the Town of Vail cost by $108k in 2024. 96 Project Site Photo 97 AGENDA ITEM NO. 6.3 Item Cover Page DATE:September 5, 2023 TIME:5 min SUBMITTED BY:Chad Salli, Public Works ITEM TYPE:Agreement AGENDA SECTION:Action Items SUBJECT:Subsurface Utility Engineering Change Order SUGGESTED ACTION:Authorize the Town Manager to execute a change order, in a form approved by the Town Attorney, with SGM Inc. to complete the Subsurface Utility Engineering in the amount not to exceed $130.000.00. Direct Staff to increase the Capital Project's fund budget by $60,000 for the increased cost of this project. PRESENTER(S):Chad Salli, Project Engineer VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: council_memo-Fiber_SUE_CO__1_.docx 98 To:Town Council From:Public Works Date:09/05/2023 Subject:Subsurface Utility Engineering Change Order I.ITEM/TOPIC Subsurface Utility Engineering Change Order II.ACTION REQUESTED OF COUNCIL Authorize the Town Manager to execute a change order with SGM, Inc to complete the subsurface utility engineering. III.BACKGROUND SGM, Inc is under contract with the Town to complete Subsurface Utility Engineering (SUE) in preparation for the Town to continue installation of the Town’s fiber optic backbone by installing conduit from Fire Station #3 in West Vail to Lionshead along the S Frontage Rd and the Gore Valley Trail. SUE is required by state law anytime a project meets certain requirements, and the fiber project meets 4 key requirements. After SGM began their initial utility investigation it was discovered that there were significantly more utility conflicts than anticipated. Town staff worked with SGM on alternative alignments to reduce some of these conflicts prior to starting the required field investigation (utility potholing), for example avoiding the south roundabout in West Vail. However, the number of utility potholes is still more than double the original estimate in the Request for Proposals. It is estimated that the additional scope of work required to complete the SUE is $130,000.00 Staff originally received 3 proposals for the subsurface Utility Engineering Request for Proposal ranging from $75,000 - $207,000.00. No additional funding is being requested with this change order. IV.STAFF RECOMMENDATION 99 Town of Vail Page 2 Authorize the Town Manager to execute a change order, in a form approved by the Town Attorney, with SGM, Inc to complete the Subsurface Utility Engineering in the amount not to exceed $130,000.00. 100 AGENDA ITEM NO. 6.4 Item Cover Page DATE:September 5, 2023 TIME:15 min. SUBMITTED BY:Matt Gennett, Community Development ITEM TYPE:Ordinance AGENDA SECTION:Action Items SUBJECT:Ordinance No. 17, Series of 2023, First Reading, An Ordinance for a Prescribed Regulation Amendment Pursuant to Section 12- 3-7 Amendment, Vail Town Code, to Amend Section 12-21-10 Development Restricted, to Allow Structures in the Housing Zone District to be Built on a Slope of 40% or Greater and Setting Forth Details in Regard Thereto. (PEC23-0016) SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 17, Series 2023, upon first reading. PRESENTER(S):Greg Roy, Planning Manager and Jonathan Spence, Planning Consultant VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Ordinance No. 17, Series 2023 Staff Memorandum.pdf Attachment A. Ordinance No. 17, Series of 2023.pdf Attachment B. PEC23-0016 Memo 8-14-23.pdf Attachment C. PEC Minutes, August 14, 2023.pdf 101 Town of Vail 1 TO: Vail Town Council FROM: Community Development Department DATE: September 5, 2023 SUBJECT: First reading of Ordinance No. 17, Series of 2023, for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-21-10 Development Restricted, to allow structures in the Housing Zone District to be built on a slope of 40% or greater and setting forth details in regard thereto. (PEC23-0016) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The applicant, Town of Vail, is proposing to amend Section 12-21-10, Development Restricted to allow structures in the Housing (H) zone district to be built on slopes of 40% or greater. The current language of this code section does not permit structures on slopes of 40% or greater except in Single-family Residential, Two-family Residential or Two-family Primary/Secondary Residential zone districts. The impetus of this proposal is Town Council Priority 4, an initiative to bring greater alignment between land use regulations and identified town goals. This minor amendment to the Town Code will remove an unnecessary review step in the development of deed restricted housing. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, Series of 2023, on first reading. III. DESCRIPTION OF REQUEST The proposed Prescribed Regulation Amendment will add the Housing (H) Zone District to those districts exempt from the prohibition of structures on slopes of 40% or greater. Please see Attachment A. Ordinance No. 17, Series of 2023, for the revised language for Section 12-21-10, Vail Town Code. 102 Town of Vail 2 IV. BACKGROUND The Planning and Environmental Commission (PEC) held a public hearing on the proposed amendment on August 14, 2023. There was discussion as to the appropriateness of the variance process and corresponding criteria for reviewing housing developments on steep slopes. The PEC also discussed the potential impact of the code change on the review of large residential structures on steep slopes. It was determined that the existing review process based on adopted building codes and other engineering requirements would be unaffected by removing the need for a variance for projects on steep slopes within the Hosing District. The PEC recommended approval in a 6-1-0 vote (Pratt opposed). Commissioner Pratt expressed a preference to continue to review potential development on steep slopes within the Housing District on a case by case basis, using the existing variance process. V. