HomeMy WebLinkAbout2015-06-16 Agenda and Supporting Documentation Town Council Regular SessionVAIL TOWN COUNCIL
REGULAR MEETING AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., JUNE 16, 2015
TOWN QFVAIL�
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) Revised minutes from April 21, 2015 meeting
2) Minutes from May 5, 2015 meeting
3) Minutes from May 19, 2015 meeting
4) Award contract for Bighorn Creek Columbine Drive culvert replacement
project
5) Resolution No. 17, Series of 2015, A Resolution Approving an
Intergovernmental Agreement Between the Town of Vail and Pitkin County
Government Regarding the Provision of Emergency Dispatch Service
Staffing; and Setting Forth Details in Regard Thereto
(5 min. )
3. ITEM/TOPIC: Any Action as a Result of Executive Session (5 min. )
BACKGROUND: This agenda item has been added to the regular meeting
agenda in order to allow for any official action required as a result of the
executive session.
4. ITEM/TOPIC: Town Manager's Report (5 min. )
5. ITEM/TOPIC: Ordinance No. 6, Series of 2015, an Ordinance Amending
Title 5 of the Vail Town Code by the Addition of a New Chapter 13, Entitled
"Stream Tract Protection", to Prohibit Private Improvements on Stream Tract
Property in the Town of Vail. (20 min.)
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications
or deny Ordinance No. 6, Series of 2015 on second reading
BACKGROUND: The purpose of this memo is to present Ordinance No. 6,
Series of 2015, an Ordinance Amending Title 5 of the Vail Town Code by the
Addition of a New Chapter 13, Entitled "Stream Tract Protection", to Prohibit
Private Improvements on Stream Tract Property in the Town of Vail to the
Vail Town Council on second reading. If approved, this new regulation
accomplishes five objectives: 1.) further protects the public health, safety,
and welfare of the community by regulating sensitive stream tract areas in
the Town, 2.) prohibits private encroachments in stream tract areas, 3.)
further ensures that the stream tract areas remain natural open space and
serve the purposes for which they were intended, 4.) creates a procedure by
which the Town may abate an encroachment and seek reimbursement, and
5.) establishes a mandatory violation and penalty provision for failure to
comply.
STAFF RECOMMENDATION: The Community Development Department
and the Town Attorney's Office recommends the Vail Town Council adopts
Ordinance No. 6, Series of 2015, an Ordinance Amending Title 5 of the Vail
Town Code by the Addition of a New Chapter 13, Entitled "Stream Tract
Protection", to Prohibit Private Improvements on Stream Tract Property in the
Town of Vail, on second reading.
6. ITEM/TOPIC: Ordinance No. 8, Series of 2015, an Ordinance Extending the
Temporary Ban on Marijuana Establishments in the Town, Pursuant to
Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) (15
minutes)
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 8, Series of 2015, on first reading.
BACKGROUND: On June 2, 2015, the Vail Town Council held a public
hearing to discuss possible next steps with regard to establishing a
recreational marijuana policy for the community. Following discussion, the
Vail Town Council instructed staff to return to a future public hearing with
additional information to aid in adopting a recreational marijuana policy. The
Vail Town Council asked for more information on the following topics:
Outcomes experienced in similar resort communities, namely Aspen, CO.
and Breckenridge, CO., where recreational sales have been permitted. -
Potential impact to the Town's brand? • Possible benefits of allowing some
form of "club" where consumption of marijuana by members is permitted? -
Updated survey information from the lodging and restaurant owners in Vail.
Information from the Police Chiefs in both Aspen, CO. and Breckenridge,
CO.
STAFF RECOMMENDATION: The Community Development Department
recommends the Vail Town Council adopts Ordinance No. 8, Series of 2015,
on first reading, as read.
7. ITEM/TOPIC: Adjournment (7:00 p.m.)
TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2015
ITEM/TOPIC: Citizen Participation
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2015
ITEM/TOPIC: Consent Agenda:
1) Revised minutes from April 21, 2015 meeting
2) Minutes from May 5, 2015 meeting
3) Minutes from May 19, 2015 meeting
4) Award contract for Bighorn Creek Columbine Drive culvert replacement project
5) Resolution No. 17, Series of 2015, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Pitkin County Government Regarding the Provision
of Emergency Dispatch Service Staffing; and Setting Forth Details in Regard Thereto
ATTACHMENTS:
April 21, 2015 REVISED Town Council Meeting Minutes
May 5, 2015 Town Council Meeting Minutes
May 19, 2015 Town Council Meeting Minutes
Bighorn Creek Columbine Drive Culvert Replacement Contract Memorandum
Resolution No. 7, Series of 2015
Vail Town Council Meeting Minutes
Tuesday, April 21, 2015
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
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Member absent: Ludwig Kurz, Mayor Pro Tem
Staff members present: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item on the agenda was the presentation of the 2015 FIS Alpine World Ski
Championships Wrap Up by Ceil Folz, Vail Valley Foundation. The Vail Valley Foundation
event recap included information about the attendance, demographics of spectators, television
exposure, marketing and PR exposure, occupancy rates, and value received for expenditures
by the Town of Vail to the 2015 FIS Alpine World Ski Championships. Mikaela Shiffrin also
spoke about the championships and what the event meant to her personally and to the sport of
alpine skiing. Presentation highlights included information about some of the following:
✓ Unprecedented attendance for ski racing in the U.S.
✓ Unmatched television production quality for the sport
✓ worldwide
✓ 40.1 million social media impressions since February 1
✓ #Vai12015 trended as a top 10 topic on Twitter
✓ Athlete participation from 68 nations
✓ W4 More than 1,200 accredited media covering the event onsite
✓ Nearly 70 billion PR impressions
✓ Occupancy rates of roughly 95% on weekends throughout
✓ More than 2,200 volunteers and 175,000 volunteer hours
✓ Unmatched television production quality
✓ Record breaking coverage
Mayor Daly thanked Mikaela Shiffron, championship's gold medalist and resident of Eagle
County, for representing the community and making everyone so very proud. Moffet noted the
state legislature adopted a resolution recognizing volunteers who helped with the event. Town
Manager Stan Zemler thanked Ceil Folz and the Vail Valley Foundation for "making it happen"
and doing an extraordinary job of producing the event. Ceil Folz noted the success in the
production and hoped to one day do it all over again.
Town Council Meeting Minutes of April 21, 2015
Page 1
6/16/2015
The second item on the agenda was Citizen Participation with input as follows:
1. Jonathan Levine, Hummers of Vail, distributed envelopes to council and town attorney
expressing continued concerns about police department and asking them to reconsider
repealing their transportation ordinance.
Mayor Daly noted the legal matter had been turned over to the District Attorney's Office and
there is no further role by the town on this matter.
2. Larry Cavanaugh, Vail Chamber and Business Association, spoke about some observations
on the 2015 WASC event thanking the merchants for their support, noting the differences of
benefits for the merchants, and requested future focus on Lionshead activation.
3. Bob Boselli, OBO Enterprises owner of numerous Vail stores, also echoed request to
activate Lionshead area in order to draw more crowds in that direction.
4. Dave Gorsuch, resident and business owner, expressed his appreciation of Mikaela Shiffron
and the Vail Valley Foundation for their efforts with the 2015 championships. He also
commented on his disappointment with the Spring Back to Vail weekend, noting the
activities do not align with Vail's brand and family atmosphere. He spoke about numerous
details that were very disturbing and asked that the event be reconsidered, including the
music, the type of crowd it attracts, and the final pondskimming event drawing the wrong
crowd.
5. Eric Perkins, resident, spoke about his concern for the Gore Creek, showing some video
that show issues near the water treatment plant and impacts on muddying this location of
the river. He requested that those responsible pay more attention to improving this area
with better drainage. He recently fished this area and noted there are some very good
improvements with the river life in the Gore.
The third item on the agenda was the consent agenda which included the following:
1. Resolution No. 10, Series of 2015, A Resolution Approving an Intergovernmental Agreement
(the "IGA") Between the Town of Vail and the Eagle River Water and Sanitation District (the
"District") for the Covered Bridge Project; and Setting Forth Details in Regard Thereto
Bugby moved to approve Resolution No. 10, Series of 2015; Moffet moved to second the motion
and it passed unanimously by those present (6-0).
2. Minutes from March 3, 2015
Bugby moved to approve the March 3, 2015 minutes; Moffet seconded the motion and it passed
unanimously by those present (6-0). Mayor Daly noted a couple of corrections that were
already provided the town clerk.
3. Minutes from March 17, 2015
Bugby moved to approve the March 17, 2015 minutes; Chapin seconded the motion and it
passed unanimously by those present; Moffet abstained since he was absent that day (5-0).
The fourth item on the agenda was the appointment to Design Review Board (DRB). It was
noted the interview was conducted during the work session and this action would serve as the
final appointment, member number five, to the Design Review Board. Moffet moved to approve
Peter Cope to DRB; Chapin seconded the motion and it passed unanimously by those present
(6-0).
The fifth item on the agenda was Any Action as a Result of Executive Session and there were
no actions taken.
The sixth item on the agenda was Town Manager's Report which included:
1) Sports fields open this weekend with soccer tournament — first event on new turf
2) The Intermountain Fuels Reduction Project Memorandum - Vail Fire Department.
Town Council Meeting Minutes of April 21, 2015
Page 2
6/16/2015
Mark Novak, Fire Chief, and Paul Cada, Wildland Fire Coordinator, were present to answer any
questions. Mayor Daly was pleased to see USFS moving forward with the project and is
concerned they may not address all the area.
The seventh item on the agenda was the Lionshead Structure Permanent Skate park Update
presented by Todd Oppenheimer, Town Landscape Architect; Chad Young, Vail Recreation
District Representative; Cameron Chaney, Skate park Committee Member; Mike Dunlap, Skate
park Committee Member. In summary, Town Council was asked to consider and give direction
on the three items relating to the Lionshead Skate Park:
1. Approve the Lionshead Parking Structure proposed site as the location for a permanent
skate park in Vail.
