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HomeMy WebLinkAbout2015-07-07 Agenda and Supporting Documentation Town Council Regular SessionNOTE: VAIL TOWN COUNCIL 0� REGULAR MEETING AGENDA TVWN OF VA10 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., JULY 7, 2015 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. ITEMITOPIC: Kerry Donovan, Colorado State Senator for District 5 - 2015 State Legislative Update (15 min. ) PRESENTER(S): Kerry Donovan, Colorado State Senator, District 5 3. ITEM/TOPIC: Consent Agenda: 1) Minutes from June 2, 2015 meeting 2) Minutes from June 16, 2015 meeting 3) Award 2015 Slurry Seal Project Contract 4) Award Ford Park Hillside Re -vegetation Contract (5 min. ) 4. 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. 5. ITEM/TOPIC: Town Manager's Report 1) Update about San Miguel de Allende Mexico delegation's July visit 2) Review topics for July 21 meeting with Avon Town Council (Avon's suggested topics: worker housing, transit, and coordination of Special Events ad Festivals) (5 min. ) 6. ITEM/TOPIC: Presentation and request to approve final design for Lionshead Skatepark, project budget and award of construction contract. (30 min.) PRESENTER(S): Todd Oppenheimer, Town Landscape Architect and Jaxon Statzell, California Skateparks ACTION REQUESTED OF COUNCIL: The purpose of this item is to request approval from the Town Council on three issues concerning the design and construction of a permanent skatepark in the gap between the north and south sides of the Lionshead Parking Structure. They are as follows: 1. Approve the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops. 2. Award the contract for the construction portion of the Design/Build skatepark contract to California 7/7/2015 Skateparks in the amount of $1,258,738. 3. Amend the overall budget by $1,468,278 for a total budget of $1,618,278 for the skatepark BACKGROUND: On April 21, 2015 the Town Council unanimously approved the gap between the north and south sides of the Lionshead Parking Structure as the site for the permanent skatepark in Vail and awarded the design portion of a design/build contract for the skatepark to California Skateparks in the amount of $83,500. Staff was directed to proceed with the public process for the final design of the skatepark and related improvements including public art components, electrical/lighting, safety and site work. California Skateparks with town and VRD staff conducted 2 public skatepark design workshops to solicit input and ideas for the final design of the permanent skatepark. These workshops were held on May 13 and 27, 2015. Final costs for all construction and design have been determined and are broken down as follows. Skatepark design and public process $83,500 Skatepark and general construction $1,258,738 Integrated Public Art $50,000 Engineering and Code Analysis $50,840 Landscape and Irrigation $30,000 Contingency $145,200 Total $1,618,278 There is an option available to include snowmelt in the skatepark area. STAFF RECOMMENDATION: Town and Vail Recreation District Staff and the Skatepark Committee recommend the Town Council take the following actions regarding the proposed skatepark. 1. Approve the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops. 2. Award the contract for the construction portion of the Design/Build skatepark contract to California Skateparks in the amount of $1,258,738. 3. Approve and amendment to the budget of $1,468,278 for a total budget of $1,618,278 for the skatepark. 4. Provide direction if the Council would like staff to further investigate the idea of snowmelting the skatepark. 7. ITEM/TOPIC: Resolution No. 18, Series of 2015, A resolution of the Vail Town Council directing the Town Manager to sign a development agreement by and between the Town of Vail and the Vail Valley Medical Center; and setting forth details in regard thereto. (15 min.) PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or deny Resolution No. 18, Series of 2015 BACKGROUND: The Town must ensure that both the West Wing and the East Wing of the VVMC redevelopment are completed, and that certain obligations of VVMC are addressed, and to that end, VVMC is prepared to commit to the assurances and obligations in a Development Agreement, to demonstrate its commitment that the entire redevelopment will be completed in line with the community's expectations STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Resolution No. 18, Series of 2015, as presented and read. 7/7/2015 8. ITEMITOPIC: First reading of Ordinance No. 7, Series 2015 an Ordinance making budget adjustments to the Town of Vail General Fund, Police Crimes Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund. (20 min.) PRESENTER(S): Kathleen Halloran, Finance Director and Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 7, Series 2015 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 7, Series 2015 9. ITEMITOPIC: Ordinance No. 8, Series of 2015, and Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) (5 min.) 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 second reading. BACKGROUND: On June 16, 2015 the Vail Town Council held a public hearing on the first reading of Ordinance No. 8, Series of 2015. Following discussion and public comment, the Vail Town Council approved Ordinance No. 8 Series of 2015, as presented. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Ordinance No 8, Series of 2015, as presented and read. 10. ITEM/TOPIC: Ordinance No. 9, Series of 2015, First Reading, an Ordinance establishing deadlines for the circulation and filing of candidate nomination petitions for the November 3, 2015 Regular Town Election (15 min. ) PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Town Council will consider an Ordinance which would revise nomination petition circulation dates from August to September and address the mailing and receipt of ballots from active military or overseas voters. BACKGROUND: Title 31 election law changes from the passage of HB 15-1130 revised the nomination petition circulation dates to August instead of September. This ordinance, if adopted, would set forth the original nomination petition circulation dates which were beginning on the fiftieth day prior to election day nd ending on the thirtieth day 7/7/2015 before the election (September 14 through October 2). 11. ITEM/TOPIC: Adjournment (7:55 p.m.) Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 48-hour notification. Please call (970) 479-2356, Telecommunication Device for the Deaf (TDD), for information. 7/7/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: Citizen Participation 7/7/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: Kerry Donovan, Colorado State Senator for District 5 - 2015 State Legislative Update PRESENTER(S): Kerry Donovan, Colorado State Senator, District 5 7/7/2015 ►owx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: Consent Agenda: 1) Minutes from June 2, 2015 meeting 2) Minutes from June 16, 2015 meeting 3) Award 2015 Slurry Seal Project Contract 4) Award Ford Park Hillside Re -vegetation Contract ATTACHMENTS: 060215 Town Council Meeting Minutes 061915 Town Council Meeting Minutes 2015 Vail Slurry Contract Award Memorandum Ford Park Hill Revegitation 7/7/2015 Vail Town Council Meeting Minutes Tuesday, June 2, 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 were several Town of Vail Employee Recognitions: 1. Vail Communication Center received the APCO's State of Colorado Communications Center of the Year Award 2. Kelli McDonald, Economic Development Manager, received Vail Valley Partnership's Tourism Professional of the Year Award 3. Nomination for Town of Vail for Actively Green 2015 Award by Vail Valley Partnership (represented by Kristen Bertuglia, Environmental Sustainability Manager) 4. Dwight Henninger, Vail Police Chief, received the Terrorism Liaison Officer Executive Award by the Colorado Information Analysis Center in Arvada on behalf of his leadership and work for the 2015 World Alpine Ski Championships. CIAC is part of the Colorado Division of Homeland Security and Emergency Management within the Department of Public Safety. The second item on the agenda was Citizen Participation and no comments were made. The third item on the agenda was the Consent Agenda: 1. Resolution No. 13, Series of 2015, A Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Comcast of Colorado VI, LLC and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 13; Rogers seconded the motion and it passed (7-0). 2. Resolution No. 14, Series of 2015, A Resolution Approving an Intergovernmental Agreement (the "IGA") Between the Town of Vail and Eagle County (ECO Trails Department), and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 13; Kurz seconded the motion and it passed (7-0). 3. Resolution No. 15, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Transportation Regarding Bustang Access; and Setting Forth Details in Regard Thereto Moffet move to approve Resolution No. 15; Kurz seconded the motion and it passed (7-0). 4. Resolution No. 16, Series of 2015, A Resolution for the Chamonix Parcel Contract Award for Site Design and Architectural Services Town Council Meeting Minutes of June 2, 2015 Page 1 7/7/2015 Moffet moved to approve Resolution No. 15 to award the contract to 359 DESIGN referencing reasons outlined below; Kurz seconded the motion and it passed (7-0). ■ 359 DESIGN is experienced and uniquely qualified to complete the scope of work being requested to achieve the community's goals for development on the Chamonix Parcel. ■ 359 DESIGN has a successful track record with affordable housing projects and demonstrated the ability to work productively with the Town of Vail as their client. ■ The final services agreement and scope of professional services exhibits shall be reviewed as to form by the Town Attorney, prior to execution. ■ The total professional fee is approximately <2% of the estimated total project budget (assumed project budget of $34M - $36M) ■ The two step project approach allows the Town to break ground on the initial phase of site access and utility construction in the Fall of 2015. ■ The services agreement allows the Town to stop work on the project at any time, at its convenience and without penalty. ■ The consultant team that been assembled is well qualified and has an extensive amount of experience working on projects within the Town of Vail 5. Award contract for design services for Bridge Road Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Loris and Associates, Inc. to complete the design phase of the Vail - Bridge Road structure in the amount not