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2014-12-16 Agenda and Support Documentation Town Council Evening Session
VAIL TOWN COUNCIL 0� EVENING SESSION AGENDA TVWN OF VA10 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., DECEMBER 16, 2014 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM/TOPIC: Citizen Participation (10 min.) 2. ITEM/TOPIC: Consent Agenda: 1) Council meeting minutes from November 4, 2014 2) Council meeting minutes from November 18, 2014 3) Authorization for an exchange of an employee housing unit located at 3877 Lupine Drive Unit W 4) Authorization for an exchange of an employee housing unit located at 1701 Buffehr Creek Road 5) Resolution No. 41, Series of 2014, A Resolution of the Vail Town Council Adopting and Entering into the Trust Agreement for the Colorado Firefighter Heart and Circulatory Benefits Trust and Taking Other Actions in Connection Therewith 6) Intergovernmental Agreement ("IGA") between Eagle County and the Town of Vail - Community Recycling Center Drop Off Site (5 min. ) 3. ITEM/TOPIC: Town Manager's Report 1) Request from The Falls at Vail Association (Pitkin Creek HOA) to rebuild stream bank which is failing near Fall Line Drive in East Vail (5 min. ) 4. ITEM/TOPIC: Appointments to the Vail Local Marketing District Advisory Council (5 min.) PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Appoint four members to serve on VLMDAC for two year terms. BACKGROUND: There are three at large positions available for two-year terms and the fourth position will include an appointment of a Vail Resorts, Inc. representative to serve on the advisory council on behalf of their corporate property owner interest. Interviews were conducted with six applicants at the earlier work session. STAFF RECOMMENDATION: Appoint four members to the VLMDAC for two year terms (Jan. 1, 2015 and expiring Dec. 31, 2016). 5• ITEM/TOPIC: 1-70 Vail Underpass Project Update (75 min.) PRESENTER(S): Tom Kas415,426bllk Works Engineer and FHU Representative ACTION REQUESTED OF COUNCIL: Review an abbreviated version of the project update presented at this afternoons work session with the focus on the Noise Wall and the 3D Model and receiving public comment BACKGROUND: The 1-70 Vail Underpass is a proposed new multi -modal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under 1-70. The purpose of this Council session is to provide the Council and the public with an update on the project budget and cost estimate, and to more specifically discuss the costs, process and schedule for consideration of noise walls. In addition, a 3D model of the project with and without noise walls will also be presented. Please see the Work Session agenda for corresponding Memo and Presentation materials STAFF RECOMMENDATION: Listen to the presentation and provide comments and solicit public comment 6. ITEM/TOPIC: Permission to Proceed Through the Development Review Process. Gorsuch Building, 263 E. Gore Creek Drive, Proposed retaining wall replacement and building addition. (10 min.) PRESENTER(S): Jonathan Spence, Community Development Planner ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the Town Council evaluate the proposal to utilize the Town of Vail property for the purposes of the replacement of an existing retaining wall and guardrail and to accommodate eaves for a proposed building addition. BACKGROUND: Because of the property line location in close proximity to the building, the applicant is requesting the use of Town of Vail property for the identified encroachments. Please refer to the aerial plan included as Attachment A and the project plan set, included as Attachment B for further detail on the proposed encroachments. STAFF RECOMMENDATION: Staff recommends the Town Council direct staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed replacement of an existing retaining wall and guardrail and to accommodate eaves for a proposed building addition. 7. ITEM/TOPIC: Follow up on the Vail Valley Medical Center Master Plan and the South Frontage Road Traffic Improvements Update of December 2, 2014 (30 min.) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Does the Vail Town Council support staffs recommendation to allow the Vail Valley Medical Center Master Plan and proposed West Wing Expansion conditional use permit application to be reviewed concurrently? BACKGROUND: On December 2, 2014, the Town staff and VVMC representatives provided an update to the Vail Town Council on the progress of the VVMC master plan a4cF_6(0JRD0 bntage Road traffic improvements. In the end, the Town Council asked that staff return to the next meeting and address three specific topics...... revised review schedule, west wing expansion traffic and parking impacts, and east wing expansion completion assurances. A memorandum from the Town staff responding to each of the topics has been attached. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council takes the following actions: 1. Allow the VVMC master plan to be reviewed concurrently along with the proposed west wing expansion development application. 2. Provides further direction to the applicant and the Town staff on the completion assurances proposed within the memorandum. 8. ITEM/TOPIC: Second reading of Ordinance No. 20, Series 2014, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Timber Ridge Enterprise Fund. (10 min.) PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 20, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 20, Series 2014 9. ITEM/TOPIC: Adjournment (estimated 8:30 pm) 12/16/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 16, 2014 ITEM/TOPIC: Citizen Participation 12/16/2014 TOWN OF VAIN ►owx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 16, 2014 ITEM/TOPIC: Consent Agenda: 1) Council meeting minutes from November 4, 2014 2) Council meeting minutes from November 18, 2014 3) Authorization for an exchange of an employee housing unit located at 3877 Lupine Drive Unit W 4) Authorization for an exchange of an employee housing unit located at 1701 Buffehr Creek Road 5) Resolution No. 41, Series of 2014, A Resolution of the Vail Town Council Adopting and Entering into the Trust Agreement for the Colorado Firefighter Heart and Circulatory Benefits Trust and Taking Other Actions in Connection Therewith 6) Intergovernmental Agreement ("IGA") between Eagle County and the Town of Vail - Community Recycling Center Drop Off Site ATTACHMENTS: Council Meeting Minutes November 4, 2014 Council Meeting Minutes November 18, 2014 EHU Exchange 3877 Lupine Drive Unit W EHU Exchange 1701 Buffehr Creek Road Resolution No. 41 Series of 2014 Town of Vail Recycle Center Drop Off Site Agreement 2015 Amendment 4 - TOV Recycle Site 12/16/2014 Vail Town Council Meeting Minutes Tuesday, November 4, 2014 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk Mayor Daly presented the proclamation for Colorado Gives Day on December 9 which was read into the record by Mayor Pro Tem Kurz. Paula Palmateer, with the Red Ribbon Project, spoke on behalf of the other non profit community organizations with 40 groups signed on to receive funding. She recognized the local businesses and government agencies for all the support of the work being done by the charities throughout Eagle County. Bugby moved to approve the proclamation; Rogers seconded and the motion passed unanimously (7-0). Mayor Daly thanked all those who were in attendance. The first item on the agenda was Citizen Participation with input from:: Kirk Hansen, resident of Pitkin Creek, identified a stream embankments issue North of 1-70 as a partially failed creek bank about 100 yards up -creek from Fall Line Drive in East Vail noting concern the creek bank will fail completely when water levels rise high enough. The Falls at Vail HOA is asking Town of Vail to follow the recommendations outlined in the River Restoration report to help rebuild, secure and protect the stream bank in that area. It was noted town staff would evaluate the area. The second item on the agenda was the Consent Agenda items as follows: 1. Approval of the October 7, 2014 Town Council Meeting Minutes Moffet moved to approve the minutes; Bugby seconded the motion and it passed unanimously (7-0). 2. Approval of October 21, 2014 Town Council Meeting Minutes Moffet moved to approve the minutes; Bugby seconded the motion and it passed unanimously (7-0). 3. Proclamation for Colorado Gives Day Moffet moved to approve the proclamation; Kurz seconded the motion and it passed unanimously (7-0). Town Council Meeting Minutes of November 4, 2014 12/16/2014 Page 1 Moffet moved to approve all other resolutions on the consent agenda; Bugby seconded the motion and it passed unanimously (7-0). 4. Resolution No. 30, Series of 2014, TOV Bank Account Signature Authorization First Bank 5. Resolution No. 31, Series of 2014, TOV Bank Account Signature Authorization Alpine Bank 6. Resolution No. 32, Series of 2014, TOV Bank Account Signature Authorization Colotrust 7. Resolution No. 33, Series of 2014, TOV Bank Account Signature Authorization Piper Jaffray 8. Resolution No. 34, Series of 2014, TOV Bank Account Signature Authorization Schwab The third item on the agenda was action as a result of the executive session. There were no actions taken as a result of the executive session. The fourth item on the agenda was the Town Manager's Report which included an update on the Council Action Plan and Capital Projects/Program Reports through September 30, 2014. This agenda item discussion was set for the next meeting. The fifth item on the agenda was the Betty Ford Alpine Gardens Education Center (BFAG) — Lease Area Amendment and Financial Surety as presented by George Ruther, Director of Community Development. He noted the need to obtain council's consideration and approval of the general lease terms, lease area amendment and proposed form of financial surety prior to the construction of the education center on town owned land. He reviewed the packet memo with a summary about how the proposed lease area terms address BFAG efforts to expand their improvements and operations within Ford Park to an area presently outside the leasehold area, thus, the need for an amended lease. Such terms noted in the lease included the term of 49 years ending on May 30, 2046, the improvements which reference the education center and its operations (Betty Ford Gardens Education Center Operational Plan, as amended, July 7, 2014), the uses, program of space, parking and access, to name a few. In addition there was a review of the Town Council's requirement the Betty Ford Alpine Gardens demonstrate the financial ability to complete the construction of the Education Center once started with a request for financial surety with the posting of a completion bond prior to the issuance of a building permit. Jack Hunn, representing BFAG, was present to express difficulties associated with posting a completion bond and instead proposed the Town Council accept an approved line of credit, to which the Town of Vail shall have access, in an amount sufficient to cover the cost of completing the project. He referenced the loan commitment letter included in the packet materials. There was some discussion about the costs related to using either a performance bond vs. a line of credit. Hunn requested consideration for requiring the line of credit rather than the bond in an effort to save some costs that could then be use for construction costs of the project. It was noted that in light of the long term relationship with BFAG and the fact that other projects were not required to provide the performance bond, the town should allow the line of credit. Mayor Daly preferred requiring the bond to cover the town's risk and as well because the financial condition of the BFAG has not been that strong in the past five years. Other discussion addressed the following topics, 1) total project costs ($4M), 2) actual and projected monies raised through pledges and donations, 3) status of grant applications, 4) costs of a bond, 5) loan language revisions related to funding the project, and 5) questions about collateral. It was suggested the amendment also address the BFAG fiscal responsibility to cover the costs associated with the maintenance of the new building; council expressed some concerns about these maintenance responsibilities and the need for an operational plan that would address some of the finer details about park operations, access, parking, deliveries, etc. Town Council Meeting Minutes of November 4, 2014 12/16/2014 Page 2 Bugby moved to approve the request by BFAG for their financial surety and construction building permit; Rogers seconded the motion. The Town Attorney noted a motion was not necessary for this item and then summarized the direction from council to staff as the following, all of which were supported by Town Council: ✓ Approve BFAG moving forward with obtaining the building permit ✓ Further council review of an amended lease and operational plan in the near future ✓ BFAG would proceed with providing a line of credit to the town with some involvement by the Town Manager, Town Attorney and with Alpine Bank to ensure the appropriate protections are in place for the town ✓ The $500K funding by the town would be the last monies to be drawn upon for construction costs The sixth item on the agenda was a presentation on the 1-70 Vail Underpass Update and Noise Assessment presented by Tom Kassmel, Public Works Engineer, Felsburg, Holt and Ullevig. The purpose was to provide an update of the design progress, provide the summary results of the 1) Traffic Noise Impact & Assessment, 2) outline the process for consideration of noise walls 3) design updates, and 4) identify the next steps in the process. The draft traffic noise impact & assessment report was completed by FHU in accordance with Federal and State laws and guidelines, and based on their findings; noise impacts were identified and the construction of noise walls to abate traffic noise has been found to be reasonable and feasible. There was some discussion about a survey that could be conducted in order to better understand what the neighborhood would prefer in terms of abatement solutions. But in order to proceed, results of a survey of the benefitting noise receptors would need to be supported by a majority of the benefitting noise receptors. In addition it was noted that the design team would continue to move forward with the design and the environmental analysis to more thoroughly vet the design solution. It was noted as the process continued, the design team will update and continue to receive input from the Town Council and the community on the project's progress and any notable changes, through public meetings process. Mayor Daly asked for public input at this time: 1. Rich Larsen, Simba Run resident, expressed some dissatisfaction with the surveying need, the format and the entire process and noted this as a regulatory overreach; he noted the solution is far worse than the problem. 2. Oscar Caylan, Simba Run resident, expressed that possible solution identified does not help the unit owners, too much studying is involved, and the need for education prior to sending the survey so participants understand what is at stake. 3. Carol Calcaterra, Simba Run resident, expressed thanks to those involved and spoke from a Vail resident perspective, not a unit owner perspective, sharing her love of Vail and its beauty. 4. Katie Staller, Savoy Villas, commended staff on their efforts with the project, expressed her keen interest in the visual and design elements of the project as well as the decibel impact of the wall; would like to see drawings of a proposed wall. 5. William Pierce, Simba Run resident, expressed concern there is really not enough information just yet, further study should be completed to identify all options 6. Charlie Calcaterra, Simba Run resident and board member, thanked staff for attending their homeowner's meeting along with the consultants and expressed his request that the project continue to get the study it deserves so that all options can be identified and reviewed by the neighborhood, staff, consultants and town council. Town Council Meeting Minutes of November 4, 2014 12/16/2014 Page 3 7. Jonas Staller, Savoy Villas units, expressed his request that the homeowners have a chance to review any designs before making final determinations on the project; and thought maybe addressing some of the impacts could be done with some landscaping efforts. 8. Kim Langmaid, West Vail resident, expressed a request that the town consider creating a wall that is wildlife friendly. 9. Jim Lamont, Vail Homeowners Association, expressed concerns about truck size access, and noted their board feels the project is beneficial to the community and noted the frontage road system should work at a standard road network capacity. He expressed that the idea of the sound walls is of interest to the community as a whole and such decision should be evaluated by the entire community. There was council feedback with some concerns and questions expressed: ✓ How does the survey and possibly construction of noise berms impact costs of the project and who is responsible for costs? ✓ Obtain input on survey format from homeowners. ✓ What does the process look like with the Transportation Commission in light of this abatement option? ✓ Ensure survey gets to the appropriate people/homeowners. ✓ Possibly install a temporary wall in the median in order to receive input on what impacts might result. ✓ Review design samples and possibly a 3-d mockup before the survey is distributed. It was noted that a public meeting to further vet this project and information would be held in December. The seventh item on the agenda was First reading of Ordinance No. 16, Series 2014, an Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2015 through December 31, 2015 as presented by Kathleen Halloran, Assistant Finance Director. Several items were reviewed such as: ■ Housing Buy Down Program ■ Affordable Care Act expenditure impacts related to part time employees who will need health coverage. ■ The plan for implementing a 1% pool for exceptional performers as discretionary vs. percentage based. ■ Revenue projections for projects that may come online as not included ■ Commission on Special Events funding request for $50K for fireworks which was supported by council ■ Review of employee expenditures related to benefits and overtime; further information was requested for second reading ■ Budget for capital outlays ■ Staffing level summary report and overtime expenditures ■ Burton $400k funding request Nick Sergeant, Burton, presented some event metrics for the USO Burton event at this time. There were some questions about the validity of the numbers, specifically the lodging and sales tax collections during that timeframe and especially when compared with historical trends. There were some concerns expressed about funding at the same level with several council members preferring to reduce that number over time. Some supported the level of funding based on the return from the national media exposure and attraction of the demographic the town is looking for. Burton agreed to work with the town to continue to fine tune how events can Town Council Meeting Minutes of November 4, 2014 12/16/2014 Page 4 be measured and results evaluated to determine the value of an event to the town and subsequent funding by the town and event promoters. There was additional review made of several funding requests by the following: BFAG's request for $500K from the town's CIP budget to help with the education center construction costs. It was noted they now are engaged in a capital campaign of fundraising for the new education center. There was support for this budget item and a request a payment plan is drafted that would be incremental as the project progresses and the capital funds are raised through their campaign. Public input on the request was given by Susie Tjossem and Diane Boyer as related to their campaign and the need for the town's support in the long term of the museum and its proposed capital expansion improvements. There was a request to further review their proposal at a future meeting in early 2015. Bravo's Jeane Reid was presented to thank the town for its 27 years of support and a brief run down of next year's programming. Walking Mountains Science Center's request was noted for their educational programming, Actively Green programming. Daly thanked Judy Camp, outgoing Finance Director, for her years of service and commitment to the Town of Vail with many compliments and praise for her performance which included great insight and diligence in ensuring the town was placed in an exceptionally strong financial position. Moffet moved to adopt Ordinance No. 16, Series 2014 on first reading; Kurz seconded the motion and it passed unanimously (7-0). At this time Daly also recognized Mark Miller, Fire Chief, for his years of service and commitment to the Town of Vail and ability to get results with the construction and remodel of two stations and his effort in building a strong department. Both employees resigned recently. He then introduced the new interim Fire Chief as Steve Pishke who would head up the department until a new Chief was hired. The eighth item on the agenda was first reading of Ordinance No. 17, Series of 2014, an Ordinance to Rezone a Portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel Subdivision From Ski Base Recreation District to Ski Base Recreation 2 District, Located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel Subdivision, and Setting Forth Details in Regard Thereto. (PEC140022) Jonathan Spence, Planner, explained that Vail Resorts, Inc., intends to transfer the subject property to the Ski and Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard Club parcel. The transfer would occur shortly before the commencement of the redevelopment. The purpose of the amendment is to establish a development site with uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse. It was noted that on October 27, 2014, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for the zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Moffet moved to approve Ordinance No. 17; Kurz seconded the motion and it passed unanimously (7-0). No public input was received. Town Council Meeting Minutes of November 4, 2014 12/16/2014 Page 5 The ninth item on the agenda was Ordinance No. 15, Series of 2014, Second Reading, Amending SDD8 as presented by Joe Batcheller, Community Development, an ordinance repealing and reenacting the approved development plan for Special Development District No. 8, Fallridge, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of three commercial condominiums to three residential condominiums, located at 1650 Fallridge Road (Fallridge) / Lot 2, Sunburst Filing 3, and setting forth details in regard thereto. (PEC140033) On October 7, 2014, the Vail Town Council approved the first reading of Ordinance No. 15, Series of 2014. Matthew Cain thanked council for their time earlier in the day during the site visit and further addressed the benefits of their application to the neighborhood and community. There was some further discussion about this project and whether or not there was town policy that addressed office space in certain zone districts. Both property owners Mery Lapin and Bill Pierce were present with comments about the project. Bugby moved to approve Ordinance No. 15, Series of 2014; Kurz seconded the motion. Moffet noted that he would not support this motion because the public benefit does not meet the burden of the change. There was further discussion about the costs to convert the units, the basis of the criteria used in evaluating the application, and public benefit. The motion was amended to include the finding reported in the staff memo and passed with a four to three vote (4-3; Daly, Moffet, Bruno opposed). The tenth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded. The motion passed unanimously, (7-0) and the meeting adjourned 10:55 p.m. Respectfully Submitted, Attest: Andy Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of November 4, 2014 12/16/2014 Page 6 Vail Town Council Meeting Minutes Tuesday, November 18, 2014 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dave Chapin Greg Moffet Margaret Rogers Members absent: Dale Bugby Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with input from: 1. Jonathan Levine, Hummers of Vail, requested consideration on the information he included in a Vail Daily advertisement about transit and limousine services and permitting. The second item on the agenda was the Consent Agenda items as follows: 1. Proclamation No. 7, Series of 2014, Declaring the 3rd week of November 2014 as "Volunteers in Police Service Week" Mayor Daly read into the record the Proclamation with recognition given to Police Department volunteers. Moffet moved to adopt Proclamation No. 7; Kurz seconded the motion and it passed unanimously (6-0). The third item on the agenda was action as a result of the executive session. There were no actions taken as a result of the executive session. The fourth item on the agenda was the Town Manager's Report which included information about the following: 1. Council Action Plan Update and Capital Projects/Program Reports through September 30, 2014 There were several comments to the update which recognized all the accomplishments that have occurred this past year, both with capital projects as well as strategic planning topics. There were a couple of requests for more immediate discussion about 1) the housing topics in January, and 2) the "competitiveness strategy" plan yet this year. There was also a request from Mayor Daly about the need to continue a focus on guest services and finish the wayfinding implementation before 2015. Overall the Council expressed they were pleased with the Action Plan updates and town -wide accomplishments. Town Council Meeting Minutes of November 18, 2014 12/16/2014 Page 1 The fifth item on the agenda was an update about a proposed design for a permanent skate park in the atrium space of the Lionshead Structure. Todd Oppenheimer, Public Works; Cameron Chaney, Vail Ski and Snowboard Academy Student; and CJ Poulin, Vail Recreation District Skateboard Instructor, all presented updates on this topic. It was noted the existing temporary skate park structures have reached the end of their life cycle and the replacement of the temporary structures is currently funded in the 2015 RETT Capital Budget for $260K. The annual cost to set up and take down the temporary ramps is approximately $30K. The presentation included design work from American Ramp Company (ARC), one of the nation's leading skate park design and construction companies. Both Cameron and CJ collaborated on the design work which showed the Atrium, the unused space between the north and south ends of the Lionshead parking structure, with dimensions as 25' wide by 230' long creating a 5700 square foot skate park. The design entity within ARC is Hard Core Studio (HC Studio) and council was shown a series of 2D and 3D images of their preliminary design as well as several photos of the Atrium. Council was reminded this is not a finalized design but rather a script of what can be done in that space. Comments and questions were given by council as follows: ■ May need to use netting to protect errant boards from flying into parked cards ■ What happens to the space if there is a need to use it for larger competitions that would require higher level of skating features; likely required to use existing features ■ What time restrictions would be needed at the park ■ Fabulous idea in light of looking for a permanent site since 1999 ■ Incorporate public art in this area as well; the budget includes funding for art ■ Very eloquent solution to this problem especially in light of the fact that there are no neighborhood impacts ■ Is this ample space for skate board park hangout needs ■ Is there enough access for those wanting to watch and those wanting to skate ■ Does this really answer the long term need for this sport or is it a compromise situation for something that meets the growing needs of the sport There was Council consensus to taking the next steps regarding the preliminary engineering work and design refinements in order to further refine project issues and costs. Zemler noted the supplemental budget would include some costs to cover this next step. The sixth item on the agenda was first reading of Ordinance No. 19, Series 2014, an Ordinance providing for the levy assessment and collection of town property taxes due for the 2014 tax year and payable in the 2015 fiscal year. Kathleen Halloran, Finance Director, presented the ordinance which authorizes the collection of property taxes in 2014 based upon 2013 assessed valuations of property within the town's boundaries. It was noted that Eagle County is responsible for assessing values and for collecting property taxes on our behalf and the town is required by Colorado state law to certify the mil levy by December 15 of each year. She noted the numbers are based on preliminary assessed valuations from the county (as of August, 2014) with the town's base mil levy at 4.69 mils and the abatement levy at .045 mils. Abatement results when a taxpayer protests an assessed valuation after the normal protest period and is refunded a portion of the tax already due or paid. The abatement mil levy allows the town to recoup the refunded amount. This abatement levy of .045 mils equates to an additional $3.13 per year for a $1 million home. The property tax authorized by the attached ordinance will generate $4.1 million in revenue in 2014, representing approximately 7% of the town's total revenue. Moffet moved to approve Ordinance No. 19, Series of 2014; Rogers seconded the motion. Daly expressed his request to waive the abatement levy to show support for the Vail taxpayers; Rogers did not support his request nor saw this as a notable effort in support of taxpayers. The motion passed with a majority vote (5-1) with Daly's opposition to the Town Council Meeting Minutes of November 18, 2014 12/16/2014 Page 2 ordinance because of the inclusion of the abatement language. There was no further public input on the agenda item. The seventh item on the agenda was second reading of Ordinance No. 17, Series of 2014, an Ordinance to Rezone a Portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel Subdivision From Ski Base Recreation District to Ski Base Recreation 2 District, Located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel Subdivision, and Setting Forth Details in Regard Thereto. (PEC140022) Jonathan Spence, Planner, presented a Vail Resorts, Inc. application to transfer the subject property to the Ski and Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard Club parcel. It is anticipated that the transfer will occur shortly before the commencement of the redevelopment. The purpose of the amendment is to establish a development site with uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse. It was noted that on October 27, 2014, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7. Moffet moved to approve Ordinance No. 17 and adopted the findings as follows: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, moral, and general welfare of the town and promote 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 Rogers seconded the motion and it passed unanimously (6-0). There was no additional public input on this matter. The eighth item on the agenda was second reading of Ordinance No. 18, Series 2014, an Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2015 through December 31, 2015. Finance Director Kathleen Halloran reviewed the packet memo that included information updates about revisions or items related to questions at first reading as follows: ■ Plan for 1 % Pool allocations for Exceptional Performers ■ Benefits vs Salary Comparison ■ Staffing Increase for Administrative positions ■ Summary of expenditure variances for Administrative Department ■ Revisions requested related to funding for fireworks & Burton event Council input on these matters included the following: ✓ There may not be a need to spend the budgeted bonus pay out in its entirety ✓ Maybe the bonus payout should not be tied to the budget performance ✓ Include a future review of benefit coverages to comparable communities along with requests for proposals for medical coverage from vendors ✓ Included in the budget supports for buy down for affordable housing Moffet moved to approve on second reading Ordinance No. 18; Rodgers seconded the motion and it passed unanimously (6-0). There were no public comments on this ordinance. Town Council Meeting Minutes of November 18, 2014 12/16/2014 Page 3 The ninth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which passed unanimously, (6-0) and the meeting adjourned 7:00 p.m. Respectfully Submitted, Attest: Andy Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of November 18, 2014 12/16/2014 Page 4 TOWN OF Memorandum To: Vail Town Council From: Community Development Department Date: December 16, 2014 Subject: 12-13-5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute a release of a deed restriction from an existing employee housing unit located at Lot 6, Block 1, Bighorn Subdivision 1St Addition/ 3877 Lupine Drive Unit W I. HOUSING AUTHORITY RECOMMENDATION The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the proposed exchange of an employee housing unit located at Lot 6, Block 1, Bighorn Subdivision 1 st Addition/3877 Lupine Drive Unit W, in exchange for the placement of a deed restriction on another dwelling unit located at Lot 5, Block A, Vail Das Schone Filing 1/Tenterrace Condominiums Unit No. 1. The Vail Local Housing Authority recommends the following motion be made: "The Vail Town Council authorizes the Town Manager to execute a deed restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Lot 6, Block 1, Bighorn Subdivision 1St Addition/3877 Lupine Drive Unit W, in exchange for the placement of a deed restriction on another dwelling unit located at Lot 5, Block A, Vail Das Schone Filing 1/Tenterrace Condominiums Unit No. 1, and setting forth details in regard thereto." III. ATTACHMENT A. Staff Memorandum dated November 25, 2014. 