2. Approve an overall project budget for the construction of a permanent skate park of
$1,550,000 to be included in the next supplemental budget.
3. Award the contract for the design portion of the Design/Build skate park contract to
California Skate parks in the amount of $83,500.
It was noted the Town Council has discussed the feasibility and potential budgets of a
permanent skate park in the proposed site of the Lionshead Parking Structure and directed staff
to continue refining preliminary skate park design, solicit proposals from qualified skate park
contractors and investigate the project for ramifications related to the possibility of adding a 4th
deck to the garage, in addition to any other issues that may prevent the project from moving
forward at this time. There was a review of the site selection overview and history, with slides
showing views from the proposed location, with several advantages identified including noise,
light, parking, access, convenience. There were some Town Council comments about the
proposal as follows:
✓ Want the skate park to be world class product
✓ Liability issues were identified and discussed
✓ Group was commended for creativity and effort
✓ Many think the town desperately needs a skate park
✓ This is a compromise and is not a state of the art facility or world class
✓ Proposal included integrated public art opportunities and would need this so it looks inviting
and innovative
Rogers moved to approve the proposed site, the gap between the north and south ramps of the
Lionshead Parking Structure, as the location for a permanent skate park in Vail. Moffet
seconded the motion. There were several reasons she noted which supported her motion, 1)
there has been ample review of the topic which has been very thoughtful, 2) the location is safe
for spectators and very accessible for visitors, 3) the park will be a real asset to the town. She
raises the question about the costs at this time and further discussion with Todd Oppenheimer
continued about the project budget outlined below and selection process.
Skatepark design and public process $ 83,500
General construction, site work, electrical, safety screen $ 523,670
Skatepark construction per final design $ 614,350
Additional skatepark mini ramp $ 65,000
Integrated Public Art $ 50,000
Engineering and Code Analysis $ 59,380
Contingency $ 154,100
Total $1,550,000
The process for selection of a design/build contractor included a request for qualifications with
11 firms responding, and then a request for proposal was issued to 6 companies with 4
responding. They conducted interviews with 4 companies, completed reference checks,
reviewed and evaluated responses and approach of each company, with final recommendation
Town Council Meeting Minutes of April 21, 2015 Page 3
6/16/2015
presented to work with California Skate Parks. The schedule was noted with design and
approvals to occur from May through July and construction slated for August through October
2015. Mayor Daly asked for public input at this time and Billy Suarez, VRD and resident, spoke
about his skeptism and concerns as to whether the proposal would meet a world class status
but was generally supportive as there is a great need for the activity for kids. Council's input
addressed some preferences about reviewing and approving the design before doing next steps
and use of some local vendors to do the work. There was also some information presented by
Greg Hall, Director of Public Works, which addressed improvements and costs to the
transportation structure that would add a 4th level.
Mayor Daly noted the motion on the floor (by Rogers to approve the Lionshead Parking
Structure proposed site as the location for a permanent skate park in Vail with a second by
Moffet). Bugby questioned if the location was the most ideal one and hopes to make the park
safe and world class. He also noted his preference to only address the design budget and not
the entire budget. Zemler noted the total protected budget was not in the 2015 budget; it was
noted $206K was budgeted for the temporary skate park and $75K included for the new skate
park design services. He suggested Council not address the total budget identified ($1.5M) until
the design is completed and then a total proposed budget for the prosect would be presented.
Rogers noted her motion only addressed one topic to approve the Lionshead Parking Structure
proposed site as the location for a permanent skate park in Vail. The motion seconded by
Moffet was approved unanimously (6-0). Rogers then moved to award the contract for the
design portion of the Design/Build skate park contract to California Skate Parks not to exceed
the amount of $83,500. The motion seconded by Moffet was approved unanimously (6-0).
Council thanked the aroua for their work and commitment to the eroiect.
The eighth item on the agenda was 2014 Year-end Investment presented by Kathleen
Halloran, Finance Director. No formal action was requested since the item was informational
only. She noted Section 2-2-8 of the Town Code required an annual presentation of the town's
investment report, which is also provided as a written report each quarter. The review included
information through December 31, 2014 with a review of the guiding policy principles and
objectives. Several graphics that represented the yield, results, comparisons, and investment
strategies were reviewed as well as an investment outlook summary below:
Expect the low interest rate environment to continue
Stick to our investment policy objectives: safety, liquidity, and yield
Continue to manage investment mix and decrease maturities until rates increase
Make strategic decisions for use of cash for capital projects as appropriate
Update the town's investment policy to allow participation in the ColoTrust Plus plan which
invests in commercial paper
The ninth item on the agenda was second reading of Ordinance No. 5, Series 2015 an
Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund,
Real Estate Transfer Tax Fund, Heavy Equipment Fund and Timber Ridge Enterprise Fund.
Kathleen Halloran, Finance Director, noted two changes:
1) Reduced Capital Improvements Fund by $450K (removed expenditure for ventilation
system at Donovan Pavilion)
2) Increased General Fund for bus service expenditures related to Ford park summer
transit services
Greg Hall presented Ford Park in -town bus service extension proposals for the summer 2015
service and related costs based on feedback from user groups and council direction during the
Town Council Meeting Minutes of April 21, 2015 Page 4
6/16/2015
April 7 Vail Town Council meeting. He noted Ford Park is served in two ways during managed
parking days, 1) the in -town shuttle is extended to include the Ford Park stop on Vail Valley
Drive; and 2) the Ford Park Express Service runs between Lionshead, Vail Village and Ford
Park via the Frontage Road. Several extended In -town service scenarios were reviewed:
• Memorial Day through the end of September
• Memorial Day through Labor Day
• June 14- Labor Day
• June 14- August 8, this is the last day ford park managed parking day interferes with Nature
Center programs.
The staff reviewed the service from the hours of 9AM-6PM in addition to an evening period from
6PM-9PM. The costs of providing the various service levels are as follows:
9AM-6PM 6PM-9PM
Memorial Day through the end of September $ 92,835 $ 31,146
Memorial Day through Labor Day $ 80,419 $ 13,667
June 14- Labor Day $ 65,693 $ 9,515
June 14- August 8 $ 34,868 $ 4,498
There was general council support to increase services along with some questions about
ridership numbers and impacts to the Frontage Road service. Rogers moved to approve
Ordinance No, 5, Series of 2015, a supplemental budget ordinance that included transit services
to run from Memorial Day through September 30, 2015 up to the estimated number $92, 835.
Further discussion ensued about the timeframe for providing the services and demand for
services which then resulted in Roger's moving to amend the motion to approve on second
reading Ordinance No. 5 which included the extensions of transit services beginning June 14,
2015 through the end of September 2015 from the hours of 9 am until 9 pm with a maximum
amount not to exceed $150,000. Moffet seconded the motion and it passed (6-0).
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 Bugby seconded the motion which
passed unanimously, (6-0) and the meeting adjourned at 8:25 p.m.
Respectfully Submitted,
Attest:
Andrew P. Daly, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of April 21, 2015
Page 5
6/16/2015
Vail Town Council Meeting Minutes
Tuesday, May 5, 2015
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 present: Stan Zemler
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation
Paul Sideman, resident of Chamonix Chalets, shared his observations about speeding on
Chamonix with a request for more signage and striping to help mitigate the problems. He would
support speed dips as well.
Kerry Thelan, Director, and Kerry Conklin, President, Vail Valley Soccer Club, shared
concerns about the rental of the Ford Park fields to the Storm Club, front range based
soccer club, for a tournament this upcoming summer. They noted the club misrepresented
their booking and it would conflict with the VVSC fall tournament efforts and their ability to
fundraise for their local club.
Mike Ortiz, VRD, confirmed there is an executed contract with the club for their tournament.
He expressed support for reviewing the impacts of field rental to non local groups who may
compete with local groups and tournaments. He noted their contract does not require
groups to identify greater details about their events.
Moffet expressed he was not supportive of outside groups using Vail's field for their
tournaments unless there is correlation with Vail's other amenities, especially since this group
has nothing that connects the attendees to Vail's lodging.
The second item on the agenda was the consent agenda as follows:
1. Resolution No. 11, Series of 2015, A Resolution Approving an Intergovernmental Agreement
(the "IGA") Between the Town of Vail and the Eagle River Water and Sanitation District (the
"District") for the Rockledge Road and Forest Road Project; and Setting Forth Details in
Regard Thereto
Moffet moved to approve Resolution No. 11; Bugby seconded the motion and it passed
unanimously (7-0).
2. Proclamation No. 2, Series of 2015, A Proclamation declaring May 2015 as Building Safety
Month
Town Council Meeting Minutes of May 5, 2015 Page 1
6/16/2015
Martin Haeberle, Chief Building Officials, spoke about the proclamation and Rogers then read
the proclamation in entirety. Rogers moved to approve Proclamation No.2; Kurz seconded the
motion and it passed unanimously (7-0).
3. Minutes from April 7, 2015 meeting
Moffet moved to approve minutes from April 7, 2015; Bugby seconded and the motion passed
unanimously (7-0).
4. Camera System for Transit Buses Contract Award
Clarification was provided by Greg Hall, Director of Public Works, about the bid process and
final determination on the vendor; he noted the decision was about selecting the most
responsive bidder who met the performance criteria established. Moffet moved to authorize the
Town Manager to enter into an agreement, in a form approved by the Town Attorney, with
Mobile View to complete a camera system in the Town of Vail transit fleet as proposed in the
amount not to exceed $292,009. Bugby seconded and the motion passed unanimously (7-0).
The third item on the agenda was any action as a result of Executive Session and there were
none.
The fourth item on the agenda was Town Manager's Report which included information about
the following items:
1. 2016 Budget Preview meeting proposed for Tuesday, July 7, 2016
A meeting to begin discussion about the 2016 budget was proposed for morning of July 7th on
same day as council meeting.
2. Marijuana Policy Ordinance Update
It was noted staff would return with additional information about marijuana policy
recommendation on the moratorium. Rogers requested information about what other
communities are doing in this regard, problems identified, revenue generated. Daly requested
the item be scheduled for evening meeting agenda and an update from Director of Community
Development, George Ruther, and his stakeholder committee review.