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 17, Series of 2023, on first reading, the Planning and Environmental Commission recommends the Council pass the following motion: “The Vail Town Council approves, on first reading, Ordinance No. 17, Series of 2023, an ordinance to amend Section 12-21-10 Development Restricted, to allow structures in the Housing Zone District to be built on a slope of 40% or greater.” Should the Vail Town Council choose to approve Ordinance No. 17 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. 17, Series of 2023 B. Staff Memorandum to PEC, August 14, 2023 C. PEC Minutes, August 14, 2023 103 8/25/2023 \\FILESERVER2019\REDIRECTED$\JSPENCE\DOWNLOADS\ORINANCE NO. 17, SERIES OF 2023.DOCX ORDINANCE NO. 17 SERIES 2023 AN ORDINANCE REPEALING AND REENACTING SECTION 12-21-10 OF THE VAIL TOWN CODE, REGARDING RESTRICTED DEVELOPMENT IN HAZARD ZONES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-21-10 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-21-10: DEVELOPMENT RESTRICTED: (A) The term “structure” as used in this Section does not include recreational structures that are intended for seasonal use other than residential use. (B) No structure shall be constructed in any flood hazard zone or red avalanche hazard area. (C) Structures may be constructed in blue avalanche hazard areas provided that proper mitigating measures have been taken. (D) No structure shall be constructed on a slope of forty (40) percent or greater except in the following zone districts: Housing (H), Single-Family Residential (SFR); Two-Family Residential (R); or Two-Family Primary/Secondary Residential (PS). (E) The Administrator may require an applicant desiring to build in an avalanche hazard zone of influence to submit a definitive study of the hazard area in which the applicant proposes to build, if the Town's master hazard plan does not contain sufficient information to determine if the proposed location is in a red hazard or blue hazard area. The study shall be completed in accordance with Chapter 12 of this Title. (F) The Administrator may require an applicant desiring to build in a blue avalanche hazard zone to submit a definitive study indicating whether improvements are required to mitigate the possible hazard, and if required, a description of the improvements proposed. The study shall be completed in accordance with Chapter 12 of this Title. 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. 104 2 8/25/2023 \\FILESERVER2019\REDIRECTED$\JSPENCE\DOWNLOADS\ORINANCE NO. 17, SERIES OF 2023.DOCX 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 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 105 TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 14, 2023 SUBJECT: A request for the review of a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Section 12-21-10 Development Restricted, to allow structures in the Housing Zone District to be built on a slope of 40% or greater. (PEC23-0016) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY The applicant, Town of Vail, is proposing to amend Section 12-21-10, Development Restricted to allow structures in the Housing (H) zone district to be built on slopes of 40% or greater. The current language of this code section does not permit structures on slopes of 40% or greater except in Single-family Residential, Two-family Residential or Two- family Primary/Secondary Residential zone districts. 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 to amend Section 12-21-10 Development Restricted, to allow structures in the Housing Zone District to be built on a slope of 40% or greater. This amendment will allow construction of housing developments to occur on slopes of 40% or greater in the Housing (H) zone district, without the need for a variance. III. BACKGROUND The Housing zone district was added to the Vail Town Code in 2001, while the restriction on development on slopes equal to or greater than 40% has been in place since 1978. This restriction has prevented the construction of multi-family or commercial development on steep slopes unless a variance is granted. 106 Town of Vail Page 2 Since its inception in 2001, the Housing zone district has been applied to the following areas to further the development of deed restricted housing: • Chamonix (Chamonix Townhomes, Development on Parcel E (future) • Timber Ridge (Lions Ridge and Timber Ridge II) • Middle Creek (Middle Creek, Residences at Main Vail, West Middle Creek (future) • Lower Potato Patch (Solar Vail) • East Vail (Booth Heights) Variances have been obtained to allow development on slopes of 40% or greater for the Residences at Main Vail and the Chamonix Parcel B developments and would be necessary for future development in the West Middle Creek area without the proposed text amendment. IV. PROPOSED TEXT AMENDMENT LANGUAGE The proposed code section would be amended as follows: Existing language 12-21-10 Development Restricted: (A) No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of 40% or greater except in single-family residential, two-family residential or two-family primary/secondary residential zone districts. The term “structure” as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. Proposed language 12-21-10 Development Restricted: (A) No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of 40% or greater except in the housing, single-family residential, two-family residential or two-family primary/secondary residential zone districts. The term “structure” as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. 107 Town of Vail Page 3 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. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: 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 of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 108 Town of Vail Page 4 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. CHAPTER 21 HAZARD REGULATIONS (IN PART) 12-21-10: DEVELOPMENT RESTRICTED: A. No structure shall be built in any flood hazard zone or red avalanche hazard area. No structure shall be built on a slope of forty percent (40%) or greater except in single-family residential, two-family residential, or two-family primary/secondary residential zone districts. The term "structure" as used in this section does not include recreational structures that are intended for seasonal use, not including residential use. VAIL TOWN COUNCIL ACTION PLAN 2018-2020 Our Mission - Grow a vibrant, diverse economy and community and preserve our surrounding natural environment, providing our citizens and guests with exceptional services and an abundance of premier recreational, cultural and educational 109 Town of Vail Page 5 opportunities. Community - Engage our community in honoring social, recreational, cultural, and educational values that will guide sustainable strategies throughout our neighborhoods as the foundation of our town’s continued success. Ensure that our citizens are afforded the opportunity to live and thrive in our community. • Housing as necessary infrastructure to our community Economy - Preserve our vibrant and diverse economy that keeps Vail at the forefront of our resort competitors. • Update long range strategic plans to enhance competitiveness of the Town of Vail Experience - Deliver on the promise, “Vail. Like nothing on earth” that also supports “preserving our natural environment”. • Excellent municipal services • Convenient, efficient, and safe parking and transportation venues Sustainability - Balance our economic, environmental, and social needs to deliver a sustainable community. • Strategic implementation of environmental programs • Excellent stewardship by monitoring and maintaining our natural environment • Climate action to achieve reduction of greenhouse gas emissions • Reduce the environmental impact of transportation • Explore and encourage sustainable building practices VAIL HOUSING 2027 Goal: The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027. These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. 110 Town of Vail Page 6 Vision: An Eye on the Future - We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America’s premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community-driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. Mission: Maintaining and Sustaining Community - We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail Policy Statement: Resident Housing as Infrastructure - We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government. VAIL LAND USE PLAN CHAPTER II – LAND USE PLAN GOALS / POLICIES: The goals articulated here reflect the desires of the citizenry as expressed through the series of public meetings that were held throughout the project. A set of initial goals were developed which were then substantially revised after different types of opinions were brought out in the second meeting. The goal statements were developed to reflect a general consensus once the public had had the opportunity to reflect on the concepts and ideas initially presented. The goal statements were then revised through the review process with the Task Force, the Planning and Environmental Commission and Town Council and now represent policy guidelines in the review process for new development 111 Town of Vail Page 7 proposals. These goal statements should be used in conjunction with the adopted Land Use Plan map, in the evaluation of any development proposal. 1. General Growth / Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3. The quality of development should be maintained and upgraded whenever possible. 1.6. Development proposals on the hillsides should be evaluated on a case by case basis. Limited development may be permitted for some low intensity uses in areas that are not highly visible from the Valley floor. New projects should be carefully controlled and developed with sensitivity to the environment. 1.10 Development of Town owned lands by the Town of Vail (other than parks and open space) may be permitted where no high hazards exist, if such development is for public use. 1.12. Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5. Residential 5.1. Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3. Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VII. ENVIRONMENTAL IMPACTS The proposed prescribed regulation amendment does not have any identifiable 112 Town of Vail Page 8 environmental impacts. The existence and extent of environmental impacts are evaluated during the rezoning and development plan processes. VIII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment to allow the development within the Housing (H) District on slopes of 40% or greater furthers the general and specific purposes of the zoning regulations by providing for the growth of an orderly and viable community in a manner harmonious with the established character as a resort and residential community of high quality. In these times of unprecedented community housing needs, without the obtainment of additional deed restricted housing within the Town, the ability to maintain established community qualities and economic values will be challenging. Community housing is necessary infrastructure that is critical in furthering the purposes of the zoning regulations. The proposed text amendment allows the development of this much-needed community resource in areas within the Housing (H) zone district, on steep slopes, without the need for a variance. 