12/16/2014 TOWN OF Memorandum To: Vail Local Housing Authority From: Community Development Department Date: November 25, 2014 Subject: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot 6, Block 1, Bighorn Subdivision 1st Addition/3877 Lupine Drive Unit W in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Lot 5, Block A, Vail Das Schone Filing 1/Tenterrace Condominiums Unit No. 1 pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: Rodney and Stephanie Linafelter, represented by Rollie Kjesbo Housing Coordinator: Nina Timm I. DESCRIPTION OF REQUEST The owner of Lot 6, Block 1, Bighorn Subdivision 1st Addition/3877 Lupine Drive Unit W that has a 660 square foot Employee Housing Unit has demonstrated the property complies with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of Title 12, Zoning Regulations, Vail Town Code, upon exchange of the deed restrictions. The owner is requesting the exchange of the employee housing unit deed restriction and will provide a new deed restricted employee housing unit at least two times the square feet of the existing deed restricted employee housing unit. The Proposed EHU has been identified and approved by staff. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 12/16/2014 1. The proximity and accessibility of the Proposed EHU(s) to the Commercial Job Core and public transportation; and This Proposed EHU is located at 2269 Chamonix Lane, which is in West Vail and has good proximity to the West Vail service area, Town of Vail bus stops and the Commercial Job Core. Therefore, Staff believes the Proposed EHU conforms to this criterion. 2. The size of the Proposed EHU(s) in relation to the minimum employee housing unit sizes established in Section 12-13-5 of this title; and The Proposed EHU is a three-bedroom, two -bathroom unit in 1,484 square feet, 259 square feet greater than the minimum required square feet of 1,225 for a three-bedroom unit. Therefore, Staff believes this Proposed EHU complies with the applicable requirements. 3. The effect of any homeowners' association dues or maintenance fees imposed upon the Proposed EHU on the affordability of the proposed unit for an employee; and The monthly homeowners' association fees are $330. The fees are commensurate with the size of the unit and the utilities included in the fees. Additionally, a new high efficiency boiler is being installed in the unit prior to the deed restriction being recorded. Therefore, Staff believes the Proposed EHU conforms to this criterion. 4. The correlation between any homeowners' association fees imposed upon the Proposed EHU and the services and amenities provided by the homeowners' association; and The fees are commensurate with the services and amenities provided by the homeowners' association. Therefore, Staff believes the Proposed EHU conforms to this criterion. 5. The extent to which the exchange 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 The Proposed EHU has proximity to the West Vail service area, public transportation and the Commercial Job Core. Therefore, the exchange 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. Town of Vail 12/16/2014 Page 2 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The Proposed EHU is currently an employee occupied unit. The exchange will maintain the existing harmonious, convenient, workable relationship among land uses consistent with municipal objectives. 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Staff believes the proposed exchange complies with the applicable requirements of the Town's zoning regulations, and is therefore consistent with this criterion. III. STAFF RECOMMENDATION The Community Development Department recommends the Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the proposed EHU deed restriction exchange based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority pass the following motion: "The Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the release of a deed restriction from an existing emplYee housing unit located at Lot 6, Block 1, Bighorn Subdivision V Addition/3877 Lupine Drive Unit W, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Tenterrace Condominiums Unit No. 11 Lot 5, Block A, Vail Das Schone Filing 1, pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. " Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority make the following findings: "Based upon the review of the criteria outlined in Section 11 of the November 25, 2014 staff memorandum and the evidence and testimony presented, the Vail Local Housing Authority finds: 1. The application meets the general requirements of subsection D of Section 12- 13-5, Vail Town Code; 12/16/2014 Town of Vail Page 3 2. The application 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,- 3. own, 3. The application furthers the general and specific purposes of the zoning regulations, Section 12-1-2, Vail Town Code, and the employee housing regulations of Section 12-13-1, Vail Town Code; and, 4. The application 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. " IV. ATTACHMENT A. Applicant's Request Town of Vail 12/16/2014 Page 4 TOWN OF Memorandum To: Vail Town Council From: Community Development Department Date: December 16, 2014 Subject: 12-13-5: Employee Housing Unit Exchange Program —A request authorizing the Town Manager to execute a release of a deed restriction from an existing employee housing unit located at Lot 5, Eleni Zneimer Subdivision/1701 Buffehr Creek Road HOUSING AUTHORITY RECOMMENDATION The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the proposed exchange of an employee housing unit located at Lot 5, Eleni Zneimer Subdivision/1701 Buffehr Creek Road, in exchange for a fee in lieu payment for 1,540 square feet. The Vail Local Housing Authority recommends the following motion be made: "The Vail Town Council authorizes the Town Manager to execute a deed restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Lot 5, Eleni Zneimer Subdivision/1701 Buffehr Creek Road, in exchange for a fee in lieu payment for 1, 540 square feet, and setting forth details in regard thereto. " III. ATTACHMENT A. Staff Memorandum dated November 25, 2014. 12/16/2014 TOWN OF Memorandum TO: Vail Local Housing Authority FROM: Community Development Department DATE: November 25, 2014 SUBJECT: A request for a recommendation to the Vail Town Council for the release of a deed restriction from an existing employee housing unit located at Lot 5, Eleni Zneimer Subdivision also known as 1701 Buffehr Creek Road in exchange for a fee in lieu payment for 1,540 square feet pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: Bryan and Cynthia Mix, represented by Jim Wear Housing Coordinator: Nina Timm DESCRIPTION OF REQUEST The applicant, Bryan and Cynthia Mix, are proposing to exchange a deed restriction from an existing 770 square foot employee housing unit located at 1701 Buffehr Creek Road for a fee in lieu payment for 1,540 square feet. The Employee Housing Unit Deed Restriction Exchange Program requires 1701 Buffehr Creek Road to use a square foot multiplier of two pursuant to 12-13-5D, General Requirements, Vail Town Code. II. REVIEW CRITERIA Before acting on an employee housing deed restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The proximity and accessibility of the proposed EHU(s) to the commercial job core and public transportation; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 2. The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes established for commercial linkage mitigation in Section 12-23-3 of this title; and Town of Vail 12/16/2014 The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 3. The effect of any homeowners' association dues or maintenance fees imposed upon the proposed EHU(s) on the affordability of the proposed unit for an employee; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 4. The correlation between any homeowners' association fees imposed upon the proposed EHU(s) and the services and amenities provided by the homeowners' association; and The applicant is proposing a fee in lieu payment. Therefore, Staff believes this review criteria is not applicable to this application. 5. The extent to which the exchange 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 The proposed exchange will double the square feet of deed restricted employee housing in Vail. Therefore, the exchange 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. 6. The extent to which the exchange presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and The proposed exchange will not change the existing harmonious, convenient, workable relationship among land uses consistent with municipal objectives. 7. The extent to which the exchange provides for the growth of an orderly viable community and serves the best interests of the community as a whole. Staff believes the proposed exchange complies with the applicable requirements of the Town's zoning regulations and is therefore consistent with this criterion. IV. RECOMMENDATION The Community Development Department recommends the Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the proposed employee housing unit deed restriction exchange pending resolution of the site coverage overage, based upon a review of the criteria and findings as outlined in this memorandum and the evidence and testimony presented. Town of Vail 12/16/2014 Page 2 Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority pass the following motion: "The Vail Local Housing Authority forwards a recommendation of approval to the Vail Town Council for the release of a deed restriction from an existing 770 square foot employee housing unit located at Lot 5, Eleni Zneimer Subdivision also known as 1701 Buffehr Creek Road in exchange for a fee in lieu payment for 1,540 square feet, pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code and setting forth details in regard thereto." Should the Vail Local Housing Authority choose to forward a recommendation of approval for this employee housing unit deed restriction exchange, the Community Development Department recommends the Authority make the following findings: "Based upon the review of the criteria outlined in Section 11 of the November 25, 2014 staff memorandum and the evidence and testimony presented the Vail Local Housing Authority finds: 1. The application meets the general requirements of subsection D of Section 12- 13-5, Vail Town Code; 2. The application 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; 3. The application furthers the general and specific purposes of the zoning regulations, Section 12-1-2, Vail Town Code and the employee housing regulations of Section 12-13-1, Vail Town Code; and, 4. The application 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. " V. ATTACHMENT A. Applicant's Request Town of Vail 12/16/2014 Page 3 TOWN OF Mernotandum To: Vail Town Council From: Human Resources and Risk Management Department Date: December 16, 2014 Subject: Senate Bill 14-172: Firefighter Heart and Circulatory Malfunction Benefits This memorandum summarizes the obligations of the Town to comply with Senate Bill 14-172, entitled "Firefighter Heart and Circulatory Malfunction Benefits," which becomes effective January 1, 2015 (SB 172). As discussed below, the Town will be required to provide the benefits described herein to the extent that the Town's firefighter employees are eligible, and to the extent that the state provides funding for the program. Required Benefits Effective January 1, 2015, municipalities that employ one or more full-time firefighter must maintain insurance coverage for firefighters that suffer from a heart and circulatory malfunction stemming from a work event. A work event includes stressful or strenuous activity related to fire response, training or other emergency response activity. Firefighters are defined as all full-time active employees who regularly work at least 1,600 hours in any calendar year and whose duties are directly involved with the provision of fire protection services. This definition would include all Town of Vail full- time fire staff plus the Student Fire Residents. The insurance coverage must, at a minimum, cover lump sum payments, rehabilitative employment services, cosmetic disfigurement payment, and accelerated payments for a terminal diagnosis. These benefits have a maximum recovery of $250,000 if the firefighter is able to return to work. SB 172 includes several other requirements for eligibility including medical exams upon employment, five years of continuous employment, and the malfunction must be within 48 hours of a work event in order for benefits to be payable. These benefit payments may also be offset from other income or benefits (workers' compensation, social security, etc.). State Funding Importantly, the mandates of SB 172 are only required of the Town if there are adequate funds in the newly created Firefighter Benefits Cash Fund to reimburse the employers for the expense of providing such benefit. The Fund consists of appropriated monies from the general fund and is managed by the Department of Local Affairs (DOLA). At the fiscal year beginning July 1, 2014, the Fund was appropriated with $850,350 so that DOLA may begin reimbursing employers for benefits under the SB 172. With funding 12/16/2014 available from the state, it appears that the Town will have a duty to comply with the measure effective January 1, 2015. The insurance coverage required by SB 172 may be provided through accident insurance, self-insurance, or via a self-insurance pool or multiple -employer health trust. Presently, the Colorado Municipal League and a number of its member municipalities are negotiating a multiple -employer trust agreement (Colorado Firefighter Heart and Circulatory Benefits Trust). It is estimated that the cost of participating in the Trust will be $175 per firefighter. The Town should consider whether it desires to participate in the Trust, or if it prefers to insure in some other manner. If the Town decides to participate in the Trust, the Town Council will need to adopt a resolution acknowledging the Town's participation in the Trust, and also execute an intergovernmental agreement with the other Trust members. Staff Recommendation At this point, it is recommended that the Town Council adopt the resolution for the Trust Agreement. If additional insurance options become available in the next couple weeks as an alternative to the Trust or self-insurance pool, those options will be evaluated accordingly. A request for reimbursement for this benefit will be filed with DOLA, to cover 100% of the costs. Town of Vail 12/16/2014 Page 2 Colorado Firefighter Heart and Circulatory Benefits Trust Frequently Asked Questions (FAQ) Answer Sheet HEART AND CIRCULATORY MALFUNCTION BENEFIT PROGRAM FAQ from the Department of Local Affairs (DOLA) Frequently Asked Questions: Q: Where in the statute is the Firefighter Heart and Circulatory Malfunction Benefits Fund (FFB) program created? A: Statutory authority for the FFB Program is located in Section 29-5-301, et seq., of the Colorado Revised Statutes. Q: Where is the FFB Reimbursement Form available? A: The Reimbursement Form and instructions will be posted on DOLA's website. Q: Who is a qualified "employer" for purposes of the FFB Program? A: The following entities are eligible to receive reimbursement as "employers" under the FFB Program: (1) a municipality that employs one or more firefighters; (2) a special district that employs one or more firefighters; (3) a fire authority that employs one or more firefighters; or (4) a county improvement district that employs one or more firefighters. Q: Who is a qualified "firefighter" for purposes of the FFB Program? A: To be qualified as a "firefighter," an individual must: (1) be an active employee of the employer; (2) be a full-time employee of the employer who regularly works at least one thousand six hundred (1600) hours in any calendar year; (3) perform duties that are directly involved with the provision of fire protection services; and (4) have at least five years of continuous full-time employment with an employer. Q: What is DOLA's role in the FFB Program? A: For as long as there are sufficient moneys in the FFB Fund, DOLA will reimburse employers for the direct costs of obtaining insurance coverage plans that provide the benefits required by CRS 29-5-302 to qualified firefighters. Note: The CFHTrust will not charge more than in available from DOLA for Reimbursement. See section 7.5 of the Trust Agreement. Q: Where do I send my completed FFB Reimbursement Form? A: Send completed Reimbursement Forms and all supporting documentation to the Dept. of Local Affairs, Firefighters Heart & Circulatory Benefits Fund, 1313 Sherman St., Room 521, Denver, CO 80203. Q: Will actual injury claims be submitted to DOLA? A: No; only the direct costs incurred by qualified employers for obtaining an insurance coverage plan that provides the required benefits to qualified firefighters are eligible for reimbursement by DOLA. Q: Will DOLA reimburse employers who purchase the benefit for volunteers? A: No; DOLA will only reimburse qualified employers required to obtain an insurance coverage plan to provide heart and circulatory malfunction benefits to qualified firefighters. Frequently Asked Questions from the Trust Steerinz Committee What conditions qualify for benefits? Heart and Circulatory Malfunction refers only to a sudden and serious malfunction of the heart and circulatory system as occurs in a diagnosis of coronary thrombosis, cerebral vascular accident, myocardial infarction, and cardiac arrest. Heart and Circulatory Malfunction does not refer to conditions such as hypertension and angina. 12/16/2014 1 of 2 Colorado Firefighter Heart and Circulatory Benefits Trust What are the coverage restrictions? Must have 5 -years of continuous service as a firefighter Medical exam prior to a heart condition that would have reasonably found the condition Discovery of a covered condition within 48 -hours of a work event What are the coverage offsets? Coverage is offset by any other employer paid disability plan such as workers' compensation, FPPA, Social Security Disability, or retirement plan If a firefighter is a smoker, benefit levels are reduced by 25% What is the employer responsible for? The statute requires $250,000 Claim Limit inclusive of all payments. Payments will apply as follows: $4,000 award where medical analysis reveals a Heart or Circulatory Malfunction exists and, where applicable, any one of the next three conditions are also present: $1,500 per week up to seven weeks for Emergency Room visit with admittance for less than 48 - hours for a Heart or Circulatory Malfunction; or $2,000 per week for up to 25 weeks for Emergency Room visit with admittance for more than 48 -hours for a covered Heart or Circulatory Malfunction; or $2,500 payment up to a maximum of 80 weeks for a covered Heart or Circulatory Malfunction that prohibits a firefighter from returning to employment to a position that the firefighter is trained for, or could reasonably be trained to perform $25,000 Rehabilitative Employment services relating to Heart or Circulatory Malfunction $10,000 Cosmetic Disfigurement resulting from Heart or Circulatory Malfunction $25,000 Accelerated Benefit is an advanced payment if the firefighter is terminal; it is not additional funds Any disputes that cause a legal action How can coverage be purchased? A Trust is being formed through Intergovernmental Agreement (IGA) by Colorado public entities to cover the required benefits of S1314-172. The projected cost is $175 per firefighter. Each entity's Board of Directors must adopt a Resolution to join the Trust, sign the IGA, and remit funds prior to coverage inception. A Contribution Proposal and IGA with a member Resolution will be sent to all known eligible employers of firefighters who qualify for this coverage. If information is not received by December 1, 2014, please contact lshi&mcgriff.com for the IGA, Resolution, and a Proposal. How does the Reimbursement work? DOLA administers this reimbursement program. Instructions will soon be available on their website. Funds are already approved and available from DOLA and must be applied for by June 30, annually. No funds can be reimbursed until January 1, but applications for reimbursement can be made prior to January 1. Fill out the 2 -page DOLA Reimbursement Application and certify: 1) number of qualifying firefighters; 2) attach copy of payment receipt; and 3) attach Coverage Documentation. Payments are processed on a first-come first-served basis if all information is provided. The actual process is 10 — 14 days but with 300 applications in January the wait time may be longer. If your application is not complete then DOLA will have to follow up for the missing information. The Trust anticipates issuing Coverage Proposals by late November 2014. DISCLAIMER: This information is not dispersed as legal a4VA14 @("#od faith effort to explain our understanding of the intent of this Program. 2 of 2 RESOLUTION NO. 41 SERIES OF 2014 A RESOLUTION OF THE VAIL TOWN COUNCIL ADOPTING AND ENTERING INTO THE TRUST AGREEMENT FOR THE COLORADO FIREFIGHTER HEART AND CIRCULATORY BENEFITS TRUST AND TAKING OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, under state law, specifically, Part 3 of Article 5 of Title 29, Colorado Revised Statutes (C.R.S.), an employer as defined therein is required to maintain certain firefighter heart and circulatory malfunction benefits in accordance with and subject to the requirements and limitations of said Part 3; and WHEREAS, in order to provide such benefits, an employer, which includes the Town of Vail, Colorado (the "Town") is authorized to participate in a multiple employer health trust; and WHEREAS, the Town Council has authority under Article XIV, Section 18(2)(a) of the Colorado Constitution, and Sections 10-3-903.5, 29-1-201, et seq., and 29-5-302, C.R.S., as amended, to participate with other employers in a multiple employer health trust for the provision of such benefits and for related claims handling, risk management, and other functions and services related to such benefits; and WHEREAS, the Town Council has reviewed the Trust Agreement for the Colorado Firefighter Heart and Circulatory Benefits Trust, a copy of which is attached hereto as Exhibit A, by and through which the Members (as defined therein) desire to establish a trust (the "Trust") and provide a benefit plan that provides firefighter heart and circulatory malfunction benefits consistent with the provisions of Part 3 of Article 5 of Title 29, C.R.S., as specified in the Colorado Firefighter Heart and Circulatory Malfunction Benefits Plan (the "Plan"); and WHEREAS, the Members intend that the Trust, together with the Plan, shall constitute an irrevocable trust exempt from taxation under Internal Revenue Code Section 115; and WHEREAS, the Town Council finds that membership and participation in the Trust and Plan would be in the best interests of the Town, its employees and its taxpayers; and WHEREAS, the Town Council by this enactment desires to adopt and enter into the Trust Agreement for the Colorado Firefighter Heart and Circulatory Benefits Trust, and to take other actions in connection therewith. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Resolution No. 41, Series of 2014 12)16/2014 Section 1. Upon careful review and consideration, the Town Council hereby: A. Approves the contract entitled Trust Agreement for the Colorado Firefighter Heart and Circulatory Benefits Trust, a copy of which is attached hereto as Exhibit A and incorporated into this Resolution by this reference (the "Trust Agreement"). B. Authorizes and directs the Mayor to execute the Trust Agreement on behalf of the Town of Vail, Colorado. C. Directs that staff transmit to the Colorado Firefighter Heart and Circulatory Benefits Trust (the "Trust"), McGriff, Seibels & Williams Inc., PO Box 1539, Portland, OR 97207-1539, an executed and attested copies of this Resolution and such Trust Agreement. D. Designates the Town of Vail Human Resource Director as its initial Member Representative to the Trust and designates the Town of Vail Fire Chief as its initial Alternate Representative to the Trust, such persons having the addresses stated below. 1. Representative Mailing Address: Krista Miller, Human Resource Director 75 S. Frontage Road Vail, Colorado 81657 Email: kmiller(a)vailgov.com 2. Alternate Representative Mailing Address: The Town of Vail Fire Chief 75 S. Frontage Road Vail, Colorado 81657 Email: spischke(a)-vailgov.com E. Understands that, with the adoption of this resolution and subject to the terms of the Trust Agreement, the Town becomes a Member of the Trust, with its participation to commence effective as of the date determined in accordance with the Trust Agreement. INTRODUCED, PASSED AND ADOPTED this 16th day of December, 2014. Andrew P. Daly, Mayor /_1110NM Patty McKenny, Town Clerk Resolution No. 41, Series of 2014 12/16/2014 TRUST AGREEMENT FOR COLORADO FIREFIGHTER HEART AND CIRCULATORY BENEFITS TRUST 12/16/2014 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS...........................................................................................................................................2 1.1 ADMINISTRATOR....................................................................................................................................................2 1.2 AUTHORIZED INVESTMENT.................................................................................................................................... 2 1.3 BENEFICIARY......................................................................................................................................................... 2 1.4 CODE..................................................................................................................................................................... 2 1.5 CUSTODIAN............................................................................................................................................................2 1.6 FISCAL YEAR......................................................................................................................................................... 2 1.7 INVESTMENT COMMITTEE...................................................................................................................................... 2 1.8 INVESTMENT FUND................................................................................................................................................ 2 1.9 INVESTMENT MANAGER......................................................................................................................................... 2 1.10 MEMBERS OR MEMBER.......................................................................................................................................... 2 1.11 MEMBER REPRESENTATIVE................................................................................................................................... 3 1.12 PARTICIPANT..........................................................................................................................................................3 1.13 PLAN...................................................................................................................................................................... 3 1.14 TRUST.................................................................................................................................................................... 3 1.15 TRUST COMMITTEE................................................................................................................................................ 3 1.16 TRUST FUND.......................................................................................................................................................... 3 1.17 TRUSTEE................................................................................................................................................................ 3 ARTICLE II ESTABLISHMENT OF THE TRUST..................................................................................................... 3 2.1 TRUST ESTABLISHED............................................................................................................................................. 3 2.2 LIMIT OF INTEREST - IMPOSSIBILITY OF DIVERSION.............................................................................................. 3 2.3 TRUST COMMITTEE'S ACCEPTANCE....................................................................................................................... 3 ARTICLE III TRUSTEES AND SUCCESSOR TRUSTEES........................................................................................ 3 3.1 TRUSTEES..............................................................................................................................................................3 3.2 SUCCESSOR TRUSTEES........................................................................................................................................... 4 3.3 COMPENSATION.....................................................................................................................................................5 3.4 CHAIR AND OFFICERS; SUB-COMMITTEES............................................................................................................. 5 3.5 MEETINGS..............................................................................................................................................................5 3.6 PROXY...................................................................................................................................................................5 3.7 NO DELEGATES...................................................................................................................................................... 5 3.8 QUORUM AND VOTING........................................................................................................................................... 5 3.9 ACTION WITHOUT A MEETING................................................................................................................................ 6 3.10 CONFLICTS OF INTEREST........................................................................................................................................ 6 3.11 OFFICE LOCATION AND MEETING PLACE............................................................................................................... 6 3.12 AGENT FOR SERVICE OF LEGAL PROCESS.............................................................................................................. 6 3.13 RULES AND REGULATIONS..................................................................................................................................... 7 ARTICLE IV DUTIES OF TRUST COMMITTEE....................................................................................................... 7 4.1 DUTIES...................................................................................................................................................................7 (a) Receipt of Contributions........................................................................................................................................ 7 (b) Management of Funds........................................................................................................................................... 7 (c) Payments...............................................................................................................................................................7 (d) Appointment ofAdministrator............................................................................................................................... 7 (e) Appointments oflnvestment Committee................................................................................................................ 7 ARTICLE V INVESTMENT OF TRUST ASSETS...................................................................................................... 8 5.1 GENERAL INVESTMENT POWERANVESTMENT FUNDS............................................................................................ 8 (a) Authority oflnvestment Committee....................................................................................................................... 8 12/16/2014 (b) Investment Funds................................................................................................................................................... 8 (c) Funding Policy...................................................................................................................................................... 8 5.2 INVESTMENT MANAGERS....................................................................................................................................... 8 (a) Appointment..........................................................................................................................................................8 15 (b) Contractual Arrangement...................................................................................................................................... 9 (c) Trust Committee's Duties...................................................................................................................................... 9 (d) Failure to Direct.................................................................................................................................................... 9 (e) Termination of Appointment.................................................................................................................................. 9 5.3 MANNER AND EFFECT OF DIRECTIONS................................................................................................................... 9 (a) Delegation of'Authority to Custodian.................................................................................................................... 9 5.4 AUTHORIZATION OF DESIGNEE(S) ........................................................................................................................ 10 ARTICLE VI POWERS OF TRUST COMMITTEE................................................................................................... 10 6.1 GENERAL AUTHORITY......................................................................................................................................... 10 6.2 SPECIFIC POWERS................................................................................................................................................ 10 (a) Purchase of'Property.......................................................................................................................................... 10 (b) Disposition of Property ....................................................................................................................................... 10 (c) Retention of Cash................................................................................................................................................ 10 (d) Exercise of Owner's Rights................................................................................................................................. 