3. Invitation from Avon Town Council to meet to discuss topics of interest in June; there would
be further review of the date proposed and topics for discussion.
The fifth item on the agenda was the 1-70 Vail Underpass Funding Decision as presented by
Tom Kassmel, Public Works Engineer, with a request for additional funding for the 1-70 Vail
Underpass construction. 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.
He noted the Project is currently over the original cost estimate and in order to keep this project
on schedule, and to utilize the RAMP funds, the Town of Vail would need to commit to a
maximum dollar amount to contribute to this Project. The maximum contribution amount would
be submitted to the Colorado Transportation Commission for review and final funding request
during their June meeting. Based on this design, the design team completed an updated
Opinion of Probable Construction Cost (OPCC#2), completed by the projects Construction
Manager/General Contractor (CMGC) contractor, Edward Kraemer & Sons, and an independent
cost estimator, Stanton Constructability Services. The total project cost was now estimated at
$30.1 million, $9.3 million over the original estimated budget. So in order to maintain the current
CDOT/Town of Vail funding partnership of 71%/29% respectively, the minimum additional
funding the Town would need to provide is $2.73 million and CDOT would need to provide $6.57
million. This cost updates do not include the additional incremental funding the Town may
decide to budget for Art in Public Places, which is recommended to be $335,000 by the AIPP
Town Council Meeting Minutes of May 5, 2015 Page 2
6/16/2015
Board. He noted the Town's $2.73 million additional contribution for the Project could be
reduced by a credit of $0.2 million for in kind town staff salaries for project management,
resulting in an additional funding need from the Town of $2.53 million for the Project plus
$335,000 for art, or a total net additional cash contribution of $2.865 million funded by the VRA.
This estimated additional lump sum contribution would be reviewed by the Transportation
Commission, if a decision is made to fully fund the Project, then a final IGA would be executed
and the remaining funding and construction risk of the Project would be assigned to CDOT.
Tom Kassmel presented a 3D video describing the project and 2D rendering of the project with
additional information presented in a slide show.
✓ purpose & need of the project —
✓ Cost Sharing: 29% share cost for tov & 71 % from cdot cost share with total cost coming in
around $30M
✓ Land Acquisition processes would need to begin this summer
✓ Construction impacts and timing were reviewed
✓ Estimated costs were reviewed
✓ There could be various ways identified in which to fund the entirety of the project, i.e. use of
other grants, nothing is guaranteed at this time
✓ There is a final design on the project
✓ Deadlines were reviewed as required by the RAMP projects
✓ Vail Reinvestment Authority budget and long range projections were reviewed
✓ Unfunded projects list from both the RETT & CIP funds was identified
✓ Next steps were reviewed
✓ If funded, the Project schedule will be as follows;
ROW Acquisition Process May 2015 - May 2016
CMGC Contract Negotiations Dec. 2015 - Jan 2016
Public Bid if CMGC is unsuccessful Jan 2016 - March 2016
Construction April 2016 - Dec. 2017
✓ If unfunded, the Project will be "shelved" indefinitely until funded.
Council input was as follows:
Rogers wanted to understand the list of all projects and funding capabilities and the list of
projects that would be unfunded. Finance Director Kathleen Halloran reviewed some of the
projects in the projections. When asked about funding a list of projects it was noted VRA would
fund the following:
1. Municipal Site Re -development estimated $15M
2. LH Skate Park estimated $1.5M
3. Recreation trails/path estimated $2M
4. Parking Structure maintenance / improvements estimated @ $18 (remodel) to $38 M (total
reconstruction)
5. Chamonix project TBD
6. East Vail interchange TBD
7. West TimberRidge TBD
In conclusion, it was noted the funding ability is adequate and the funding details would require
further consideration.
Moffet noted his concern about the assumptions of the growth in costs with further discussion
occurring about the TIGER funding program.
Daly asked the question "should the town approve the additional funding or "kick the can down
the road" and opened the topic to public comment.
Town Council Meeting Minutes of May 5, 2015
Page 3
6/16/2015
Charlie Calcaterra, Simba Run resident and board member, expressed concern about
estimated costs of the land acquisitions by CDOT as too low; he noted they continue to
review the project and these numbers with a consulting attorney and their approach would
be to sell their right of way land at market value. They are also very concerned about
commitments and decisions made up to this point which may now be in jeopardy.
Bob Armour, resident, expressed support of this project moving forward and noted he
wished they had done so 20 years ago when it was first on the table. He thanked Tom
Kassmel for his work and commitment on the project.
Kevin Foley, resident, expressed support of the project and sees it as a benefit for the
citizens of the community; it is a project long overdue.
Carol Calcaterra, Vail taxpayer, questioned the estimated costs cautioning that there are no
guarantees with cost estimates, and likely the project will bid higher. She preferred
spending the dollars on other projects for the town.
Daly asked about the value engineering pricing process and how the staff and CDOT could
further identify opportunities for savings without reducing some of the commitments. Bugby
moved to approve the additional funding at $2.73M (without public art costs), however there was
no second to the motion. Chapin moved to approve the additional funding in the amount of
$2.865 M for the project, noting that the project supports improving the guest experience by
reducing congestion and creates a more optimum situation as new growth is planned and
implemented. In addition he noted the safety pedestrian enhancements the project will address
as well. Bugby seconded the motion. Kurz also expressed support of the project noting that
some of the capital projects on the table are answer to staying competitive. Moffet expressed
concerns about the project noting its speculative nature; he preferred monies be spent on
projects like the Chamonix project. Bruno expressed concerns about cost increases, but knows
some of the improvements address safety and connectivity needs which she supports. Bugby
noted the importance of the project to some of the neighborhoods and the need for better
access for the town residents. Daly expressed support for the project for all the reasons stated
and sees CDOT as an excellent partner in a much needed project. Rogers remained conflicted
about the project and encouraged CDOT to stay consistent with the cost sharing breakdown.
The motion passed (6-1; Moffet opposed).
The sixth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which
passed unanimously, (7-0) and the meeting adjourned.
Respectfully Submitted,
Attest:
Andrew P. Daly, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of May 5, 2015 Page 4
6/16/2015
Vail Town Council Meeting Minutes
Tuesday, May 19, 2015
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:
Members absent:
Staff members present
Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Dave Chapin
Greg Moffet
Margaret Rogers
Jenn Bruno
Dale Bugby
Stan Zemler
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
The first item on the agenda was DRB/PEC updates; there were no call ups on the actions of
the boards.
The second item was on the agenda was a listing of information updates identified below:
1) Community Picnics: Proposed Dates - July 14 and August 11 (Tuesdays); it was proposed
to be scheduled July 281H instead of July 14tH
2) Eagle County District Attorney follow-up investigation correspondence
3) CSE May 6, 2015 DRAFT Meeting Minutes
4) VEAC May 12, 2015 Meeting Minutes
5) REVISED May 5, 2015 Revenue Highlights
6) Ford Park Maintenance Update
In response to a Town Council request, an update was provided on this topic. There was
some background information presented in the packet memo that spoke to a meeting of the
user groups, i.e. staff from the Town of Vail, Vail Recreation District, Vail Valley Foundation
and the Betty Ford Alpine Gardens, which occurred August 24, 2014 and December 2,
2014. The discussions focused on the maintenance responsibilities for the landscape areas
and buildings at Ford Park. The purpose of the meetings was to resolve the following items.
• Define maintenance boundaries
• Define expectations for the level of quality and frequency of maintenance
• Identify areas that need to be improved
Greg Hall, Director of Public Works, answered questions related to this topic and noted that
the agreement is only in draft form and would be reviewed with the user groups in the near
future, along with other amendments drafted for their leases. Town Attorney recommended
the maintenance agreements would be included as an exhibit to the leases and further
internal staff review was in order.
Town Council Meeting Minutes of May 19, 2015 Page 1
6/16/2015
The third item on the agenda was Matters from the Mayor, Council and Committee Reports with
updates as follows:
■ Moffet shared that he was appointed to the Colorado's State Land Board which manages
endowment of assets held in trusts for financial support of Colorado's public schools.
■ Kurz spoke about his attending Battle Mountain High School's student recognition awards
program.
■ Chapin thanked Public Works for finishing covered bridge improvements earlier than
expected. He also mentioned the attention being given to mitigating speeding on Chamonix
Road in hopes of reducing speeding in the neighborhood.
■ Daly noted the legislation that was approved and signed at Beaver Creek last week with
action which authorizes more study on the snow tires regulations. He also expressed
disappointment with the passage of restricting legislation related to urban renewal process
and authorities. He also asked that further review be given to the town's clean up day in
light of minimal participation, he suggested evaluating if it might be better repositioned as a
community event and not a charitable event and move it to the weekend instead of a week
day. And finally there was mention of CDOT's maiden voyage event on June 11 for the
Bustang, a new interregional bus service traveling to and from Denver's Union Station.
The ninth item on the agenda was the Vail Youth Recognition Awards with Scott O'Connell, Vail
Recreation District presenting (this item was moved from later in the meeting). He spoke about
the awards as an annual Vail Youth Recognition Award to be given to a qualified recipient, one
each from Battle Mountain High School and the Vail Mountain School. The purpose of the
award was to recognize and reinforce outstanding achievement by youth of the Upper Eagle
Valley, both for their individual achievements and as role models for their peers. Awards were
presented to Alex Plzak, Battle Mountain High School, and Kaylie Evans of Vail Mountain
School. Daly expressed congratulations to the students and commended their leadership
amongst younger people, recognition for their setting the example for other students and their
contributions to making the Vail Valley a very special place.
The fourth item on the agenda was the Executive Session and Moffet moved to convene to
executive session pursuant to: 1) C.R.S. §24-6-402(4)(b) - to receive legal advice on specific
legal questions Regarding: update on pending litigation Town of Vail , Staufer Commercial LLC
and Vail Village Inn, Inc. v. Village Inn Plaza — Phase V Condominium Association and Town of
Vail Case No. 2014CV30259. Kurz seconded the motion and it passed unanimously. The
Town Council met in Executive Session at 5:25 p.m. and adjourned at 6:00 pm and reconvened
the regular meeting at 6:05 p.m.