to exceed $248,839.00; Rogers seconded the motion and it passed (7-0). Staff was asked to review the design of this bridge road work with the neighborhood. The fifth item on the agenda was Town Manager's Report and nothing was reported on at this time. The sixth item on the agenda was a review of the 2014 audited financial statements for the Town of Vail presented by Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and Associates. Highlights of the 2014 audited financial statements were presented. The Vail Town Charter requires an independent audit be made of all town accounts at least annually. The 2014 audit was conducted by McMahan and Associates, LLC, and topics highlighted included: ■ Net position & statement of activities ■ Debt financing of the Vail reinvestment Authority ■ Fund financial statements and reserve history ■ w/ a history of the reserves ■ Fund performance and accomplishments for each of the funds, General Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund ■ Confirmed the information was correct and the auditor's letter indicated a "clean" report on the town's financial statements. Mayor Daly asked two questions, 1) would the council need to be made aware of any misstatements found by the auditors; Jenkins indicated there were no misstatements found in the reports; and 2) would there be any need to convene into executive session; Jenkins indicated there were not any reasons to meet in executive session. Mayor Daly thanked McMahan and Associates and town staff for their efforts in preparing the financial report. The fourth item on the agenda was the appointments to Vail Housing Authority and the Vail Local Licensing Authority. The candidate interviews were conducted during the earlier work session. Kurz moved to appoint Steve Lindstrom to a five year term serving on the VLHA; Moffet seconded the motion and it passed (7-0). Kurz moved to appoint Luca Bruno, Ted Steers and Amanda Zinn to two year terms to the VLLA. The motion was seconded and passed Town Council Meeting Minutes of June 2, 2015 Page 2 7/7/2015 with Jenn Bruno abstaining (6-0). Mayor Daly noted the record of their votes were recorded by name and were available from the town clerk's office. The seventh item on the agenda was the Vail Golf and Nordic Clubhouse Project Update. Project presenters included Greg Hall, Director of Public Works Town of Vail, Chris Penney, NV5 Inc., Project Owners Representative, Tim Losa, Zehren and Associates Inc., Project Architect. The last time an update was presented to town council was March 3. 2015. The team shared progress made related to the 1) DRB approved plans and exterior renderings, 2) proposed interior finishes and interior renderings, 3) project schedule and public outreach. Chris Penney, NV5, reviewed the progress with information about design and kitchen consultants, the Construction Management/General Contractor estimates underway, the (CMGC) Selection and Preconstruction Services, the temporary structure status, the design/schedule and a summary of budget status, soft and hard costs and contingency amounts. Council had some questions and discussion ensued on several items: 1) Change order authority; it was noted the authority is only with the Town Manager / Director of Public Works 2) The liaison who would be communicating with the neighborhood; it was noted a representative from Evans Chaffee construction company would serve in this role 3) The status of the public outreach plan; meetings are slated for June and July 4) The status of the weekly project team meetings Timothy Losa, Zehren and Associates reviewed the many items and outcomes included in the project planning process referring to the site plan, summer and winter floor plans, a preview of the exterior materials and finishes, review of the renderings and elevations. He spoke about their needs assessment for the user groups, 1) golf course operations, F&B staff, caterers, and retail services. Bugby asked questions about what has been done to improve the sewer system and the parking and expressed concerns about the project overall and whether the remodel project improves the golfer's guest experience. Next steps were identified as follows: • Apply to Design Review Board for Temporary Clubhouse facilities approval. • Begin FF&E selection process • Provide public information regarding the approved design and project components. • Host multiple public information meetings in the July timeframe regarding construction. • Continue to update the cost estimate as design progresses and manage risk • Complete the project construction documents. • Submit for the necessary building and other permits for clubhouse and temporary facilities. • Begin construction in September 2015. • Complete the construction within 10-12 months Mayor Daly opened the public hearing and comments were heard: Sam Maslack, Sunburst Drive, asked about contingency plan if a court decision was reached preventing the town the ability to construct the golf course. Debra Webster, Sunburst Drive, asked if the contractor knows about the litigation. Bugby spoke about the need for revising economic projections for the project. Mayor Daly asked council members if there was support to direct work on updating the projections and only Bugby favored the request. There was no further discussion