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 allows the development of needed community housing as identified and supported by the numerous elements of the community plan including Vail Housing 2027. Per the Land Use Plan, development proposals on hillsides should be evaluated on a case-by-case basis with development sensitive to its environment. All properties within the Housing (H) zone district have been purposely identified through the rezoning process as suitable for the development of community housing, a clear public purpose. 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 113 Town of Vail Page 9 Although community/workforce housing has been an identified need since the inception of the Town of Vail, economic factors including the rapid increase in short-term rentals have significantly reduced this housing type, previously provided by the private sector. The development of additional community housing is critical in maintaining Vail’s position as North America’s premier international mountain resort community. The proposed text amendment increases the availability of land within the Housing (H) district for such development. The prohibition of development on slopes of 40% or greater in the Housing zone district is no longer appropriate. Staff finds that the proposed text amendment meets this criterion. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Staff finds that the text amendment maintains a harmonious, expedient, workable relationship among land use regulations consistent with the Town’s development objectives. The amendment only applies to properties already identified through the rezoning process as being suitable for the development of community housing, while removing the unnecessary need for a variance. 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. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the 114 Town of Vail Page 10 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 12-21-10 Development Restricted, to allow structures in the Housing Zone District to be built on a slope of 40% or greater. 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 August 14, 2023, staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." 115 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: Jonathan Spence Applicant Name: Town of Vail 3.1 A request for the review of a Prescribed Regulation Amendment pursuant to Section 12-3- 7 Amendment, Vail Town Code, to amend Section 12-21-10 Development Restricted, to allow structures in the Housing Zone District to be built on a slope of 40% or greater. (PEC23-0016) Planner Spence introduces the application. He gives the history and purpose for the application; part of the goal is to remove barriers in the code to the development of deed restricted housing. When the Housing zone district is applied, the boards and council have made the determination that the property is suitable for the development of housing. Rediker asks why the code discourages building on slopes of 40% or greater. Spence says at the time it was enacted in the 1970s, there was not the need or consideration to build housing on steep slopes. The purpose at the time was to prevent housing on these slopes, which may have negative visible impacts. Since that time there is a greater need for housing, and applying the Housing zoning designation determines if a site is appropriate for development. Rediker asks about the dangers of building in steep slopes, like erosion and rock fall. Do these play into the 40% number? Spence says the application does not change the requirements related to any type of hazard. The development can occur safely as it is analyzed through the building permit process. Rediker asks if an applicant currently would have to apply for a variance for housing on steep slopes? Planning and Environmental Commission Minutes Monday, August 14, 2023 1:00 PM Vail Town Council Chambers PEC23-0016 Memo 8-14-23.pdf 1 Planning and Environmental Commission Meeting Minutes of August 14, 2023 116 Spence talks about the variance process and criteria. It’s appropriate to remove the need for the variance, since the variance criteria speaks more to the uniqueness of a situation and not the safety or developability of a site – which is addressed elsewhere. Rediker asks if the variance now is another check on the suitability of a site. Spence talks about the review process in these cases. The variance doesn’t provide additional review in terms of the suitability of development. Rediker asks if there is still review and checks in these cases. These would still occur if we were to pass the proposed changes today? Spence says it only changes the need for a variance, there is still adequate review regarding the steep slopes. Lipnick asks if projects will still be evaluated on a case-by-case basis as mentioned in memo. Spence confirms. This will be checked twice, first when the rezoning to Housing is made. The variance criteria doesn’t lend itself to this. A more appropriate review of this is through the building permit process. Lipnick asks about sensitivity to the environment. Will that be dealt with case by case? Spence says permit review is universal, and on steep slopes requires things like soil-testing and Geotech consultants. These are unaffected by this proposed amendment. The need for deed -restricted housing does require a balancing. Staff is confident that the rezoning process examines that properties can be developed while being sensitive to the environment. Pratt questions whether the rezoning process looks at this. When Middle Creek was rezoned, we were told none of it was in the 40%. What happened in the rezoning process in this case? Roy says the lots being looked at were outside of the 40% area. The aim was to keep the developments on the flatter portions outside of the 40% area. Pratt says it seems the rezoning checkpoint didn’t work. Roy says there may be consideration of further development on the lot in areas with steeper slope that may require a variance under current code. Jensen asks about a commercial developer down