The fifth item on the agenda was Citizen Participation with public input as follows:
Diane Johnson, ERWSD, invited the community to attend the annual state of the river
meeting this Thursday, May 21 Colorado Mountain College in Edwards at 6 p.m. She noted
the topics as 1) state of the river in balance all the way down to Mexico, 2) land use and
water planning, and 3) water quality. It was noted Town of Vail staff member Kristen
Bertuglia would be seated as one of the panel speakers. Rogers asked if there would be a
report of some sort to the town council as well as the public who maybe interested.
The sixth item on the agenda was the consent agenda as follows:
1) Minutes from April 21, 2015 meeting
Moffet moved to table the minutes so the town clerk could review the video from the meeting
and confirm the language of the motions made by Rogers. Kurz seconded the motion and it
passed unanimously (5-0).
Town Council Meeting Minutes of May 19, 2015 Page 2
6/16/2015
2) Approval of Vail Police Department Budget Adjustments Memorandum
Moffet moved to approve the budget adjustments made by VPD; Kurz seconded the motion and
it passed unanimously (5-0).
3) TIGER VII Grant Application - letter of support
Moffet moved to authorize the Mayor to sign on behalf of town council the letter of support for
the TIGER VII grant application; Kurz seconded the motion and it passed unanimously (5-0).
4) Charging Stations Grant and Budget Memorandum
Moffet moved to approve the change to the budget revenues and expenditures related to the
charging stations upgrades, which includes upgrading the electrical conduit to the station sites
and equipment/installation of wireless communication devices. Rogers seconded the motion
and it passed unanimously (5-0). It was noted the charging stations would be connected to the
town's parking system, enabling customers to make a reservation to use the charging station
and receive a text message from the system when the charging is complete. The town would
also have the ability to charge the customer's "EV Card" for the service at the point of exiting the
structure. There was a request to create an educational public outreach on the upgrades and
the program offerings and the change would be included in the next supplemental budget
ordinance.
The seventh item on the agenda was any action as a result of executive session and no action
was taken at this time.
The eighth item on the agenda was the Town Manager's Report and there were no items
reported on at this time.
The tenth item on the agenda was the 2015 Burton US Open Snowboarding Championships
Wrap up as presented by Nick Sargent, Burton Snowboard. The final presentation to the Vail
Town Council recapped the attendance, demographics of spectators, television exposure,
marketing and PR exposure, occupancy rates and value received for expenditures by the Town
of Vail to the 2015 Burton US Open Snowboarding Championships. Other topics which were
discussed included:
■ A recap of their best event ever which is in its third year, a great sports event for community
and visitors
■ 2015 USO Burton Event goals were identified and reviewed
■ Event success highlights, i.e. athletes, visitor profiles, snowboarders, TV programming,
webcast production, media attendance, social media review, with final review of the 1) local
merchants, 2) local youth, 3) community
■ Review of their first year to implement a survey completed by RRC in order to establish a
baseline; some interesting information was captured
■ Currently negotiating another 5 year commitment with Vail Resorts Inc. for mountain
operations of the event
■ Their Burton booklet helped recap the event for the community
■ Discussions about 2016 event to be held February 29 through March 5
Town Council expressed appreciation to the event promoters for the success of the event and
expressed enthusiasm for continuing to host the event.
The eleventh item on the agenda was a review of parking with the redevelopment of the Vail
Municipal Site. The purpose of the discussion was to provide an update on the potential of
constructing a structured parking garage on the Town -Owned Municipal Site. George Ruther,
Town Council Meeting Minutes of May 19, 2015 Page 3
6/16/2015
Director of Community Development noted no action was required, however, based upon the
information shared in the update any issues, questions or concerns would be requested. The
Vail Town Council instructed town staff to explore the option of constructing a structured parking
garage on the Town -owned Municipal Site. Specifically, the option of constructing a parking
structure that would not only meet the parking needs of the municipal office building use on the
site, but also the opportunity to partner with the Vail Valley Medical Center to address a portion
of the parking needs of the VVMC. At this time, it was anticipated that the municipal office use
would generate the need for approximately 80 spaces. There was a review of a site plan with 2
different concepts. Council members expressed concern about giving up options on
redeveloping the town site by overcommitting to a parking structure that would provide parking
to VVMC, at this time. There was some input and discussion about the elevation of a parking
garage. Representatives from Vail Valley Medical Center were present, including CEO Doris
Kirchner. Other council comments included:
Rogers preferred to hold onto town land for town uses and not give away for medical facility
parking uses at this time. She'd like to create some kind of "learning campus" on the town
site.
Moffet preferred that VVMC solve its parking challenges on their campus and suggested the
costs do not really outweigh the construction of the spaces.
Kurz preferred to really research the town's municipal site and make sound decisions as to
what happens on the site to maximize its use.
Rogers supported the idea of prioritizing what the uses would be on the property and was
more concerned about preserving the town.
Chapin supported protecting, controlling and improving the town's asset at this time and was
not supportive of providing the additional parking at this time.
Daly also supported the idea of a future learning center on the municipal site. He suggested
evaluating the town's chartered bus site as a possible location to partner with VVMC for
parking.
Rogers moved to not consider building parking on the municipal site in partnership with the
Vail Valley Medical Center, and asked that the Town require VVMC meet their parking
requirements on their medical facility campus site. She revised the motion then included
that no further conversations would be held on this proposal presented. Moffet seconded
the motion and also agreed that this current proposal not be presented again.
Daly asked for public input at this time and Jim Lamont, Vail Homeowners Association,
suggested completing an analysis and a cost benefit proposal on the parking options so that the
community can understand what those numbers might include. Kurz noted he was not
necessarily on board with the motion since it implies the town would preclude any further review
of such potential parking proposal on the site. Ruther noted their expectation was not to take
any formal action on the topic, but rather just take questions and concerns. Rogers clarified that
the motion indicates that staff has spent enough time on this particular proposal and site plan.
The motion passed with a majority vote (3-2; Daly and Kurz opposed).
Town Council Meeting Minutes of May 19, 2015 Page 4
6/16/2015
The twelfth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which
passed unanimously, (7-0) and the meeting adjourned 7:30 p.m.
Respectfully Submitted,
Attest:
Andrew P. Daly, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of May 19, 2015
Page 5
6/16/2015
WIWI
Memorandum
To:
From:
Date:
Subject
Town Council
06/16/2015
Bighorn Creek Columbine Drive Culvert Replacement Contract Award
ITEM/TOPIC
Bighorn Creek Columbine Drive Culvert Replacement Contract Award
ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Icon Inc. to complete the
Bighorn Creek Columbine Drive Culvert Replacement Contract Award Project.
BACKGROUND
Bids were received on June 2, 2015 from 6 contractors ranging from $382,000.00 to
$746,852.00; Icon Inc., Schofield Excavation, Kissner General Contractors, Site
Resource Management, United Companies and American West Construction. The
project is within budget. The existing culvert is in disrepair and small sink holes have
occurred above the culvert the past three years. The culvert will be replaced with a
concrete box culvert. The project is scheduled to begin mid July and be completed by
October 15, 2015.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the
Town Attorney, with Icon Inc. to complete the Bighorn Creek Columbine Drive Culvert
Replacement Contract Award Project in the amount not to exceed $382,000.00.
RESOLUTION NO. 17
Series of 2015
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
VAIL AND PITKIN COUNTY GOVERNMENT REGARDING THE PROVISION OF EMERGENCY
DISPATCH SERVICE STAFFING; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a
home rule municipal corporation duly organized and existing under the laws of the State of Colorado and
the Town Charter (the "Charter ");
WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly
elected and qualified;
WHEREAS, the Town and Pitkin County Government (the "Parties") each maintain and operate
radio communications systems for the transmission and dispatching of messages relating to fire and/or
police protection and other public safety services;
WHEREAS, the Parties desire to enter into an agreement for the provision of extra -duty
dispatching staff at such times as emergency dispatch staffing assistance is needed by one party and
available from the other; and
WHEREAS, the Council's approval of Resolution No. 17, Series 2015, is required to enter into the
Intergovernmental Agreement (the "IGA").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves the IGA and authorizes the Town Manager to
enter into the IGA with Pitkin County Government, in substantially the same form as attached hereto as
Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Vail held this 19`h day of June, 2015.
Andrew P. Daly, Town Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 17, Series of 2015
6/16/2015
EXHIBIT A
MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
This Memorandum of Understanding for the Provision of Emergency Dispatch
Services Staffing (referred to hereafter as the "MOU") is made and entered on this
day of June, 2015 by and between the TOWN OF VAIL, a Municipal
Corporation (the "Town") and PITKIN COUNTY GOVERNMENT, a political
subdivision of the State of Colorado, on behalf of its Pitkin County Regional Emergency
Dispatch Center (the "County"). Town and County shall be referred to herein together as
the Parties.
WITNESSETH
WHEREAS, the Parties each maintain and operate radio communications
systems for the transmission and dispatching of messages relating to fire and/or police
protection and other public safety services; and
WHEREAS, at times each of the parties need additional emergency dispatching
staff at their respective communications centers; and
WHEREAS, the Parties desire to enter into an agreement regarding their
provision of extra -duty dispatching staff each to the other when such staffing is necessary
and available; and
WHEREAS, the Parties are governments authorized to enter into agreements
pursuant to C.R.S. § 29-1-203 for purposes including the provision of any function,
service, or facility lawfully authorized to each; and
WHEREAS, the interests of the public are best served by the Parties entering into
an agreement for the provision of extra -duty dispatching staff at such times as such
emergency dispatch staffing assistance is needed by one party and available from the
other.