on this topic. The eighth item on the agenda was the public hearing on the topic of recreational marijuana. The purpose of this public hearing was to provide the Vail Town Council an update about the Town Council Meeting Minutes of June 2, 2015 Page 3 7/7/2015 use of recreational marijuana throughout Colorado for the past 18 months and request input on whether their would be interest in establishing a policy for regulating recreational marijuana establishments within the community. George Ruther, Director of Community Development noted their materials contained a great deal of information, some of which was a product of their committee convened to study the topic. Rogers reminded staff she was still interested in hearing about the retail sales experiences of Aspen and Breckenridge since they have adopted legislation that allows these establishments. There was some discussion about "clubs" that would allow guests/people to partake in marijuana smoking and what communities have taken the question to a local vote of the community. It was also suggested that the lodges and businesses may have input about what might be currently happening along with ideas about what would be preferred. Daly opened the public hearing with a question, "should the town of Vail allow retail marijuana in Vail?" and comments were as follows: ✓ Kevin Kelly, spoke about how guests don't have a place to smoke marijuana and suggested the survey questions were confusing and not sure how that impacted the results. ✓ Eric Perkins, resident, wasn't sure why it should be legalized in Vail. ✓ Jason Platt, Eagle River Youth Coalition, expressed their position of limiting exposure and access of of marijuana for our community youths. ✓ Charlie Calcaterra, Simba Run resident, supported permanent ban noting several reasons why and mostly in terms of keeping it away from youth. Additional discussion points included the legal ramifications of edibles, the regulation of vendors selling vaporizers, how hotels/lodges manage the use of marijuana on their premises, and the questions of why sell it if there is no location to smoke it, time to "ban it". Moffet moved to not affirmatively ban marijuana, and noted since retail sales are not a permitted use per the town's land use code, the legislation is really already on the books. There was no second to the motion. Daly asked staff to return with proposal before the current ban expires based on further input given and request for more information. The ninth item on the agenda was 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. George Ruther, Director of Community Development presented the topic with the review of the memo noting the town has already been very actively addressing the issues in the community with mixed responses and results. He noted the ordinance provides improved contexts for enforcing the regulations, some of which hopes to accomplish the following: 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. Moffet moved to approve Ordinance No. 6; Rogers seconded the motion. Daly opened public comment at this time. Eric Perkins, expressed support of the ordinance. Town Council Meeting Minutes of June 2, 2015 Page 4 7/7/2015 Mery Lapin, resident, expressed support for the ordinance but would prefer stronger language related to the stream setback, the distance has to be a certain amount, and the stream tract as it related to town owned property. Jim Lamont, Vail Homeowners Association, expressed support of the legislation as well. Ruther entered into public record email correspondence from Peter Gladkin who wrote about his support of the ordinance. Eagle River Water and Sanitation District presented comments to the Town Attorney about their concern with the ordinance related to the fact that their own structures are located in the stream tract. It was clarified the ordinance only addresses private encroachments not public infrastructure in the stream tracts. Bugby expressed concerns about the ordinance requesting it be tabled and requesting more public input and notifications to property owners. Daly noted there is still time before second reading to notify the public and as well the next meeting presents an opportunity for further input. There was some discussion about the notification process and related timeline being too short; whether the matter should be considered civil or criminal and that it is not too neighborly if it is a criminal offense, and ensuring due process is granted per the language. It was suggested staff consider some of these changes to the ordinance for next reading. The motion passed (6-1; Bugby nay) 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, (7-0) and the meeting adjourned 8:45 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of June 2, 2015 Page 5 7/7/2015 Vail Town Council Meeting Minutes Tuesday, June 16, 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 Tammy Nagel, Deputy Town Clerk The first item on the agenda was Citizen Participation. Bob Armour, Vail resident, complimented the Lion's Ridge Apartment development and hoped the remainder of the Timber Ridge Apartments on the west side of the property would also be redeveloped in the future. Armour went on to compliment the new recycling signs that are posted behind the community development building. Armour would like to see the Roost Lodge site be restored to something that is appropriate rather than be used for construction parking. Daly explained the Roost Lodge developer withdrew his application with community development due to increase in construction costs. The second item on the agenda was the Consent Agenda: 1) Revised minutes from April 21, 2015 meeting. Moffet made a motion to approve the revised April 21 meeting minutes with a second from Rogers. Motion passed (7-0). 