the road having grounds to challenge restrictions on building on 40% or greater slopes. Spence says that is not anticipated. The areas with these steep slopes are not generally where commercial development has occurred. This is bringing the Housing district in line with the current allowances for other types of housing. The Town has not seen pressure for other types of development on steep slopes. Jensen asks about down the road if that may change. Roy says the legal team would likely not be concerned; the zoning differentiates the use in multiple ways. Rediker says he would be less concerned if he better understood the limits where this applies. Where does this apply? Spence says the areas of steep slopes where housing may occur are predominately on the north side of the highway. On the south side steep slopes are in areas that are not being considered for Housing, often in existing low-density neighborhoods (Forest Road) 2 Planning and Environmental Commission Meeting Minutes of August 14, 2023 117 Rediker clarifies that for any potential housing projects, this commission would have the opportunity to look at the suitability in relation to slope through the rezoning process. Hagedorn asks if any variance requests of this nature have been denied in the past. Spence says no. Rediker understands this is something Council wanted Staff to look at to facilitate the building process. Did Council look at how a variance is requested today and the criteria and findings. Spence says that level of analysis did not occur. Council felt the land use code directly influences the ability to create or realize affordable housing. They directed Staff to look at the code and make recommendations that would improve the efficiency of development review and creation of affordable housing. Smith asks about other safety and review considerations. If these exist why not expand this exception for other areas? Spence says the other reason is the visible impact. The focus of the council priority is the development of deed-restriction housing. A more intensive process would be needed to examine that requirement for all housing. Aesthetic concerns. Smith asks about past development in steep slopes, for example Spraddle Creek. Roy says that sites have platted building envelopes where construction is allowed, on the flatter portions of the lot, not inclusive of steep slopes. Smith confirms an unsafe building will not be allowed to be constructed in these slopes. Rediker references Main Vail and Chamonix Parcel B needing a variance for construction on steep slopes. Why is there a concern now that the applicant couldn’t come to PEC for a variance? Why not obtain a variance? Spence says variances do not set a precedent although they do provide context. The variance standards and findings are not particularly relevant to the purposes of building on steep slopes. The purpose of this is not to limit the review of development, the variance was simply identified as a step that has occurred in the past, may be necessary in the future, but because of the criteria doesn’t speak to the situation at hand. Rediker asks why aren’t there provisions in the code that address safety concerns of steep slope sites. Spence says they are addressed with hazard regulations, as well as the review and reports included with the building permit process. It is not thought that the variance process adds to those considerations. Spence and Rediker discuss the existing hazard requirements in 12-21. Spence says 12-21- 13 refers to single and two-family requirements. They are not quite as rigorous as multi-family building permits. The life-safety requirements of a multi-family project address these concerns. Phillips says having experience with multi-family, the process is significantly more rigorous than it is for residential. He compares the 30% average language against the greater than 40%. This code was written in the 1970s when engineering and shoring weren’t as good as what we have now. He talks about engineering and shoring that has been done on steep slopes with variances. By no means does multi-family fall under less rigorous requirements, that is part of the building review to look at it rather than the zoning. He agrees the requirement should be changed because it is currently removing a lot of 3 Planning and Environmental Commission Meeting Minutes of August 14, 2023 118 buildable area from consideration. Smith agrees. She references the higher standards for multi-family versus single/two-family in 12-21-13. Spence confirms. Rediker is concerned with consistency in the code. He will take Staff’s word that building code will address life safety concerns. He references town code 12-21 and 1.6 from the land use plan. He wants to pass something that is harmonious with the other provisions. Why aren’t 12-21-12, and 12-21-13 being amended. Spence says those are specific for low density residential because those protections don’t exist as rigorously in the building code as they do for multi-family. Rediker asks for public comment. There is none. Pratt discloses he was involved with SolarVail. They did get a variance for minor encroachment into hillside. He continues to feel that is the appropriate task to take, saying this will be picked up in the rezoning proces didn’t happen with West Middle Creek. He goes back to 12-1-2; 5, 7-8, 9. Also Vail Land Use plan ch.11 (1.6, 1.12), Residential 5.1. These are big buildings that will have big impacts, it should stay in the variance process that can be reviewed on a case by case basis rather than a blanket allowance. Hagedorn says there are inevitably conflicting portions of the code, can you develop affordable housing without creating density? This is a design and constructability issue, not related to uniqueness or hardship per the variance criteria. If you’re concerned