10 (e) Registration oflnvestments................................................................................................................................. 11 (f) Borrowing........................................................................................................................................................... 11 (g) Purchase of Contracts......................................................................................................................................... 11 (h) Execution of Instruments..................................................................................................................................... I 1 (i) Settlement of Claims and Debts........................................................................................................................... 11 6) Establish Rules and Policies............................................................................................................................... I 1 (k) Trustee Insurance................................................................................................................................................ I 1 (1) Risk Management................................................................................................................................................ I 1 (m) Delegation........................................................................................................................................................... 12 (n) Employment of Agents, Advisers and Counsel.................................................................................................... 12 (o) Appointment of Custodian................................................................................................................................... 12 (p) Power to do any Necessary Act........................................................................................................................... 12 ARTICLE VII CONTRIBUTIONS TO THE TRUST FUND.......................................................................................12 7.1 MEMBER CONTRIBUTIONS.................................................................................................................................... 12 7.2 CONTRIBUTION RATE STRUCTURE........................................................................................................................ 12 7.3 FAILURE TO MAKE CONTRIBUTIONS..................................................................................................................... 13 7.4 TABOR COMPLIANCE......................................................................................................................................... 13 7.5 STATE FUNDING................................................................................................................................................... 13 7.6 REPORTS.............................................................................................................................................................. 14 ARTICLE VIII PARTICIPATION AND WITHDRAWAL OF MEMBERS............................................................... 14 8.1 PARTICIPATION IN TRUSTBY MEMBERS............................................................................................................... 14 8.2 WITHDRAWAL BY MEMBER................................................................................................................................. 14 8.3 SUCCESSORS AND ASSIGNS................................................................................................................................... 15 8.4 POWERS OF THE MEMBERS................................................................................................................................... 15 8.5 MEETINGS OF THE MEMBERS................................................................................................................................ 15 8.6 MEMBER OBLIGATIONS........................................................................................................................................ 16 ARTICLE IX ADMINISTRATION............................................................................................................................... 16 9.1 ACCOUNTING....................................................................................................................................................... 16 (a) Books and Records.............................................................................................................................................. 16 (b) Accounting...........................................................................................................................................................16 (c) Release................................................................................................................................................................16 (d) Valuations...........................................................................................................................................................17 (e) Reliance on Administrator................... ..... ........... ..... ........... ................................................................................ 17 9.2 EXPENSES............................................................................................................................................................ 17 12/16/2014 ARTICLE X AMENDMENT OF TRUST; TERMINATION OF PLAN............................................................. 17 10.1 AMENDMENT OF TRUST....................................................................................................................................... 17 (a) Right to Amend.................................................................................................................................................... 18 (b) Exclusive Benefit................................................................................................................................................. 18 10.2 TERMINATION OF PLAN........................................................................................................................................ 18 10.3 FINAL ACCOUNTING............................................................................................................................................. 18 ARTICLE XI MISCELLANEOUS................................................................................................................................ 18 11.1 NONALIENATION OF BENEFITS.............................................................................................................. 11.2 BENEFIT................................................................................................................................................ 11.3 EFFECT OF PLAN................................................................................................................................... 11.4 DISPUTE RESOLUTION........................................................................................................................... 11.5 ENTIRE AGREEMENT............................................................................................................................. 11.6 APPROVAL OF THE MEMBERS............................................................................................................... 11.7 LIABILITY FOR PREDECESSOR OR SUCCESSOR....................................................................................... 11.8 LIABILITY FOR ACTS OF OTHERS.......................................................................................................... 11.9 GOVERNMENTAL IMMUNITY................................................................................................................. 11.10 CONTROLLING LAW.............................................................................................................................. 1 1.1 1 EFFECTIVE DATE................................................................................................................................... 11.12 EXECUTION IN COUNTERPARTS............................................................................................................. 12/16/2014 ........... 18 ........... 19 ........... 19 ........... 19 ........... 20 ........... 20 ........... 20 ........... 20 ........... 20 ........... 20 ........... 20 ........... 20 TRUST AGREEMENT THIS TRUST AGREEMENT (this "Agreement") is entered into on this day of December, 2014 (the "Effective Date") by and between the undersigned Colorado governmental entities (who, together with and any other Colorado governmental entities that becomes a participating Member under this Trust, are collectively the "Members") and the undersigned trustees constituting the "Trust Committee" for the Trust, as defined herein (the "Trust Committee"). WITNESSETH: WHEREAS, the Members are exempt from federal income tax under the Internal Revenue Code of 1986, as amended, as a state or territory of the United States, or any political subdivision, municipality or agency thereof, or an agency of such political subdivision or municipality (including any corporation owned or controlled by any state or territory of the United States or by any political subdivision, municipality, or agency); and WHEREAS, the Members desire by and through this Agreement to provide a benefit plan that provides heart and circulatory malfunction benefits consistent with the provisions of Part 3 of Article 5 of Title 29, Colorado Revised Statutes (C.R.S.), as specified in the Colorado Firefighter Heart and Circulatory Malfunction Benefits Plan (the "Plan"); and WHEREAS, the Members desire for the Trust to accept funds that shall from time to time be paid over to the Trust Committee in accordance with the terms of this Agreement, together with the earnings and profits thereon, if any, and to hold the funds in trust (the "Trust") and to make disbursements from the Trust in accordance with the provisions of this Agreement and the Plan; and WHEREAS, the Members desire to appoint the Trust Committee as a trustee to hold and administer the assets of the Plan in accordance with this Agreement; and WHEREAS, the Trust Committee has agreed to serve as trustee of the trust established under this Agreement; and WHEREAS, the Members intend that the Trust hereby established, together with the Plan, shall constitute an irrevocable trust exempt from taxation under Internal Revenue Code Section 115; and WHEREAS, the Members intend that the Trust hereby established, together with the Plan, shall constitute a multiple employer health trust for the purpose of Part 3 of Article 5 of Title 29, C.R.S.; NOW, THEREFORE, the Members and the Trust Committee hereby mutually covenant and agree as follows: I CFHTRUST IGA 11/2014 R5 12/16/2014 ARTICLE I DEFINITIONS The following words and phrases, when used herein with an initial capital letter, shall have the meanings set forth below unless a different meaning plainly is required by the context. Any reference to a section number shall refer to a section of this Agreement unless otherwise specified. 1.1 Administrator means the person, committee or entity appointed by the Trust Committee to serve as plan administrator of the Plan. The Administrator shall be retained by the Trust Committee and shall administer the Plan pursuant to an administrative services agreement entered into between the Administrator and the Trust Committee. 1.2 Authorized Investment means and is limited to those investments that are defined as permissible for investment of public funds in Section 24-75-601 et seq. C.R.S., as in effect from time to time. 1.3 Beneficiary means any person designated under the terms of the Plan to receive benefits payable upon the death of a Participant. 1.4 Code means the Internal Revenue Code of 1986, as amended. 1.5 Custodian means Wells Fargo Bank, N.A., which shall serve as custodian for the Trust Fund. To the extent any assets are held by any custodian other than Wells Fargo Bank, N.A., such party shall also be considered a Custodian for the Trust. 1.6 Fiscal Year means the accounting year of the Trust, which shall commence on January 1 and end on December 31 of each year, except that the first year shall commence on the Effective Date and shall end on the immediately following December 31. 1.7 Investment Committee means the person, committee or entity appointed in accordance with the terms of the Trust to make and effect investment decisions under the Plan and Trust. Unless the Trust Committee appoints an Investment Committee, the Trust Committee shall be deemed to be the Investment Committee. 1.8 Investment Fund means any of the separate funds established by the Investment Committee for the investment of Plan assets. 1.9 Investment Manager means any person, corporation or other organization or association appointed by the Trust Committee pursuant to the terms of Section 4.3 to manage, acquire or dispose of the assets of an Investment Fund. 1.10 Members or Member means those governmental employers listed on Exhibit A and any other governmental employer that becomes a participating Member under this Trust pursuant to Article VIII, below. 2 CFHTRUST IGA 11/2014 R5 12/16/2014 1.11 Member Representative means that person who has been designated in writing by a Member as its representative to the Trust. 1.12 Participant means an employee or former employee of the Member. 1.13 Plan means the Colorado Firefighter Heart and Circulatory Benefits Plan set forth in Part 3 of Article 5 of Title 29, Colorado Revised Statutes, and in the Plan Summary of Benefits as such Plan may be amended from time to time. 1.14 Trust means the trust established by this Agreement. 1.15 Trust Committee means the Trust Committee appointed pursuant to Section 3.1 of this Trust Agreement, acting as a group or body. 1.16 Trust Fund means the total amount of cash and other property held in the Trust under this Agreement. 1.17 Trustee means the Trust Committee members and their successors as provided by this Agreement. ARTICLE II ESTABLISHMENT OF THE TRUST 2.1 Trust Established. The Members hereby establish with the Trust Committee, as a funding medium for the Plan, a Trust consisting of the Trust Fund and such earnings, profits, increments, additions and appreciation thereto and thereon as may accrue from time to time. 2.2 Limit of Interest - Impossibility of Diversion. It shall be impossible at any time for any part of the Trust to be used for or diverted to purposes other than for the exclusive benefit of the Participants and Beneficiaries covered under the Plan, except that the payment of taxes and administration expenses may be made from Trust funds as hereinafter provided. Funds of the Trust may not be transferred to any other account or fund of a Member. 2.3 Trust Committee's Acceptance. The Trust Committee accepts the Trust hereby created and agrees to perform the duties hereby required of the Trust Committee. ARTICLE III TRUSTEES AND SUCCESSOR TRUSTEES 3.1 Trustees. The Trust shall be administered by the Trust Committee. The Trust Committee shall be comprised of seven (7) individual Trustees; provided, however, that the Trust Committee shall be deemed duly constituted and may commence operations of the Trust upon seating of and execution of this Agreement by four (4) initial Trustees. Each Trustee must be a Participant and current employee of a Member, except as provided below. Trustees shall be 3 CFHTRUST IGA 11/2014 R5 12/16/2014 appointed by the Board of Directors of the Colorado State Fire Chiefs ("CSFC Board") from among the following: (a) One Trustee who is a Member Representative from a fire district or fire authority serving an area having less than thirty thousand (30,000) in population; (b) One Trustee who is a Member Representative from a fire district or fire authority serving an area having more than thirty thousand (30,000) in population; (c) One Trustee who is a Member Representative from a municipality having less than thirty thousand (30,000) in population; (d) One Trustee who is a Member Representative from a municipality having more than thirty thousand (30,000) in population; (e) One Trustee who is a Participant and officer of the Colorado Professional Firefighters Association ("CPFF"), who is designated for appointment by CPFF; and (f) Two Trustees who are Member Representatives from two other Members of any size or type, who are elected or appointed officials or employees of the Member and are not firefighters eligible for participation in the Plan. Nominations for Trustees from the Members and CPFF shall be made by elected governing body of the Member (i.e., district board of directors, city council, CPFF Board of Directors) and be submitted to the CSFC Board at such time as the CSFC Board may provide. Terms of the Trustees shall be two-year, overlapping terms or until their successors have been appointed, except that among the initial Trustees, four of them shall serve an initial term of two years and three of them shall serve an initial term of one year as set for below so as to establish the staggering of terms. The term shall begin on a January 1, and end at midnight on a December 31, except that the initial undersigned Trustees' terms shall begin upon the formation of the Trust. A vacancy shall occur on the Trust Committee when a Trustee (1) submits a written resignation to the Trust Committee; (2) dies; (3) ceases to be a Participant; (4) ceases to be a Member Representative, except in the case of the CPFF Trustee to whom such requirement (4) does not apply; (5) fails to attend three consecutive regular meetings of the Trust Committee without the Committee having entered upon the record its proceedings an approval for an additional absence or absences, except that such additional absence or absences shall be excused for temporary mental or physical disability or illness; or (6) is convicted of a felony. Any vacancy on the Trust Committee shall be filled by appointment by the CSFC Board for the unexpired portion of the term. Upon appointment and written acceptance thereof, a successor Trustee shall have all the title, rights, powers and privileges and duties conferred or imposed upon the initial or predecessor Trustee. 3.2 Successor Trustees. No successor Trustee need examine the accounts, records and acts of any previous Trustee of any allocation of the Trust assets, nor shall such successor Trustee be 4 CFHTRUST IGA 11/2014 R5 12/16/2014 responsible for any act or omission to act on the part of any previous Trustee. All Trustees and their successors from time to time acting under this Agreement shall have all the rights, powers and duties of the initial Trustees named in this Agreement, unless this Agreement is amended to provide otherwise. 3.3 Compensation. The Trustees shall receive no compensation for their services rendered under this Agreement other than any compensation as an employee of a particular Member. The Trust Committee may adopt policies to reimburse Trustees for actual meeting expenses and attendance at the Trust Committee meetings and other properly incurred expenses on Trust matters. 3.4 Chair and Officers; Sub -Committees. The officers of the Trust Committee shall be the chair, vice chair and secretary. The officers shall be appointed by the Trust Committee from among its members. Appointment of officers shall occur at the first meeting of the Trustee Committee each year. The Trust Committee may establish sub -committees necessary or appropriate to the exercise of its powers. 3.5 Meetings. The Trust Committee shall determine the time and place of its regular meetings. Special meetings of the Trust Committee may be called by the chair or by three (3) Trustees. The Trustees shall be provided with at least ten (10) days prior written notice designating the time, place and agenda of a regular meeting and three (3) days prior written notice designating the time, place and agenda of any special meeting. The manner of giving notice of meetings may include, without limitation, service by electronic mail to the Trustee's e- mail address. Regular and special meetings of the Trust Committee may be held by telephone or electronic (internet-based) conference call. Any meeting at which all Trustees are present in person, or concerning which all Trustees have waived notice in writing, shall be a valid meeting without the requirement to provide any notice. 3.6 Proxy. Any Trustee may duly authorize in writing another Trustee to cast a vote on one (1) or more specific matters to be voted on at a meeting, on behalf of such Trustee. Any such written authorization must specify the matter or matters and be given for a specific meeting and may not carry over to subsequent meetings. 3.7 No Delegates. A Trustee and/or the Trustee's Member Representative may not appoint a delegate to serve in his or her place. 3.8 Quorum and Voting. (a) To constitute a quorum at any regular or special meeting of the Trust Committee and for any action to be valid at such meeting, there must be present in person or by proxy at least four (4) of the seven (7) Trustees. (b) Valid actions at meetings at which a quorum is present require the affirmative vote of a simple majority of those Trustees present and voting, except where an absolute majority is expressly required. Each Trustee shall cast his or her vote on each matter upon which action is taken, except where abstention from voting is 5 CFHTRUST IGA 11/2014 R5 12/16/2014 required because of conflict of interest. (c) To approve the following items, an absolute majority vote (as defined below) is required: (1) Annual budget; (2) Incurring any debt other than liabilities in the ordinary course of business; and (3) Settling any litigation involving the Plan or Trust. An absolute majority vote is the affirmative vote of at least four (4) Trustees. 3.9 Action without a Meeting. Any action that may be taken at a meeting of the Trust Committee may be taken without a meeting upon the written consent of a sufficient number of the Trustees otherwise required to approve such action at a meeting and shall be effective on the date of the last consent, unless two (2) or more Trustees object to taking the action without a meeting. A copy of such written consent, signed by the Trustees, shall be provided within ten (10) days of the effective date of the consent to each Trustee. Consent may be signified by a signature of the Trustee on a written consent or by an electronic means, such as an affirmative email response to a request for confirmation of favorable action on a matter, approval of a specific resolution, etc. 3.10 Conflicts of Interest. Trustees should avoid the appearance of impropriety. A Trustee shall exercise care that the Trustee's independent judgment in the discharge of Trust Committee responsibilities is not impaired as a result of conflicts between the interests of the Trust and the Trustee's own financial interests or personal interests, or the financial interests or personal interests of the members of the Trustee's family or associates. A Trustee shall not vote or decide upon any matter relating solely to himself or herself or vote in any case in which his or her individual right or claim to any benefit under the Plan is particularly involved or in which he or she otherwise has a conflict of interest. In the event that a Trustee believes that he or she has a conflict of interest, the Trustee shall disclose the conflict to the Trust Committee and shall refrain from participating in the matter to which the conflict relates. The minutes of the meeting where the disclosure is made shall reflect the disclosure and the fact of the Trustee having abstained from participation in the matter. A Trustee shall not use confidential information acquired in the course of the performance of Trust Committee responsibilities to further that Trustee's own financial interests or personal interests, or the financial interests or personal interests of the members of the Trustee's family or associates. 3.11 Office Location and Meeting Place. All meetings of the Trust Committee shall be held at a place designated at least annually by the Trust Committee, or the chair, if the Trust Committee is unable to reach an agreement regarding a meeting location. The Trust shall have its principal office at 433 S. Allison Parkway, Lakewood, CO 80226. 3.12 Agent for Service of Legal Process. The designated agent for service of legal process 6 CFHTRUST IGA 11/2014 R5 12/16/2014 shall be Samuel J. Light, Light Kelly, P.C. 101 University Blvd., Suite 210, Denver, Colorado 80206, or any successor agent as the Trust Committee shall designate. 3.13 Rules and Regulations. The Trust Committee shall have the power at any regular or special meeting to adopt bylaws, rules, regulations and policies for the administration of the Trust, and for the conduct of the affairs of the Trust Committee. Any bylaws, rules, regulations and policies of the Trust Committee shall be consistent with the written provisions of the Trust Agreement, and shall be binding upon all persons dealing with the Trust and upon any and all persons claiming any benefits under the Plan. ARTICLE IV DUTIES OF TRUST COMMITTEE 4.1 Duties. It shall be the duty of the Trust Committee: (a) Receipt of Contributions. To receive any contributions paid to it under this Agreement in cash or in other property acceptable to the Trust Committee. The Trust Committee shall not be responsible for the calculation or collection of any contribution required to be paid by the Member to the Trust under the Plan, but shall be responsible only for property actually received by it pursuant to this Agreement. (b) Management of Funds. To hold, invest, reinvest, manage and administer (except as otherwise provided herein) all contributions so received, together with the income therefrom and any other increment thereon, for the benefit of Participants and their Beneficiaries in accordance with the terms of this Agreement. (c) Payments. To direct payments under the Plan; provided, however, that the Trust Committee may rely upon the directions received from the Administrator, and the Administrator hereby indemnifies the Trust Committee from any loss, claim, damage or liability, including legal expenses, that may arise in connection with the Trust Committee's acting upon such direction. (d) Appointment of Administrator. To appoint such person, committee or entity as the Trust Committee shall determine to serve as Administrator of the Plan, and to contract with the Administrator for provision of its services. The Trust Committee shall have the power to terminate the appointment of the Administrator upon written notice with or without cause. (e) Appointment of Investment Committee. To appoint as the Investment Committee such person, committee or entity as the Trust Committee shall determine to make and effect investment decisions under the Plan and Trust; provided, however, that the Trust Committee may appoint itself as the Investment Committee. % CFHTRUST IGA 11/2014 R5 12/16/2014 ARTICLE V INVESTMENT OF TRUST ASSETS 5.1 General Investment Power/Investment Funds. (a) Authority of Investment Committee. Except as provided in Sections 5.2 and 5.3, the Investment Committee shall have all authority and responsibility for the management, disposition and investment of the Trust Fund, and the Trust Committee shall comply with directions of the Investment Committee. The Investment Committee shall not issue any directions that are in violation of the terms of the Plan or this Agreement. (b) Investment Funds. The Trust may be divided into one or more separate Investment Funds, the number, makeup and description of which shall be determined from time to time by the Investment Committee. The Trust Committee shall implement, terminate, value, transfer to and from and allocate the gains, losses and expenses among the Investment Funds in accordance with the proper directions of the Investment Committee, the Administrator, or their delegates, and, to the extent applicable under the terms of this Agreement, the directions of Investment Managers. (c) Funding Policy. The Trust Committee shall have responsibility for selecting or establishing and carrying out a funding policy and method, consistent with the objectives of the Plan. The Trust Committee shall be responsible for the proper diversification of the Trust Fund, for the prudence of any investment of Trust assets consistent with State law, for compliance with statutory limitations on the amount of investment in securities, and for assuring that any such investments meet the requirements of State law. 5.2 Investment Managers. (a) Appointment. The Investment Committee may, but shall not be required to, appoint one or more Investment Managers to manage the assets of all or any one or more of the Investment Funds. Each such Investment Manager shall be either (i) registered as an investment adviser under the Investment Advisers Act of 1940; (ii) a bank, as defined in such Act; or (iii) an insurance company qualified to perform the services of Investment Manager under the laws of more than one state. The Investment Committee shall obtain from any Investment Manager so appointed by it a written statement acknowledging (i) that such Investment Manager is or on the effective date of its appointment will become a fiduciary with respect to the Trust assets under its management; (ii) certifying that such Investment Manager has the power to manage, acquire or dispose of Trust assets in the manner contemplated by the contract or other written instrument by which its appointment is or will be effected; and (iii) certifying that it is either an investment adviser, a bank or an insurance company which is qualified to be appointed as an Investment Manager under this Agreement. 8 CFHTRUST IGA 11/2014 R5 12/16/2014 (b) Contractual Arrangement. The Investment Committee shall enter into a written contract or agreement with each such Investment Manager in connection with its appointment as such, and such contract shall be subject to such terms and conditions and shall grant to the Investment Manager such authority and responsibilities in the management of the applicable Investment Fund assets as the Investment Committee deems appropriate under the circumstances. Without limiting the generality of the foregoing, such contract may establish investment objectives for the assets of the Investment Fund(s) under the management of the Investment Manager and may limit the types of assets that may be acquired or held by such Investment Fund(s). (c) Trust Committee's Duties. With respect to each Investment Fund the management of which has been delegated to an Investment Manager, the Trust Committee shall follow and carry out the instructions of the appointed Investment Manager with respect to the acquisition, disposition and reinvestment of assets of such Investment Fund, including instructions relating to the exercise of all ownership rights in such assets. (d) Failure to Direct. In the event that an appointed Investment Manager shall fail to direct the Trust Committee with respect to investment of all or any portion of the cash held in an Investment Fund under its management, the Trust Committee shall invest such cash only when and as directed by the Investment Committee. (e) Termination of Appointment. The Investment Committee shall have the power to terminate the appointment of an Investment Manager upon written notice with or without cause. Upon the termination of the appointment of an Investment Manager, the Investment Committee shall (i) appoint a successor Investment Manager with respect to the Investment Fund(s) formerly under the management of the terminated Investment Manager, (ii) direct the Trust Committee to merge or combine such Investment Fund(s) with other Investment Fund(s) or Trust assets, or (iii) direct the Trust Committee to invest the assets of such Investment Fund as the Investment Committee deems appropriate in accordance with the existing funding policy. 5.3 Manner and Effect of Directions. (a) Delegation of Authority to Custodian. The Custodian is delegated the authority and responsibility for receiving and carrying out the directions of the Trust Committee, the Administrator, the Investment Committee, any Investment Manager or their designees. With respect to any assets held by a party other than Trust Committee, the Trust Committee is authorized and directed to delegate to the Custodian the authority and responsibility for receiving and carrying out the directions of the Investment Committee, any Investment Manager or their designees. The Trust Committee is authorized and directed to enter into such 9 CFHTRUST IGA 11/2014 R5 12/16/2014 agreements with another Custodian as are deemed necessary or appropriate to effect such delegation. 5.4 Authorization of Deshwee(s). The Administrator and the Investment Committee may each appoint one or more designees to act on their behalf. If a designee (or designees) is appointed, the appropriate committee shall furnish the Trust Committee with written documentation of the appointment and a specimen signature of each designee. The Trust Committee shall be entitled to rely upon such documentation until the Trust Committee is otherwise notified in writing. ARTICLE VI POWERS OF TRUST COMMITTEE 6.1 General Authority. In accordance with the directions of the Investment Committee and any Investment Managers as provided in Article V, the Trust Committee shall receive, hold, manage, convert, sell, exchange, invest, reinvest, disburse and otherwise deal with the assets of the Trust, including contributions to the Trust and the income and profits therefrom, without distinction between principal and income and in the manner and for the uses and purposes set forth in the Plan and as hereinafter provided. 6.2 Specific Powers. In the management of the Trust, the Trust Committee shall have the following powers in addition to the powers customarily vested in trustees by law and in no way in derogation thereof, provided, all such powers shall be exercised only upon and in accordance with the directions of the Investment Committee and, to the extent applicable, any duly appointed Investment Managers: (a) Purchase of Property. With any cash at any time held by it, to purchase or subscribe for any authorized investment (as defined in Section 6.3) and to retain the same in trust. (b) Disposition of Property. To sell, exchange, transfer or otherwise dispose of any property at any time held by it. (c) Retention of Cash. To hold cash without interest in administrative accounts for contribution and distribution processing in such amounts as may be reasonable and necessary for the proper operation of the Plan and the Trust. (d) Exercise of Owner's Rights. The Members acknowledge and agree that the Trust Committee shall have the right or power to vote proxies appurtenant to securities that it holds. The Members acknowledge and agree that the Trust Committee shall have the power to make any review of, or consider the propriety of, holding or selling any assets held in the Trust Fund in response to any tender offer, conversion privilege, rights offering, merger, exchange, public offering and/or any proxy action for any of such assets. 