2) Minutes from the May 5, 2015 meeting. Moffet made a motion to approve the May 5 meeting minutes with a second from Rogers. Motion passed (7-0). 3) Minutes from the May 19, 2015 meeting. Moffet made a motion to approve the May 19 meeting minutes with the edit to the motion to adjourn was seconded by Kurz and not Bugby. Kurz second the motion with the suggested edit. The motion passed (6-0), Bugby did not vote because he was absent from the May 19th meeting. 4) Award Contract for Bighorn Creek Columbine Drive culvert replacement project. Moffet made a motion to direct the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Icon Inc. to complete the Bighorn Creek Town Council Meeting Minutes of June 16, 2015 Page 1 7/7/2015 Columbine Drive culvert replacement contract award with a second from Kurz. There was no further discussion. The motion passed 7-0. 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. Moffet made a motion to adopt Resolution No. 17, Series of 2015 as read with a second from Kurz. The motion passed (7-0) The third item on the agenda was any action as a result of Executive Session. There was none. The fourth item on the agenda was Town Manager's Report Zemler informed council he would be attending the State Transportation Commission meetings regarding Interstate -70 underpass funding. Rogers stated she too would be attending these meetings. The fifth item on the agenda was 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. Community Development Director George Ruther explained to council if this ordinance is approved the new regulation would accomplish the following five objectives: 1) further protected the public health, safety, and welfare of the community by regulating sensitive stream tract areas in the Town; 2) prohibit private encroachments in stream tract areas; 3) further ensure that the stream tract areas remain natural open space and serve the purposes for which they are intended; 4) create a procedure by which the Town may abate an encroachment and seek reimbursement; and 5) establish a mandatory violation and penalty provision for failure to comply. Ruther reviewed the Community Development Departments' and the Town Attorney's office recommended changes since first reading of Ordinance No. 6, Series of 2015. The recommended changes were as follows: Notice of violation would be given by certified U.S. mail, return receipt requested, rather than 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 know address; advisement to the owner the encroachment shall be removed and the stream tract restored to its natural condition completed within forty-five (45) days, rather than thirty (30) 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 twenty-one (21) days, rather than seven (7) days, of the date of the notice; First offense in any 12 -month period: $500, rather than $100; and Second offense in any 12 -month period: $750, rather than $200. Roger asked what would happen if the violator would refuse the U.S. certified mail. Ruther explained the post office would return the receipt showing the certified letter was refused and the forty-five day count to restore the property to its natural state would begin. Daly was concerned if a violation notice was given during the winter season, the violator would not be able to restore the property within the forty-five days due to weather. Daly suggested giving violators ninety days to restore the property to its natural state rather than forty-five Town Council Meeting Minutes of June 16, 2015 Page 2 7/7/2015 days. Ruther said the property owner would have an opportunity to work with the Community Development Department on the time frame to complete or rectify the issues. Both Rogers and Moffet asked how the return receipt would hold up in a court of law. Town Attorney Matt Mire said the courts will use an envelope that acknowledges that someone had rejected or refused to sign for it as notice. Bugby suggested posting the notice to the property owner's door. Ruther felt the U.S. certified mail with the requested return receipt has been effective in similar Community Development processes. Bugby reviewed his redline version of the ordinance with his suggested modifications. Bugby explained he was not supportive of the increase in fines and that he the ordinance was overkill without due process. Bugby made a motion to accept his redline version of Ordinance No. 6, Series of 2015. There was no second to his motion. Bruno felt the forty-five day to rectify the violation was appropriate. Daly asked if an appeal would be heard by the Planning and Environmental Commission (PEC). Mire explained a dispute in boundaries would be heard in District Court and that the PEC could not dispute property lines. Mire went on to say the decision would be given to the Director of Community Development. Ruther