about this there are still checkpoints in the review process, this is more of a norm than hardship. He agrees with Phillips, construction techniques have improved since the 1970s. He is for removing ambiguity and unnecessary steps from the land use process; this removes an obstacle when all variances have been approved anyway. It furthers the Town’s goals for the development of deed restricted housing. Are there other districts where similar changes may be appropriate? Rediker agrees there is an inherent conflict in some of the land use plans and code. He is more comfortable that you can allow this to proceed without seeking a variance while still safeguarding safety and the environment. He would like to know more about the location of these areas, nothing was presented today. Jensen says the challenge of affordable housing is the biggest issue this community and valley faces. He supports this change, someone will have the opportunity to invest the time to figure out how to do the projects on these sites, it is an encouragement to think bigger. There will be plenty of opportunities for the Town to review and ensure they meet all the requirements. Smith says its discriminatory to exclude multi-family while allowing the exception for single family and two-family residential. When variances become the norm, it indicates the code as written does not meet the Town goals. The variance process does not add consistency or meaningful review in these cases beyond what is already existing. Lipnick is comforted by more restrictive requirements for multi-family and commercial projects. More deed-restricted housing is the number one priority for this town and the valley. The hazards and safety measures will be enforced, there is better technology to look at the hazards as well as construction techniques. Rediker asks about 12-21. He wants to confirm that the requirements for these districts are less than what would be required for multi-family under the building code? We don’t need additional code provisions? 4 Planning and Environmental Commission Meeting Minutes of August 14, 2023 119 Spence confirms. 4.Approval of Minutes 4.1 PEC Results 7-24-23 5.Information Update 5.1 Transportation Master Plan Update Tom Kassmel, Town Engineer, gives an update on the Transportation Master Plan update. He goes through a presentation on the elements of the update. He answers commissioner questions on some of the proposed bike/pedestrian path extensions. He talks about landscaping, lighting, wayfinding, and signage. He addresses speed limits and transit. Smith and Kassmel discuss how transit ridership relates to visitation numbers. Kassmel addresses potential transit service improvements. He walks through regional transit improvements. He talks about facilities and infrastructure improvements. He talks about the parking data and the methodology. He talks about parking management options. Smith asks about conflict and safety issues. Kassmel addresses that relationship. Jensen says what could be the priorities for the first five years versus longer projects down the road. Pratt observes the frontage road overflow happens during the week more and more. How does that factor into management strategies? Kassmel speaks to some of the trends, Fridays and Saturdays are the busiest. Pratt points out the conflicts between pedestrians, bikes, and e-bikes, keeping that safe. Kassmel outlines some of the options. Rediker addresses concerns with the speed of vehicles, particularly within West Vail. He encourages the Town not to raise speed limits for that reason. Jensen gives Council credit for reducing amount of free time in parking garages. Phillips asks if there are any restrictions from CDOT regarding overflow parking on frontage. Kassmel says there is an agreement limiting the number of days in different areas. Hagedorn asks if the Eagle Valley Trail Initiative could be a partner. Kassmel says that is a good opportunity, they will look at possible grants and partners. Pratt asks about the number of cars going to trailheads, particularly in east vail and beyond. Bobby Lipnick made a motion to Recommend for approval with the findings on pg. 10 of the staff memo.; Robyn Smith seconded the motion Passed (7 - 0). PEC Results 7-24-23.pdf Reid Phillips made a motion to Approve ; Bobby Lipnick seconded the motion Passed (7 - 0). PEC 8-14-23 - Info Update Transportation MP Memo.pdf PEC 8-14-23 - Info Update Transportation MP Presentation.pdf 5 Planning and Environmental Commission Meeting Minutes of August 14, 2023 120 Kassmel says it is being looked at, something like the Booth Falls shuttle has been effective. 5.2 Environmental Department Update - Car Share Beth Markham, Environmental Sustainability Manager, gives a presentation on carsharing. She walks through different carshare program models. Lipnick asks about third-party vendors in Vail. Markham says they have not been here to her knowledge. Jensen wonders if the Town could implement a fee -in-lieu that could support programs like this, particularly for some of the larger housing projects. Also what are the management limitations in terms of time and distance. Markham gives examples of some programs around the state. Rediker and Markham discuss the self-managed model as used in Aspen. Lipnick asks about the operation of third-party providers. Smith talks about some of the models being used in California, which is a leader in the field. Jensen talks about the rentals at the Eagle County Airport, would they be interested in expanding with support. They’re in that business, it could be a public-private partnership. Rediker ask about the maintenance of third party managed vehicles. Markam says the user is often responsible for refilling or recharging, with varying costs. Pratt asks about self-driving vehicles. Markham says that is still an emerging