NOW, THEREFORE, in consideration of the mutual benefits that will inure to
the public and the Parties, and the mutual covenants, agreements and promises set forth
hereinafter, the Parties hereto agree as follows:
1. Assignment of Extra Duty Staff. Upon request and on an as -available basis,
the Parties shall assign one or more of their qualified dispatch employees ("Extra Duty
Staff") to provide dispatch services for the other party at such other party's
communications centers. The sole responsibility of Extra Duty Staff during their
assignment pursuant to this MOU shall be to provide usual dispatch services in
accordance with all applicable professional standards, including answering 9-1-1
6/16/2015
emergency phone calls, answering non -emergency phone calls, and providing resource
assignment and monitoring of law, fire, and medical units.
2. Requests for Extra Duty Staffing. Requests for assignment of Extra Duty Staff
shall be made at least seventy-two (72) hours in advance of the time of assignment.
Requests for assignment of dispatch employees shall be made by the requesting party's
department director to the other party's department director, or their respective designees.
Assignments of Extra Duty Staff may be cancelled only on a minimum of three (3) hours
notice. The minimum assignment shall be for two (2) hours.
3. Compensation. Compensation hereunder shall be at a rate of $37.00 per hour
per Extra Duty Staff person, excluding travel time. In addition, should the shift last
longer than originally scheduled, or circumstances require the Extra Duty Staff to stay on
site later than originally scheduled, the requesting party is responsible for such additional
compensation as would be paid at the overtime rate of the Extra Duty Staff's employer.
Each Extra Duty Staff person shall maintain a time record in the form of Exhibit "A",
which time record shall be completed and initialed by the employee at the end of the
extra duty shift, and presented to the requesting party's communications department
director or his or her designee for review and billing The employer of the Extra Duty
Staff who provided services hereunder shall prepare a monthly invoice and present the
invoice to requesting party's communications director. Invoices shall be paid within
thirty (30) days of the date they are received by the requesting party's communications
director and a copy of the invoice shall be included with such monthly payment.
4. Emergency Availability. Any Extra Duty Staff shall, at all times while assigned
as provided in Paragraph 1, be available to respond to any incident occurring within the
requesting party's jurisdiction for the period of time that the Extra Duty Staff person's
employer in the sole discretion of the employer's director or the requesting party's
director determines to be an emergency, at the time whichever request is made first.
5. Relationship of Employee. Extra Duty Staff assigned hereunder shall at all
times remain in their respective party's employment acting within the scope of his/her
employment.
6. Release of Liability — Insurance.
In further consideration of the terms and provisions contained in this agreement,
the Parties release and hold harmless each other for the acts performed by the respective
employees in reliance of this agreement. The Parties further recognize that supervision of
the Extra Duty Staff shall be by the Party receiving the benefit of the Staff's person's
time although responsibility for the acts of the Extra Duty Staff person shall be the Party
for whom the Staff person is directly employed and not the Party for whom the Staff
person working. Both Parties agree to maintain general liability insurance for any Extra
Duty Staff consistent with their other employees during the time the Staff person is
working for the requesting Party.
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7. Term and Termination of MOU. This MOU is effective as of the date first
written above and shall remain in effect until such time as either party, on ten days notice,
has terminated it by written notice to the other.
8. Notice. Notices given and invoices submitted by the Parties hereunder shall be in
writing and delivered to the appropriate below stated address by hand, certified or regular
U.S. Mail. Either party may from time to time designate in writing substitute addresses or
persons to whom such notices shall be sent.
Pitkin County Regional Emergency Dispatch Center
Attn: Director
506 E. Main St., Dept C
Aspen, CO 81611
Town of Vail Communications Department
Attn: Director
75 S. Frontage road West
Vail, CO 81657
9. General Terms and Provisions.
A. Independent Contractor. Extra Duty Staff assigned hereunder are not employees
of the requesting party. The Extra Duty Staff person's employer shall be
responsible for paying federal (including social security) and state income tax on
any monies earned pursuant to this contract relationship. The Parties are each
responsible for complying with all employment laws and insurance laws relating
to its own employees.
B. Governmental Immunity. Nothing in this MOU shall be construed against any
party hereto as a waiver of the limitations on damages, or as a waiver of the
privileges, immunities, or defenses provided to, or enjoyed by, any of the Parties
under common law or pursuant to statue including, but not limited to, the
Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. and
Sections 24-32-2604, et seq., C.R.S.
C. Worker Compensations and Pension Benefits. Pursuant to Sections 29-5-109 and
29-5-110, C.R.S., and this MOU, the Extra Duty Staff person's employer shall at
all times be and remain responsible for providing any workers' compensation or
pension benefits of its employees, including disability, death, and survivor
benefits, to which the individual would otherwise be entitled if the injury,
disability, or death had occurred with the employing party's jurisdictional
boundaries. Extra Duty Staff assigned hereunder shall report any injuries incurred
while performing services hereunder to such person's employer, receive medical
treatment for such injuries through his/her employer's medical provider(s) and
worker's compensation benefits or unemployment insurance benefits for such
person shall be the responsibility of his/her employer. For example, if a County
employee is injured while providing Extra Duty Staff services at the Town's
communications center such person shall submit his/her workers compensation
claim to the County.
6/16/2015
D. Prior Agreements. The terms of this MOU shall supersede the terms of any pre-
existing agreements between Town and County regarding assignment of Town
dispatch employees to work for County, including but not limited to the
Intergovernmental Agreement for the Provision of Emergency Dispatch Staffing
dated May 15, 2008, which is hereby terminated. This MOU shall not affect or
supersede any other agreements, including mutual aid agreements between
SCHMT members except as such agreements relate to assignment of Extra Duty
Staff.
E. Amendment. This MOU may be amended from time to time by written
amendment duly authorized by the Parties. No modification or waiver of this
MOU or any covenant, condition or provision contained herein shall be valid
unless in writing and duly executed by all parties.
F. Authorization. The signatories to this MOU affirm and warrant that they are fully
authorized to enter into and execute this MOU.
G. Whole MOU. This MOU embodies the whole agreement between the Parties
regarding assignment of Extra Duty Staff, and there are no inducements,
promises, terms, conditions or other obligations made or entered into by the
Parties other than those contained herein.
H. Successors and Assigns. This MOU shall be binding upon the Parties hereto,
their respective successors or assigns. Neither Party may assign, delegate,
sublease, pledge, or otherwise transfer any rights, benefits, or obligations under
this MOU to any party without the prior written consent of the non assigning
party.
I. Appropriation of Funds/ Multi -Year Contracts. Payment pursuant to this MOU,
whether in whole or in part, is subject to and contingent upon the continuing
availability of each of the Party's funds for purposes hereof. In the event that said
funds, or any part thereof, become unavailable as determined by a Party, the Party
may immediately terminate this MOU. The obligations of the Parties hereunder shall
not constitute a general obligation indebtedness or multiple year direct or indirect
debt or other financial obligation whatsoever within the meaning of the Constitution
or laws of the State of Colorado.
J. Severability. All agreements, covenants and terms contained herein are severable,
and in the event that any such agreement, covenant, or term is held invalid, by a
court of competent jurisdiction, this MOU shall be interpreted as if such invalid
covenant, or term were not contained herein.
K. Applicable Law. At all times during the performance of this MOU, the Parties
herein shall strictly adhere to all applicable federal, state and local laws, rules, and
regulations that have been or may hereafter be established. All work and services
performed under this MOU shall comply with federal, state and local laws, rules
and regulations. This MOU shall be interpreted in all respects in accordance with
the laws of the State of Colorado.
L. No Benefit to Inure to Third Parties. This MOU does not and shall not be deemed
to confer upon or grant to any third party any right to claim damages or bring any
lawsuit, action or other proceedings against either Party because of any breach
hereof, or because of any terms, covenants, agreements or conditions contained
herein.
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M. Counterparts. This MOU may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Memorandum of Understanding for the Provision of
Emergency Dispatch Services Staffing is executed and entered into on the day and year
first written above.
TOWN OF VAIL BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
LISA
By
Stan Zemler, Town Manager Steven F. Child, Chair
6/16/2015
EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING FOR THE PROVISION OF
EMERGENCY DISPATCH SERVICE STAFFING
PARTY:
ADDRESS:
CONTACT:
CONTACT #:
DATE WORKED HOURS WORKED
DISPATCHER:
SIGNATURE:
6/16/2015
TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2015
ITEM/TOPIC: Any Action as a Result of Executive Session
BACKGROUND: This agenda item has been added to the regular meeting agenda in order
to allow for any official action required as a result of the executive session.
TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2015
ITEM/TOPIC: Town Manager's Report
TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2015
ITEM/TOPIC: Ordinance No. 6, Series of 2015, an Ordinance Amending Title 5 of the Vail
Town Code by the Addition of a New Chapter 13, Entitled "Stream Tract Protection", to
Prohibit Private Improvements on Stream Tract Property in the Town of Vail.
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny
Ordinance No. 6, Series of 2015 on second reading
BACKGROUND: The purpose of this memo is to present Ordinance No. 6, Series of 2015,
an Ordinance Amending Title 5 of the Vail Town Code by the Addition of a New Chapter 13,
Entitled "Stream Tract Protection", to Prohibit Private Improvements on Stream Tract Property
in the Town of Vail to the Vail Town Council on second reading. If approved, this new
regulation accomplishes five objectives: 1.) further protects the public health, safety, and
welfare of the community by regulating sensitive stream tract areas in the Town, 2.) prohibits
private encroachments in stream tract areas, 3.) further ensures that the stream tract areas
remain natural open space and serve the purposes for which they were intended, 4.) creates a
procedure by which the Town may abate an encroachment and seek reimbursement, and 5.)
establishes a mandatory violation and penalty provision for failure to comply.
STAFF RECOMMENDATION: The Community Development Department and the Town
Attorney's Office recommends the Vail Town Council adopts Ordinance No. 6, Series of 2015,
an Ordinance Amending Title 5 of the Vail Town Code by the Addition of a New Chapter 13,
Entitled "Stream Tract Protection", to Prohibit Private Improvements on Stream Tract Property
in the Town of Vail, on second reading.