stated his department had sent hundreds of letters to property owners regarding this ordinance between the first and second reading. Moffet made a motion to approve Ordinance No. 6 with the recommended amendments. The motion was second by Kurz. Daly asked for public comment. Jim Lamont, Vail Homeowners Association, agreed there have been stream tract issues prior to Town zoning and the Town has the right to enforce compliance, but also acknowledged that how its done is a delicate matter and cannot be overbearing. Lamont thought the Appellant process should be left in the hands of staff, but there needs to be an appeal process that would allow council to make the ultimate decision on more complicated properties. Daly stated the Town has been extraordinarily patient in working with private property owners on the stream tract issue and the Town needs to look at the quality of Gore Creek. Bugby felt the ordinance has good intentions, but there needed to be a way to allow a homeowner to have their day in court. Mire said all homeowners who have been in violation have received a trespassing summons; which required the homeowner to go before the municipal judge. Mire questioned what the appeal would be. Lamont asked how an adverse possession would work with this ordinance. Mire explained homeowners could do that now by going to the District court. Tom Vucich, East Vail property owner, expressed his preference to see a comprehensive ordinance and suggested a comprehensive public-private coordination effort on related stream tract issues. There was no more public input on this topic. Bruno reminded everyone the goal of the ordinance is to achieve compliance. The motion passed (6-1; Bugby opposed). The sixth item on the agenda was 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). Ruther explained the three objectives this ordinance would accomplish: 1) extend the Town Council Meeting Minutes of June 16, 2015 Page 3 7/7/2015 temporary ban on the operation of marijuana establishments at any location in the Town from August 4, 2015 to October 6, 2015; 2) restrict 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; and 3) afford 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 zones districts in which they should be permitted, if at all. Moffet wanted to clarify that since the Town doses allow this "use" in its current land use code, the Town would not allow or accept this type of business. Mire said yes and the ordinance would prevent someone from petitioning council. Daly asked for public comment. Bob Armour, Vail resident, stated he did his own research and spoke with communities that currently allow retail and medical marijuana establishments within their town limits and with business owners who are located next to or near marijuana establishments. Armour does not feel the Town needs to offer this type of service and would like council to make a motion to ban retail sales permanently. Robert Takata, Avon Resident, said Vail should consider a cannabis social club. Takata offered council his consulting services and insight into cannabis issues. Luc Meyer, Vail resident, said he was completely against adopting any kind of consumption club or retail pot sales in Vail. There was no more public comment. Moffet made a motion to approve the first reading of Ordinance No. 8, Series of 2015 to extend the moratorium, with a second from Kurz. The motion passed (7-0). The seventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which passed unanimously, (7-0) and the meeting adjourned 7:33 p.m. Respectfully Submitted, Attest: Andrew P. Daly, Mayor Tammy Nagel, Deputy Town Clerk Town Council Meeting Minutes of June 16, 2015 Page 4 7/7/2015 rowN of vain Memorandum To: Town Council From: Public Works Date: 07/07/2015 Subject: 2015 Vail Slurry Seal Contract Award ITEM/TOPIC 2015 Vail Slurry Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with A-1 Chipseal Co. to complete the 2015 Vail Slurry Seal Project. III. BACKGROUND Bids were received on June 23, 2015 from A-1 Chipseal Co. ($137,480.00) and Foothills Paving & Maintenance, Inc. ($217,950.00). The project is budgeted with the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in the 2015 Vail Slurry Seal Project include all neighborhood roads north of I- 70 from Arosa Drive to Red Sandstone Rd. The project is scheduled to be completed by October 2, 2015. Slurry seal creates a new wearing surface and seals the asphalt to prevent the damaging effects of water intrusion into the pavement and oxidation from the sun. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with A-1 Chipseal Co. to complete the 2015 Vail Slurry Seal Project in the amount not to exceed $137,480.00. 