field. Jensen asks where the Town is on this. It seems like the Town may need to invest in a pilot program to learn how it would work in Vail. Markham says that is an approach the Town is looking at whether individually or with regional partners. It is still early in the process; they are collecting the research and feedback from the boards and public. A needs assessment will also be a next step. Smith says that assessment will be critically important. That is the best place to start. She recommends not overlooking the peer-to-peer sharing option. Markham talks about potential funding and grant opportunities. She outlines next steps. Hagedorn says electric vehicles in the mix is great, but don’t discount traditional vehicles as well. From the lens of the PEC, he has concerns about the stickiness of the program. With larger housing projects, reduced parking is predicated on programs like these, and he has concerns a program goes defunct when it was relied upon for parking and transportation management. Pratt says it seems like big investment. Are there other paths or options with less cost and barriers. 5.3 Vail Civic Area Implementation Matt Gennett, Community Development Director, takes questions. Rediker asks about the role of the PEC representative, are they conveying the thoughts of the entire PEC? PEC 8-14-23 - Info Update EV Car Share Presentation.pdf 6 Planning and Environmental Commission Meeting Minutes of August 14, 2023 121 Gennett talks about the composition of the task force. Mr. Lipnick would be a representative of the PEC on that task force. He will be the conduit between the PEC and the task force meetings. Rediker says the information update will be important. If the task force looks at Lipnick as the PEC voice, the whole PEC needs to be aware of what is going on. Gennett says that will be a part of the role. 6.Adjournment (Phillips absent) Bill Jensen made a motion to Adjourn ; Bobby Lipnick seconded the motion Passed (6 - 0). 7 Planning and Environmental Commission Meeting Minutes of August 14, 2023 122 AGENDA ITEM NO. 6.5 Item Cover Page DATE:September 5, 2023 TIME:10 min SUBMITTED BY:Steph Johnson, Town Manager ITEM TYPE:Ordinance AGENDA SECTION:Action Items SUBJECT:Ordinance No. 18, Series 2023, First Reading, An Ordinance Amending Chapters 11 and 12 of Title 7 of the Vail Town Code Regarding Pedestrian Mall Areas in the Town SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 18, Series 2023, upon first reading. PRESENTER(S):Chief Ryan Kenney, Vail Police Department VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: L&Dcouncilhvcc.docx Ped_Mall_Amendment-O082823__002_.docx 123 August 30th, 2023 To:Town Council Through:Russel Forrest Town Manager From:Ryan Kenney Chief of Police Subject:Load and Delivery Ordinance Change On September 1st, the Town of Vail will begin a pilot program involving high volume commercial carriers (HVCC’s), specifically UPS, FedEx, and DHL. The pilot will involve removing the HVCC’s from the Village Core and giving them the option of purchasing a dock permit or delivering from legal parking within the Town. Because of this pilot, we are requesting to amend the current load and delivery ordinance. Section 7-11-4J exempts HVCC’s from the current ordinance. We would like to remove that section so appropriate enforcement can occur if there is a violation. Under section 7-12-2, we will also remove the definition of HVCC’s. In addition to the HVCC change, we would also like to strengthen the verbiage addressing the Town of Vail loading and delivery maps. Sections 7-11-2 and 7-11-3B will add the verbiage, The Town Clerk may amend such maps upon a determination that such amendment is of a technical nature and consistent with the purposes of this Chapter. This will allow staff to adjust the map when needed. Originally, staff intended to make these changes at the end of the pilot. Because of recent operational challenges, we feel it is necessary to make these changes now. 124 8/30/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E0060470\@BCL@E0060470.DOCX ORDINANCE NO. 18 SERIES 2023 AN ORDINANCE AMENDING CHAPTERS 11 AND 12 OF TITLE 7 OF THE VAIL TOWN CODE REGARDING PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, on August 16, 2022, the Town Council adopted an ordinance revising Title 7 of the Vail Town Code related to pedestrian and vehicular circulation in pedestrian mall areas in the Town (the “Ordinance”); WHEREAS, the Ordinance created a coordinated delivery system to address safety, environmental, and pedestrian experience concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas; WHEREAS, the Ordinance exempted high-volume commercial couriers; WHEREAS, the Town Council now finds that such exemption is counter to the purpose of the Ordinance and desires to remove it; and WHEREAS, the Town Council wishes to allow related maps for the Ordinance to be amended administratively. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1.Sections 7-11-2, 7-11-3 and 7-11-4 of the Vail Town Code are hereby amended as follows: 7-11-2: PEDESTRIAN MALL AREAS: Pedestrian mall areas shall be those areas designated as a pedestrian mall on the Vail Village Pedestrian Mall Map and Lionshead Pedestrian Mall Map, both on file with the Town Clerk.The Town Clerk may amend such maps upon a determination that such amendment is of a technical nature and consistent with the purposes of this Chapter. 7-11-3: VEHICULAR TRAFFIC: A.Unless expressly permitted by this Chapter, all vehicular traffic is prohibited from accessing or using a pedestrian mall area. B.All vehicular traffic permitted by Section 7-11-4 shall comply with Chapter 12 of this Title and the requirements of the following Vail Village Loading and Delivery Map and Lionshead Loading and Delivery Map, both on file with the Town Clerk.The Town Clerk may amend such maps upon a determination that such amendment is of a technical nature and consistent with the purposes of this Chapter. 