10 CFHTRUST IGA 11/2014 R5 12/16/2014 (e) Registration of Investments. To cause any stock, bond, other security or other property held as part of the Trust to be registered in its own name or in the name of one or more of its nominees; provided, the books and records of the Trust Committee shall at all times show that all such investments are part of the Trust. (f) Borrowing. To the extent permitted by State law and at the direction of the Investment Committee, to borrow or raise money for the purposes of the Trust in such amounts, and upon such terms and conditions, as determined by the Investment Committee; and, for any sum so borrowed, to issue its promissory note as Trust Committee and to secure the repayment thereof by pledging all or any part of the Trust Fund to the extent permitted by State law; and no person lending money to the Trust Committee shall be bound to see to the application of the money lent or to inquire into the validity, expediency or propriety of any such borrowing. (g) Purchase of Contracts. To apply for, purchase, hold, transfer, surrender and exercise all incidents of ownership of any insurance, re -insurance, excess or stop loss insurance or annuity contract that the Trust Committee determines or the Investment Committee directs it to purchase or that is necessary or appropriate to carrying out the purposes of the Plan. The Trust Committee shall endeavor to obtain stop loss insurance to provide coverage for payment of benefits under the Plan above specified per claim and aggregate limits, provided such stop loss coverage can be obtained at a reasonable cost as determined by the Trust Committee. (h) Execution of Instruments. To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments, which may be necessary or appropriate to carry out the powers herein granted. (i) Settlement of Claims and Debts. To settle, compromise or submit to arbitration any claims, debts or damages due or owing to or from the Trust, to commence or defend suits or legal or administrative proceedings and to represent the Trust in all suits and legal and administrative proceedings. (j) Establish Rules and Polices. To establish, to the extent consistent with this Agreement and the Plan, rules and policies necessary or appropriate to the administration of the Trust or the carrying out of the powers herein granted; (k) Trustee Insurance. To purchase on behalf of the Trust Committee and the Investment Committee, trustees' errors and omissions insurance or similar coverage in such amounts as are recommended by a licensed insurance broker for benefit plans and a trust of similar size and purpose. (1) Risk Management. To establish reasonable risk management policies and procedures. I I CFHTRUST IGA 11/2014 R5 12/16/2014 (m) Delegation. To delegate in writing fiduciary responsibilities or ministerial powers and duties to such officers, agents, representatives and independent contractors as determined desirable, provide such delegation does not conflict with the provisions of this Agreement or the Plan. (n) Employment of Agents, Advisers and Counsel. To employ suitable agents, actuaries, auditors, accountants, investment advisers, brokers and counsel, and to pay their reasonable expenses and compensation. (o) Appointment of Custodian. The Trust Committee shall designate a custodian to hold Trust assets. The Trust Committee may change the custodian upon an affirmative vote of four (4) Trustees. (p) Power to do any Necessary Act. To do all acts which it may deem necessary or proper and to exercise any and all powers under the Plan and this Agreement upon such terms and conditions as it may deem in the best interests of the Trust. 6.3 Authorized Investments. (a) General Definition. "Authorized investment" as used in this Article VI shall mean and be limited to those investments that are defined as permissible for investment of public funds in Section 24-75-601 et SeMc . C.R.S., as in effect from time to time. (b) Responsibility for Compliance. The responsibility for determining whether any investment of Trust assets complies with the terms of this Agreement and applicable law shall lie solely with the Trust Committee. ARTICLE VII CONTRIBUTIONS TO THE TRUST FUND 7.1 Member Contributions. Subject to the limitations of this Agreement, each Member shall pay or cause to be paid contributions to the Trust at such times and in the amounts determined by the Trust Committee as are necessary to ensure funding of the Trust is sufficient, that operation of the Trust is not hazardous to the public or Participants or which the Trust Committee otherwise deems beneficial to protect the financial condition of the Trust. The Trust Committee shall establish Member contributions consistent with this Agreement, the Plan and any guidelines consistent with this Agreement and the Plan as established by the Trust Committee from time -to -time. 7.2. Contributions on Annual Basis; Rate Structure. The contribution rate structure for Member contributions shall provide for contributions to be made on an annual basis. Contributions shall be sufficient to fund the projected benefits and applicable expenses for the Participants receiving benefits under the Plan. 12 CFHTRUST IGA 11/2014 R5 12/16/2014 7.3 Failure to Make Contributions. (a) If any Member fails to make its Member contribution to the Trust within thirty (30) business days after the date on which they are due, such contributions shall bear interest from the date due at the rate of return for the three (3) month LIBOR rate set on the date when such contribution was first due plus one percent (1%), compounded monthly. (b) Any other Member may, with the consent of the Administrator, make the contribution on behalf of the delinquent Member and, such amount shall become a debt of the delinquent Member to the contributing Member. (c) The Trust Committee has the right, upon an affirmative vote of four (4) Trustees, with any Trustees from a Member in default excluded from the vote, should the delinquent Member not cure the delinquency within thirty (30) calendar days after the Administrator provides written notice to the Member of its delinquency, to terminate: (1) such Member's participation in the Plan and Trust at the end of an additional thirty (30) calendar day notice period or the end of the Plan year of the Member's delinquency, if earlier, if such delinquency is not cured, and (2) upon such termination, no claims submitted by Participants of the delinquent Member for benefits subsequent to the date of the termination, shall be paid by the Trust. (d) The Trust Committee also has the right, upon an affirmative vote of four (4) Trustees, with any Trustees from the Member in default excluded from the vote, to notify the Participants of such delinquent Member that such Member's participation in the Plan and Trust has been or will be terminated. (e) Nothing herein, however, shall relieve the delinquent Member of its responsibility for benefits payable to its Participants. 7.4 TABOR Compliance. This Agreement does not create a multiple fiscal year direct or indirect debt or other financial obligation. All financial obligations of a Member under this Agreement are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. No Member's contribution for any Fiscal Year shall exceed the annual contribution billed for such Fiscal Year unless additional funds for payment thereof have been appropriated by the Member. 7.5 State Funding. For benefits required under Section 29-5-302, C.R.S., no Member shall be required without its consent to make a contribution for a Fiscal Year in excess of the amount of state funding paid or payable to the Member under Section 29-5-302(11), C.R.S. for that Fiscal Year. There is reserved to the Members and to the Trust the right set forth in Section 29- 13 CFHTRUST IGA 11/2014 R5 12/16/2014 5-302(12) C.R.S., providing that if, at any time, the state funding provided for the benefit required by Section 29-5-302, C.R.S. is insufficient to cover the cost of the benefit, then the requirements of Section 29-5-302, C.R.S. to maintain the benefit shall become optional pursuant to Section 29-1-304.5. C.R.S. The Trust Committee may establish guidelines consistent with this Agreement governing any exercise of the right under said Section 29-5-302(12), C.R.S. 7.6 Reports. The Trust Committee shall provide reports needed for purposes of administration of this Agreement and the Plan. ARTICLE VIII PARTICIPATION, WITHDRAWAL AND OBLIGATIONS OF MEMBERS 8.1 Participation in Trust by Members. The initial participating Members in the Trust are as set forth on Exhibit A. Additional Members may participate in the Trust subject to the approval of the Trust Committee, which participation shall be effective as of the beginning of the next Fiscal Year or such other date as determined by the Trust Committee. Participation in the Trust is limited to those employers who are governmental entities participating for purposes of Part 3 of Article 5 of Title 29, C.R.S. The Trust Committee reserves the right to require a new participating Member at the time of joining the Trust to contribute to the reserves of the Trust or to make such other appropriate financial contribution as determined by the Trust Committee. The Trust Committee may reject requested participation by any additional Member for any reason. To participate in the Trust, a Member must properly adopt and enter into this Trust Agreement, which shall be evidenced by providing to the Trust Committee (i) a certified copy of the resolution or ordinance of the governing body of the Member approving and entering into this Trust Agreement, and (ii) a signed counterpart original of this Trust Agreement duly executed by presiding officer of the governing body or other authorized officer of the Member. 8.2 Withdrawal by Member. A Member may withdraw from participation in the entire Trust on the following terms and conditions: (a) Except as provided in this section, any Member which intends to withdraw from participation in the Trust must give at least ninety (90) days advance written notice to the Trust Committee. Upon a Member's withdrawal from the Trust, any Trustees who are employees of such Member shall no longer serve as Trustees. (b) Upon withdrawal, the Member shall be deemed to have withdrawn from participation in the entire Trust. Upon the effective date of withdrawal, the Member's Participants shall cease to participate in the Plan, provided, that if required by law, a Participant's benefits may be extended pursuant to, if and to the extent applicable, the terms and provisions of the Plan, including those Participants who have filed a claim for or are receiving benefits under the terms of the Plan prior to the effective date of the Member's withdrawal, in which case benefits shall continue subject to the withdrawing Member's payment of required contributions. (c) Upon withdrawal, the Trust Committee also has the right to notify the Participants 14 CFHTRUST IGA 11/2014 R5 12/16/2014 of such withdrawing Member that such Member's participation in the Plan and Trust has ceased or will cease. (d) In the event of a Member's withdrawal pursuant to this section, such withdrawing Member shall have no right to any of the assets, income or reserves of the Trust at any time, nor shall such Member have any right to a refund or rebate of any of its contributions to the Trust. 8.3 Successors and Assigns. Upon approval of the Trust Committee, a participating Member may transfer or assign its participation in the Trust to any successor in interest, whether by merger, consolidation, reorganization, restructuring, transfer of employees, or dissolution, creation or consolidation of Member entities or governing boards or otherwise. 8.4 Powers of Members. In addition to powers herein vested in the Members, the Members shall have the power to: (a) Amend the Trust Agreement by a two-thirds (2/3) vote of the Members present at a meeting. Written notice of any proposed amendment shall be provided to each Member at least forty-five (45) days in advance of any vote on the amendment. (b) Terminate the Plan and disburse its assets by a two-thirds (2/3) vote of all Members, pursuant to such notice and in keeping with such procedure as shall be shall be established by the Trust Committee. In the case of such a vote, termination of the Plan shall be pursuant to provisions of Article X. 8.5 Meetings of the Members. Meetings of the Members shall be held as follows: (a) Members shall meet at least once annually at a time and place to be set by the Trust Committee, with notice mailed to each Member at least thirty (30) days in advance. (b) Special meetings of the Members may be called by the Trust Committee upon its own motion and shall be called by the Trust Committee upon written request of thirty (30) percent of the Members, with notice mailed to each Member at least thirty (30) days in advance. (c) The chair of the Trust Committee shall preside at the meetings; the vice chair shall preside in the absence of the chair. (d) Thirty percent (30%) percent of the Members shall constitute a quorum to conduct business. (e) Except for action to terminate the Plan, proxy voting shall be allowed, pursuant to such procedures as the Trust Committee may determine. Each Member shall be entitled to one vote on each issue, to be cast by its Member Representative. 15 CFHTRUST IGA 11/2014 R5 12/16/2014 8.6 Member Obligations. In addition to the other provisions, hereof, each Member shall have the obligation to: (a) Pay all contributions or other payments to the Trust at such times and in such amounts as shall be established by the Trust Committee. Any delinquent payments shall be paid with interest pursuant to a policy established by the Trust Committee and uniformly applied. (b) Designate in writing a Member Representative and one or more alternates for the Members' meetings. The Representative and any alternate shall be an employee of the Member, except as provided in Section 3. 1, and may be changed from time to time. Any alternate may exercise all the powers of the Representative during a Member meeting in the absence of the Member Representative. (c) Allow the Trust Committee and Administrator and their agents reasonable access to records of the Member as required for the administration of Plan and Trust. (d) Cooperate fully with the Trust Committee and Administrator and their agents in matters relating to the administration of the Plan and Trust and the administration and coordination of benefits under the Plan. (e) Allow the Trust Committee to make decisions regarding, and to designate attorneys to represent the Member in, the investigation, settlement and litigation of any claim within the scope of benefits furnished through the Plan. (f) Comply with the benefits administration, claims handling and related policies established by the Trust Committee. ARTICLE IX ADMINISTRATION 9.1 Accounting. (a) Books and Records. The Administrator generally shall be responsible for keeping accurate and detailed records of all investments, receipts and disbursements and other transactions hereunder, including such specific records as shall be required by law and such additional records as may be agreed upon in writing between the Administrator and the Trust Committee. All books and records relating thereto shall be open to inspection and audit at all reasonable times by any person or persons designated by the Administrator, the Member, or the Investment Committee. The Trust Committee shall promptly provide copies of such books or records to any persons designated by the Administrator. (b) Accounting. Following the close of each Plan year of the Plan, or more frequently as the Trust Committee and the Administrator may agree, the Trust Committee, with the assistance of the Administrator, shall cause to be prepared a 16 CFHTRUST IGA 11/2014 R5 12/16/2014 written statement setting forth all investments, receipts, disbursements and other transactions effected during such year or during the period beginning as of the close of the last preceding year. Except as may be required by statute or by regulations published by State or federal government agencies with respect to reporting and disclosure, as may be required pursuant to the terms of the Plan or this Agreement or as reasonably may be requested by a majority of the Members or the Investment Committee, no person shall have the right to demand or to be entitled to any further or different accounting by the Trust Committee. (c) Release. Except with regard to claims of breach of fiduciary duty, upon the expiration of 90 days from the date of presentation to the Members of such annual or other statement, the Trust Committee shall forever be released and discharged from any liability or accountability to anyone as respects the propriety of its acts or transactions shown in such account, except with respect to any acts or transactions as to which, within such 90 -day period, a Member whose interest is affected by such act or transaction shall file with the Trust Committee its written disapproval. In the event such a disapproval is filed, and unless the matter is compromised by agreement of the Trust Committee, the Trust Committee shall file its statement covering the period from the date of the last annual statement to which no objection was made in any court of competent jurisdiction for audit or adjudication. The applicable statutes of limitation shall be available to the Trust Committee in the event of a claim of breach of fiduciary duty. (d) Valuations. The Trust Committee shall designate a party to be responsible for valuations of assets of the Trust for which prices are not readily available on a nationally recognized securities exchange. (e) Reliance on Administrator. The Trust Committee shall be entitled to rely on the Administrator and any Custodian, other than Trust Committee, for the maintenance and provision of all records specified in this Section. 9.2 Expenses. The expenses incurred by the Trust Committee in the performance of its duties hereunder, including fees for legal and other services rendered and all other proper charges and disbursements of the Trust Committee, including taxes of any and all kinds whatsoever, that may be levied or assessed under existing or future laws upon or in respect of the Trust or any money, property or security forming a part of the Trust Fund, shall be paid by the Trust Committee from the Trust Fund, and the same shall constitute a charge upon the Trust Fund. To the extent the Member pays any expenses that are properly payable from the Trust Fund, the Trust Committee shall reimburse the Member that has made payment from the Trust Fund if requested to do so by the Member. ARTICLE X AMENDMENT OF TRUST; TERMINATION OF PLAN 10.1 Amendment of Trust. 17 CFHTRUST IGA 11/2014 R5 12/16/2014 (a) Right to Amend. The Members may amend this Agreement at any time or from time to time by the affirmative vote of two-thirds (2/3) of all Members, and any such amendment by its terms may be retroactive. An amendment shall require compliance with the terms of Section 8.4(a). An adopted amendment shall become effective upon the date specified in the ballot approved by the Members, without necessity of further written consent or signatures by the Members. Upon adoption of any amendment, the Trust Committee shall cause a current copy of this Agreement to be sent to each Member. (b) Exclusive Benefit. Notwithstanding the foregoing, no amendment shall be made which would authorize or permit any assets of the Trust Fund, other than such assets as are required to pay taxes and administration expenses, to be used for or diverted to purposes other than the exclusive benefit of Participants or Beneficiaries. 10.2 Termination of Plan. The Trust shall continue for such time as may be necessary to accomplish the purposes for which it was created and shall terminate only upon the complete distribution of the Trust. The Trust may be terminated as of any date (and shall in fact terminate upon the complete distribution of the funds of this Trust on such date or thereafter) by unanimous vote of the Trust Committee and approval by a two-thirds (2/3) vote of all Members. Upon termination of the Trust, provided that the Trust Committee has not received instructions to the contrary, the Trust Committee shall liquidate the Trust and, after paying the reasonable expenses of the Trust, including expenses involved in the termination, distribute the balance thereof according to the written directions of each Member for the provision of benefits similar to those provided under the Plan for the benefit of each such Member's Participants and Beneficiaries covered thereunder; provided, however, that the Trust Committee shall not be required to make any distribution until the Trust Committee is reasonably satisfied that adequate provision has been made for the payment of all taxes, if any, which may be due and owing by the Plan and the Trust; and provided, further, that in no event shall any distribution be made by the Trust Committee until the Trust Committee is reasonably satisfied that the distribution will not be contrary to the applicable provisions of the Plan dealing with termination of the Plan and the Trust. 10.3 Final Accounting. At such time as the Trust is terminated, the Trust Committee shall render a final accounting of the affairs of the Trust to each participating Member, and thereafter there shall be no claim or action against the Trust Committee or any Trustee, and they shall have no further responsibilities or duties and shall be discharged. ARTICLE XI MISCELLANEOUS 11.1 Nonalienation of Benefits. Neither the benefits payable from the Trust Fund nor any interest in any of the assets of the Trust Fund shall be subject in any manner to the claim of any creditor of a Participant, or Beneficiary or to any legal process by any creditor of such Participant, or Beneficiary; and neither a Participant nor any Beneficiary shall have 18 CFHTRUST IGA 11/2014 R5 12/16/2014 any right to alienate, commute, anticipate or assign any right to benefits payable from or any interest in the Trust, except as provided in the Plan. 11.2 Benefit. Except as otherwise provided in the Plan and this Agreement, no part of the Trust hereunder shall be used for or diverted to any purpose other than for the benefit of Participants and Beneficiaries or the payment of expenses as herein provided. 11.3 Effect of Plan. The Trust Committee is not a party to the Plan, and in no event shall the terms of the Plan, either expressly or by implication, be deemed to impose upon the Trust Committee any power or responsibility other than as set forth in this Agreement. In the event of any conflict between the provisions of the Plan and this Agreement, this Agreement shall be deemed to be incorporated into and be a part of the Plan, and the terms of this Agreement shall control over any inconsistent terms of the Plan not contrary to State law. 11.4 Dispute Resolution. (a) Disputes arising in relation to benefits under the Plan shall be resolved in accordance with the procedures established in the Plan. (b) The parties to this Agreement (each, a "party") are mutually committed to collaborative problem solving for resolving issues that may arise among or between them concerning this Agreement. In the event of a dispute, the complaining party may notify the other party of the dispute in writing and each party to the dispute will each appoint a representative to negotiate in good faith to resolve the dispute. These negotiations between representatives of the parties shall continue until the earliest of: (a) the time the dispute has been resolved; (b) the designated representatives have concluded that continued negotiation does not appear likely to resolve the dispute; or (c) thirty (30) days from the date of written notice of the dispute. If the dispute is not resolved through direct negotiations, the parties may, with the consent of all parties, attempt to settle any dispute arising out of or related to this Agreement through mediation. Unless otherwise agreed by the parties, mediation shall proceed as follows: The parties may agree on a mediator. If they are unable to agree on a mediator within thirty (30) days of the agreement to mediate, the parties shall contact an agreed upon dispute resolution organization or service and shall use its selection process to select a mediator. Each party shall bear its own costs of the mediation and the parties shall share the costs of the mediator. The mediation shall be scheduled within sixty (60) days of the agreement to mediate. If the direct negotiation process is unsuccessful and the parties do not consent to mediation or the agreed-upon mediation process does not successfully resolve the dispute within ninety (90) days of the agreement to mediate, the parties shall be entitled to pursue any other remedy allowed by law or this Agreement. However, no party shall pursue such a remedy without first exhausting the direct negotiation process. 19 CFHTRUST IGA 11/2014 R5 12/16/2014 11.5 Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto with regard to the subject matter hereof, and there are no other agreements or understandings between the parties relating to the subject matter hereof other than those set forth or provided for herein. 11.6 Approval of the Members. The Members shall have the right, on behalf of all individuals at any time having any interest in the Trust, to approve any action taken or omitted by the Trust Committee. 11.7 Liability for Predecessor or Successor. No successor Trustee hereunder in any way shall be liable or responsible for any actions or omissions of any prior Trustee in the administration of the Trust or the Trust Fund prior to the date such successor Trustee assumes its obligations hereunder, nor shall any prior Trustee in any way be liable or responsible for any actions or omissions of any successor Trustee. 11.8 Liability for Acts of Others. No Trustee shall be liable for the acts or omissions of a Member, the Custodian, the Administrator, the Investment Committee or any Investment Manager except with respect to any acts or omissions of any such party in which the Trustee participates knowingly or which the Trustee knowingly undertakes to conceal, and which the Trustee knows constitutes a breach of fiduciary responsibility of such party. 11.9 Governmental Immunity. It is specifically understood and agreed that nothing contained in this Agreement shall be construed as an express or implied waiver by the Trust, the Trust Committee, the individual Trustees, or the Members of governmental immunity or of the sovereign immunity of the State of Colorado or its instrumentalities or any provision of the Colorado Governmental Immunity Act, Section 24-10-101 et sec., C.R.S. 11.10 Controlling Law. This Agreement shall be construed according to the laws of the State of Colorado. 11.11 Effective Date. This Agreement shall be effective on and after , 2014. 11.12 Execution in Counterpart. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Member and the Trust Committee have caused this Agreement to be signed by their duly authorized officers or representatives as of the day first written above. 20 CFHTRUST IGA 11/2014 R5 12/16/2014 TRUST COMMITTEE: By: Trustee Date: Member Representative of: By: Trustee Date: Member Representative of: By: Trustee Date: Member Representative of. By: Trustee Date: Member Representative of By: Trustee Date: Member Representative of. By: Trustee Date: Member Representative of: By: Trustee Date: Member Representative of. ADMINISTRATOR: By:_ Title: Date: 21 CFHTRUST IGA 11/2014 R5 12/16/2014 MEMBER: Town of Vail, Colorado Sign: By: Andy Daly Title: Mayor Attest: Sign: By: Patty McKenny Title: Town Clerk Date of Member Adoption of Agreement: December 15, 2014 22 CFHTRUST IGA 11/2014 R5 12/16/2014 AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF VAIL REGARDING RECYCLE DROP OFF SITE THIS AGREEMENT ("Agreement"), dated this 9-�) day 2010 is between Eagle County, Colorado, located at 500 Broadway, Eagle, CO 81631 ("County") and Town of Vail, Colorado a municipal corporation, located at 75 South Frontage Road, Vail, CO 81658 ("Town"). WITNESSETH: WHEREAS, County has hired a vendor to transport collected recyclable material from drop-off collection sites situated throughout greater Eagle County to the Eagle County Recycled Materials Recovery Facility (MRF) located at 605 Ute Creels Road, Wolcott, Colorado; and WHEREAS, Town currently has an agreement with a contractor to manage their recycle drop-off site and desires to maintain that agreement rather than having County or its contractor provide such services; and WHEREAS, County and Town intend by this Agreement to set forth the scope of the responsibilities and related teams and conditions to govern the relationship between the parties in connection with this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Town agree as follows: 1. County hereby acknowledges that Town currently has a contractual agreement with a hauler to manage their recycle drop-off site. 2. County will reimburse the Town at the rate of $190 per haul for co -mingled containers, newspaper containers and cardboard containers. County shall not be responsible for any charges, fees or amounts in excess of $190 per haul. Town shall send monthly invoices to Eagle County specifying the date of each haul, number of hauls and material types hauled. 3. All recyclable material collected at the Town's drop-off site shall be delivered to the Eagle County MRF. In the event the Town or its' contractor elects to deliver the recyclable materials collected at the Town of Vail to other than the Eagle County MRF then this Agreement shall immediately terminate and neither party shall have any obligations hereunder. 12/16/2014 4. In the event Town terminates its current agreement for hauling services or chooses to not renew its existing hauling agreement, then County shall provide such services so long as County has the ability to provide such services and further has properly appropriated funds for such services. In the event that County provides hauling services for recyclable materials located at the Town of Vail site either directly or through a third party contractor this Agreement shall immediately terminate and neither party shall have any obligations hereunder. 5. If not previously terminated as set forth herein, this Agreement shall terminate on December 31, 2011. This Agreement may be renewed annually by mutual written agreement of the parties. 6. County will issue payment to Town within thirty (30) days of receipt of a satisfactory monthly invoice from Town. 7. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payments be made to Town in respect of any period after December 31, 2010 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29-1- 101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 8. This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado, District Court in and for Eagle County, Colorado. 9. This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and Town and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or Town and their respective successors and assigns, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 10. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforccability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. 11. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and Town or as otherwise set forth herein. This Agreement represents the full and complete understanding of County and Town and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and Town with respect to the subject matter contained herein. 12/16/2014 12. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. 13. Any notice and all communications required under this Agreement shall be given in writing by personal delivery, fax, e-mail or mail to the appropriate party at the following addresses: County: Ronald L. Rasnic, Solid Waste Manager Solid Waste & Recycling Department P.O. Box 473 Wolcott, Colorado 81655 (970) 328-3465 (p) (970) 328-3466 ( fl ron.rasnic(a7eaglecaunty.us kbertu lia cr,vail og vcom Town: Bill Carlson, Env. Health Officer Kristen Bertuglia, Sus. Coordinator 75 South Frontage Road Vail, CO 81657 (970) 479-2333 (p) (970) 479-2452 (f) bearlson@vailgov.com Notices shall be deemed given on the date of delivery or three days after the postmarked date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. IN WITNESS WHEREOF, County and Town have executed this Agreement this Ar 3 day offteNb@ 010. COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS B Gle _Sar_ ODU TOWN OF V?AIL BY: Stan ler, Town Manager ATTEST- Y: To lerk� o : may, •••s�'d•o •� N�+�•i\ " FOURTH AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF VAIL REGARDING RECYCLE DROP OFF SITE THIS FOURTH AMENDMENT ("Fourth Amendment"), effective as of January 1, 2015, is between Eagle County, Colorado, located at 500 Broadway, Eagle, CO 81631 ("County") and Town of Vail, Colorado a municipal corporation, located at 75 South Frontage Road, Vail, CO 81658 ("Town"). WITNESSETH: WHEREAS, County and Town entered into an Agreement dated November 23, 2010 concerning the Town of Vail Recycle Drop Off Site ("Original Agreement"). The Parties entered into a First Amendment, dated December 29, 2011, a Second Amendment, dated November 30, 2012, and a Third Amendment, dated January 1, 2014 to extend the term of the Original Agreement for consecutive one-year periods; and WHEREAS, the parties desire to extend the term of the Original Agreement for an additional one year period on the same terms and conditions as set forth in the Original Agreement. 1�1C�1i1�I Y: /�► i �1► 1�(I-Y NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Town agree to amend the Original Agreement as follows: 1. Paragraph 5 of the Original Agreement will be deleted and replaced with the following: "If not previously terminated as set forth herein, this Agreement shall terminate on December 31, 2015. The Agreement may be renewed annually by mutual written agreement of the parties". 