7/7/2015 0 rowN of vain Memorandum To: Vail Town Council From: Department of Public Works Date: July 7, 2015 Subject: Ford Park Hillside Revegetation Project — Request to Award Contract INTRODUCTION The purpose of this item is to request the Town Council to award the contract to complete Phase 1 of the Ford Park Revegetation Project . In 2014 Town Council directed staff to revegetate the hillside between the Ford Park lot and Gore Creek. This area was utilized as a snow dump for many years which destroyed the native vegetation. The Town Council has budgeted $100,000 to pay for the cost of the project. BACKGROUND Staff employed the services of Golder Associates, an international consulting firm specializing in restoration and reclamation work, to prepare plans and procedures to successfully accomplish the Ford Park Hillside Revegetation Project. Golder Associates recommended not disturbing the existing ground surface by removing existing cinders and Mountain Brome vegetation. This action would expose the large number of weed seeds present in the soil and result in unnecessary erosion. Golder Associates recommended mowing the existing Mountain Brome, seeding more desirable plant species and planting desirable plant material in pockets across the hillside. The planting will be accomplished in two phases with the woody vegetation being installed this year. During the following year, additional herbaceous plant material (wildflowers) will be installed. The existing irrigation system will be expanded to provide water for establishment of the seed and plantings over a period of 3 to 5 years. III. BIDDING PROCESS On May 29, 2015 a bid package of drawings and specifications was released to public bid for the Ford Park Hillside Revegetation Project. Bids were submitted and opened on June 17, 2015. Four bidders submitted bids for the project. The local company SHC Nursery and Landscape submitted the lowest qualified bid of $59,818.80. V. SCHEDULE Work will commence on the project immediately following Town Council award of the contract. The Phase 1 work will be completed on or around August 31, 2015. The contractor is well aware of the schedule of events at Ford Park and the restrictions associated with working around the parking areas. VI. STAFF/COMMITTEE RECOMMENDATION Town staff recommends the Town Council award the contract for the Ford Park Hillside Revegetation Project to SHC Nursery and Landscape in the amount of $59,818.80. 7/7/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 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. 7/7/2015 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: Town Manager's Report 1) Update about San Miguel de Allende Mexico delegation's July visit 2) Review topics for July 21 meeting with Avon Town Council (Avon's suggested topics: worker housing, transit, and coordination of Special Events ad Festivals) 7/7/2015 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: Presentation and request to approve final design for Lionshead Skatepark, project budget and award of construction contract. PRESENTER(S): Todd Oppenheimer, Town Landscape Architect and Jaxon Statzell, California Skateparks ACTION REQUESTED OF COUNCIL: The purpose of this item is to request approval from the Town Council on three issues concerning the design and construction of a permanent skatepark in the gap between the north and south sides of the Lionshead Parking Structure. They are as follows: 1. Approve the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops. 2. Award the contract for the construction portion of the Design/Build skatepark contract to California Skateparks in the amount of $1,258,738. 3. Amend the overall budget by $1,468,278 for a total budget of $1,618,278 for the skatepark BACKGROUND: On April 21, 2015 the Town Council unanimously approved the gap between the north and south sides of the Lionshead Parking Structure as the site for the permanent skatepark in Vail and awarded the design portion of a design/build contract for the skatepark to California Skateparks in the amount of $83,500. Staff was directed to proceed with the public process for the final design of the skatepark and related improvements including public art components, electrical/lighting, safety and site work. California Skateparks with town and VRD staff conducted 2 public skatepark design workshops to solicit input and ideas for the final design of the permanent skatepark. These workshops were held on May 13 and 27, 2015. Final costs for all construction and design have been determined and are broken down as follows. Skatepark design and public process $83,500 Skatepark and general construction $1,258,738 Integrated Public Art $50,000 Engineering and Code Analysis $50,840 Landscape and Irrigation $30,000 Contingency $145,200 Total $1,618,278 There is an option available to include snowmelt in the skatepark area. STAFF RECOMMENDATION: Town and Vail Recreation District Staff and the Skatepark Committee recommend the Town Council take the following actions regarding the proposed skatepark. 1. Approve the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops. 2. Award the contract for the construction portion of the Design/Build skatepark contract to California Skateparks in the amount of $1,258,738. 3. Approve and amendment to the budget of $1,468,278 for a total budget of $1,618,278 for the skatepark. 