125 2 8/30/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E0060470\@BCL@E0060470.DOCX 7-11-4: EXCEPTIONS: In all pedestrian mall areas, the following vehicular traffic is permitted: A.Public transportation vehicles operated by the Town; B.Emergency vehicles; C.Vehicles authorized by the Town, as specified in a valid Town-issued permit; D.Town-approved contractors delivering commercial goods in accordance with Chapter 12 of this Title; E.Armored money vehicles; F.Waste and recycling collection vehicles; G.Vehicles entering or exiting a parking structure to access a business or residence when there is no other means of vehicular access; H.Property owners and their guests actively loading or unloading when there is no other means of vehicular access; and I.Guests checking in or out of any accommodation establishment located within a pedestrian mall area.; and J.High-volume commercial carriers as defined in Section 7-12-2 of this Title. Section 2.Sections 7-12-2 and 7-12-3 of the Vail Town Code are hereby amended as follows: 7-12-2: DEFINITIONS: The definitions in Section 4-1-2 of this Code shall apply to this Chapter. In addition, for purposes of this Chapter, the following terms shall have the following meanings: COMMERCIAL GOODS: Goods that are sold for the generation of income or any other commercial purpose, including food and beverage and retail and wholesale goods. HIGH-VOLUME COMMERCIAL CARRIER: A commercial carrier that, on more than five (5) days per week, delivers a high volume and variety of commercial goods, excluding food and beverage, to multiple recipients in the Town. LOADING DOCK: The area of a building designated for the loading and unloading of commercial goods to and from delivery vehicles, in compliance with this Code and all other applicable regulations. PEDESTRIAN MALL AREA: Any area designated as a pedestrian mall area by Chapter 11 of Title 7 this Code. 126 3 8/30/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E0060470\@BCL@E0060470.DOCX TOWN-APPROVED CONTRACTOR: A contractor selected by the Town to transport and deliver commercial goods in any pedestrian mall area. VILLAGE CORE: The area designated as the Village Core by light blue dashes on the following map: 7-12-3: RESTRICTED AREAS: No person shall transport or deliver commercial goods in a pedestrian mall area except: 1.A Town-approved contractor; or 2.A high-volume commercial carrier; or 3.Vehicles owned by businesses that own loading docks within a pedestrian mall area if the vehicles are clearly marked to show the ownership of the vehicle. *** Section 3.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 4.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 5.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 6.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. 127 4 8/30/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@E0060470\@BCL@E0060470.DOCX _____________________________ 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 128 AGENDA ITEM NO. 7.1 Item Cover Page DATE:September 5, 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: councimemobooting2.docx Booting-O072423_2_ (4).docx 129 August 29th, 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. 130 Town of Vail Page 2 During the second reading of this ordinance, Council requested a few changes. We have deleted all references to the application fee. We have added the PUC license needs to be displayed on the vehicle. Section 7-3B-8(K)(5) of the ordinance states that an allegation of any intentional damage to the boot is not covered by this ordinance and ‘shall not prevent the vehicle’s release’. As such, if a complaint came in of someone intentionally damaging a boot, we would treat it like any other criminal complaint, and officers will make an independent judgement as to whether a crime had been committed. We are asking Council to approve changes to the booting ordinance. 131 9/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC094AFD\@BCL@BC094AFD.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. 132 2 9/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC094AFD\@BCL@BC094AFD.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. There shall be no fee required for the application. 2.Upon receipt of a complete application, 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. (E)Suspension or Revocation: The Town Clerk may suspend or revoke a license if the vehicle booting company violates any provision of this Code 133 3 9/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC094AFD\@BCL@BC094AFD.DOCX 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 PUC 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. 6.A vehicle booting company shall accept payment by cash or by credit card for the boot removal fee. The vehicle booting company shall 134 4 9/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC094AFD\@BCL@BC094AFD.DOCX 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."; 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; 135 5 9/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC094AFD\@BCL@BC094AFD.DOCX 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: i.First violation in any twelve (12) month period: $500. 136 6 9/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC094AFD\@BCL@BC094AFD.DOCX 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2023 and a 137 7 9/1/2023 C:\USERS\EASYPD~1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@BC094AFD\@BCL@BC094AFD.DOCX public hearing for second reading of this Ordinance set for the 5 th day of September, 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 5th day of September, 2023. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Stephanie Bibbens, Town Clerk 138