2. Capitalized terms in this Fourth Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of this Fourth Amendment conflict with, modify or supplement portions of the Original Agreement or the First, Second, or Third Amendment, the terms and provisions contained in this Fourth Amendment shall govern and control the rights and obligations of the parties. 3. Except as expressly altered, modified and changed in this Fourth Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 12416/2014 4. This Fourth Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment on the day of 52014. ATTEST: LIM Town Clerk EAGLE COUNTY, STATE OF COLORADO By its County Manager LN Rachel Oys, Acting County Manager TOWN OF VAIL, STATE OF COLORADO By its Town Manager LIN Stan Zemler, Town Manager 1216/2014 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 16, 2014 ITEM/TOPIC: Town Manager's Report 1) Request from The Falls at Vail Association (Pitkin Creek HOA) to rebuild stream bank which is failing near Fall Line Drive in East Vail ATTACHMENTS: Pitken Creek HOA Request - Streambank 12/16/2014 The Falls at Vail Association PO Box 1611 Vail, CO 81658 September 9, 2014 Vail Town Council Vail, CO 81657 Re: Pitkin Creek, North of 1-70, has a partially failed creek bank about 100 yards up -creek from Fall Line Drive in East Vail. This creek bank will fail completely when water levels rise high enough. Please see the attached engineering report from River Restoration, Inc. The Falls at Vail HOA is asking the Town of Vail to follow the recommendations outlined in the attached report and to protect this important Town of Vail water asset. Dear Council Members: Over the past three runoff seasons there has been high snowmelt run off affecting many of the Vail's water source creeks. Pitkin Creek, north of 1-70, experienced severe runoff which caused the much of the west bank of the Creek to collapse and now the creek threatens the adjacent townhome buildings and Fall Line Drive. Several Falls at Vail homeowners and board members contacted the US Forest Service and the Town of Vail in the spring of 2010 to make both parties aware of the problem. The Forest Service representative, Don Dressler, stated that the US Forest Service was not required to rebuild the bank and then, in 2012, the Forest Service move their hiking trail to the east side of Pitkin Creek and re -built their bridge upstream; they did this because the hiking trail collapsed into the creek and the original bridge washed away. We contacted the town again this past spring and we received excellent communication and a prompt response from both Charlie Turnbull and Tom Kassmel. They acknowledged the problem and pointed us to the report prepared by River Restoration in 2010 which clearly shows the damage to the creek bank that needs immediate attention. To quote recent correspondence from River Restoration engineer Dan Wooley "Due to the proximity of the creek to the townhomes and the potential danger to property and life associated with a catastrophic failure, I recommend a highly durable structural solution" and "Given the current condition of the eroding bank and its proximity to the Falls at Vail we believe that some level of mitigation is critical at this site" it is very clear action is required. Additionally, large amounts of sediment are beiniz dumped into Gore Creek further pollutine one of Vail's premier natural attractions. The solution to this problem will cost $50,000 +/- and should be mitigated soon (see bids from River Restoration.) River Restoration is prepared to gather approvals from all of the stake holders including: The Town of Vail, the US Forest Service, White River Wilderness, CDOT, the Army Core of Engineers and the Falls at Vail Association. 12/16/2014 We respectfully request that the Town of Vail give consideration to funding the rebuilding of this Pitkin Creek bank as dealing with this problem after the bank has failed will likely cost much more. A note that the bank will likelv fail durinLy a Pitkin Creek hiL-h water and strone flow event which is aoine to be a real mess to deal with then. Members of the Falls at Vail HOA community and Fall Line Drive neighbors are happy to meet with you in person to discuss options to solve this problem. Thank you, The Falls at Vail HOA, a.k.a. Pitkin Creek Townhome HOA Kirk Hansen, President, Phone # 303.718.7140 PO Box 1611 Vail, CO 81658 12/16/2014 IPA 0 4 + '4 .r �`//,,�� .rte • - ,' `t�`: �; , r � � , a� - 41 J WA A 1 12/16Y2 14~- � � � _ � � ,� by �:• ��� ^ �'�'r � �: � •�y �''� e e �, I+. r 9� M- I � �, v' �� +►may `.� �^ ,04 IF 4r 04. If A&. 4" N, wm. 4 t=Alm� From: Dan Woolley[maiIto: dan.wool ley@riverrestoration.org] Sent: Thursday, June 06, 2013 4:39 PM To: jhansen@sprynet.com Cc: jason.carey@riverrestoration.org Subject: Proposal for Bank Stabilization Activities on Pitkin Creek in Vail, CO Julie, Attached is our proposal to perform engineering, permitting, and construction monitoring of the of bank stabilization of activities adjacent to the Falls at Vail. Due to the nature of this project, we have only included our estimated budget for completion of Phase I of the project to evaluate concept alternatives. Given the current condition of the eroding bank and its proximity to the Falls at Vail we believe that some level of mitigation is critical at this site. We have identified several alternatives in the proposal that may be feasible for repair of the bank. Phase I of this project will allow us to evaluate these alternatives given the currently unquantified physical forces acting on the bank. Subsequent phases will finalize construction drawings, costs, and specifications along with providing construction layout and monitoring services. Please let me know if you have any questions regarding this proposal or if I can be of any further assistance in this matter. Sincerely, Dan Woolley River Engineer www. Rive rRestoration.org PO Box 2123 Glenwood Springs, CO 81602 O: (970) 947-9568 C: (970) 402-2988 12/16/2014 From: julie [mailto:jhansen@sprynet.com] Sent: Thursday, February 06, 2014 6:50 AM To: 'Kirk Hansen'; 'Kirk Hansen' Subject: FW: Proposal for Bank Stabilization Activities on Pitkin Creek in Vail, CO From: Dan Woolley[maiIto: dan.wool ley@riverrestoration.org] Sent: Friday, June 07, 2013 10:28 AM To: 'Julie' Subject: RE: Proposal for Bank Stabilization Activities on Pitkin Creek in Vail, CO Julie, Attached is a cost opinion based on what I believe to be the most appropriate structural stabilization for the bank erosion on Pitkin Creek . Due to the proximity of the creek to the townhomes and the potential danger to property and life associated with a catastrophic failure, I recommend a highly durable structural solution. The attached cost opinion reflects currently anticipated aspects of design, permitting, and construction. Complicating factors could arise from coordination with the USFS, but I don't consider this to be an insurmountable hurdle. Please let me know if there is anything else I can assist you with. Sincerely, Dan Woolley River Engineer www. Rive rRestoration.o PO Box 2123 Glenwood Springs, CO 81602 O: (970) 947-9568 C: (970) 402-2988 From: julie [mailto:jhansen@sprynet.com] Sent: Thursday, June 06, 2013 5:17 PM To: 'Dan Woolley' Subject: RE: Proposal for Bank Stabilization Activities on Pitkin Creek in Vail, CO Thank you Dan for the initial proposal for tasks 1-4. It is hard to determine whether or not we should spend nearly $8,000 without having an idea of what the construction costs would be. I will share this proposal with the town to see if they would be interested in cost sharing. I will let you know the progress I make on my end. Thank you, Julie Hansen 390-0878 12/16/2014 Description Quantity Unit Unit Cost Total Cost Totals Best Management practices/Care of Water Care of Water 1 EA $2,000 $2,000 Access Staging Repair 1 LS $3,000 $3,000 Plant Native Grasses 1 AC $500 $250 BMP Other 1 LS $1,000 $1,000 Sub Total: $6,250 Boulder Bank Stabilization Furnish and Install Install Boulder 40 Ton $170 $6,800 Excavate Unclassified Alluvium 15 CY $80 $1,200 Backfill Alluvium 10 CY $40 $400 Unclassified Haul Off & Disposal 5 CY $60 $300 Furnish and Install Filter Fabric 25 SY $13 $329 Furnish & Install Drainage Net 10 CY $32 $324 Sub Total: $9,353 Revegetation Following Boulder Wall Construction Harvest and Staking of Willow Cuttings 100 EA $3 $300 Furnish and Install Erosion Control Blanket 75 SY $18 $1,350 Furnish and Install Topsoil 10 CY $75 $750 Sub Total: $2,400 PROJECT SUBTOTAL $18,003 $18,003 o GONTENGENCY $2,700 CONSTRUCTION SUBTOTAL $20,703 Lands Survey (LS) $750 Geotechnical Engineering $0 Structural Engineering $0 Utility Relocations $0 Traffic Control $1,000 Hydrographic Survey $1,000 Wetland Delineation $500 Lands and Easements (Permanent) $0 Lands and Easements (Construction) $0 Lands and Easements Processing $0 Construction Bonding/Ins (3%) $621 Mob and Demob (2%) $414 Engineering Design $5,000 Permitting 404, 401 $5,000 Engineering Construction Services $5,000 Vegetation Replacement YR 2 $300 $40,288 12/16/2014 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 16, 2014 ITEM/TOPIC: Appointments to the Vail Local Marketing District Advisory Council PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Appoint four members to serve on VLMDAC for two year terms. BACKGROUND: There are three at large positions available for two-year terms and the fourth position will include an appointment of a Vail Resorts, Inc. representative to serve on the advisory council on behalf of their corporate property owner interest. Interviews were conducted with six applicants at the earlier work session. STAFF RECOMMENDATION: Appoint four members to the VLMDAC for two year terms (Jan. 1, 2015 and expiring Dec. 31, 2016). 12/16/2014 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 16, 2014 ITEM/TOPIC: 1-70 Vail Underpass Project Update PRESENTER(S): Tom Kassmel, Public Works Engineer and FHU Representative ACTION REQUESTED OF COUNCIL: Review an abbreviated version of the project update presented at this afternoons work session with the focus on the Noise Wall and the 3D Model and receiving public comment BACKGROUND: The 1-70 Vail Underpass is a proposed new multi -modal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under I- 70. The purpose of this Council session is to provide the Council and the public with an update on the project budget and cost estimate, and to more specifically discuss the costs, process and schedule for consideration of noise walls. In addition, a 3D model of the project with and without noise walls will also be presented. Please see the Work Session agenda for corresponding Memo and Presentation materials STAFF RECOMMENDATION: Listen to the presentation and provide comments and solicit public comment ATTACHMENTS: Memo Noise Presentation Noise Wall decision I70 Underpass Noise Study 12/16/2014 WIWI Memorandum To: From: Date: Subject Town Council Public Works Department 12-16-14 1-70 Vail Underpass Project Design & Noise Assessment Update BACKGROUND & REVIEW The 1-70 Vail Underpass is a proposed new multimodal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under 1-70. This underpass has been identified in the Vail Transportation Master Plan (VTMP) and the CDOT 1-70 Programmatic Environmental Impact Statement (PETS) as a critical link between the North and South Frontage Roads. The Town and CDOT have entered into a Letter of Commitment and an Inter -Governmental Agreement (IGA) to jointly fund the design and construction of this project with an expected completion date of December of 2017. CDOT, the Town of Vail, and the selected design consultant, Felsburg, Holt & Ullevig (FHU), have completed the preliminary design process based on the endorsed preferred location of the underpass. For reference, each of the past Town Council presentations and Council meeting video links along with additional project information is available at the project website at www.vailgov.com/underpass The purpose of this Council session is to provide the Council and the public with an update on the project budget and cost estimate, and to more specifically discuss the costs, process and schedule for consideration of noise walls. In addition, a 3D model of the project with and without noise walls will also be presented, along with a noise decibel level demonstration. The project team is not specifically looking for a formal decision at this meeting; instead the team is looking for feedback and discussion regarding the topics presented so that a more formal decision can be made at the January 6th Council meeting regarding the funding of potential acrylic noise walls. PROJECT UPDATE Since the November 4th Council meeting the design team has been moving forward with preliminary design and the environmental assessment. The design has progressed to an approximate 30% design level and will continue to progress over the next six months in an effort to complete the final design by spring of 2015. More specifically the following items have progressed: 12/16/2014 • Noise report and summary have been completed and posted to the project website. • Notifications have gone out to the noise wall Benefiting Receptors, to confirm contact information and determine if there are tenants within any units, and informed them of the preference survey scheduled for January. • The project Open House has been noticed and advertised for December 18t" from 4pm-6pm at the Grand View. • The 3D model of the preliminary design has been completed. • Edward Kraemer & Sons has completed a preliminary design level Opinion of Probable Cost of Construction (OPCC). • Construction phasing options have been developed. • The Structural Selection report has been completed and is under review. • Preliminary Utility meetings have been completed regarding the relocation of existing utilities. • Utility relocation layouts and evaluation have begun. • A tree inventory and arborist report for impacted trees is in process. • Environmental Assessment o Probable Class of Action letter of concurrence has been submitted and signed by FHWA for a Categorical Exclusion for this project. o Final Wetland determination is in progress and will be finalized once final disturbance limits are defined o Final Historical, Archeological, & Paleontology determination is in progress o Right of Way and Property impacts are in progress ROW acquisition process is on hold until final limits of disturbances are determined III. PROJECT BUDGET & COST ESTIMATE The conceptual cost estimate for this project was initially developed as a part of the Vail Transportation Master Plan at a Master Plan level. This estimate was updated for the CDOT RAMP application in the spring of 2013, resulting in a total estimated project cost of $20.8 million. A more detailed Opinion of Probable Cost of Construction (OPCC) has been recently completed by Edward Kraemer & Sons(EKS) based on the completed preliminary design(30%) level plans. EKS is the general contractor recently selected to provide pre -construction services and be a part of the project team. The current OPCC is $29 million, not including noise walls, and $8.2 million over the initial RAMP estimate. The $8.2 million increased budget is primarily due to the following: • Construction Costs: $4.2 M Increase • Utility Costs: $0.4 M Increase • Construction Management/Engineering: $2.6 M Increase • Right of Way Acquisition: $1.0 M Increase The Construction Costs revised budget increase is largely due to the current construction market pricing. Highway construction pricing is up over 25% this year from 2013. There is some speculation that a large contributing factor to this is the sheer number of highway construction projects that were on-going this year due to the influx of Town of Vail 12/16/2014 Page 2 CDOT's RAMP funding and the continued Front Range flood recovery construction efforts, which has resulted in high demand for contractors, equipment, and materials. According to the newly released CDOT Construction Cost Index (CCI) report, where an index of 1.0 is the norm, the CCI at the time of the RAMP application estimate in 2013(Q1) was 0.932. The current CCI for 2014(Q3) is 1.268, an increase in the CCI by 0.36. This CCI increase alone reflects a potential $5.2 million construction cost increase for this project. PROJECT FUNDING May -13 RAMP App. Dec -14 OPCC#1 Town of Vail Total Match $ 6.0 M $ 8.4 M CDOT RAMP Match $ 14.6 M $ 20.4 M CDOT PEL Match $ 0.2 M $ 0.2 M TOTALS $ 20.8 M $ 29.0 M PROJECT COSTS Balance TOV/CDOT Split May -13 RAMP App. Dec -14 OPCC#1 Budget Balance TOV Additional CDOT Additional Design $ 2.7 M $ 2.7 M $ 0.0 $ 0.0 $ 0.0 ROW $ 2.0 M $ 3.0 M $ (1.0 M) $ 0.3 M $ 0.7 M Construction $ 14.5 M $ 19.1 M $ (4.6 M) $ 1.3 M $ 3.3 M Const. Mgt./Eng. $ 1.6 M $ 4.2 M $ (2.6 M) $ 0.8 M $ 1.8 M TOTALS 1 $ 20.8 M $ 29.0 M $ (8.2 M) $ 2.4 M $ 5.8 M The Utility Costs revised budget increase is due to the potential additional utilities that will have to be relocated and funded by this project. A typical CDOT project would only pay for the relocation of public water and sanitary sewer utilities. All "dry" utilities (phone, gas, electric, cable TV) typically are paid by the utility company. In this case, because the phone lines and one of the high pressure gas lines were installed prior to the interstate and had recorded easements/rights prior to that time, these two "dry" utilities will have to be relocated at the cost of the project. The Construction Management/Engineering revised budget increase is specifically due to the standard 22.1 % applied on top of the construction costs of all CDOT projects to cover CDOT's oversight and management of the construction of the project. This equates to $4.2 million for this project. This standard rate was not provided at the time of the RAMP application budget. The original RAMP application budget included a 10% construction management cost, or $1.6 million. Town of Vail 12/16/2014 Page 3 The Right of Way acquisition revised budget increase is primarily due to the speculative nature of these costs. Currently the assumed cost per acre for the sale of land being used is $5 million per acre. This is in contrast to the $1.5 million per acre for nearby land costs that have been purchased in the past, most notably the expanded Red Sandstone park parcel in 2010. Once we begin the acquisition process, in the spring of 2015, a more detailed appraisal will be completed and this estimate will be refined. As the project progresses, the project team will look for opportunities to reduce and refine costs. Some areas that may have the potential to reduce costs include: • Construction phasing • Minimizing haul distance for exporting of excavated material • Reducing the overall retaining wall square footage • Utility relocation alignments • Additional grant opportunities and/or funding partners At this time it is projected that the project cost, excluding noise walls, will be $29 million dollars. In order for this project to be constructed both the Town of Vail and the Colorado Transportation Commission will be asked to increase construction funding this coming spring. Currently CDOT staff and the Town of Vail staff are assuming that the Colorado Transportation Commission will maintain the current project funding split of 29%/71 %, Town of Vail / CDOT respectively. If this is the case, then the Town of Vail will be required to fund an additional $2.4 million dollars and CDOT $5.8 million dollars. Therefore, the total Town of Vail contribution to the project will potentially be $8.2 million and a total CDOT contribution will potentially be $20.6 million. The Colorado Transportation Commission is also currently evaluating all RAMP project budgets due to construction cost estimate increases and will provide direction regarding all RAMP projects in early 2015. A formal request for additional funds for the 1-70 Vail Underpass project is anticipated to be submitted to the Town of Vail and the Transportation Commission within the second quarter of 2015, after the project's design is at a 90% completion level and project costs have been updated. Project Betterment Costs In addition to the above project costs, the Town may desire to include enhancements to the project, known as project betterments. These betterments are considered to be improvements that are over and above the typical improvements that would be required for a project of this nature. Betterments will generally be a desire of the Town that is not necessary for the completion of the project and therefore will need to be funded solely by the Town. Example betterments for this project may include: • Increased or improved landscaping • Art in Public Places • Enhanced facade on retaining walls • Extended path to Westhaven Drive along the South Frontage Road As we continue through the design process these project betterments will be further identified and evaluated between the Town and CDOT. CDOT has identified the Eagle Interchange project, just recently completed, as a comparable project. Town of Vail 12/16/2014 Page 4 Project Funding The Town of Vail's funding portion for this project is currently funded through the Vail Reinvestment Authority which is funded by the Lionshead Tax Increment Financing dollars. The Town Staff will provide funding options at a future Town Council meeting. IV. CONSTRUCTION PHASING In order to construct this project in a manner to minimize impact, risk, and construction duration, the project team has developed preliminary construction phasing options. These phasing options provide an overview of how the project can be constructed and what the potential impacts will be. Construction phasing for the project has the potential to reduce or increase project costs as well as project schedule and risk. The project team, working with Edward Kraemer & Sons, has developed three initial project phasing plan options: • Option #1: Full Frontage Road Mobility • Option #2: Partial Frontage Road Mobility • Option #3: Seasonal Frontage Road Closures Each option has different levels of cost impacts, and schedule/risk impacts. The current OPCC includes the costs for Option #2, Partial Frontage Road Mobility. The project Team will continue to review the phasing plan options and provide initial estimated cost, schedule and risk assessments. We will continue to evaluate these phasing plans, based on project goals and criteria, including: community impact and input, costs, schedule, and risks. Once the evaluation is complete the options will be represented to Council. The phasing plan options are attached. V. NOISE WALLS Background 1-70 noise in Vail has been an on-going issue for over 30 years. The most recent community wide noise study was completed in 2005. Specifically with regards to possible noise walls, the 2005 study, prepared by Hankard Environmental, identified two locations in Vail where noise walls may be reasonable and feasible to install. The first location was along the North Frontage Road in the same general location that has been identified with the Underpass project, from the west end of Timber Ridge to Red Sandstone Road. The second location was identified along the South Frontage Road from West Gore Creek Drive to Matterhorn Circle. All other locations that were evaluated were determined to be either not reasonable or not feasible for the installation of noise walls according to the CDOT guidance in place in 2005. The complete 2005 noise study is available at http://www.vailgov.com/docs/dl forms/Vail Noise Mitigation Report with Appendix- Hankard Oct 05.pdf. In 2005, noise walls were not considered preferable due to costs and aesthetics. Therefore other noise abatement options including the East Vail sand storage berms, quiet pavements, 1-70 speed enforcement, and in-home noise audits were looked at Town of Vail 12/16/2014 Page 5 more favorably. However since that time, as a part of the 2014 Council Action Plan within Focus Area III, Continually Elevate the Quality of the Experience, within the section noted as "Review mitigation strategies to reduce impact on 1-70", the direction provided by the action plan is to pursue a noise wall demonstration project. 1-70 Underpass Project Specifically with regards to the 1-70 Vail Underpass project, FHU has completed the Traffic Noise Impact & Abatement Assessment in accordance with current Federal and State laws and guidelines. Based on their findings, noise impacts were identified and the construction of noise walls to abate traffic noise has been found to be reasonable and feasible, pending the results of a preference survey of the Benefiting Receptors. A Benefiting Receptor is any noise sensitive receptor, or exterior space that people frequently use which includes yards, decks, balconies, and outdoor recreation or communal areas, that receives 5 decibels or more noise reduction from the abatement measure, or in this case the noise wall. If the noise wall is supported by a majority of the Benefitting Receptors, it is then recommended to construct an approximately 3,400 foot long wall with an average height of 14 feet along the north side of 1-70 beginning at the main entrance to Timber Ridge (bus stop location) and continuing east just past Red Sandstone Road. Further design and optimization of the wall will be needed if the majority of the responding Benefiting Receptors preference survey are in favor of the noise wall. After which time additional public involvement and design will occur to determine the final length, height and aesthetics. The current estimate prepared by Edward Kraemer and Sons for the construction of this conceptual noise wall is $4.9 million. This additional cost is not part of the current Opinion of Probable Cost of Construction discussed above. This cost also assumes the noise wall will be a concrete post and panel wall with various color and textures applied, as seen in the attached examples. It has also been assumed that if additional funds for the project are approved by the Colorado Transportation Commission, this type of typical noise wall would be paid at the 29%/71 % cost split, or $1 AM / $3.5M split between the Town and CDOT respectively. However, if it is determined by the Town that the noise wall should be constructed from some other material (i.e. clear acrylic), then the cost is estimated to increase by $0.8 million, for a total of $5.7 million for an acrylic noise wall. The enhancement of wall material would be considered a betterment and would have to be funded by the Town. Thus an acrylic noise wall will cost the Town $2.2 million, assuming CDOT will still maintain their portion of the basic noise wall split of $3.5 million. If the noise wall is supported for this project by the Benefiting Receptors, the project will be required to include it. Therefore, funding for the entire project, including the noise wall, must be available prior to the start of construction or the project will be delayed until completely funded. If the project is delayed beyond a completion date of 2017, the CDOT RAMP dollars may be re -appropriated and the funding would be lost. Town of Vail 12/16/2014 Page 6 Concrete vs. Acrylic Noise Walls Characteristic Concrete Clear Acrylic Advantages Less costly Preserves viewshed Readily available; numerous suppliers Less shading Durable and strong Lighter material Variable finishes through liners/stains Less maintenance Rough surface would reflect less sound Disadvantages Blocks viewshed and opaque More costly More shading Few suppliers and proprietary Susceptible to vandalism Glare from reflected light Heavier material More types of vandalism and damage Potential bird strikes May lose transparency with time More maintenance (cleaning) Smooth surface reflects more sound On-going Clean drainageways Clean drainageways maintenance Repair/replace damaged panels Repair/replace damaged panels Remove graffiti Remove graffiti Clean acrylic—weather dependent Curved/ Cantilevered Barriers One of the simplest ways to reduce barrier height is by angling the top of the barrier toward the traffic. This puts the diffracting edge of the barrier closer to the traffic source than for a comparable vertical barrier. Examples can range from simple cantilevers that move the top edge a foot or two to large canopies that can cover entire traffic lanes. These encroachments must maintain 17.5 foot vertical clear zone for 1-70 vehicles. FHWA has provided the following guidance on these type of tops for noise barriers; There has been limited research into varying the shape of the top of a barrier for the purpose of shortening barrier heights and possibly attaining the attenuation characteristic of a taller barrier. The technical rationale is that additional attenuation can be attained by increasing the number of diffractions occurring at the top of the barrier. Shorter barrier heights could improve the aesthetic impact on communities and motorists by preserving more of the view. Studies have shown that a T -profile top barrier provides insertion losses comparable to a conventional top barrier when the difference in their heights is equal to the width of the T -profile top. When the two barriers are the same height, the T -profile top barrier has been shown to provide an additional 2.5 dB(A) insertion loss over the conventional top barrier. Y- and arrow -profile tops also performed better than conventional tops, however, to a lesser degree than the T- profile tops. Cylindrical, pear-shape, curved, and Thnadner top barriers have not shown substantial benefits, unless an absorptive treatment was incorporated into the barrier tops. Town of Vail 12/16/2014 Page 7 Although there are some acoustical and aesthetic benefits associated with special barrier tops, the cost of constructing these shapes typically outweigh the cost of simply increasing the barrier's height to accomplish the same acoustic benefit. These curved/cantilevered tops have not been included in the project cost estimates. Noise Wall Survey Process The survey process and schedule for the noise wall preference survey is provided in an attached summary document. A brief overview of the process is provided below: • Property owners and residents/businesses (if applicable) of locations that will receive at least a 5 dBA noise reduction from the proposed noise wall will be eligible to participate in the preference survey (see table below) • Each location will be allocated 2 votes/points-1 for a resident/business (if applicable); the remainder (1 or 2) will go to the owner • A simple majority of the responding preference survey votes will determine whether or not the proposed noise barrier is supported and thereby included in the project • Ballots and explanatory survey packages will be mailed to participants in January 2015 with 3 weeks allocated to return ballots • Representative simulation of the noise wall will be included • Final decision on support for the proposed wall expected in February 2015 Condo Complex Benefitting Receptors Total Votes Percent of Total Breakaway West 29 58 14.3 Savoy Villas 22 44 10.8 Simba Run 52 104 25.6 Snow Fox 10 20 4.9 Telemark Townhouse 10 20 4.9 Timber Ridge 68 136 33.5 Town of Vail (Bike Path) 1 2 0.5 Vail Run 11 22 5.4 TOTAL 203 406 VI. PROJECT DECISIONS The 1-70 Vail Underpass project has been an important project to both the Town of Vail and CDOT over the past 25 years. The project has been part of multiple Vail and CDOT planning documents, highlighting the projects importance for Vail's connectivity and congestion relief at Vail's interchanges. The commitment to this project has been most recently shown with the joint partnership between the Town of Vail and CDOT for this project, having a funding split of 29% and 71 %, respectively. Town of Vail 12/16/2014 Page 8 At this time the project has completed preliminary design and will be requesting a vote of the Benefiting Receptors as to whether they are "For" or "Against" a noise wall in this project. Critical to that question is whether or not the Town of Vail will fund the additional cost of an acrylic noise wall. With this in mind the major funding question that needs to be considered at this time is; • If the majority of the responding Benefiting Receptors are in support of a noise wall, is the Town Council in support of providing additional funding for the Construction and Maintenance of an acrylic noise wall? o Capital cost estimate: $2.2 million ($1.4 M Basic split + $0.8 M betterment) o Cleaning of acrylic panels: $20,000 per occurrence (—$240, 000 per year if done monthly) o Maintenance repair: $15,000 per year Weighing into this decision it is also important to understand the full project budget and the future anticipated questions this spring once the project design is complete: Is the Town Council in support of providing additional funding for the base cost of the Project in the amount of $2.4 million? The estimated costs above assume that the Transportation Commission will also support additional funding for this project in accordance with the current funding split. Staff is not looking for a final commitment at this time for overall Project Funding. This commitment will be brought back to the Council more formally in the spring of 2015 when the design and construction cost estimate has progressed to 90%, and after the noise wall survey is complete. However, Staff will need a commitment from Council on whether or not Council is willing to fund the incremental cost for an acrylic noise wall. This is critical for the Benefiting Receptors to understand whether or not acrylic noise walls are being proposed as the suggested mitigation. Since this potential betterment to acrylic walls is optional, the Town may choose not to fund the acrylic wall. If this is the case, then the survey ballot will specifically state that the noise wall will be a concrete post and panel colored and textured wall. If the Town chooses to fund an acrylic noise wall, then the survey will state that the Town has committed to provide additional funds to preserve an acrylic noise wall as an option. (See attached example survey questions) VII. STAFF RECOMMENDATION Staff recommends that Council listen to the presentation and ask questions with regards to the project in order to allow the Council to answer the Project Decision question above regarding the financial commitment to provide a concrete or acrylic noise wall at the January 6, 2015 Town Council meeting. Town of Vail 12/16/2014 Page 9 VIII. NEXT STEPS The design team will continue to move forward with the project design and the environmental analysis, including but not limited to: • Further refining the preliminary design; finding the 'best fit' design with emphasis on reducing encroachment and impacts on private property, Gore Creek, and mitigating visual impacts. • Completing the structural selection for bridges and retaining walls. Taking into account structural needs, impacts, aesthetics, and wall heights. • Evaluating project mitigation measures for adjacent properties and other sensitive areas such as wetlands and Gore Creek in close proximity to the proposed project related to environmental impacts, including Visibility, Noise, Aesthetics, Landscaping, Lighting, Air and Water Quality. • Host a Public Open house on December 18t", to provide the public with an update on the project design and an update on the noise wall impacts and decision process. • Send out the noise wall preference survey by mid-January. • Formally request additional funding from the Town and the Colorado Transportation Commission this spring for the project construction based on a refined Opinion of Probable Construction Cost It is important to note that this design process is iterative, dynamic, and will continue to evolve as each design element and component is analyzed. The design team will analyze each design element in accordance with best engineering practices and required design standards to develop a final project that meets the projects goals and that will be safe and operational for years to come. As we continue through the process the design team will continue to update and receive input from the Town Council and the Community on the projects progress and any notable changes. IX. PROJECT PROGRESS SCHEDULE It is critical to the success of this project and its completion by the end of 2017 that we stay on schedule. This project is complex and has numerous entities and stakeholders that need to complete a thorough review. The remaining 16 months of design and property acquisition may seem like a substantial amount of time now; however, it is a highly compressed timeframe. As we continue through this collaborative process the following is a list of key design milestones and more formal public input opportunities anticipated to occur during the design process. As this process is dynamic, these dates may fluctuate as the project develops: December 2014 December 2014 January 2015 February 2015 Town Council (Update Costs, Noise Process, 3D Model) Open House (Update, Noise Assessment & 3D Model) Town Council (Finalize Noise Wall Survey) Town Council (Design Update, Noise Survey Results) Town of Vail 12/16/2014 Page 10 March 2015 Town Council (Design Update April 2015 Town Council (Final Design Complete & Funding Request) April 2015 Open House (Final Design) April 2015 -Jan. 2016 Right of Way plans and property acquisition process January 2016 Final Environmental Clearance (FHWA) March -April 2016 Construction Documents, Bid & Award, Open House May 2016 -Dec. 2017 Construction As the project progresses public input can be provided continuously through the project website at www.vailgov.com/underpass and through specific stakeholder meetings and correspondence. X. ATTACHMENTS Presentation Noise Study Summary Noise Survey Process Summary Town of Vail 12/16/2014 Page 11 COLORADO • Department of Transportation TOWN OF I-70 Vail Underpass Project Update • Preliminary Design Complete (r-430%) • Noise Report Complete • Preliminary Design OPCC#I Complete • Construction Phasing Options in Review • Structural Selection Report in Review • Arborist Tree Report in Progress `i�al�[',JJQ@J I[! , rte'` ., JW A'.jk '12/16/2014 COLORADO • Department of Transportation rowm of van: Project Cost Update • $ 6.0 M $ 8.4 M �• $14.8M $ 1.6 M $20.6M 20.8 M $ • $20.8M $ 5.8 $29.0M M) Dec -14 OPCC#1 2.7 M 3.0 M 19.1 M 4.2 M 29.0 M `i�al�[',JJQ@J I[! Wl� May -13 RAMP App. $ 2.7 M $ 2.0 M $ 14.5 M $ 1.6 M $ 20.8 M Dec -14 OPCC#1 2.7 M 3.0 M 19.1 M 4.2 M 29.0 M `i�al�[',JJQ@J I[! Wl� TOV Additional Budget 0.0 Balance $ 0.0 M $ (1.0 M) $ (4.6 M) $ (2.6 M) $ 5.8 (8.2 M) TOV Additional $ 0.0 Additional $ 0.3 M $ 1.3 M $ 0.8 M $ 2.4 M CDOT Additional $ 0.0 $ 0.7 M $ 3.3 M $ 1.8 M $ 5.8 M Colorado CCI - third Quarter (Ending September 30, 1014) i.Qm 1."m LOOM 341 3 OLWO s a6= QA000 NMI NO -E 2 ago LAM LIS90 li 7 Ql323 GLOOM a d .. -M s a a a a a e d e NOTE 1; Date Detiween 2011 Q3 Wd 2011 Q4 We CGICL a".eo from prernefarr publsneC fists witf+ iS87 e: Case year. -enze0 to 2Gt2 Q1=10000 NOTE t Do% from 2012 Q1 end fi ter We CSI._ e0 q.. - r ri:, Ices+ Ir4cm CDOT CCI: 2013 Q1= 0.932; 2014 Q3=1.268 `i�al�[',jjQ@j I[I COLORADO Department of Transportation TOWN OF VAIL-: Cost Reduction Opportunities • Construction phasing • Minimize haul distance for exporting of excavated material • Reduction in retaining wall square footage • Utility relocation alignments • Additional grant opportunities and/or funding partners `PIQ[0,jPQ@jj[! COLORADO Department of Transportation TOWN OF VAIL-: Project Betterments • Increased or improved landscaping • Art in Public Places • Enhanced facade on retaining walls • Extended path to Westhaven Drive along the South Frontage Road `ial�[0,JJQ@J I[! COLORADO Department of Transportation TOWN OF VAIL-: Construction Phasing Options QPTI.ON_1 LPHASE_7= " PT9 N 1 PHASE? I->0 CROSS R'w ,�// F . i - • � 1 a -t - 1 } Apd 261Bv 6 uuOh Ap 2016 Of F P /.. Aug- M 16 dvouo Sepl^me,er 2016 South Fro SouMago Road Co^aducW _ i ww 5FR0F i�P GC'� E88nd0e Co-t—ro 1� �. ��� .