ATTACHMENTS:
Town Council Memorandum
Ordinance No. 6, Series of 2015
0
rowN of vain
Memorandum
To: Vail Town Council
From: George Ruther, Director of Community Development
Matt Mire, Town Attorney
Date: June 16, 2015
Subject: Ordinance No. 6, Series of 2015, an Ordinance Amending Title 5 of the Vail
Town Code by the Addition of a New Chapter 13, Entitled "Stream Tract
Protection", to Prohibit Private Improvements on Stream Tract Property in the
Town of Vail.
I. PURPOSE
The purpose of this memo is to present Ordinance No. 6, Series of 2015, an Ordinance
Amending Title 5 of the Vail Town Code by the Addition of a New Chapter 13, Entitled
"Stream Tract Protection", to Prohibit Private Improvements on Stream Tract Property in
the Town of Vail to the Vail Town Council on first reading.
If approved, this new regulation accomplishes five objectives:
1.) further protects the public health, safety, and welfare of the community by
regulating sensitive stream tract areas in the Town,
2.) prohibits private encroachments in stream tract areas,
3.) further ensures that the stream tract areas remain natural open space and
serve the purposes for which they were intended,
4.) creates a procedure by which the Town may abate an encroachment and
seek reimbursement, and
5.) establishes a mandatory violation and penalty provision for failure to comply.
This agenda item affects and impacts the following 2014 Areas of Focus of the Vail
Town Council:
Enhance Economic Vitality
Elevates the Quality of the Experience
II. BACKGROUND
On October 6, 2009, Town Council adopted a "zero tolerance" policy for allowing illegal
private encroachments on town -owned stream tract lands and instructed staff to pursue
removal of all encroachments. The Community Development Department inspected
and originally discovered 68 private encroachments and disturbances into the public
6/16/2015
stream tracts. These inspections identified numerous properties that have modified or
encroached onto sensitive riparian areas including, but not limited to; landscaping town -
owned riparian property; building decorative planters; using the areas for recreational
seating; or in more severe cases building structures, such as patios and a basketball
court on town -owned properties. In many cases Town staff has been able to work with
owners to mitigate private encroachments resulting in written agreements by owners to
stop mowing and/or removal of structures that will result in restoration of the stream
tract to its natural state.
To date, the Town has received voluntary compliance with many property owners and
restored the stream tract areas back to a more natural condition. Unfortunately, in too
many other instances property owners have refused to acknowledge the Town's
ownership interest in the stream tract, failed to cooperate resulting in additional actions
being taken, including the issuance of citations for trespass. Regardless, the process
has been costly, labor intensive, time consuming and more often than not, ineffective.
On June 2, 2015, the Vail Town Council approved Ordinance No. 6, Series of 2015, on
first reading, with no changes 6-1 (Bugby opposed). In light of the discussions which
occurred, the Community Development Department sent letters to over 700 owners of
property adjacent to the town -owned stream tract in Vail. The purpose of the letter was
to further inform property owners of the importance and purpose of the riparian corridor
along Gore Creek and its tributaries, as well as to inform them of the contents of
pending Ordinance No. 6, Series of 2015.
III. RECOMMENDATION
The Community Development Department and the Town Attorney's Office recommend
the Vail Town Council adopts Ordinance No. 6, Series of 2015, an Ordinance Amending
Title 5 of the Vail Town Code by the Addition of a New Chapter 13, Entitled "Stream
Tract Protection", to Prohibit Private Improvements on Stream Tract Property in the
Town of Vail, on second reading. Staff further recommends the following amendments
to the proposed ordinance be approved upon second reading:
5-13-6: NOTICE OF VIOLATION:
If the Director determines that there is an encroachment onto a stream
tract in violation of this Chapter, the Director shall provide written notice of
the violation, by f„st clams U.S. mail certified U.S. mail, return receipt
requested, to the record owner of the adjacent real property or the owner
of the encroachment, if different, at the owner's last known address.
The notice shall:
o Advise the owner of the nature of the unlawful encroachment;
o Advise the owner of Town -approved methods for the removal of the
encroachment and any rehabilitation required to restore the stream
tract to its natural condition; and
Town of Vail
Page 2
6/16/2015
o Advise the owner that the encroachment shall be removed and the
stream tract restored to its natural condition completed within y
flys forty-five (45) days following the date of the notice.
If the owner disputes that a violation exists, the owner shall notify the
Director in writing of such dispute within seven (7) twenty-one (21) days
of the date of the notice. If a timely notice of dispute is given, the Town
shall not proceed with abatement until the Director has met with the
disputing party in an effort to resolve the dispute. If the Director meets
with the owner and is unable to resolve the dispute, and the owner fails to
comply with the notice as described above, the Town may proceed with
abatement pursuant to Section 5-13-7.
5-13-8: VIOLATION AND PENALTY:
A. It is unlawful for any person to violate any provision of this
Chapter. Each separate act in violation of this Chapter, or each and every
day or portion thereof during which any separate act in violation of this
Chapter is committed, continued or permitted, shall be deemed a separate
offense.
B. Violations of this Chapter shall be punished as follows, and
such penalties shall not be waived, reduced or deferred by the Municipal
Court:
First offense in any 12 -month period: $4-09 $500.
Second offense in any 12 -month period: $200 $750.
Third offense in any 12 -month period: mandatory appearance in
the Municipal Court and the General Penalty provided in Section 1-
4-1.
As proposed, the new ordinance, with the proposed amendments, compliments other
regulatory provisions within the Vail Town Code, provides an equitable procedure for
addressing notices and penalties for violations, and adds an additional compliance tool
which the Town may use to protect sensitive stream tract and riparian areas from the
negative impacts of private encroachments. Further, the town staff believes that this
Ordinance, as drafted and proposed, achieves the five objectives stated in Section I of
this memorandum.
Town of Vail
Page 3
6/16/2015
ORDINANCE NO. 6
SERIES 2015
AN ORDINANCE AMENDING TITLE 5 OF THE VAIL TOWN CODE BY
THE ADDITION OF A NEW CHAPTER 13, ENTITLED "STREAM TRACT
PROTECTION", TO PROHIBIT PRIVATE IMPROVEMENTS ON
STREAM TRACT PROPERTY IN THE TOWN
WHEREAS, the Town of Vail (the "Town") is the owner of certain real property
consisting of natural riparian area along the creeks and streams within the Town;
WHEREAS, the Town is committed to environmental protection and stewardship,
open space conservation and ecosystem health;
WHEREAS, over time, private encroachments such as landscaping, patios and
other improvements from properties adjacent to stream tracts have been constructed
and maintained within the Town's riparian areas without permission or authorization
from the Town;
WHEREAS, these private encroachments are not in keeping with the use of
stream tracts as naturalized open space, and further, such private improvements
significantly damage these sensitive riparian areas and impede their use and enjoyment
as public open space;
WHEREAS, for example, in 1999 the Town of Vail acquired the parcel shown as
Tract C on the Plat for Vail Village, Eleventh Filing, which is situated immediately
adjacent to Gore Creek along the southernmost boundary of the Eleventh Filing;
WHEREAS, the deed by which the Town acquired Tract C provides that the
Town may further restrict the uses on and within Tract C;
WHEREAS, pursuant to the Town's authority to regulate for the public health,
safety and welfare, the Town Council desires to clarify that Town stream tracts shall be
used primarily as natural open space, and private encroachments are prohibited in
these areas; and
WHEREAS, to protect such stream tracts, the Town Council desires to amend
the Vail Town Code through the addition of a new Chapter 13 to Title 5.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of
a new Chapter 13, to read as follows:
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Chapter 13
STREAM TRACT PROTECTION
5-13-1: PURPOSE:
The purpose of this Chapter is to protect the public health, safety and
welfare by regulating sensitive stream tract areas in the Town, prohibiting
private encroachments in such areas and ensuring that such areas remain
natural open space.
5-13-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
DIRECTOR: The Community Development Director or designee.
ENCROACHMENT: A private improvement of any kind located in the
stream tract, whether temporary or permanent in nature, including without
limitation landscaping, irrigation systems, garden improvements, patios,
decks, fencing, retaining walls, sheds, pathways, gravel, concrete, outdoor
furniture, benches and play equipment.
STREAM TRACT: A lot, tract or parcel of real property located in the
Town, owned by the Town and situated along or adjacent to a creek,
stream or other natural waterway.
5-13-3: USE OF STREAM TRACT:
Except as otherwise expressly provided in this Chapter, every stream tract
shall be used primarily for natural open space purposes, or for limited
public, pedestrian or recreational uses as may be determined by the Town
to be appropriate for the stream tract.
5-13-4: ENCROACHMENTS PROHIBITED:
A. No person other than the Town shall erect, construct or
maintain, or cause or permit the erection, construction or maintenance of,
any encroachment on a stream tract.
B. Notwithstanding the foregoing, the Town may authorize an
encroachment on a stream tract, upon a finding by the Town Council that
the encroachment is not inconsistent with the designated uses of the
stream tract and will not detrimentally impact the environmental values of
the stream tract. Such authorization shall be evidenced by a resolution
adopted by the Town Council and recorded in the real property records of
Eagle County.
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5-13-5: REMOVAL OF VEGETATION PROHIBITED:
It is unlawful for any person other than the Town to mow, trim, cut or
remove any grasses, trees or other vegetation in a stream tract without
prior written authorization from the Director, which authorization may be
withheld if the Director determines, in the Director's sole discretion, that
such activity would be detrimental to environmental value of the stream
tract.
5-13-6: NOTICE OF VIOLATION:
A. If the Director determines that there is an encroachment onto
a stream tract in violation of this Chapter, the Director shall provide written
notice of the violation, by first-class U.S. mail to the record owner of the
adjacent real property or the owner of the encroachment, if different, at the
owner's last known address.
B. The notice shall:
1. Advise the owner of the nature of the unlawful
encroachment;
2. Advise the owner of Town -approved methods for the
removal of the encroachment and any rehabilitation required to
restore the stream tract to its natural condition; and
3. Advise the owner that the encroachment shall be
removed and the stream tract restored to its natural condition
completed within thirty (30) days following the date of the notice.