• • !. y fl � T I e j r .{•Yy. Q,/ /•` �'f .1 l� j CO%STRUCiR)4 AREA'r -t I•�1� 0 4 CONSTR-{y�IC•//�TTII�IO�ONAF t IENpORAkY BARKER--� Y a AETOUR PAVCMCNIPr PToCROSSOVER SfR CROSSOVER l {, w+' ., V i OLF PAGE SouM Ffomape Road oA E81.7 _ . i • , 5 II �! ww E9 670 m 0e POYgIIK^I N /� yyyys�� �- yy ♦� Saud+ F,-"Roa4 Ope^ . �� ER 1.20 m Oemu. Pavement OPTION 1 I AHASE: QPTI N 7 f VHASE 4 _ OLWbe 2016 th,"N Na -b" 2018 !� ww 7 Nowembar 2016 dxouyh OnaEer 2017 ' � ' '• / : �'`. i WB Bntlac Cana}NCaM /' " Np,A FIaIEage Rom a.ul l).^de+pass Canabu<Lon ' 7 / �) % •%/ `kFP CFtO550YER1 `/ 1. Q / • .l.1 GONSTRVCTIONARfA NEw.CTOuk aAVl x•e Ni CONSTRPCl10Y AREA A,p'..NALV i@ y hwACE i ONEW,616 Er-' I;fR CROSSOVER DD{0 ET, RMD`TN y�~ 6• TENaORARY 6RlrOOE / d `1 -- NRI .70 rn TJ•— Pavement 111•,_ '4' y NwNFronlaOe Roadon W8170 • � "' .� �f� i.. 'Y� ¢ ' A' Jae. K/ •>�/� w IiV81 70 an Delau Pavemrn[ • E• COLORADO Department of Transportation TOWN OF Vali 12/16/2014 OPTION 2 1 PHASE 1w sro.�nnww.SE��,w.womc.rE,waws/+«I OPTION 2 1 PHASE 2 APN M16 nrauRA anon 2016 :? ! j�/ 'j vne m+shorc,ron 2016' F R siM K'6 Briepc Co�xtructron �. I "C' SWIG .N W. F,,n vgv Rw0 C~W- r /" / INOLE LAtiE CR65SOYER. 1 /--- -'/ f DCTOVRC%OSSOVER OFL PAOE a / OEE PAGE ABRI-1F 14.011. CW.'STRUCIIO\ARCA CONST f J � [ON57RI.IUCTION ARfA ✓�L //////// � _ '� I'� 1;r;, /rO //'� �j• °�; T. y. DETOUR vnvEREM1 TEMPO"" BARRIER /.•'�- P.a —WW TYPE 7 / y CROSSOVER �j, iENPORAAY BARRIER / r } f'q�♦ taE` sem. * �.'t •''J /�-y �.- aETOVN M\!ENENT+...� �• ��• A. x, 1£PPa%ARV BhNRit% .. J\ •': t . I.TO Nanus F."d- ` �,{WOEE UNE CROSSOVER .I4oa0 eo rkaO Traffic on F70 i '!` < • FloMapwR�a�m���O�n��e� War '+ DFF PACE /,J y • F,-I.W Roads M— N. lm Rm:t* '' l wri+lllV�•� Arca .•,- � � �1 TFuo.,yr PTI N 2�_PHA SE 3 S OPTION 2 1 PHASE 4 N9nemt%r 2018 fN W qN APAt 2047 W, 7011 medpn OYtaRY 2017 UnderOass CmaDuaon r? i_ y i 3 Ro:wn to Prue 2 Con!g,raYon DETOURCRO R FNI Aa96nMKY arq lanOSCaPiBD' a. LLL T .. OFF PAOE. POTENTIAL TEMPORARY RAVENEYT l CONSTRUCTION ARfA�% , i ` ^� cONSiRUGTION AREA ,.y�•'/ S `Q Tx �' DETOUR PAVEMENT0k; .t 1" 11E ! 7�, _ rErPORARr R.AaRIE% ��;/ • `icr no RAR - /. _ / tons j - P4 EVENT GKOSSaYEN r� nnrollltpkv[YExT r•'' 0.i t TYPE 1 ' •� , �� � y -`- • FEYPORARY BARRIER •� • F0 NPrma1 Fungnh •i ,i . A • AA Trek h Normal Canigwaam 4 _ - Fr7o'NaDo Roa-0IF 01 Y7 T I TiVough Carsirusloe Ales ' a• COLORADO e Department of Transportation TOWN OF VAIL `F,QI IEAI OPTION 21 PHASE 2 EB arv7 Apra 2p:8 [AroueN Juno 20t8 � � � fel YRi &dOr Coms�unran (�, % ( SaRA Frmtay Road CawuakR _OFF PAGE /!• .F f,'� i LOItU<I.ANO {= IfP YVPET SfR CI:U)EU UVR:NG f TERPOItARY BARfpER ��P E=LE [ANE CROSSOVER f f ,. `A Head to Hew T,04.;-70 .�, h `i• 1 5 - n $pyF� Fronlepc Roe4 CINeA FF PAGE `e 'Y�J .: ♦ +, NO UNpAdl fe FreAN,je Ra.4ee (` No* Ft~ Rodd 0.� r,', )T f1 !r�r E ♦ � f` �' �. NamoI F..b. I L_ PTION J LVHASE A_ _ F. 3 T' .j— .9 1 7 ' M2017Mroy�Ob2077 POiENFl\LlE#O %S�C•GN—b.20160-0t*APa 2017 - - I {'_F •y 4 UnhNes04ag0UCOM r� D .../ Nomn F.mLyle p.m Cm— ' A f� * h •� �v UNOER PASS CONSTROCT104 AREA / L CO::STRUCTtO•: ARCA 0 - 1 POTENIIAL UPMRARY ACCESSWW WA 'Cr I�%-/ _ _. _ � • _ _FOR CCMTR 'F-' C • P y ✓ G. f _ ,� y '� 7 - N Tr•14 n Nanta Cdnlpx•pon i i N. N F—"g. Read Cl—d } ¢ 1.70"S— Fro E w Read �ij !• ' � Normd FurRbon •• COLORADO Department of Transportation TOWN OF VAIL `P,QI IEAI • COLORADO Department of Transportation -1 TOWN OF VAIL.00 1-70 Vail Underpass Noise Process Update I�y IF' , J, j I [',jjQ@j I[! COLORADO • Department of Transportation TOWN OF Noise Study Process Review Previous Council Briefings: • March: Initial NEPA process briefing • July &August: Noted as next steps • November: Noise Report &Process Summary Current Status: • Noise report complete and posted to website • Outreach to Benefiting Receptors in progress • Public Open House—December 18tH • Noise Wall Survey—January IF' `j[jPQ@jjEAj COLORADO • Department of Transportation TOWN OF Vail Noise Environment • I-70 is the predominant noise source • Noise impacts in the study area from I-70 traffic, not the new underpass • Traffic noise has been ongoing and much discussed subject in Vail • Town 2005 Noise Study recommended 2 wall locations • Council Action Plan 2014: Demonstration Noise Wall project `FIQ[',JJQ@J I[! COLORADO Department of Transportation TOWN OF VAIL-: Noise Abatement Evaluation Process • Abatement must be considered when impacted • Examine barriers and other abatement options • Abatement must be feasible and reasonable to be included in project • Last remaining question on barrier is preference of benefiting receptors (Reasonableness) `FIQ[0,JPQ@JJ[! `fPJADING EI COLORADO Department of Transportation TOWN OF VAIL-: Noise Wall Material • CDOT typically provides concrete post and panel walls with aesthetic texture &coloring • Other CDOT-approved materials may be considered, such as clear/acrylic or aluminum • Municipality typically responsible for any added noise wall costs IF' `j[jjQ@jjEAj •Characteristic• •' Less costly Preserves viewshed Readily available; numerous Less shading suppliers Lighter material Durable and strong Variable finishes through liners/stains Less maintenance Rough surface can reflect less sound Blocks viewshed and opaque More shading Susceptible to vandalism Heavier material Clean drainageways Repair/replace damaged panels Remove graffiti `F,QI IEAI More costly Few suppliers and proprietary Glare from reflected light More types of vandalism & damage Potential bird strikes May lose transparency with time More maintenance (cleaning) Smooth surface (reflect sound) Clean drainageways Repair/replace damaged panels Remove graffiti Clean acrylic—weather dependent PAFILCDOT co v=I Ela" siq- �� TG Summit County, CO - 5 " Mountain Corridor v it i'Sl Dillon, CO r s COLORADO • Department of Transportation Concrete post and panel noise walls Design possibilities TOWN OF VAIL - Samples from another noise wall project - Line & Form Mr Elt ' ' idid �M-- `i�,JAI IEAI Color Texture �. U - � .ssri PAFIkCDOT - A Ix , : 2-A A , 10. iN Or Texas Irrt Source: Acrolith 0 COLORADO Department of Transportation TOWN OF VAIL-: Special Noise Barrier Tops/Shapes • Special designs and tops to barriers have been developed: curved, "T", "Y", bulbs, etc. • Goal typically is to improve noise reduction for the same height wall or for retrofits `PIQ[0,jPQ@jj[! COLORADO Department of Transportation TOWN OF VAIL-: Special Noise Barrier Tops/Shapes Although there are some acoustical and aesthetic benefits associated with special barrier tops, the cost of constructing these shapes typically outweigh the cost of simply increasing the barrier's height to accomplish the same acoustic benefit. (FHWA Noise Barrier Design Handbook, 2011) `Pa`rjPz@jjEAj COLORADO • Department of Transportation rowm of van Estimated Noise Wall Costs • -RWIN9. - 4.9 M 1.4 M 3.5 M 5.7 M 2.2 M 3.5 M Cost based on 3,400 LF of wall at average height of 14 ft Cost split based on current RAMP funding split of 29%/71%, assumes Colorado Transportation Commission will approve additional funding Acrylic wall will required additional maintenance funds from Town of Vail — N$2O,OOO per cleaning of clear acrylic panels — N$15,OOO per year for anticipated maintenance repair 12/16/2014 COLORADO Department of Transportation TOWN OF VAIL-: Audio Demonstration D 3D Model Presentation COLORADO • Department of Transportation TOWN OF Noise Barrier Survey Plan • Outreach in November/December to provide information, confirm owners and residents • Survey of benefitting owners and residents to be completed in January • Decision on noise mitigation based on survey results (receiving more than 50% support) in February `ial�[:if14i11[! COLORADO • e Department of Transportation Survey/voting process • Noise wall survey in January • Two votes per unit (owner and resident) • Survey by mail with three week response time TOWN OF Far �!ro I -id Veil °° rou wens a nose wap °" P` 1'tt. YES. IWanta 'h"� flOi32 Wa1L ���� Wdllid fl9lgP 4 Wail. Noise wall is included in project if supported by greater than 50% of responding benefitted receptors `P,QI IEAI COLORADO �w Department of Transportation Example survey question For the 1-70 Vail Underpass Project, do you want a noise wall constructed along westbound 1-70? YES, I want a U noise wall. NO, I do not L] want a noise wall. Response requested by January 30, 2015 12/16/2014 TOWN OF VAIL rows, oror F or the ., 70 Vail Underpass pro do you want a n lett, Bion noise wall constructed $ westbound 1-7o? A 74 roo[ teu Ora 9.400 r bame+� yr Ue pefr� �s +� ara West VnR[omme,y� e1� "^P'4rerr[e.[t assorr.��ror4art°nadic nase��^[cs fT"s qq ate[r w,tn camaefl.attk Mro •eaucrrn tta [o400n��0n[to °Oe�d Fa earn MnrH�,m,�.traea [+c.ter w��W���OeciDNs tht�O�tail herMrariasRwer°� MeteNrr[t ar t�Ueto Nse tr+ada Oe tiuh a[ Th" stas�y ry tsarDY ; ra al�r`T�M ata. erc �o� sNr.eK ,,, [n�: YES I y�r A�rett Axe ��Ury Are `ouAMY [he hnrnetsy�a,�e . ant a C1 noise wall NO, I do not want a noise wall. 4so�fniq RtecyrnlDa__ COLORADO • Department of Transportation TOWN OF VAIL: Distribution of Survey Ballots COLORADO • Department of Transportation TOWN OF COUNCIL DECISIONS January 6t": Is the Town Council in support of providing additional funding for the Construction and Maintenance of an acrylic noise wall? — Capital cost estimate: — Cleaning of acrylic panels: — Maintenance repair: $2.2 million ($1.4 M Basic + $0.8 M Acrylic) $20,000 per occurrence (-$240k/yr if monthly) $15,000 per year Spring 2015: Is the Town Council in support of providing additional funding for the base construction cost of the Project in the amount of $2.4 million? The estimated costs above assume that the Colorado Transportation Commission will also support additional funding for this project in accordance with the current RAMP 29°0/71% funding split. `i�,JA[',JJQ@] I[! OT TOWN OF ; 1-70 Vail Underpass Noise Barrier Decision Process Summary 1. Finalize Noise Report and Noise Summary and post to Town of Vail website -11/20 2. Continue outreach to affected HOAs to provide information on noise results and the upcoming survey process—Nov/Dec 3. Compile list of owners who are benefiting receivers by complex –11/24 - match benefitting outdoor use areas to unit numbers based on analysis results and floor plans - identify owners of record for each benefitting unit based on county ownership records - identify common areas that benefit, and the owner/representative for them - Confirm unit numbers and ownership with Property Managers by 12/5 4. Meet/coordinate with complex property managers to obtain any available information on non -owner residents—Nov/Dec - provide list of benefiting unit numbers for each specific complex to the specific property manager - obtain information from property manager on non -owner residents, including contact details - if information on non -owner residents cannot be obtained from the property managers, other means of determining this will be considered including mailing to owners 5. Update Town Council –12/16 Work Session and Evening Session - Work Session: Project Budget, Noise Wall Costs, Noise barrier decision process, Council input on potential for funding of barrier betterments and wording on survey, Noise barrier simulation (or outdoor example) - Evening Session: Noise barrier decision process, 3-D rendering, Prospective wall material and finish options 6. Public meeting -12/18 - Update on project, 3D Model - Information on noise impact results and survey process - Simulations of potential noise barrier and noise simulation 7. Town Council Meeting– 1/6 November 2014 12/16/2014 Page 1 of 2 OT TOWN OF VAIL'` 8. Conduct benefited receptor preference survey—January - Distribute information on wall length, height, available materials, aesthetic treatment, and yes/no ballot on whether they desire a wall or not - Two votes per benefited unit, owner and resident, if no non -owner resident then owner casts both votes - Send survey by certified mail to benefiting owners and non -owner residents, include return envelope postage paid. - For benefited common areas (tennis court, swimming pool) HOA board would vote. Send by certified mail, two votes per area. - For benefitted public trail, Town of Vail would vote with two votes per receptor. - Specify 3 week response time 9. Tally benefited receptor survey results and determine barrier outcome—February - Simple majority of benefited receptor votes received decides whether noise wall is supported and included in the project or not - Votes will be tallied together, with one decision on the recommended wall (i.e. individual complexes not tallied separately). 10. If barrier is supported by majority responding, begin coordination and outreach on materials and aesthetics—March-June - Initiate discussions with Town of Vail, PLT, and public on wall aesthetics and selection of finishes - Continue to provide updates via Town Council and Town of Vail website November 2014 12/16/2014 Page 2 of 2 TOWN OF VAIP 1-70 Vail Underpass Noise Study Summary The Town of Vail and CDOT have completed a noise study for the proposed underpass under 1-70 near the Simba Run Condominiums. The following addresses some general questions about the noise study, summarizes the findings of the noise study, and outlines the process the project team will follow to determine whether a noise wall will be included in the project. CDOT Noise Analysis and Abatement Guidelines CDOT Noise Guidelines, based on Federal Regulations, require this project to assess noise impacts and evaluate noise abatement because this project includes major road modifications and noise receptors are present that may be impacted. Q: What are noise receptors? A: CDOT identifies a noise receptor as a one of number of activities or land uses. CDOT has noise abatement criteria that define when an impact occurs (see below) for these categories of activities or land uses. Those that apply to this project include: - Residences (Category B) - Active sport areas, trails, and picnic areas (Category C) - Hotels, time-share resorts, and restaurants (Category E) Q: How are these receptors considered? A: The evaluation location for these receptors is an exterior space that people frequently use and would include yards, decks, balconies, and outdoor recreation or communal areas. Q: What receptors have been identified for this project? A: Residential, recreational and commercial receptors have been identified in the project area on both the north and south side of 1-70. Q: How does CDOT define a noise impact? A: A noise impact exists if one or both of the following would result from the project: - Noise level equals or exceeds the noise abatement criteria for the receptor type. The noise abatement criteria are 66 decibels (dBA) for Category B and C and 71 dBA for Category E. - A substantial increase in noise level occurs (defined as 10 dBA or greater) Q: How does CDOT decide to provide noise abatement? A: Abatement will be provided if it is feasible and reasonable. Feasible means that the abatement: - Must achieve at least a 5 dBA reduction in projected noise levels for one or more impacted receptors - Must be constructible within normal engineering standards - Walls cannot exceed 20 feet in height - Must meet maintenance and safety considerations and not cause unacceptable environmental impacts November 2014 12/16/2014 Page 1 of 3 TOWN OF VAIP Reasonable means that the abatement: - Achieves 7 dBA design goal reduction in projected noise levels for one or more benefiting receptors - Meets cost benefit requirements based on the level of noise reduction per receptor - Is supported by more than 50% of the benefitting receptors—a benefitting receptor is any noise sensitive receptor that receives 5 dBA or more noise reduction from the abatement measure Q: What other considerations go into the decision and design of the noise abatement? A: CDOT will follow the required process to determine feasibility and reasonableness. If it is determined that the project will include noise abatement, design considerations will include the Town of Vail design standards; CSS Crest of the Rockies design guidelines; the cost, durability and maintainability of barrier materials; available space in the project area; stakeholder input; and other design opportunities and constraints. Summary of Analysis Findings A project noise analysis has been performed in accordance with FHWA and CDOT guidelines, using FHWA's Traffic Noise Model. Noise impacts were identified at properties north of 1-70. No impacts were identified for properties south of 1-70. Because noise impacts were identified in the study area, corresponding noise abatement measures were evaluated. An abatement measure was found to be feasible and reasonable and has been recommended for the project. The abatement is a barrier (noise wall) along the outside shoulder of westbound 1-70 to address noise impacts north of 1-70. The recommended barrier dimensions are approximately 3,400 feet long by 14 feet tall. The barrier material has not been selected or recommended yet. The final step in determining whether the barrier will be included in the project will be a preference survey of the property owners and residents who would benefit from the barrier (i.e. the benefitting receptors). That survey is planned for January 2015. Timeline for Evaluating and Designing Noise Abatement The following timeline outlines the process the Town of Vail and CDOT will follow to provide information to the public, benefitting receptors, and other interested parties about the decision process and potential design for a noise wall on this project. At this time, the project team has determined the general location for a proposed noise wall, including wall height and length, and the project area where there are potential benefitting receptors. Additional information on wall design, materials, landscaping and other features will be provided as it is developed through the design process. The team will work with benefitting property owners and residents to determine their preferences regarding the proposed wall. The following timeline shows the anticipated dates for community outreach, decisions regarding the inclusion of a noise wall in the project, and design -related decisions. Additional information will be made available on the Town of Vail website as it becomes available. November 2014 12/16/2014 Page 2 of 3 TOWN OF VAIP November 2014 Meet with condominium complexes with benefitting noise receptors Develop optimized noise wall height and identify/evaluate material/aesthetic options Compile list of benefitting receptors (owners and non -owner residents) December 2014 Project Open House 12/18— project update open house to include noise wall concept and process Complete sufficient noise wall design details to support Benefited Receptor Preference Survey Prepare information package and Survey materials for benefitting receptors January 2015 Conduct Benefited Receptor Preference Survey — mail survey to property owners and non -owner residents with 3 -week response time Receive returned Benefited Receptor Preference Surveys and tabulate results February 2015 Final noise wall decision from results of Benefited Receptor Preference Survey Spring 2015 CDOT and Town of Vail complete final design, with or without noise wall depending on Survey results November 2014 12/16/2014 Page 3 of 3 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 16, 2014 ITEM/TOPIC: Permission to Proceed Through the Development Review Process. Gorsuch Building, 263 E. Gore Creek Drive, Proposed retaining wall replacement and building addition. PRESENTER(S): Jonathan Spence, Community Development Planner ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the Town Council evaluate the proposal to utilize the Town of Vail property for the purposes of the replacement of an existing retaining wall and guardrail and to accommodate eaves for a proposed building addition. BACKGROUND: Because of the property line location in close proximity to the building, the applicant is requesting the use of Town of Vail property for the identified encroachments. Please refer to the aerial plan included as Attachment A and the project plan set, included as Attachment B for further detail on the proposed encroachments. STAFF RECOMMENDATION: Staff recommends the Town Council direct staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed replacement of an existing retaining wall and guardrail and to accommodate eaves for a proposed building addition. ATTACHMENTS: Gorsuch Permission to Proceed Staff Memo Gorsuch Permission to proceed Att. 12/16/2014 rowN nFvain Memorandum TO: Vail Town Council FROM: Community Development Department DATE: December 16, 2014 SUBJECT: Permission to Proceed, Gorsuch Building, 263 E. Gore Creek Drive I. DESCRIPTION OF REQUEST The applicant, Gorsuch Ltd., represented by Leila Schwyhart of Semple Brown Design, requests permission to proceed through the Major Exterior Alteration process for a building addition and site improvements utilizing portions of Town of Vail property in the Commercial Core 1 (CC1) Zone District. The building addition proposed includes enclosing the existing outdoor patios and further revisions to the western fagade for a new restaurant tenant. The applicant requests permission to proceed through the Planning and Environmental Commission and Design Review Board processes and, if approved, enter into revocable permit agreements and lease agreements with the Town of Vail. The proposed encroachments are as follows: Proposed re -facing and reconfiguration of existing retaining walls and the replacement of the guardrail. The retaining wall on the south side of the existing stairs along the western elevation is proposed to be rebuilt in its current location. The retaining wall north of the existing stairs is proposed to be rebuilt slightly back from its current location to allow the placement of additional seating benches. Roof overhangs of the proposed addition encroach over the Town of Vail ROW up to four (4) feet with the majority of the proposed encroachments being less than two (2) feet. These encroachments include the roof eaves of the new dining areas and also the existing center element whose enclosure is a component of this application. The total area of the encroachment is approximately 65 square feet. Because of the property line location in close proximity to the building, the applicant is requesting the use of Town of Vail property for the identified encroachments. Please refer to the aerial plan included as Attachment A and the project plans included as Attachment B. The project is anticipated to be seen by the Planning and Environmental Commission on December 22, 2014 for a worksession with a final public hearing planned for early 2015. As a restaurant use is anticipated to generate considerable recyclables, staff will be requesting, as part of the Conditional Use Permit, a plan for compliance with the recently 12/16/2014 adopted recycling ordinance. Staff recommends compliance with the ordinance, without exemption, as a condition for the utilization of Town of Vail property for private building and site improvements. II. BACKGROUND The Gorsuch building was originally constructed in 1966 and has undergone periodic remodels since that time. The outdoor dining patios and related retaining walls and guardrail have been in place since at least the mid 1970's. III. ACTION REQUESTED The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of a replacement of the existing retaining wall, the installation of pedestrian furniture and the construction of building eaves. This utilization of Town of Vail property would be subject to the terms of a lease agreement. The Community Development Department requests that the Vail Town Council instructs Town Staff to either: S ign the development application on behalf of the property owner and allow the project to proceed through the development review process for the proposed retaining wall replacement, pedestrian furniture and building addition. 2. Deny the request to proceed and require the applicant to amend the plans prior to review by the Planning and Environmental Commission and Design Review Board to exclude any portions of the Town of Vail ROW. What option does the Town Council wish to choose in regard to the applicant's request to proceed through the development review process for the proposed improvements to the Gorsuch building located at 263 E. Gore Creek Drive? IV. ATTACHMENTS A. Aerial of subject property. B. Project Plan Set C. Photos Town of Vail 12/16/2014 Page 2 Vail Village Filing 1, Block 5, Lots C -E (263 Gore Creek Drive) Subject Prop" r ms ma.as orebr meronavan tis rm usedmre meo uorn eogneai vumemnthe rwn or voea wernr inacrFeet waame r im vaneWan wr ie ax k�7 7m ) 0 50 100 Last Madlfed December 74, 2014 TOWN OF VAIL' -------------------------- GORSUCH RESTAURANT ADDITION PEC SUBMITTAL 11.24.2014 263 E Gore Creek Parcel Number 210108229003 LEGAL DESCRIPTION: LOTS C D AND E BLOCK 5 VAIL VILLAGE FIRST FILING TOWN OF VAIL, EAGLE COUNTY, COLORADO 4 OEXTERIOR EXISTING GORSUCH SW CORNER PROJECT NARRATIVE: 1 _7 --------------- EXTERIOR NEW GORSUCH SW CORNER U Background, purpose and details of the proposal. This proposal is a 543 SF addition to the West Facade of 263 E Gore Greek. The 46 year old Ore House restaurant closed its doors in June of 2014. The owner's of the building would like to continue to service the community with a fine dining restaurant, although in order to accommodate the needs of a fine dining restaurant flexible indoor out door seating in the location of the current exterior patios must be added to accommodate dining seating and an accessible main entry. The proposed use is to remain as an A-2 restaurant as previously occupied. The intended impact of the project is to enliven the pedestrian edge of Bridge Street by bringing light and activity from the restaurant space towards the public. The design has incorporated public and private layers from common benches to the restaurant's patron eat rail. The bifolding doors open the restaurant to the exterior and activates the street scape. The proposed addition roof heights are in line with the existing building and do not impact the passage of light on to the adjacent streets. The addition adds a scaled down layer to the building, again bringing the building down to the pedestrian's scale. The finished product of this addition is intended to be compatible with the existing building's architecture and material palette. 12/16/2014 f J I A6 DRAWING INDEX - PEC/DRB SUBMITTAL SHEET NO. SHEET NAME Sorvletrrp - a- VW rnitrlwh Chapel F Mr+naw r)r I George Peallurant; PO rnr6 &aGo t' of —- Cr T253 Gorr Creek Dr Sweel n+G+i '' a C"goK Or Ciry �,t �r I IV" film Rwth rr Re4 LM Frro111 adge semplebrown architecture I interiors I vision semple brawn design, p.c. 1163 sanla to drive denver, coiorado 80204 303-571.4137 ph 303-5 71,0403 f info@senrplebrowndesign.com © COPYRIGHT 2014 ANY UNAUTHORIZED USE OF THESE DOCUMENTS IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF: SEMPLE BROWN DESIGN, P.C. 1 2 FM z ti co Co CXR 0 Cn U LU DC w > 0 V w U LU0 Cl) 0 0 LL, M C9 CN REVISION PEC DRB PEC R1 DATE 11.24.14 12.09.14 PROJECT #### NUMBER: PROJECT DATE: 2014.1 1 .24 SHEET TITLE: COVER SHEET SHEET NUMBER: A000 COVER SHEET A004 MATERIAL SCHEDULE AND PHOTOS A100 BASEMENT FLOOR PLAN A101a FIRST FLOOR DOORS CLOSED A101b FIRST FLOOR DOORS OPEN A102 PROPOSED ROOF PLAN A110 ENLARGED EXTERIOR LIGHTING VICINITY MAP A201 NORTH AND SOUTH ELEVATION A202 WEST ELEVATION 263 E GORE CREEK ZONE CC1 A900 SUN ANALYSIS ELEVATIONS A901 SUN ANALYSIS PLANS "•'I tnLr A902 PLAZA RENDERINGS A903 BRIDGE RENDERINGS "'d A904 EVENING RENDERING 9il blr'c �rwr A905 RIGHT OF WAY PLAN DIAGRAMS A906 RIGHT OF WAY SECTION DIAGRAMS D100 DEMOLITION PLAN TS001 TOPO SURVEY rFootage. Rd E 5 arc ,rd dirt Sd«n `` SFrDrft3qe�ti E Campo De Fax r. � 5 I- "' dw* VAfage Var W4 Almodwe M Sorvletrrp - a- VW rnitrlwh Chapel F Mr+naw r)r I George Peallurant; PO rnr6 &aGo t' of —- Cr T253 Gorr Creek Dr Sweel n+G+i '' a C"goK Or Ciry �,t �r I IV" film Rwth rr Re4 LM Frro111 adge semplebrown architecture I interiors I vision semple brawn design, p.c. 1163 sanla to drive denver, coiorado 80204 303-571.4137 ph 303-5 71,0403 f info@senrplebrowndesign.com © COPYRIGHT 2014 ANY UNAUTHORIZED USE OF THESE DOCUMENTS IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF: SEMPLE BROWN DESIGN, P.C. 1 2 FM z ti co Co CXR 0 Cn U LU DC w > 0 V w U LU0 Cl) 0 0 LL, M C9 CN REVISION PEC DRB PEC R1 DATE 11.24.14 12.09.14 PROJECT #### NUMBER: PROJECT DATE: 2014.1 1 .24 SHEET TITLE: COVER SHEET SHEET NUMBER: KN -4 B O KN -13l �I f - 1, � I M-10 —:AL, -WW DINING EAST 105 M-9— OUTLINE =9 OUTLINE OF ROOF ABOVE --. MM=4 2 I — M-9— PROPERTY =9 PROPERTY LINE I _ BAR 104 M-10 I DINING NORTH DASHED LINE INDICATES LOCATION 103 OF EXISTING STONE WALL rI M -9- M-10 =9 M-10 I I I DINING TOWER k � I � FIRST FOOR AREA j 1670 SF I OUTLINE OF ROOF ABOVE b — 96 TOTAL SEATS INSIDE PROPOSED STONE FOUNDATION WALL IS IN SAME LOCATION AS EXISTING HATCH INDICATES OUTLINE OF 543 SF ADDITION I I DINING SOUTH L� 101 } k I I PROPERTY LINE I i KN -9 KN -8 II — — — — — — — — — — — — — — IL-- -- ----- - 4 - KN -3 KN -13 f FIRST FLOOR PLAN 14 GRAPHIC SCALE 12/16/2014 0 4 8 12 16 MARK LEGAL DESCRIPTION LOTS C D AND E BLOCK 5 VAIL VILLAGE FIRST FILING TOWN OF VAIL, EAGLE COUNTY, COLORADO PEC NOTE LEGEND TAG DESCRIPTION KN -1 SIGNAGE JUST SHOWN FOR PROXIMITY ACTUAL DESIGN TO BE FUTURE SUBMITTAL KN -2 EXISTING BALCONY RAILING TO REMAIN KN -3 EXISTING STREET LAMP KN -4 EXISTING STREET LAMP SLIGHTLY RELOCATED TO THE NORTH EAST KN -6 HEAVY TIMBER RAFTERS TO STAINED TO MATCH EXISTING KN -7 STAINED WOOD FASCIA BOARD DETAILING TO MATCH EXISTING KN -8 NEW STAIRS TO MAIN ENTRY KN -9 NEW FRAMELESS GLASS ENTRY DOOR KN -10 SALVAGE EXISTING SCONCES AND RE USE KN -11 SALVAGE EXISTING SIGN SUPPORT AND RE USE KN -12 ADDITION ROOF LINE TO MATCH OUTLINE OF EXISTING ENTRY PORTICO KN -13 EXISTING TREE M-1 WHITE 3 COAT CEMENTITIOUS STUCCO TO MATCH EXISTING M-2 EBONY STAINED SOLID CEDAR TO MATCH EXISTING M-3 SLATE ROOF TO MATCH EXISTING CLOCK TOWER ROOF [DAVINCI ROOFSCAPES POLYMER SLATE] M-4 ALUMINUM CLAD WOOD WINDOW BIFOLDING DOOR SYSTEM GREEN COLOR TO MATCH EXISTING M-5 STONE CLADDING ON RETAINING WALL TO MATCH EXISTING M-7 1X6 STAINED CEDAR WOOD ROOF SOFFIT TO MATCH EXISTING M-8 COPPER GUTTER TO MATCH EXISTING M-9 PLANTER BOX OF WOOD PAINTED GREEN TO MATCH EXISTING M-10 EBONY STAINED CEDAR BENCH TO MATCH EXISTING M-11 NEW FIXED WINDOW ALUMINUM CLAD GREEN TO MATCH EXISTING M-12 IWOOD SHINGLE ROOFING W/COPPER FLASHING TO MATCH EXISTING semplebro n architecture I interiors I vision ig Semple brawn design, P.C. 1160 Santa fe drive denver, coiorado 80204 303.571.4137 ph 303.571.0403 fa info@semplebrowndes-ign.com © COPYRIGHT 2014 ANY UNAUTHORIZED USE OF THESE DOCUMENTS IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF: SEMPLE BROWN DESIGN, P.C. 0 1 2 REVISION PEC DRB PEC R1 DATE 11.24.14 12.09.14 PROJECT #### NUMBER: PROJECT DATE: 2014.1 1 .24 SHEET TITLE: FIRST FLOOR DOORS CLOSED SHEET NUMBER: A101a ti Cf CXR 0 J LU > w V LU w Cl) LUU 0 0 O C/) W M C9 CN 0 1 2 REVISION PEC DRB PEC R1 DATE 11.24.14 12.09.14 PROJECT #### NUMBER: PROJECT DATE: 2014.1 1 .24 SHEET TITLE: FIRST FLOOR DOORS CLOSED SHEET NUMBER: A101a 1 2 3 4 5 6 /\ — 8,f2 -7' O 1 3/16" ,�WE1ST ELEVATION 4 M-8 M-7 M-10 • M-5 KN -7 M-11 KN -10 • M_5 PEC NOTE LEGEND TAG DESCRIPTION KN -1 SIGNAGE JUST SHOWN FOR PROXIMITY ACTUAL DESIGN TO BE FUTURE SUBMITTAL KN -2 EXISTING BALCONY RAILING TO REMAIN KN -3 EXISTING STREET LAMP KN -4 EXISTING STREET LAMP SLIGHTLY RELOCATED TO THE NORTH EAST KN -6 HEAVY TIMBER RAFTERS TO STAINED TO MATCH EXISTING KN -7 STAINED WOOD FASCIA BOARD DETAILING TO MATCH EXISTING KN -8 NEW STAIRS TO MAIN ENTRY KN -9 NEW FRAMELESS GLASS ENTRY DOOR KN -10 SALVAGE EXISTING SCONCES AND RE USE KN -11 SALVAGE EXISTING SIGN SUPPORT AND RE USE KN -12 ADDITION ROOF LINE TO MATCH OUTLINE OF EXISTING ENTRY PORTICO KN -13 EXISTING TREE M-1 WHITE 3 COAT CEMENTITIOUS STUCCO TO MATCH EXISTING M-2 EBONY STAINED SOLID CEDAR TO MATCH EXISTING M-3 SLATE ROOF TO MATCH EXISTING CLOCK TOWER ROOF [DAVINCI ROOFSCAPES POLYMER SLATE] M-4 ALUMINUM CLAD WOOD WINDOW BIFOLDING DOOR SYSTEM GREEN COLOR TO MATCH EXISTING M-5 STONE CLADDING ON RETAINING WALL TO MATCH EXISTING M-7 1X6 STAINED CEDAR WOOD ROOF SOFFIT TO MATCH EXISTING M-8 COPPER GUTTER TO MATCH EXISTING M-9 PLANTER BOX OF WOOD PAINTED GREEN TO MATCH EXISTING M-10 EBONY STAINED CEDAR BENCH TO MATCH EXISTING M-11 NEW FIXED WINDOW ALUMINUM CLAD GREEN TO MATCH EXISTING M-12 WOOD SHINGLE ROOFING W/COPPER FLASHING TO MATCH EXISTING T.O. ROOF RIDGE 8,187'- 2 1/2" _ LEVEL 2 10'-25/16" B.O. SOFFIT � g'-2" \-I T.O. DOORS 8'-0" LEVEL 1� 0„ semplebrown architecture I interiors I vision semple brawn design, p.c. 1160 santa fe drive denver, colorado 80204 303.571.4137 ph 303.571.0403 fx info@semplebrowndesign.com © COPYRIGHT 2014 ANY UNAUTHORIZED USE OF THESE DOCUMENTS IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF: SEMPLE BROWN DESIGN, P.C. LREVISION 1 PEC DRB 2 PEC R1 DATE 11.24.14 12.09.14 PROJECT #### NUMBER: PROJECT DATE: 2014.1 1 .24 SHEET TITLE: WEST ELEVATION SHEET NUMBER: A202 ti C� Cn CXR O J LU L ry V w ryU LUCl)0 O 1■1� O O cn LU M C9 CN LREVISION 1 PEC DRB 2 PEC R1 DATE 11.24.14 12.09.14 PROJECT #### NUMBER: PROJECT DATE: 2014.1 1 .24 SHEET TITLE: WEST ELEVATION SHEET NUMBER: A202 �•�� esig r 30 rl r r• r r. r r :1 1 I I r ISI rr 'n •rr -r• r r Ti i s• • �r 1,,-0-a. r ' 't 4 '��� t w rt 1, 4Im I J I "Pi W I #1 r 1 1"' 4 4&� do J v -V�. 11 v ` rt • r � 1.i • W�A•#��1r • 4 � w •A �:L 4 b •i�r '� , ' •, • r r' F' 'fir ! 10 wa 41k � 1 , I!,;" __S1 { ! t man 4 4 a 1 y, r - ��7 �r �i 't L � �'a + 'r f'1,�, 3 1 •" of-! a �' �'^ .•'�1 ■ 044 "1 41 1 Oe IL 41 01 Ir All R - � ' rale .t ,; �, S ." _ •l� -• � i • � w \ '�_ s_• - -rte` _ ��.. � - ��' = s � ! �' � �- f • � • ! I� • • i " �.. , . � H it � • I M K ' F' iii _ - ,■ • ' � . " r AGO I I 5 3D VIEW PROPOSED ADDITION 12/16/2014 DPERTY LINE PROPERTY LINE SECTION @ DINING SOUTH 101 ENTRANCE 1/4" = 1'-0" 12/16/2014 PLANTER f PA- A„ -ER GASTHOF O ERHANG -� GRAMSHAMMER { VALVE PARCEL (, _) DENOTES BUSH WITH APPROXIMATE DIAMETER o ERJ `I\ OUTLINE °""'"E COVERED BRIDGE RAVER RogA CONDOMINIUMS X.X DENOTES CONIFEROUS TREE WITH APPROXIMATE TRUNK DIAMETER STORK PAVER ROAD NANH MANHOLE ME BRIDGE STREET (251 R.O.W.) EWR ----- MANN-0LE 9DILDING SEASR OUTLINE STONE cETTrpiONE _e "ANH- `� X.X DENOTES DECIDUOUS TREE WITH APPROXIMATE TRUNK DIAMETER WALL 3' sWAIE DPMN vALVF w' A=24'06'53" GsATF ED" WALK cav€R srAlRs R=92.30' s16s.6 co`vER � p.g0'00'00" � L=3$.73' 13=02'47'34" s9 R=12.00' 500.09'00E 2.34 0 ERG , \ NOTES: \ BRG=N25' 17'13"E CURB 13 PATIO 19.34' C LEN -4.50' sraNE �� / 1) DATE OF SURVEY: 11/06/07, 11/20/07 A-237' VENEER 2) SURVEYOR HAS MADE NO INVESTIGATION OR INDEPENDENT SEARCH FOR AMENDED Iw LDINc A=5:66' -RSO FANO "�®resT HOLE WALL / PLATS, EASEMENTS OF RECORD (OTHER THAN PLATTED), ENCUMBRANCES, 1 6E63.50� . ov€RNANG I COVERED 136_ 8i3�5 \, ss // RESTRICTIVE COVENANTS, OWNERSHIP TITLE EVIDENCE, OR ANY OTHER 1 1 ENTRY ' f ------ _ , Aa FACTS THAT AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. 1MI ROCK FACING 30.0' a1,3'9- I� _ ILLM ry ENTRY 11,2 I^ 3) NOTICE. AUNO TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL 81644 +s'� s.a• '�. ACTION BASE[) UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS 1+I 4r1 5114172 sa 5 I o �g�3 / AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY I -! 1 a• ) 3 ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE DO THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREb Il ENTRY C04ER - OVERHANG 6159.4 O \\ GRANALVE i) \ 3tERNNe LOT b, BLOCK 5-B 4) BASIS OF ELEVATION: TOWN OF VAIL VIEW CORRIDOR POINT VP#1 EL=8180.98. CO Ek n 61613 r) \ STAIRS Q� 5) BASIS OF PROPERTY LINE LOCATION: MONUMENTS AT TOWN OF VAIL VIEW CORRIDOR ENTRr ,r PAVER ROaa POINT pi ANO C -W 1/16 CORNER SECTION B. I03 n Ip�-�PP123 COkI3ED _ QA'T ` Frl70 I 10 M V� (� SNEER 5) BEARINGS AND DISTANCES ALONG PROPERTY LINES SHOWN HEREON ARE l xJ'xe' S�c WALL AS SHOWN ON THE SUBDINSION PLAT ONLY. A BOUNDARY SURVEY WOULD N e - BE NECESSARY TO DETERMINE THE TRUE DIMENSIONS OF THE LOT AND 0. N OVERHAwG `e w 4 vALvE rnrn,,I `TTRY f�� SETBACKS, WHICH MAY VARY FROM THE PLATTED DIMENSIONS. CroKR FFI L, 1 8162.1 DECK IS ''e � e 1 7) ADDITIONAL SPOT ELEVATIONS ARE AVAILABLE ON CAD LAYERS, (PNTELEV, SPOTEL). fTl O CO I ,r a THEY ARE NOT CURRENTLY SHOWN, (FROZEN), ON THIS PAPER COPY DUE TO THE .7. 1_\ V STAIRS CDfl PLANTER PLANTER ^•+ .wJJ\ EXCESSIVE NUMBER OF THEM. 1 'Aye..' 8 V CONTOUR INTERVAL �] stucco OV 4 NO W ) ROOF OVERHANG Wqu CUTP, 11 BI LOT c STAIRS VALVE TOP 9) BUILDING SETBACK INFORMATION IS NOT PLATTED. PRIOR TO ANY DESIGN P, // COVER WALL unurY OR CONSTRUCTION IMPROVEMENTS ON THIS PROPERTY, TOWN OF VAIL Fri 3.7'.x13.7' SECOND UI / 8161.8 ,,,rrrNANHgE ILaoR CIT 1 GRATE CALCUL TE CONTACTED FFOR CORRECT BUILDING SETBACK INFORMATION. PLANTER 0€cK � a1sR.a ® X 1p) CALCULATED AREA OF SHOWN PARCEL = 0.2056 ACRES. SHOULD O)6•x13'7' OVERHARG 11 iqN 0 11) FEMA FLOOD PLAIN STUDY FOR MILL CREEK UNAVAILABLE. i FLAG POLE LwTER 12) THIS SURVEY AND THE INFORMATION CONTAINED HEREON IS THE PROPERTY OF GRATE I \ / GAS® EAGLE VALLEY SURVEYING, INC. AND IS INTENDED FOR THE SOLE USE OF THE 41 ... - - I i ./ - VALVE ORIGINAL CLIENT ONLY. ANY USE OF OR TRANSFER TO OTHERS IS PROHIBITED. `v • v N "' i ue `u 1.08' VENEER 9ROGE CU P WA i ROCK. a / Q) FACING ° AROSS-EASE1 ACItEEMENT J RECAROED 8539 P76D 1 6 0-2 s _ I (GASHED LINT W. PROPERTY LINE] / F �" 3 ENTRY ACCF55 TO / i! RESTAaRANT ROOF OVERHANG / Ir 6u14➢ING LAT < LOT a I" DIALK 0 PAVER ROAD RCI FACING W 1 1 PIPE 4 PLANTER n / (P & R CONDOMINIUMS) ' �=0$'56' I Jao / cows. 3LA6 R=325.89' N 65'36'78. w I ; PurvrER L=50.87 10.2x3 7a.5o ETIL 1 sxznaN t ! avERNAN, I w / i PATH 9155,E 8153.4 171 1 / c1 DRAIN j °RAIN 3 B's 51 °8 1 I ENTRY VP1VE 91513 8155.5 60ULDER ENTRY B Ei 3 ?PIPE" % �P�lo E WALL � 0 fR f `-��\ 111 v� 160. 6151 d 9156.° % y� �` PIArvTER F' A 5.0 VENHANG _16E'14". ENTRY STAIRS 1 SRINM Ei-waNC 6180.1 STAIRS STONE / MANHOLE V v LL 816716 t WENEER / O. ENTRY t 8YS94':.'i�` BY5B] WPTL / FPLATIN ENAOFLOLOCATION D INSkJR1 CE STUDY DATEDY � v� 8162,1 Y / FEMA FLOOD IN5e Rl�NLE STUDY DATED LIGHT Po3T (((((((((� I 0.2// • AUGUST 26, lvATI / qJ PEDESTAL !!!!�!Al�1�M11111JJJ1111 / D2 • I jLf�`�� / 3 AWusTO ATCTI ON DATUM OF STUDT s VVVVVVVVV Nb1T POSTI 2 ,W 23,38 I °,9' 1T1 "TRANSFORNER wo0a 91613 4 61 • Rfi wqu TEA'" / $fg4CS I` / r / / TEWM OPOGRRAAPHIC S1RUL1'Ar1oN5 of ! Ianwn ILE ow PED 29.26' 25' NT315 00 a ITT I roP WALL STONE , '! / ! #' PART of - WALL METAL F _. POST NOO.09'00'W 54.26' TRACT B ENTRY `� i q. _ Eve+NG HANDHOLE \` roP WALL 8162.4 '• HGL ELEC LD p VENEER RA CGNC. �.... 1 Ir- 75.0' z @16t 6 WTE 1]00 PATH .. STONE -1 TE. ITRAw N. 6r MSM w 1116 11-1 A SO4'31'16W 75.72' _ WALL / WAIL I N0 WATERLINE EASEMENT IN TH15 AREA. STMIR 1 VANE t' TEST HOLE UNKNOWN IF EVER RECORDED OR STILL 0.8 15 COI COVER 1, `� 6t6St VALID. 0.6 / °_7 2" EL€C , 1 0.] �+ TRACT e3 R SPH LT 6 �;.3) E • 6, DT WOAD a.6 i T ; % B sF ; Y A 4-n NIL GATE i iROCK NOTE'. TLEGAL P/SH GGMPACPTI-0N SEAFOR ACCESS. SEME#IT$ FARPTHS AREA D , • • !I O v. ❑ IT SII NO / / 5A 1.4 SIGN ASPHALT 1 i -- WERE wNrH. IN. I 5 9T EAGLE VALLEY su RVEYING -t CONC J a6 I EL€L TRACT G ROAD ' rj aNNNOwN IF EVER RECORDED. PA° PANEL 5D p LFGFND VAIL VILLAGE f - _ _ `D6Tg WATER VALVE c_ iE r,i cA-0iD'0 _ _ 6 TRA cobc. _ ! / 5, yry Y� % SPRINKLER VALVE FIFTH FILING r' JjI €LEC ° _ _ ENeSIN �" / LM ( #uGHT CONS PAN 1 rl ! �aArISFDkM[R• PANEL _ a �T'Ci� / ri.D 5 y di} \ / er ELECTRIC OUTLET \ > y �./! FOUND NMi D7 ® °4 ' `81t 5.0 5T 5 ` d� EIDGE / TUTLITY CONDUIT PAVERS , l l & WAiHER•. D.5 5' CMP P M M M, M 6� - / / = srkF a {p i? Lsg3oosl ® INv 6156.1 _ = _ - ? _ y Ou b d GAS METER w> I \ & ox }rd O w` ^ ki SIGN POLE 10.0 i ! - IS TV PED r OST WII EILESS 1` \ ss y +PHONE PED r / IPOLE � D.> G.4x �� ' �y\N1a_ 1D_ 1z !W did/ �� EDGE / SEWER CLEANOUT SEWER EANHO C '.I _ MANHOLE , % / v � �. a ` � s../> I SUM0.2 O,2 \ \ WWLDQt`\ W : e Jr,l / a STAND PIPE a POST PANEL 92 0.2 V \\\\ - Z6•/. °_2 02 10 WLDERlYd ROCI4W` (� dldJ APPRO%. /V / 0.2 0.6 ALL �M ERl1NE I `� M' $6155 CENT _ M M 10 WALL a.. d/di / mtFATn /;/' 0� 14' 24' 34' /' �T ASPHALT I 816].8 5y 1,2 FLAGSL AGTONE D'3 y APPROx. fJ >73 CENTER INE WALL STREAM __ STAIRS °2 10 'll! �\ SURVEYOR'S CERTIFICATE % DECK ROCK O2 I, Stan Hogfeldt, a Professional Land Surveyor registered under the laws of 597TOPD.DWG 12/19/07 KPJ o. o.6 waIH a,V, - sTErs a the Stale of Coloado, do hereby certify that this topographic survey was LL r al sa.s 8p °.5x made by me and 'under my supervision, and that the survey is accurate and r 6DumER I 'gyp M\° correct to the best of my knowledge. �i �8�3a I o AIN WA 59 .•' Li TOPOGRAPHIC SURVEY 1 aueorlr I 62 sl 5e si �1 r D uwE"o Ir .ruL 56 Stan e - LOTS C, U, P, 9 ErvTRT I M+TRr I "'� 2 Colora gF.L 2659 BLOCK 5 6164.2 8163.7 ' �n� , '26608 S VAIL TOWNHOUSE STR�w, Date:-� v -ice-- VAIL VILLAGE FIRST FILING P?0. BOXG$$230 6 & 24, EAGLE-VAIL CONDOMINIUMS _ •��,p��'��1� ,• TOWN OF VAIL, EAGLE COUNTY, COLORADO EDWARD5, CO. 81632 PATO ,iI�, JOB No. 697 (970)949-1406 12/16/2014 semplebrown architecture I interiors I vision semple brawn design, p.c. 1160 santa fe drive deriver, colorado 80204 303.571.4137 ph 303.571.0403 fx info@semplebrowndesign.com © COPYRIGHT 2014 ANY UNAUTHORIZED USE OF THESE DOCUMENTS IS PROHIBITED WITHOUT THE WRITTEN CONSENT OF: SEMPLE BROWN DESIGN, P.C. "I �u��/••••J� co W O J CIOLU w LL 0 LU V w IrU LUCl)0 O O C/) LU 0 I�II/••� CN LREVISION 1 1 PEC DRB DATE 11.24.14 PROJECT #### NUMBER: PROJECT DATE: 2014.1 1 .24 SHEET TITLE: TOPO SURVEY SHEET NUMBER: TS001 WE _Mm .1 , low 61 r ".' -- -0 Ilk p 1-r1 -4 •poll., dtr „ -'orf Sol Ida set Jr 41, 7tw, I . - aMl m. • mmk'- swim oe jobI 70A sit rr Ab F. *b —PI f EMK_ R (F? h I' � Y Xf �• � r J ' 1 14f # A,Ilrbk- IL At- `- . w z `-�- a -_ a - - • •; ., � Yr---•• _ -._ , �- � _ + _ �'_ - L «�� - , �r -. t _ ➢ _ _ _- - _ - - - - _ J� .. ._ _ _ _ n _ _ A y. 7 A. n _. 1`i. _ - �- �, `�. - _ , _ - �� � _ �= - • � � r � � �,�,i� _ - Vii: _ ��,^ '-s . i _ _ _ .: .: •ir �- .d/ a . a Ti - _ - e _ -��. _ '�- r - ���.ar•�r. iF _ _, _ ' _ � - -': ` - '�'. r�./P - .. _ i, y _ r y! d - F _ yl' • - - - � � .'moi _ 3 - � a w IL r Ile _- - ._. _ - _airin- �l epi. - - •_ _ _ s � ¢_ ..- _ .. 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'� , 1.41 - _ 1, +► �; 14 NOW IL OJI 0 4} R w� i s I f - - - - i i' _ -_.'' - — - - �3 _ `f • �� �7 � rpt' , A. y� - •M' � F� � 1wt SIF ". • �� �. s _ � v� P I _ ! r L r ` 1 _ i f r� Y^ ! F w! -_ - ys — a 14' _ _. . _. n IQ Ao At I 4 $ � i . F PF I I 1 fi_ 4V dIK i i I TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 16, 2014 ITEM/TOPIC: Follow up on the Vail Valley Medical Center Master Plan and the South Frontage Road Traffic Improvements Update of December 2, 2014 PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Does the Vail Town Council support staffs recommendation to allow the Vail Valley Medical Center Master Plan and proposed West Wing Expansion conditional use permit application to be reviewed concurrently? BACKGROUND: On December 2, 2014, the Town staff and VVMC representatives provided an update to the Vail Town Council on the progress of the VVMC master plan and South Frontage Road traffic improvements. In the end, the Town Council asked that staff return to the next meeting and address three specific topics...... revised review schedule, west wing expansion traffic and parking impacts, and east wing expansion completion assurances. A memorandum from the Town staff responding to each of the topics has been attached. STAFF RECOMMENDATION: Town staff recommends the Vail Town Council takes the following actions: 1. Allow the VVMC master plan to be reviewed concurrently along with the proposed west wing expansion development application. 2. Provides further direction to the applicant and the Town staff on the completion assurances proposed within the memorandum. ATTACHMENTS: Town Council Memorandum VVMC Memorandum 12/16/2014 0) TOWN OF VAIL ' Memorandum TO: Vail Town Council FROM: George Ruther, Director of Community Development DATE: December 16, 2014 SUBJECT: Follow up on the Vail Valley Medical Center Master Plan and the South Frontage Road Traffic Improvements Update of December 2, 2014. I. PURPOSE The purpose of this memorandum is to follow up on the Vail Valley Medical Center Master Plan and the South Frontage Road Traffic Improvements Update to the Vail Town Council on December 2, 2014. This memo will cover the following topics: • VVMC Master Plan and West Wing Expansion Conditional Use Permit review process • Mitigation of West Wing Expansion Parking and Traffic Impacts • VVMC East Wing Expansion Completion Assurances II. VVMC Master Plan and West Wing Expansion Conditional Use Permit Review Process Upon submittal of the application for the adoption of the VVMC MP a schedule of review was established. The schedule was widely distributed to ensure persons interested in participating in the public process were informed in advance of the meetings. As established, the schedule ensured proper public notification of the review of the application and identified topics to be discussed at each of the upcoming meetings. Given the vast number of issues and the complexities of the topics, the review schedule was broken down into more manageable pieces with an end date for the review prescribed. An end date to the schedule was a significant consideration of the Town staff and the Commission to avoid the likelihood that the review would go on seemingly without end, leaving the applicant and public frustrated by the Town's process. A revised schedule for review of the VVMC MP is needed. Revisions to the review schedule are needed for the following reasons: • value of time, • seasonality of construction, 12/16/2014 logistics of the sequencing of the construction, and the importance of providing necessary health care services when the demand is the greatest. The west wing expansion on the VVMC must begin in late spring/early summer 2015. The sooner construction begins the sooner the public benefits of the project to the community can be realized. The conversations and negotiations around a potential land exchange have significantly increased the time needed to complete the VVMC MP. But for a revision to the schedule, the idea of the land exchange would not be possible. In order to construct the west wing expansion an approval of an amended conditional use permit is required. To facilitate VVMC's intended schedule the conditional use permit application must be submitted before the end of January 2015. The revised schedule of review has the west wing expansion conditional use permit now being reviewed concurrently, rather than sequentially, with the VVMC MP. The Town Council should accept this revision as proposed for the following reasons: • As established, the revised schedule ensures the adoption of the VVMC MP PRIOR to the issuance of a building permit for the west wing expansion. • The recommendations of the Master Plan will be incorporated and implemented in the construction of the west wing expansion. • Any risk that the Master Plan recommendations are not implemented as expected by the community is eliminated. • This change in process maintains a participatory public process. • The desired outcomes of the Master Plan do not change; only process of review is changing. III. Mitigation of West Wing Expansion Parking and Traffic Impacts The completion of the West Wing Expansion will increase the parking needs and vehicle traffic generated by the hospital use. At this time, however, it is not yet fully understood what the size of those impacts will be. The impact on the parking needs and vehicle traffic generated by the West Wing Expansion will be quantified during the development review process. Pursuant to the requirements of the Town of Vail Zoning Regulations, mitigation of development impacts, such as increases in parking and vehicle trips must be addressed. Based upon preliminary estimates, neither a noticeable increase in parking demand nor vehicle trip generation is anticipated. The proposed master plan recommends that the current number of vehicle trips generated by VVMC on West Meadow Drive be reduced and that the current deficit in the number of required parking spaces be fully satisfied. VVMC is prepared to address these two issues. These two issues, however, will be addressed at the time of the completion of the East Wing Expansion. Since the West Wing Expansion will be completed before the East Wing Expansion an interim solution for traffic and parking mitigation is needed. Town of Vail 12/16/2014 Page 2 Likely interim solutions could include: Parking Managed solutions (i.e., carpooling program van services, remote park & ride, etc.). Leasing of off site parking spaces within the Vehicle Traffic changes in work schedule, shuttle Town of Vail. • No net new vehicle trips on West Meadow Drive shall be permitted. IV. VVMC East Wing Expansion Completion Assurances The redevelopment of the VVMC campus is one major construction project. It is anticipated that VVMC will continue to provide health care services to the community through the duration of the redevelopment process. To complete that project however, two sequences of construction are required; the West Wing Expansion and the East Wing Expansion. The Town Council and the community have requested that VVMC provides assurances that both the west and east wing expansions are completed. To that end, VVMC is prepared to present several options which they believe demonstrate their commitment to completion of the entire redevelopment project. For example, VVMC may propose to prepay 100% ($800K - $1 M) of the employee housing mitigation impact fee for the entire project upon issuance of the building permit for the West Wing Expansion. In addition to the possible pre -paid employee housing mitigation impact fee, staff suggests that VVMC and the Town Council consider other assurances such as: • Payment of VVMC's pro rata share of the estimated South Frontage Road traffic improvements prior to the issuance of the TCO for the West Wing Expansion. • Establish a Letter of Credit with the Town of Vail. The LOC should be of a sufficient amount that it serves as both an incentive to commence construction on the East Wing Expansion and penalty forfeited to the Town of Vail for a failure to perform. • Place a ticking clock on the pre -paid employee housing mitigation impact fee so that if the East Wing Expansion is not started by a date certain the "credit" for the East Wing Expansion is forfeited to the Town and shall not be applied to future improvements at VVMC. • Require that the development application for the East Wing Expansion is submitted to the Town of Vail prior to the issuance of a TCO for the West Wing Expansion. • Require that VVMC remits an annual payment to the Town of Vail to help defray the Town's expenses in providing public parking and public transit. The payment shall be of an amount that covers the Town's operating expenses on the number Town of Vail 12/16/2014 Page 3 of public parking spaces equal to VVMC's parking space deficit, plus provides an incentive to start work on the East Wing Expansion as soon as practical. The Town of Vail could offer a partial building permit application/plan review fee waiver or refund to VVMC provided construction work on the East Wing Expansion is started within a more aggressive time schedule suitable to the Town of Vail. The suggestions listed above are just that.... suggestions. They have not been fully developed or vetted with the town attorney or the representatives from VVMC. The list was provided to demonstrate the possible options which exist. Town of Vail 12/16/2014 Page 4 4aVPB UN ASSC�C-IA1 ES, INC' -- LAND PLANNING & COMMUNITY DEVELOPMENT 11 1l 1101 lkw—All \ 1 Dili 11 TO: George Ruther FROM: Tom Braun CC: Doris Kirchner, Charlie Chrevling, Jim Wear, Russ Sedmak DATE: December 9, 2014 RE: VVMC Construction The following addresses two questions you have asked relative to VVMC's expansion plans: 1. What assurances can be provided by VVMC that the East Wing (and associated "community -oriented" improvements as outlined in the VVMC Master Plan) will be constructed within contemplated timeframes? 2. What plans are in place to address interim traffic and parking impacts from the construction of the West Wing (prior to the completion of the East Wing when all on- site parking will be provided and the hospital's new "Front Door" on South Frontage Road is established)? Assurances that the East Wing will be Constructed Assurances of East Wing construction is a valid question, particularly given that West Wing construction must occur at the outset of the process and many of the town's goals for VVMC's master plan expansion (re -located helipad, on-site parking, new hospital access off South Frontage Road, loading and delivery facilities) are in the East Wing that will not be completed until the end of the construction sequence. From the outset of their master planning process, VVMC has envisioned the hospital expansion (both the East and West Wings) to be "one project" and the overall plan for the hospital expansion is based on this premise. While reference is made to an East Wing and a West Wing, expansion plans have been designed as one master -planned campus. VVMC's commitment to complete the East Wing is demonstrated in two related approaches described below. A diagram depicting the location of the West Wing and East Wing is found at the end of this memo. A draft detailed timeline/sequence of events relative to VVMC's review and construction schedule is also provided. Opal Building • 225 Main Street • Suite G-002 • Edwards, Colorado • 81632 970-926-7575 • 970-926-7576 fax • www.braunassociates.com 12/16/2014 "Triggers"/commitments on sequence of events during the course of the project There is a "critical path" that VVMC will be following during the planning, design, entitlement and construction of the project. A number of "milestones" have been identified during this process — actions that VVMC has committed to completing at key points in the process that will demonstrate definitive progress towards the construction of East Wing and in doing so commit VVMC to the expenditure of significant resources. These triggers primarily involve steps that VVMC will take to establish approvals for the East Wing, each of which will be completed prior to occupancy of the West Wing The purpose of establishing these milestones, or triggers, is to ensure that VVMC completes the entire project. To put the significance of these milestones into perspective, the soft costs for VVMC to complete planning, project design and entitlements for the entire project are estimated to be $12-$15,000,000 and the majority of these dollars will be spent prior to obtaining occupancy permits for the West Wing. On a related note relative to VVMC's commitment to complete the entire master plan expansion, in 2013 VVMC spent $4,000,000 on a land purchase from the Evergreen Lodge that will allow for the planned development of the new East Wing. The following triggers are proposed: • VVMC Master Plan to be approved prior to issuance of building permit for West Wing. • Prior to the issuance of a TCO for the West Wing, VVMC shall submit to the Town of Vail a CUP application for the East Wing. • Prior to the issuance of a TCO for the West Wing, VVMC shall submit to CDOT an Access Permit for the new Frontage Road Access. Financial Assurance The following financial assurance is proposed: • Prior to issuance of a building permit for the West Wing, VVMC is obligated by Code to provide employee housing mitigation (to be cash -in -lieu) for employee generation from the West Wing. In addition to providing mitigation for the West Wing at the time a building permit is issued, VVMC will at that same time provide mitigation for the estimated employee generation for the East Wing (and all other aspects of the project). The pre -paid employee mitigation for the East Wing will be held by the Town and credited back to VVMC when final employee housing requirements are determined during the review of the CUP for East Wing. 12/16/2014 The VVMC Master Plan estimates that planned expansions will generate approximately 60 new employees. The final determination of employee generation from planned expansions will be made during the Conditional Use Permit review process and the number of employees may be greater or less than 60. The Town Code requires mitigation for 20% of new employees and based on current cash -in -lieu rates it is estimated that employee housing mitigation for the entire project could range from $800,000-$1,000,000. Final determination of employee housing mitigation will be made during the CUP review process. If deemed necessary, additional assurances can be discussed at Tuesday's Town Council presentation. West Wing — Interim Traffic and Parking Impacts The West Wing includes approximately 38,000 square feet of new space. Given the nature of how this space will be used and how the master plan expansion is sequenced, the impact on parking and traffic is not expected to be significant. For example: • Over 10,000 square feet of new space is devoted to a new lobby/entry, expanding meeting rooms, converting shared hospital rooms to individual rooms, expanding surgery prep and recovery areas, and new sterile processing areas. These enhancements represent "de -compression" of existing (under -sized) spaces and will not increase the hospital's capacity to treat patients. As such they will have a negligible effect on parking and traffic. • The largest element of the West Wing is approximately 24,000 square feet for the Steadman Clinic and the Steadman Phillippon Research Institute (SPRI). Currently these organizations operate in approximately 22,000 square feet dispersed in six locations throughout the campus. The net increase in square is nominal, as will be any impacts on parking and traffic. • Colorado Mountain Medical (CMM) will be re -located to the US Bank Building (Medical Professional Building). As a clinic, CMM patients generates significant traffic and parking needs, all of which will shift from West Meadow Drive to the South Frontage Road access and the US Bank Building. CMM space will be used by SPRI, which is essentially an office -type use that a use that generates far less traffic and parking demand than the patient intensive demand of a clinic. Detailed analysis of parking and traffic impacts will be completed during the review of a Conditional Use Permit for the West Wing. Based on the nature of improvements and future 12/16/2014 uses of the West Wing, it is not anticipated that there will be a noticeable increases on West Meadow Driver traffic nor will there be a significant increase in parking demand. Traffic on Meadow Drive VVMC-generated traffic on Meadow Drive is a direct function of the number of parking spaces at VVMC's West Parking lot and how this parking is managed. Currently 106 spaces in the West Lot are used for patient and guest parking. On average these spaces "turn over" 6-8 times each day (by comparison, employee spaces may turn -over on average 1.5 times per day). Upon completion of the West Wing these same 106 spaces will be available for patient and guest parking. Given the number of patient and guest spaces in the West Lot is not increasing, it can reasonable be assumed that the volume of VVMC-generated traffic on West Meadow Drive will not be increasing as a result of the development of the West Wing. It should be noted that with the completion of the East Wing all patient and guest traffic will access VVMC via the new main entry at the South Frontage Road. Parking Parking demand of the West Wing will be determined by defining the net change in square footage relative to all parking generating uses and by the number of new exam rooms, patient beds and employees. At this time floor plans of the West Wing are not to a level necessary to precisely determine the net change to parking demand. At a very general level it is estimated that the +/-2000 square footage expansion of the Steadman Clinic/SPRI and the +/-2,000 square foot expansion of Howard Head Sports Medicine could create a new parking demand of approximately 15-20 spaces. This increased demand will be addressed with the construction of parking in the East Wing expansion. Until that time this demand can be dealt with via management solutions or by temporarily leasing off-site parking until the East Wing is complete. Details of West Wing parking demand and parking solutions will be addressed during the CUP process. 