C. If the owner disputes that a violation exists, the owner shall
notify the Director in writing of such dispute within seven (7) days of the
date of the notice. If a timely notice of dispute is given, the Town shall not
proceed with abatement until the Director has met with the disputing party
in an effort to resolve the dispute. If the Director meets with the owner
and is unable to resolve the dispute, and the owner fails to comply with the
notice as described above, the Town may proceed with abatement
pursuant to Section 5-13-7.
5-13-7: ABATEMENT:
A. If the owner fails to timely and fully comply with the notice
described in Section 5-13-6, the Town may complete the removal of the
encroachment and the associated restoration activities and recover its
costs as provided in subsection D hereof.
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B. The Town shall not be responsible for any property loss or
damage that occurs in connection with abatement pursuant to this
Section.
C. In the case of an emergency involving imminent danger to
the public health, safety or welfare, the Town may authorize the immediate
removal of any encroachments without notice.
D. The owner shall be assessed twice the entire cost of
removal of the encroachments and restoration activities. If all costs and
charges incurred by the Town are not paid within thirty (30) days of the
date of the assessment, the unpaid costs shall be certified to the Eagle
County Treasurer for collection in the same manner as real property taxes.
5-13-8: VIOLATION AND PENALTY:
A. It is unlawful for any person to violate any provision of this
Chapter. Each separate act in violation of this Chapter, or each and every
day or portion thereof during which any separate act in violation of this
Chapter is committed, continued or permitted, shall be deemed a separate
offense.
B. Violations of this Chapter shall be punished as follows, and
such penalties shall not be waived, reduced or deferred by the Municipal
Court:
First offense in any 12 -month period: $100.
Second offense in any 12 -month period: $200.
Third offense in any 12 -month period: mandatory appearance in
the Municipal Court and the General Penalty provided in Section 1-
4-1.
C. Town police officers and code enforcement officers are
authorized to issue a summons and complaint for a violation of this
Chapter.
D. The penalties in this Section shall not be the Town's
exclusive remedies for addressing encroachments on a stream tract, and
nothing in this Section shall preclude any other remedy or penalty for
addressing encroachments on Town -owned property. A person may be
charged with a violation of this Chapter as well as trespass or any other
applicable criminal violation.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
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would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June, 2015 and a
public hearing for second reading of this Ordinance set for the day of
, 2015, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2015.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
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TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2015
ITEM/TOPIC: Ordinance No. 8, Series of 2015, an Ordinance Extending the Temporary Ban
on Marijuana Establishments in the Town, Pursuant to Section 16 of Article XVIII of the
Colorado Constitution (Amendment 64)
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 8, Series of 2015, on first reading.
BACKGROUND: On June 2, 2015, the Vail Town Council held a public hearing to discuss
possible next steps with regard to establishing a recreational marijuana policy for the
community. Following discussion, the Vail Town Council instructed staff to return to a future
public hearing with additional information to aid in adopting a recreational marijuana policy.
The Vail Town Council asked for more information on the following topics: • Outcomes
experienced in similar resort communities, namely Aspen, CO. and Breckenridge, CO., where
recreational sales have been permitted. • Potential impact to the Town's brand? • Possible
benefits of allowing some form of "club" where consumption of marijuana by members is
permitted? • Updated survey information from the lodging and restaurant owners in Vail.
Information from the Police Chiefs in both Aspen, CO. and Breckenridge, CO.
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council adopts Ordinance No. 8, Series of 2015, on first reading, as read.
ATTACHMENTS:
Ordinance No. 8, Series of 2015 Memorandum
Ordinance No. 8, Series of 2015 First Reading
0
rowN of vain
Memorandum
To: Vail Town Council
From: George Ruther, Director of Community Development
Date: June 16, 2015
Subject: Ordinance No. 8, Series of 2015, an Ordinance Extending the
Temporary Ban on Marijuana Establishments in the Town, Pursuant to
Section 16 of Article XVIII of the Colorado Constitution (Amendment 64)
I. PURPOSE
The purpose of this memo is to present Ordinance No. 8, Series of 2015, an Ordinance
Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to
Section 16 of Article XVIII of the Colorado Constitution (Amendment 64), on first
reading.
If approved, this ordinance accomplishes three objectives:
1.) Extends the temporary ban on the operation of marijuana establishments at
any location in the Town from August 4, 2015, to October 6, 2015.
2.) Restricts the Town from accepting or processing any applications for the
operation of marijuana establishments in the Town until a recreational marijuana
policy is more formally adopted.
3.) Affords the community additional time to gather information, to review the
state statutes and forthcoming regulations, and to study the impacts of marijuana
establishments and the zone districts in which they should be permitted, if at all.
This agenda item affects and impacts the following 2014 Areas of Focus of the Vail
Town Council:
• Enhance Economic Vitality
• Elevates the Quality of the Experience
• Grow a Balanced Community
II. BACKGROUND
On June 2, 2015, the Vail Town Council held a public hearing to discuss possible next
steps with regard to establishing a recreational marijuana policy for the community.
Following discussion, the Vail Town Council instructed staff to return to a future public
6/16/2015
hearing with additional information to aid in adopting a recreational marijuana policy.
The Vail Town Council asked for more information on the following topics:
• Outcomes experienced in similar resort communities, namely Aspen, CO. and
Breckenridge, CO., where recreational sales have been permitted.
• Potential impact to the Town's brand?
• Possible benefits of allowing some form of "club" where consumption of
marijuana by members is permitted?
• Updated survey information from the lodging and restaurant owners in Vail.
• Information from the Police Chiefs in both Aspen, CO. and Breckenridge, CO.
III. RECOMMENDATION
The Community Development Department recommends the Vail Town Council adopts
Ordinance No. 8, Series of 2015, on first reading, as read.
Town of Vail
Page 2
6/16/2015
ORDINANCE NO. 8
SERIES 2015
AN ORDINANCE EXTENDING THE TEMPORARY BAN ON
MARIJUANA ESTABLISHMENTS IN THE TOWN, PURSUANT TO
SECTION 16 OF ARTICLE XVIII OF THE COLORADO CONSTITUTION
(AMENDMENT 64)
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Colorado voters passed Amendment 64, which amended Article
XVIII of the Colorado Constitution by the addition of a new section regarding the
personal use and regulation of marijuana;
WHEREAS, pursuant to Article XVIII, § 16(5)(f) of the Colorado Constitution, the
Town may "prohibit the operation of marijuana cultivation facilities, marijuana product
manufacturing facilities, marijuana testing facilities, or retail marijuana stores through
the enactment of an ordinance";
WHEREAS, previously, the Town Council had adopted a temporary ban until
August 4, 2015;
WHEREAS, it is the desire of the Council that Town staff study the effects of
such marijuana establishments, considering the Town's existing land use regulations
and master plan, and thereafter provide information to the Council as to whether such
uses should be permitted at any location in the Town;
WHEREAS, Town staff needs additional time to gather information, to review the
state statutes and forthcoming regulations, and to study the impacts of marijuana
establishments and the zone districts in which they should be permitted, if at all; and
WHEREAS, during such time, the Council finds and determines that it is in the
best interest of the public health, safety and welfare for the Town to extend the
temporary ban on the location or operation of marijuana establishments in the Town
until October 6, 2015.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. It is unlawful for any person to operate, cause to be operated, or
permit to be operated in the Town a marijuana establishment, and marijuana
establishments are hereby prohibited at any location in the Town. The Town shall not
Ordinance No. 8, Series of 2015
6/16/2015
accept or process any applications for the operation of marijuana establishments in the
Town.
Section 2. For purposes of this ordinance, the following terms shall have the
following meanings:
a. "Marijuana" means all parts of the plant of the genus cannabis
whether growing or not, the seeds thereof, the resin extracted from any part of
the plant, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant, its seeds, or its resin, including marijuana concentrate,
but excluding industrial hemp, fiber produced from the stalks, oil, or cake made
from the seeds of the plant, sterilized seed of the plant which is incapable of
germination, or the weight of any other ingredient combined with marijuana to
prepare topical or oral administrations, food, drink, or other product.
b. "Marijuana establishment" means and includes a marijuana
cultivation facility, a marijuana testing facility, a marijuana product manufacturing
facility, a retail marijuana store and a marijuana club.
C. "Marijuana cultivation facility" means a facility licensed to cultivate,
prepare, and package marijuana and sell marijuana to retail marijuana stores, to
marijuana product manufacturing facilities, and to other marijuana cultivation
facilities, but not to consumers.
d. "Marijuana testing facility" means a facility licensed to analyze and
certify the safety and potency of marijuana.
e. "Marijuana product manufacturing facility" means a facility licensed
to purchase marijuana; manufacture, prepare and package marijuana products;
and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
f. "Retail marijuana store" means a facility licensed to purchase
marijuana from marijuana cultivation facilities or marijuana and marijuana
products from marijuana product manufacturing facilities, or to sell marijuana or
marijuana products to consumers.
g. "Marijuana club" means a place not used for residential purposes
where individuals gather to consume or grow marijuana, regardless of whether
such place calls itself private or public or charges an admission or membership
fee.
Section 3. This ordinance is intended to be temporary in nature, and as such,
this ordinance shall be in effect from its effective date until October 6, 2015 unless
earlier repealed.
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
Ordinance No. 8, Series of 2015
6/16/2015
of the remaining portions of this ordinance; and the Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 5. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of June, 2015 and a
public hearing for second reading of this Ordinance set for the 7th day of July, 2015, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 7th day of July, 2015.