12/16/2014 VVMC Master Plan Review and Construction Process/Draft Timeline 8 -Dec -14 Estimated Date Action/Task 12/16/2014 Town Council Update/review process 1/12/2015 PEC final review of Master Plan 1/20/2015 Town Council/Introduction of Master Plan 1/26/2015 Submit CUP application for West Wing 2/3/2015 Town Council/hearing on Master Plan 2/17/2105 Town Council/hearing on Master Plan 2/23/2015 PEC review of CUP for West Wing 3/9/2015 PEC review of CUP for West Wing 3/17/2015 Town Council/final hearing on Master Plan 3/18/2015 DRB review of West Wing 3/23/2015 PEC final review of CUP for West Wing 4/1/2015 DRB review of West Wing 4/15/2015 DRB final review of West Wing 4/15/2015 Submit Building Permit for West Wing 5/1/2015 VVMC to provide employee housing cash -in -lieu 5/15/2015 Issuance of Building Permit for West Wing 5/15/2015 Initiate construction of West Wing 7/1/2015 Submit Access Permit to CDOT 12/14/2015 Submit CUP application for East Wing 1/11/2016 PEC review of CUP for East Wing 1/25/2016 PEC review of CUP for East Wing 2/22/2016 PEC final review of CUP for East Wing 3/2/2106 DRB review of East Wing 3/16/2016 DRB review of East Wing 4/26/2016 DRB final review of East Wing 10/1/2016 TCO issued for West Wing 2/1/2017 Submit Building Permit for East Wing 3/1/2017 Issuance of Building Permit for East Wing 3/15/2017 Initiate demo of East Wing 4/1/2017 Release of financial assurances 11/1/2018 TCO issued for East Wing 12/1/2018 CDOT approvals for Frontage Road Improvements 4/1/2019 Initiate construction of Frontage Road Improvements 12/16/2014 12/16/2014 Vail Valley Medical Center Extraordinary People. Extraordinary Core. Extraordinary Facilities. Update on Facilities Master Plan Town Council December 16, 2014 AWB RAU N iAtI,, INk . I.AND PLANNING & COMMUNITY DEVELOPMENT design Main Features of VVMC Expansion Plans • Expand VVIVIC to provide enhanced space as necessary to provide quality medical care • Improve organization and operational efficiencies throughout campus • Relocate VVIVIC's main entrance to South Frontage • Upgrade loading/delivery facilities • Establish on-site location for an emergency helipad • Establish new emergency and imaging departments • Provide adequate parking for patients, guests and employees • Optimize access/wayfinding for patients and guests WMC Base Map ` I Vail, Colorado v « West Wing New Lobby j Patient Entrance to Orthopedic Wing New 4th Floor The Steadman Clinic -SPRI Building Expansion -Conversion to private rooms -HHSMC expansion -Sterile processing -Post/Pre-op and Surgery support V MC Master Plan Overview Vail, Colorado 9 1° �_ PIO$Tdi 13=9•=916 Central Wing -, r Remodeling of existing building NOM TMC aster Plan Overview , Colorado East Wing -Redesigned parking lot -West Meadow Drive access control -Improved storm water management Remove ambulance building On site helipad building New VVMC "Front Door" Jj i l r - `. South Frontage Road m -- - L r Expanded Parking r � E= 1 fK��� ti o��Gtt_ 1 res 491•j9f9 __I�l � 1 New Emergency /- Imaging Departments VEDICAL P%ES90NAL su,La,Nc NIS pedestrian connection Direct connection to MOS VVMC Master Plan Overview Interior loading / delivery facility Vail, Colorado i Frontage Road � Improvements o A HUM ..;.... l � VVMC Master Plan Overview Vail, Colorado NORM ��=be End of Presentation Tammy Nagel From: Sent: To: Cc: Subject: Dear Vail Town Council: Peter Knobel <peter@solarisvail.com> Tuesday, December 16, 2014 2:55 PM Council Dist List George Ruther; Dominic Mauriello; Sharon Cohn Support of VVMC - Town Council Session 12/16/14 As owner of the Evergreen Lodge property, I would like to offer my full support of the Vail Valley Medical Center planning efforts and specifically allowing the proposed master plan to be processed simultaneously with the Conditional Use Permit for the proposed addition on the west building. As you are aware, I approached the VVMC with the concept of a land exchange between the two properties that will allow both sites to be developed in a manner that better achieves the goals of the VVMC, the Evergreen Lodge, and the Town of Vail. We are still in the process of evaluating the details, working closely with the VVMC and are moving closer to an agreement between the two parties. Sincerely, Peter Knobel Fredric and Glenda Corrigan 252 West Meadow Drive #A Vail, Colorado 81657 fwcorrigan@mac.com To the Vail Town Council: December 15, 2014 We own a home on West Meadow Drive directly across from the Vail Valley Medical Center's current main entrance. We write this letter to notify the Town Council that we are generally in support, within the context of the issue raised by the West Meadow Drive neighborhood, of the VVMC's Expansion Plans and Design Considerations detailed in the VVMC proposed Facilities Master Plan, dated August, 2014. Specifically, we are pleased that one of the VVMC's major goals in its Facilities Master Plan is to replace its aging utility components. These aging utility components, which are currently located along West Meadow Drive, make and create an unusually loud and noxious noise, which is objectionable to passersby and surrounding residential owners. This noise has been a source of irritation and complaint from surrounding property owners since it was put in place several years ago. The noise created by the VVMC's utility components may exceed the allowable noise limit for the zone in which the noise source is located. Even though the VVMC proposed Facilities Master Plan provides for resolving noise pollution related matters with the redevelopment of the East Wing, there are no contractual assurances that it will occur anytime soon or in accord with the VVMC proposal. Therefore, we request that the exterior noise pollution from mechanical equipment associated with the West Wing be solved in conjunction with the current proposal to expand the West Wing. We would further request that this become a condition of approval allowing the VVMC to move forward with its Conditional Use Permit application, independent of gaining final approval of its proposed Master Plan. Sincerely,-------- Fredric incerely,-d-Fredric Corrigan II cc: Patty McKenny, Town Cleric (via email) Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 16, 2014 ITEM/TOPIC: Second reading of Ordinance No. 20, Series 2014, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Timber Ridge Enterprise Fund. PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 20, Series 2014 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 20, Series 2014 ATTACHMENTS: Ordinance No. 20, Series of 2014 12/16/2014 TOWN OF VAIF' TO: Vail Town Council FROM: Finance Department DATE: December 16, 2014 SUBJECT: 2014 Supplemental Appropriation On Tuesday evening, you will be asked to approve a supplemental appropriation of the 2014 budget upon second reading. Changes from first reading The following items reflect updates since first reading: Capital Projects Fund Staff is requesting additional funds for the Parking System project to compensate for technology infrastructure, networking, additional workstations and cabling that was not anticipated in the original budget provided by the vendor. The $133,000 estimate is based on the following system infrastructure needs required during installation: • $60,996 in new network switch gear for the four sites. We added 98 new network connections. Town staff provided the labor internally. • $19,250 in labor and materials for CAT6 network cabling and fiber to CDS • $30,000 for conduit to run fiber cabling • $4,275 for installation of Wi Fi at Ford Park and the Soccer parking lot for connectivity • $12,863 for workstations and Surface Pro tablets at parking booths • $1,667 for concrete work • $4,508 for emergency strobe override functionality Staff is requesting $27,000 for the fiber-optic cabling of the municipal complex (a total of $81,000 was spent). This project was originally delayed based on potential redevelopment. Staff is requesting $6,100 to replace the town's postage machine. The current equipment is 7 years old and now unable to comply with upcoming meter changes from the U.S. Postal Service. 12/16/2014 Council also requested additional information on the $75,000 proposed for planning of the permanent skate park at the Atrium location. The following items are included in that estimate: • $21,200 for structural, civil and mechanical engineering of the skate park area • $28,000 for a fourth level analysis and foundation reinforcement of the Lionshead parking structure • $8,000 estimated for geotechnical engineering • $5,000 estimated for electrical engineering • $6,000 estimated for construction engineering • $6,800 for design contingency (<10%) 121.6/2014 `F,Q['YP4@11[! TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Revenue Local Taxes: $ 22,000,000 $ $ 22,000,000 $ 1,100,000 $ 23,100,000 $ 23,100,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 62/38 62/38 62/38 62/38 Sales Tax $ 13,640,000 $ $ 13,640,000 $ 682,000 $ 14,322,000 $ 14,322,000 Property and Ownership 4,465,000 111,500 4,353,500 - 4,353,500 4,353,500 Ski Lift Tax 3,782,000 3,782,000 3,782,000 3,782,000 Franchise Fees, Penalties, and Other Taxes 1,041,550 75,000 1,116,550 1,116,550 1,116,550 Licenses & Permits 1,342,801 1,342,801 1,342,801 1,290,000 2,632,801 Based on YTD collections Intergovernmental Revenue 1,741,234 35,200 1,776,434 32,073 1,808,507 61,171 1,869,678 $58K Reimb for fire deployments; $3K state grant for Library Transportation Centers 3,839,680 3,839,680 3,839,680 3,839,680 Charges for Services 770,397 770,397 770,397 100,000 870,397 Based on YTD collections Fines & Forfeitures 276,274 276,274 276,274 276,274 Earnings on Investments 110,000 110,000 110,000 110,000 Rental Revenue 840,896 840,896 840,896 840,896 Miscellaneous and Project Reimbursements 107,000 107,000 1 14,000 121,000 15,000 136,000 Friends of the Library grant dollars utilized below Total Revenue 31,956,832 (1,300) 31,955,532 728,073 32,683,605 1,466,171 34,149,776 Expenditures Salaries 14,749, 617 17,200 14,766,817 14,766,817 171,663 14,938,480 Benefits 5,189, 962 5,189,962 5,189,962 5,189,962 Subtotal Compensation and Benefits 19,939,579 17,200 19,956,779 - 19,956,779 171,663 20,128,442 Contributions and Special Events 1,445,698 50,000 1,495,698 6,500 1,502,198 1,502,198 All Other Operating Expenses 7,045,454 140,700 7,186,154 93,073 7,279,227 67,508 7,346,735 Heavy Equipment Operating Charges 2,365,254 2,365,254 2,365,254 2,365,254 Heavy Equipment Replacement Charges 553,826 553,826 553,826 553,826 Dispatch Services 590,961 590,961 590,961 1 590,961 Total Expenditures 31,940,772 207,900 32,148,672 99,573 32,248,245 239,171 32,487,416 Revenue Over (Under) Expenditures ML 16,060 Castle Peak Senior Care Facility - (200,000) (200,000) (200,000) (200,000) 2015 World Alpine Ski Championships (250,000) (250,000) (250,000) (250,000) Pro -cycling event (75,000) (75,000) (75,000) (75,000) 2015 Nation's Event (375,000) (375,000) (375,000) (375,000) Burton US Open (400,000) (400,000) (400,000) (400,000) Council Contributions - Tier IV (75,000) (75,000) (75,000) (75,000) Surplus Net of Transfers & New Programs (1,158,940) (409,200) (1,568,140) 628,500 (939,640) 1,227,000 287,360 Beginning Fund Balance 14,361,136 2,040,836 16,401,972 16,401,972 16,401,972 Ending Fund Balance $ 13,202,196 $ 14,833,832 $ 15,462,332 $ 16,689,332 EHOP balance included in ending fund balance - not spendable $ 690,000 $ 690,000 $ 15,382 $ 705,382 `F,Q['YP4@11[! TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Revenue Total Sales Tax Revenue: $ 22,000,000 $ 22,000,000 $ 1,100,000 $ 23,100,000 $ 23,100,000 Sales Tax Split between General Fund & 62/38 62/38 62/38 62/38 Capital Fund Sales Tax - Capital Projects Fund $ 8,360,000 $ 8,360,000 $ 418,000 $ 8,778,000 $ 8,778,000 Use Tax 1,000,000 1,000,000 500,000 1,500,000 300,000 1,800,000 Based on YTD actual Federal Grant Revenue 240,000 240,000 240,000 240,000 2013: 'Matterhorn bridge grant Other State Revenue - 475,000 475,000 29,000 504,000 504,000 CDOT share of funding for 1-70 Underpass; $29K NWCOG grant to fund an Emergency Operations Center at the W. Vail F.S; Lease Revenue 197,295 197,295 197,295 197,295 Per Vail Commons commercial and residential leases Employee Housing Fee -In -Lieu - 361;805 361,805 Based on YTD actual $90K contribution to Mobile Comm Van from external agencies ($27.5K received in Project Reimbursement - 90,000 90,000 153,200 243,200 243,200 2013); Reduce budget by $16.8K of Mobile Comm Van funding that will come from Transfer as show below from prior year's capital contributions from the E911 Board; $170K Holy Cross grant for lighting replacment (LEDs) TRAHC 494,466 494,466 494,466 494,466 Principal and interest on loans to TRAHC Earnings on Investments and Other 36,229 36,229 36,229 36,229 Total Revenue 10,327,990 565,000 10,892,990 1,100,200 11,993,190 661,805 12,654,995 Bus Shelters 30,000 30,000 30,000 30,000 Annual maintenance Parking Structures 620,000 620,000 620,000 620,000 Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs Re -appropriate to cover Buzzard Park repairs such as boiler replacement, exterior paint Facilities Capital Maintenance 491,000 112,563 603,563 603,563 603,563 and window replacement; General project covers repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc), and mechanical equipment (boilers, air handlers, etc). Donovan Park Pavilion 50,000 8,670 58,670 58,670 58,670 2013: $50K furniture replacement; 2014: Re -finish floors Street Light Improvements 50,000 246,000 296,000 296,000 296,000 New street lights and to refurbish residential lighting; Accelerated replacement approved by Council April 1 st; Capital Street Maintenance 981,200 - 981,200 981,200 981,200 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs Use remainder of $148K in reimbursement from ERWSD collected in 2012 to continue Flood incident repairs - 105,436 105,436 105,436 105,436 flood repair projecst; Replacement of Bighorn Creek culvert along Spruce Way to coincide with ERWSD relocation of water main infrastructure at same location Fire Truck Replacement 620,900 - 620,900 620,900 620,900 2014 replace pumper truck from 1999 Re -appropriate for replacement of entire A/V system at Donovan originally planned for Audio Visual Capital Maintenance 10,000 19,937 29,937 29,937 29,937 2013; $1 OK annual mtce/replacement of audio-visual equipment in town buildings such as Municipal Bldg; Grand View, LH Welcome Center, etc. 2014 includes $120K for 24 new cameras in preparation for the 2015's plus $1 OK for Town -wide camera system 130,000 - 130,000 130,000 130,000 annual capital maintenance of 89 cameras already throughout town (includes municipal public buildings; 6 cameras currently in Vail Village); Recorders cost $7-8K each; cameras range from $800 - $3800 each; Document Imaging 30,000 39,979 69,979 69,979 69,979 Re -appropriate for additional storage device; Annual maintenance and upgrades Software Licensing 48,000 48,000 48,000 48,000 Annual renewal of software licenses Upgrade Microsoft products on all equipment; renew licenses in future; $135K Hardware Purchases 50,000 50,000 135,000 185,000 30,000 215,000 supplement requested to replace Intel platform with a new virtual server chassis environment of three "Simplivity Omincubes"; Transfer $30K from Web Page/E- commerce savings Copier replacement 10,000 10,000 10,000 10,000 Replace 8 -yr old equipment with copier/printer/fax/scanner Postage machine replacement - t 12�� 6 2�4 - 6,100 6,100 Outdated software cannot comply with recent USPS postage meter changes; Current equipment 7 years old TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Data Center (Computer Rooms) 15,000 - 15,000 15,000 15,000 Based on annual replacement schedule of security and power systems for 3 computer rooms Website and e-commerce 12,000 30,000 42,000 42,000 (30,000) 12,000 Re -appropriate a portion to implement e-commerce; Internet security & application interfaces; Transfer $30K savings to Computer Hardware Comm Dev ArcGIS System - 14,000 14,000 14,000 14,000 Web access to town GIS information (similar to County's website GIS product); 2014 expenditure to replace the server used for the software as final step in implementation Cabling / Network Infrastructure; to repair, maintain & upgrade; Replace cabling in VTC, Public Works and Fire Station 1 in 2013; QMoE fiber ring in 2013 (Fiber to Fiber Optics in Buildings 62,000 30,726 92,726 92,726 81,000 173,726 connect our town office locations and prepare for new phone system) 2013 project delayed from 4G DAS build with Crown Castle; scheduled for 2014; $54K for connection between Golden Peak and Solaris; $27K needed for unplanned cableing updates at the Municipal complex (Admin, Comm Dev and Police) Network upgrades 40,000 - 40,000 40,000 40,000 Computer network systems - replacement cycle every 3-5 years; replacement of switches and routers Phone System Infrastructure - 116,602 116,602 116,602 116,602 Replace infrastructure for 15 -year old phone system; Work started in 2013 Annual capital maintenance of "County -wide "Computer Aided Dispatch/Records Mgmt Public Safety System 50,000 - 50,000 50,000 50,000 System'; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance Public AM Radio - - - 5,900 5,900 5,900 Upgrade AMI 610 equipment to make operational (the station has been down for approx. 1 year); This channel provides road and parking conditions, etc. to the public Re -appropriate $131.3K to continue Community Development permitting software Business Systems Replacement - 190,218 190,218 190,218 190,218 project and $58.9K for remainder of Finance system project such as implementation of ecommerce, additional training, etc. Transit Center Generator 200,000 - 200,000 200,000 200,000 Replacement of generator at the Vail Village transit center; includes re -landscaping and re -wiring . LiveScan Fingerprint equipment 28,000 (28,000) - - - Approved by Council during 2014 budget hearings Oct 1st to purchase in 2013; Removing from 2014 budget Police E -Ticketing system 35,000 - 35,000 35,000 35,000 Electronic ticketing system; reduces data entry done by officers to record physical tickets; will interface with Full Court system Total Maintenance 3,563,100 886,131 4,449,231 140,900 4,590,131 87,100 4,677,231 Enhancement of Town Assets CDOT Required Parking 218,000 - 218,000 218,000 218,000 2014: Vail Village parking improvements per CDOT requirements Remodel, including addition of restrooms and some guest enhancement; Increase Vail Village Info Booth - 1,276,383 1,276,383 260,000 1,536,383 1,536,383 project budget by $260K based on final designs and value -engineering as approved by Council 7/15 Guest Services Enhancements/Wayfinding 1,000,000 2,161,947 3,161,947 3,161,947 3,161,947 Guest Service / Wayfinding enhancements outside of VRA district Main Vail Fire Station - - - - Completed To complete phase II of the project to exchange street lights to LED; $327K includes Energy Enhancements 221,124 221,124 330,000 551,124 15,000 566,124 $170K funded by Holy Cross (see revenue above) and $160K to retrofit lighting to LED technology as approved by Council May 6th; Neighborhood Road Reconstruction - 25,000 25,000 25,000 25,000 East Vail roads; $25K for design for shared project with ERWSD on Rockledge Rd Neighborhood Bridge Reconstruction 300,000 - 300,000 300,000 300,000 2014: Reconstruction of bridges at Nugget Lane and Bridge Rd Replace parking system in both structures (LH parking structure system had been scheduled for replacement in 2006); Better financial reporting and potential to interface Parking Entry System / Equipment 600,000 600,000 600,000 133,000 733,000 with variable message signs and other parking systems across town; Partially reimbursed by VRA ($300K); 138K from LH Entry project for un -anticipated technology infrastructure, Ford Park handheld devices, pass printer and emergency strobes I,IIe]/4�1 L' 7 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Radio Equipment replacement 176,000 - 176,000 176,000 176,000 Previously $693K budgeted in 2014 for replacement of approximately 59 radios for PW, PD and Fire. Adjusted to only include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced until 2018) Hybrid Bus Battery Replacement 385,000 55,000 440,000 440,000 440,000 Scheduled replacement: 1 in 2013; 7 in 2014; Estimated life of 6 years Replace Buses 45,000 15,002 60,002 60,002 60,002 Re -appropriate for bike rack replacements; 2014: ADA van for on-call pickups Timber Ridge Legal/Zoning - 15,604 15,604 15,604 15,604 Re -appropriate for consultant and legal expenses for the continuation of redevelopment of Timber Ridge Timber Ridge Redevelopment 225,000 - 225,000 - 225,000 - 225,000 Estimate for rockfall mitigation Total Enhancements 2,949,000 3,770,059 6,719,059 590,000 7,309,059 148,000 7,457,059 New Assets Municipal Redevelopment - 33,343 33,343 10,000 43,343 43,343 Re -appropriate $8K and supplement by $25K for additional conceptual design, program analysis and potential legal costs; Per Council 7/15, supplement budget for appraisal of Lot 10 near VVMC parking area, est'd at $10K Welcome Center (VRA) 68,887 68,887 68,887 68;887 Re -appropriate for desk and signage improvements East LionsHead Portal (VRA) - 25,000 25,000 25,000 25,000 Re -appropriate a portion to address street light and snowmelt issues 1-70 Underpass (VRA) 600,000 1,031,586 1,631,586 1,631,586 1,631,586 Re -appropriate from 2013 unused; plus an additional $820K to cover total amount of contract 2014 - 2016; CDOT reimbursements will span several years, with 2014 amount shown above Lionshead Parking Structure Entry (VRA) 2,000,000 164,962 2,164,962 2,164,962 2,164,962 Improve entry area into LH parking structure including booth attendant stations prior to 2015 World Championship; 2013 design; 2014 construction. Per Council contract award added $95K on March 18th; Entire project reimbursed by VRA (see transfers below) Lionshead Medans (VRA) 1,000,000 (950,000) 50,000 50,000 50,000 Median construction from LH parking structure to Vail Spa; Council cancelled the project; need some funds for bills already incurred; will reduce further when all bills paid Mobile Communications vehicle - 321,000 321,000 321,000 321,000 Budgeted during 2013 to allow for contract to be signed; will pay out funds in 2014 when van is delivered sometime in the fall Chamonix Housing Marketing Study 51000 7,550 12,550 12,550 12,550 Update Housing Market Study Buy -down Program 402,118 402,118 402,118 402,118 Carryforward program funding Buy -down Program Funded by Pay -in-Lieu - 684,814 684,814 684,814 684,814 Carry forward current balance of program funding: Housing funded directly by Pay -in - Lieu fees collected from developers; Includes revenue collected in 2013 ($84.4K) Total New Assets: 3,605,000 1,789,260 5,394,260 10,000 5,404,260 5,404,260 Total Expenditures 10,117,100 6,445,449 16,562,549 740,900 17,303,449 235,100 17,538,549 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 3,950,000 (704,565) 3,245,435 3,245,435 1,045,000 4,290,435 Re -appropriate for continuing projects such as LH Parking Structure entry $164K; 1-70 underpass $11 K; and LH Welcome Center $68.9K; remove $950K for cancellation of LH Medians; 2014: Simba Run Underpass $600K, LH Parking structure entry $2.OM, parking equipment at LH $300K and annual LH parking structure capital maintenance $50K. Transfer from Debt Service Fund - 21,311 21,311 21,311 21,311 To close out remaining balance in Debt Service Fund Transfer from Dispatch Fund 16,800 16,800 16,800 Transfer from Dispatch for Mobile Comm Van Revenue Over (Under) Expenditures 4,160,890 (6,563,703) (2,402,813) 376,100 (2,026,713) 1,471,705 (555,008) Beginning Fund Balance 7,955,486 15,869,058 15,869,058 15,869,058 13,466,245 Ending Fund Balance 12,116,376 13,842,345 15,314,050 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Real Estate Transfer Tax $ 3,900,000 $ $ 3,900,000 $ 1,000,000 $ 4,900,000 $ 1,000,000 $ 5,900,000 Based on YTD collections Golf Course Lease 132,014 132,014 - 132,014 132,014 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) Intergovenmental Revenue 20,000 20,000 99,900 119,900 119,900 $20K Lottery fund proceeds; $99.9K CDOT contribution to water quality vaults Project Reimbursements - 1,165,000 1,165,000 - 1,165,000 - 1,165,000 Carry forward $1.165M VRD portion for Golf Course Clubhouse construction; Recreation Amenity Fees 10,000 - 10,000 10,000 328,000 338,000 Based on YTD collections Earnings on Investments and Other 33,712 - 33,712 - 33,712 27,500 61,212 Reimbursement from Eagle County for E -Waste and recycling hauling rebate Total Revenue 4,095,726 1,165,000 5,260,726 1,099,900 6,360,626 1,355,500 7,716,126 Maintain Town Assets Annual Park and Landscape Maintenance 1,430,514 - 1,430,514 - 1,430,514 - 1,430,514 Ongoing path, park and open space maintenance, project mgmt Management Fee to General Fund (5%) 195,000 195,000 195,000 100,000 295,000 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 65,000 65,000 65,000 - 65,000 Regular maintenance for tree health within the town (spraying, removing, new trees) Forest Health Management 195,000 195,000 195,000 - 195,000 Pine beetle mitigation in conjunction w/ forest service (Crew of 6 during spring/summer months) Street Furniture Replacement 75,000 75,000 75,000 250,000 325,000 Annual replacement or capital repairs, includes bike racks; $250K to comply with new recycling ordinance (replace containers at bus stops and areas throughout town Alpine Garden Support 65,620 - 65,620 65,620 - 65,620 Annual operating support of the Betty Ford Alpine Gardens Eagle River Watershed Programs 62,000 24,000 86,000 - 86,000 86,000 Re -appropriate for the Gore Creek Riparian Restoration project; Annual support of the Eagle River Watershed Council programs Actively Green by 2015 Program - - - 37,000 37,000 37,000 Council Contribution (off cycle) for continuation of this program run by Walking Mountains Fencing around West Vail Community Garder - - 18,500 18,500 18,500 Council Contribution (off cycle) for installation of wildlife fencing around West Vail Community Garden Public Art - Operating 95,920 95,920 - 95,920 95,920 Art In Public Places staff and programs Environmental Sustainability 250,000 250,000 250,000 500,000 27,500 527,500 $250K annual Environmental Sustainability staff and programs; 2014: $250K supplement request includes $50K for recycling education program, $75K Recycling rebates for commercial start up costs and $125K recycling rebates for residential ; $27.51K for Zero Hero and E -Waste programs funded through Eagle County's recycling hauling rebate Total Maintenance 2,434,054 24,000 2,458,054 305,500 2,763,554 377,500 3,141,054 Enhancement of Town Assets Rec. Path Capital Maint 104,796 - 104,796 - 104,796 - 104,796 Capital maintenance of the town's recreation path system; Transfer $40K of unspent in 2013 to the Library recreation path project for design Park / Playground Capital Maintenance 90,500 38,338 128,838 128,838 128,838 Annual maintenance items include projects such as playground surface refurbishing, replacing bear -proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance Donovan Park Master Plan 5,000 5,000 5,000 5,000 To separate and update the Donovan Park master plan from the Ford Park master plan Flood Incident Repairs - 847,795 847,795 847,795 847,795 Re -appropriate for re -stabilization of Dowd Junction path; Repairs to culverts, drainage, and preventative improvements Library Recreation Path Reconstruction 200,000 40,000 240,000 240,000 1,684,834 240,000 Use $40K of unsued 2013 funds in Rec. Path Maintenance for design of hte bike path; Reconstruction of the recreation path from the Vail Library to Lionshead, including 12 ft wide concrete trail, repairs to eroded culverts at Middle Creek and stream bank erosion repair (50 ft. section); Per Council 9/17/13, do planning/design in 2014 and construction in 2015 Streambank/tract mitigation 750,000 934,834 1,684,834 1,684,834 Pending Eagle River Water District study results; Includes estimates for streambank repairs (from water to bank) and riparian repairs (from bank to land area and revegetation) I�Il7/4�1L'! TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Water Quality / Storm Water 350,000 350,000 99,900 449,900 449,900 Would accompany repairs made with streambank/tract mitigation for storm water and culverts; $99.9K contribution from CDOT for water quality vaults (see revenue above) Skate Park - Temporary 260,000 260,000 - 260,000 - - 260,000 Replacement of temporary skate park; a permanent site has not been identified. Estimated cost of a permanent site is from $500K - $1.OM; Per Council 8/21/12, move budget for temp. to 2014, with intent of selecting a permanent site in the next two years. Permanent Skate Park - 75,000 75,000 Design & planning for a permanent skate park at the "Atrium" site Ford Park Portal Improvements 250,000 250,000 250,000 - 250,000 TOV portion of improvements to six portals into Ford Park; Matching contribution from Vail Valley Foundation; 2013 for design; Transferred $750K to 2013 Ford Park Fields per Council 8/6/13 ($100K tfd in 2013 and $650K in 2014) Bike Lanes: N Frontage Rd 1,500,000 1,500,000 1,500,000 1,500,000 Moved up to 2014 from 2015 to correspond with CDOT overlay next year; Bike lane shoulder from Red Sandstone school to Buffehr Creek Bike Lanes: S Frontage Rd 500,000 500,000 500,000 500,000 Bike lane shoulders: In 2013 from West Vail roundabout to Matterhorn; 2014 from Matterhorn to Cascade to be done in conjuction with Cascade CDOT parking project Ford Park Playground Safety Improvements 304,000 304,000 304,000 146,000 450,000 Ford Park playground built in 2000; improvements were previously scheduled for 2015; $450K budget per plan approved by Council Ford Park parking lot slope re -vegetation 100,000 100,000 100,000 - 100,000 Re -vegetate the slope down toward the river at the Ford Park parking lot Booth Creek Playground 385,250 385,250 385,250 385,250 Previously in 2012; deferred to 2014 Booth Creek Tennis Courts 262,000 262,000 262,000 262,000 Reconstruction of the tennis courts, pending outcome of overall park design identified below Booth Creek Park Redevelopment - 250,000 250,000 250,000 250,000 Council initially approved to supplement in 2013 during 2014 budget discussions. Dollars were moved forward from the 2017 budget for design and planning, with construction in 2017 Public Art - General program / art 80,000 311,132 391,132 391,132 391,132 To purchase sculptures, artwork, art programs and events; remainder is re -appropriated each year to accumulate enough funds; Supplement budget for annual donations, manhole cover & jewelery sales contributed during 2013 ($4,975) Public Art - Winterfest 78,730 78,730 78,730 78,730 Carry over balance from 2013 and recognize donations made for Winterfest event Total Enhancements 5,141,546 2,500,829 7,642,375 99,900 7,742,275 221,000 7,963,275 VRD-Managed Facility Projects Recreation Enhancement Account 132,014 (132,014) - - - Annual rent paid by Vail Recreation District; to be re -invested in asset maintenance; transfer 2014 rent to Golf Clubhouse and Nordic Center Golf Course - Other Improvements 108,967 725,125 834,092 834,092 834,092 2014 asphalt parking area by storage maintenance building; replacement of storage shed at the golf clubhouse; sewer repairs at maintenance facility Dobson Ice Arena 14,475 130,000 144,475 144,475 144,475 $130K needed to replace boilers originally scheduled for 2017; $14K in 2014 original budget for other maintenance items Ford Park / Tennis Center Improvements 12,270 - 12,270 12,270 12,270 Capital maintenance items per VRD agreement Athletic Fields 15,604 15,604 15,604 - 15,604 Capital maintenance items per VRD agreement Gymnastics Center - - - - 50,000 50,000 Unexpected foundation leak required immediate attention Total VRD-Managed Facility Projects 283,330 723,111 1,006,441 1,006,441 50,000 1,056,441 New Assets Golf Clubhouse and Nordic Center (CCF) - 6,268,629 6,268,629 6,268,629 - 6,268,629 2014 Transfer of $132K from REA funds; Total includes $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds thru 2014 and Conference Center funds of $3.8M (Total project cost originally estimated at $6.8M) Ford Park Improvements & Fields (CCF) Public Restrooms 4,083,953 334,174 4,083,953 334,17 4,083,953 334,174 177,000 4,083,953 511,174 Per council 8/6/13 move up $2.7M from 2014 budget plus use $100K in 2013 and $650K in 2014 from Ford Park Portal Improvements (to help offset the $1.5 shortfall) plus $218K for VVF shared costs; Re -appropriated balance plus transfer of $360K from Frontage Road Bike Lanes above for reconstruction of the streamwalk along Ford Park (reducing the slope grade from a max of 17% to a max of 6 - 7%) and transfer of $416K from Ford Park/Tennis budget; Restrooms at lower bench of Ford Park; Approved per Council 10/7/14 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2014 2014 Original 1st 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Total New Assets: 10,686,756 10,686,756 10,686,756 177,000 10,863,756 Total Expenditures 7,858,930 13,934,696 21,793,626 405,400 22,199,026 825,500 23,024,526 Other Financing Sources (Uses) Transfer from Conference Center Fund - 1,836,318 1,836,318 - 1,836,318 - 1,836,318 Transfer from Conf Center Funds for Golf Clubhouse ($3.8M) and Ford Park Field projects ($3.5M), net of transfer in 2013 Revenue Over (Under) Expenditures (3,763,204) (10,933,378) (14,696,582) 694,500 (14,002,082) 530,000 (13,472,082) Beginning Fund Balance 4,890,970 16,848,758 16,848,758 16,848,758 $ 2,846,676 Ending Fund Balance $ 1,127,766 $ 2,152,176 $ 3,376,676 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 12/16/2014 10 2014 2014 list 2014 2nd 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Supplemental Amended Comments Revenue E911 Board Revenue $ 776,956 $ $ 776,956 $ $ 776,956 $ $ 776,956 Interagency Charges 1,151,619 1,151,619 1,151,619 1,151,619 Town of Vail Interagency Charge 590,961 590,961 590,961 590,961 Earnings on Investments 8,200 8,200 8,200 8,200 Project Reimbursement - - 7500 7,500 Contribution raised for Mobile Comm Van Other - - - - - Total Revenue 2,527,736 2,527,736 2,527,736 7,500 2,535,236 Expenditures Salaries & Benefits 1,968,386 1,968,386 1,968,386 - 1,968,386 Operating, Maintenance & Contracts 550,406 550,406 550,406 7,500 557,906 Mobile Comm Van equipment offset by above contribution Capital Outlay - 3,000 3,000 3,000 3,000 Total Expenditures 2,518,792 3,000 2,521,792 2,521,792 7,500 2,529,292 Revenue Over (Under) Expenditures 8,944 (3,000) 5,944 0 5,944 0 5,944 Other Financing Sources (Uses) Part of E911 Authority's contribution to Transfer to Capital Projects Fund - - 16,800 16,800 16,800 Mobile Comm Van funded by capital conributions (normally included in E911 Board Revenue line item above) Total Financing Sources (Uses) - - 16,800 16,800 16,800 Surplus Net of Transfers 8,944 (3,000) 5,944 (16,800) (10,856) (10,856) Beginning Fund Balance 593,697 186,334 780,025 780,025 780,025 Ending Fund Balance $ 602,641 $ 183,334 $ 785,969 $ (16,800) $ 769,169 $ $ 769,169 12/16/2014 10 TOWN OF VAIL 2014 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2014 2014 Original 1st 2014 3rd Proposed Budget Supplemental Amended Supplemental Amended Comments Revenue 973,366 - 973,366 973,366 Town of Vail Interagency Charge $ 3,011,352 $ $ 3,011,352 $ $ 3,011,352 Insurance Reimbursements & Other - - - Earnings on Investments 14,650 14,650 14,650 Equipment Sales and Trade-ins 127,380 127,380 127,380 Total Revenue 3,153,382 3,153,382 3,153,382 Expenditures Salaries & Benefits 973,366 - 973,366 973,366 Operating, Maintenance & Contracts 1,467,074 15,400 1,482,474 1,482,474 Capital Outlay 975,900 148,964 1,124,864 26,000 1,150,864 Sweeper Total Expenditure: 3,416,340 164,364 3,580,704 26,000 3,606,704 Revenue Over (Under) Expenditures (262,958) (164,364) (427,322) (26,000) (453,322) Beginning Fund Balance 2,077,749 207,297 2,285,047 Ending Fund Balance $ 1,814,791 $ 1,857,725 12/16/2014 lim 2,285,047 $ 1,831,725 TOWN OF VAIL 2014 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE TIMBER RIDGE ENTERPRISE FUND Non-operating Revenues (Expenses) Interest on Investments 2013 2014 3rd 2014 16,000,000 Actual Budget Supplemental Proposed Revenue Principal Payment on Variable Rate Bonds (17,265,000) Rental Income $ 1,791,678 $ 1,848,871 $ (533,108) $ 1,315,763 Other Income 31,869 14,774 1,884 16,658 Total Revenue 1,823,547 1,863,645 (531,224) 1,332,421 Expenditures (143,748) Revenue Over (Under) Expenditures 828,168 460,366 Operating, Maintenance & Contracts 726,269 762,175 (72,242) 689,933 Capital Outlay 359,361 154,150 867,471 1,021,621 Total Expenditures 1,085,630 916,325 795,229 1,711,554 Operating Income 737,917 947,320 (1,326,453) (379,133) Non-operating Revenues (Expenses) Interest on Investments 2,883 2,760 (716) 2,044 Transfers In 16,000,000 Return of Debt Service Reserve Funds 1,538,799 Principal Payment on Variable Rate Bonds (17,265,000) Interest Expense and Financing Fees (47,931) Loan Principal Repayment to Capital Projects _ (345,966) (345,966) Fund Interest Payment to Capital Projects Fund (138,500) (143,748) (143,748) Revenue Over (Under) Expenditures 828,168 460,366 (866,803) Beginning Fund Balance 701,859 1,436,298 1,530,027 Ending Fund Balance $ 1,530,027 $ 1,896,664 $ 663,224 12/16/2014 12 ORDINANCE NO. 20 SERIES OF 2014 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICE FUND, HEAVY EQUIPMENT FUND AND TIMBER RIDGE ENTERPRISE FUND OF THE 2014 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2014 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 15, Series of 2013, adopting the 2014 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2014 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 239,171 Capital Projects Fund 235,100 Real Estate Transfer Tax Fund 825,500 Dispatch Services Fund 7,500 Heavy Equipment Fund 26,000 Timber Ridge Enterprise Fund 795,229 Total $ 2,128,500 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 affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each Ordinance No. 20, Series of2014 12/16/2014 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. 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 of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of December, 2014, and a public hearing shall be held on this Ordinance on the 16th day of December, 2014, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16th day of December 2014. ATTEST: Patty McKenny, Town Clerk Ordinance No. 20, Series of2014 Andrew P. Daly, Mayor 12/16/2014 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: December 16, 2014 ITEM/TOPIC: Adjournment (estimated 8:30 pm) 12/16/2014 TOWN OF VAIN