Andrew P. Daly, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance No. 8, Series of 2015
6/16/2015
George Ruther
From: Suzanne Silverthorn
Sent: Monday, June 15, 2015 7:29 PM
To: George Ruther; Kelli McDonald
Subject: FW: Extension of marijuana ban in Vail
FYI
Suzanne Silverthorn, APR
Director of Communications
Town of Vail
75 S. Frontage Rd.
Vail, CO 81657
970.479.2115 - work
970.471.1361— cell
www.vailgov.com
www.twitter.com/vailgov
From: Marilyn Everett [meverettrdh@gmail.com]
Sent: Monday, June 15, 2015 7:26 PM
To: Council Dist List
Subject: Extension of marijuana ban in Vail
Dear Council Members,
We am happy to hear of the Ordinance No. 8, Series of 2015, to be discussed at your upcoming meeting
tomorrow. We do not want to see retail marijuana businesses in Vail in any form!
We have been residents and tax payers of Vail Valley since the early 70's and have watched it go through
many transformations. Allowing pot shops in our beautiful town is not what we thought would ever happen to
our lifestyle. If we are to remain North America's Premier International Mountain Resort Community, I feel we
need to not follow other communities and be different. "Clubs" for smoking pot are not what we every
envisioned seeing in this beautiful place. Marijuana retailers are already available close by and on vehicles
from DIA and we even have limo service to purchase, if desired.
We applaud your being thorough and checking with the Police Chiefs of other communities and surveying
lodging and restaurant owners. Several friends that we have living in condos said they smell marijuana as they
walk down the hallways.
We are hoping that the extension is passed and that you, as our elected officials, will protect our special place
and think of our long term affects in this valley.
Kent and Marilyn Everett
George Ruther
From: Suzanne Silverthorn
Sent: Saturday, June 13, 2015 7:32 AM
To: George Ruther; Kelli McDonald
Subject: Fwd: Retail marijuana sales
Fyi
Suzanne Silverthorn, APR
Director of Communications
Town of Vail
970-479-2115
970-471-1361 (cell)
Begin forwarded message:
From: Sue Froeschle <suefroeschlekszmail.com>
Date: June 13, 2015 at 7:29:59 AM MDT
To: <towncouncil e vail og v.com>
Subject: Retail marijuana sales
I don't think it would be a
positive influence for our resort community. We strive to be a family friendly
community. Perhaps by banning sales in Vail, we can better distinguish ourselves from Aspen
and Breckenridge.
If we need additional revenue, I'd like to believe we can come up with better options.
If people want to purchase recreational marijuana, they can easily go to Eagle -Vail or Avon.
Sue Froeschle
(pronounced "freshly")
suefroeschleggmail.com
970-390-8712
George Ruther
From: Suzanne Silverthorn
Sent: Friday, June 12, 2015 9:51 AM
To: George Ruther; Kelli McDonald
Subject: FW: Ban Marijuana!
fyi
Suzanne Silverthorn
Director of Communications
Town Manager's Office
970.479.2115
970 471.1361 cell
vailgov.com
twitter.com/vailgov
-----Original Message -----
From: Don Chappel [mailto:drehappel@comcast.net]
Sent: Friday, June 12, 2015 9:37 AM
To: Council Dist List
Subject: Ban Marijuana!
Hi
My wife, Erin and I own a residence at 1797 Alpine Drive in Vail.
I'm writing to advise you as to our views on the subject.
We are opposed to the Colorado law that allows marijuana sales and use!
We also strongly encourage Vail to lobby the state to reverse the Colorado law that allows marijuana sales and use.
The unusual Colorado marijuana laws make Colorado a magnet for a large and rapidly growing drug trade, unproductive
drug culture as well as a growing public safety issues from a sharp increase in people under the influence of drugs.
Colorado and Vail risk losing residents, businesses and tourists as the drug business and culture grow and Colorado's
reputation as a liberal drug center grows too.
We urge the Town of Vail to take the strongest possible action to ban marijuana and to lobby the State of Colorado to do
the same.
Thank you.
Don & Erin Chappel
George Ruther
From: Patty McKenny
Sent: Friday, June 12, 2015 9:32 AM
To: George Ruther
Subject: FW: Retail Marijuana Establishments
Public input below:
Patty McKenny
Town Clerk
pmckenny .vailgov.com
479-2136
From: Pamela Stenmark [mailto:pamelas@)vail.net]
Sent: Friday, June 12, 2015 9:20 AM
To: Council Dist List
Subject: Retail Marijuana Establishments
Dear Town Council Members:
The Town of Vail has and should strive to maintain an image of being a family friendly destination. INNINOW
There are ample places for people to purchase marijuana throughout the state, Vail does not need to become a
pot destination.
Respectfully,
Pam Stenmark
Pamela 5tenmarL
Damelas@vail.net
W 970-376-1 > 24
1
George Ruther
From: Mery Lapin <mervlapin@hotmail.com>
Sent: Tuesday, June 09, 2015 8:50 AM
To: Andy Daly; Dale Bugby; Dave Chapin; George Ruther; Greg Moffet; Jenn Bruno; Ludwig
Kurz; Margaret Rogers; Stan Zemler
Subject: Marijuana
Neither make any sense to me both from a moral or business sense for a family oriented resort such as we
have in Vail.
Ask yourself the question - Do you want your kids smoking marijuana?
Thanks.
George Ruther
From: Patty McKenny
Sent: Friday, June 05, 2015 11:15 AM
To: George Ruther
Subject: FW: continuation of my feedback
And one more email;)
Patty McKenny
Town Clerk
pmckennVevailgov.com
479-2136
-----Original Message -----
From: Mike Griffin
Sent: Friday, June 05, 2015 11:04 AM
To: Council Dist List
Subject: FW: continuation of my feedback
This email came in through info@vailgov.com.
-----Original Message -----
From: info@vailgov.com [mailto:info@vailgov.com]
Sent: Thursday, June 04, 2015 5:49 PM
To: Info
Subject: continuation of my feedback
There are many other
destinations that the "Pot" dealers can go. Keep your tourists happy, especially the families. You can't stop someone
smoking it, but you don't need to encourage them either.
Submitted By:
Name:: Dena Raitman
Telephone:: 970-476-4883
Email:: fineart@artonawhim.com
Submitted From:
http://www.vailgov.com/contact
1
George Ruther
From: Patty McKenny
Sent: Friday, June 05, 2015 11:15 AM
To: George Ruther
Subject: FW: Vail Council wants more Info on Pot Clubs
More public input below:
Patty McKenny
Town Clerk
pmckenny@vailgov.com
479-2136
-----Original Message -----
From: Mike Griffin
Sent: Friday, June 05, 2015 11:04 AM
To: Council Dist List
Subject: FW: Vail Council wants more Info on Pot Clubs
This email came in through info@vailgov.com.
-----Original Message -----
From: info@vailgov.com [mailto:info(a)vailgov.com]
Sent: Thursday, June 04, 2015 5:48 PM
To: Info
Subject: Vail Council wants more Info on Pot Clubs
I read an article in the Vail Daily on June 3, 2015 that the Vail Town Council wants to hear feedback on "Pot". I have a
gallery in Breckenridge as well as in Vail. I did not want "Pot" to come to Breckenridge especially on Main Street since
Breckenridge is a family resort. When Breckenridge first announced it was allowing Medical Marijuana, retailers started
to see a decline in business and tourism. Tourists decided they wanted to see the affects before they came back to
Breckenridge. Many of the tourists started to go to Vail for their vacations. Conventions were also being canceled in the
beginning. I have seen a different type of tourist coming to Breckenridge and that was the reason I decided to open a
gallery in Vail.
Submitted By:
Name:: Dena Raitman
Telephone:: 970476-4883
Email:: fineart@artonawhim.com
Submitted From:
http://www.vailgov.com/contact
George Ruther
From: Mike Griffin
Sent: Thursday, June 04, 2015 3:35 PM
To: George Ruther
Subject: FW: Retail Marijuana in Aspen and GWS
This came in through info@vailgov.com. Are you the right person to follow up or should I forward it to someone else?
Mike
-----Original Message -----
From: info@vailgov.com [mailto:info@vailgov.com]
Sent: Thursday, June 04, 2015 3:30 PM
To: Info
Subject: Retail Marijuana in Aspen and GWS
I am currently the General
Manager of Green Dragon Colorado and was involved in the process of working with the City of Glenwood Springs from
the beginning of their regulatory meetings. I also have worked with Aspen on understanding the newer MED rules
around edible cannabis infused products.) am a 15 year Eagle resident, and would gladly offer my perspective on the
industry in any forum deemed appropriate. I have references from both available on request. Thank You.
Submitted By:
Name:: Jeff Kennedy
Telephone:: 9704011558
Email:: Jeff@greendragoncolorado.com
Submitted From:
http://www.vailgov.com/contact
George Ruther
From: Suzanne Silverthorn
Sent: Friday, June 05, 2015 5:18 PM
To: George Ruther
Subject: FW: Consulting on the Marijuana Issue
fyi
Suzanne Silverthorn
Director of Communications
Town Manager's Office
TOWN OF VA
970.479.2115
970 471.1361 cell
vailgov.com
twitter.com/vaik.Lov
From: RobertTakata[mailto:roberttakata35(ayahoo.com]
Sent: Friday, June 05, 2015 4:25 PM
To: towncouncil(cbvailgov.org; Council Dist List
Subject: Consulting on the Marijuana Issue
Dear, Town of Vail Council..
I have over 30 years of
International Experience in Industrial Hemp and Medical Marijuana, I have formed a company in
Avon and an International Collective Online that will allow you insight into the culture...
The Hemp and Cannabis Collective, Worldwide Hemp and Cannabis Movement, Medical Marijuana
The Hemn and Cannabis Collective. Worldwide Hem
and Cannabis Movement, Medical Marijuana
Fvervthin; tlellip arul C'a13nabis. The Hoinp and Cannat)is collective is a
Z:Iul:ti. National Collective
`t 2r �_wwwtt�ccoli.gctine.ne Preve:^i z.: Yahoo
www.facebook.com/groups/thccollective
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Home
Home
Leading Edge fnveStMeTlt,
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Please feel free to reach out...
Robert Takata
Founder The Hemp and Cannabis Collective
PS I believe can help you a lot settle the marijuana issue for the best interest of our community
TOWN OF VAIN
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 16, 2015
ITEM/TOPIC: Adjournment (7:00 p.m.)