4. Provide direction if the Council would like staff to further investigate the idea of snowmelting the skatepark. ATTACHMENTS: Memorandum Presentation 7/7/2015 rowN ofvain Memorandum To: Vail Town Council From: Department of Public Works Date: July 7, 2015 Subject: Lionshead Structure Permanent Skatepark — Council Request INTRODUCTION The purpose of this item is to request approval from the Town Council on three issues concerning the design and construction of a permanent skatepark in the gap between the north and south sides of the Lionshead Parking Structure. They are as follows: Approve the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops. Award the contract for the construction portion of the Design/Build skatepark contract to California Skateparks in the amount of $1,258,738. Amend the overall budget by $1,468,278 for a total budget of $1,618,278 for the skatepark II. BACKGROUND On April 21, 2015 the Town Council unanimously approved the gap between the north and south sides of the Lionshead Parking Structure as the site for the permanent skatepark in Vail and awarded the design portion of a design/build contract for the skatepark to California Skateparks in the amount of $83,500. Staff was directed to proceed with the public process for the final design of the skatepark and related improvements including public art components, electrical/lighting, safety and site work. Staff employed the services of Martin and Martin Engineering to prepare designs and engineering drawings for the related improvements. The cost of the engineering work by Martin and Martin is $50,000. Public Process California Skateparks with town and VRD staff conducted 2 public skatepark design workshops to solicit input and ideas for the final design of the permanent skatepark. These workshops were held on May 13 and 27, 2015. People who attended the workshops included youth skaters, parents, adult skaters, and interest non -skating citizens. The first workshop, 24 in attendance, was to gather ideas and input regarding the styles of skatepark desired and the types of features to be included. Using the ideas presented and discussed, California Skateparks prepared 2 design options which were presented at the second workshop. At the second workshop, 36 in attendance, attendees were asked to review the designs and features and vote on the preferred types of features and their arrangement. The enthusiastic discussion resulted in a skatepark design which met the expectations and preferences of all in attendance. The preferences of the workshop attendees included a specific request to add a half -pipe feature, in addition to the already proposed mini -ramp, in the space beyond the west stair tower. The public opinion is that it provides a feature for a popular type of skating that exists in the current skatepark and is desired to be retained. 7/7/2015 Art in Public Places Public art is an important element in creating the identity and elevating the experience of Vail's proposed skatepark. Artistic and design elements will visually enhance the skatepark elements designed by CSP and extend to the surrounding walls and surfaces of the Lionshead Parking Structure within the skatepark area. AIPP issued an RFQ which resulted in over 50 applications by interested artists. Adhering to the artwork criteria as established by the AIPP Guidelines, four finalists were selected to submit proposals based upon quality and innovation, timelessness, compatibility with site, permanence, and public safety. The proposals are due July 15 with tentative review planned for July 20. The budget for public art within the skatepark project is $50,000. III. SKATEPARK DESIGN The design for the Vail Skatepark is going to be one of the most unique skate spaces in existence. Not only does it take advantage of an otherwise forgotten space, but even within the long, narrow corridor that will house the park, it takes every opportunity by twisting, turning, dipping, and extending around footings, walls, and other existing site conditions. The main stretch of the park, 5700 sq. ft., within the open air space of the Lionshead parking garage, spans 230' and is flanked on either side by vertical walls multiple stories tall where the garage stair circulation exists. The long narrow space allows for a large variety of street and transition style elements and also includes a signature "vert" feature running up the wall that houses the stairs, all of which were directly inspired by, and decided upon, by the local skate community. There are also two additional spaces beyond the stairs, each around 40' in length, that are going to be dedicated to transition elements — one beginner bowl and one more intermediate/advanced halfpipe. These spaces bring the total skate park area to approximately 7700 sq. ft. Images of the overall skatepark configuration and details of select features are attached. IV. DRB/PEC APPROVAL The Skatepark project is scheduled to be reviewed by the Planning and Environmental Commission (PEC) on July 13 and Design Review Board (DRB) on July 15, 2015. The action requested by the PEC is a modification of the existing Conditional Use Permit for a skate park at the Lionshead Parking Structure. A work session was conducted with the DRB on May 20, 2015. The DRB recommended that the two areas, outside the skatepark area, between the vehicular ramps crossing the gap be landscaped. V. PROJECT BUDGET On April 21, 2015 staff reiterated a preliminary overall budget in the range of $1,550,000. That preliminary budget included skate park design and public process, general construction, skatepark construction including the additional mini -ramp area, public art, engineering, and contingency. Final costs for all construction and design have been determined and are broken down as follows. Skatepark design and public process $ 83,500 Skatepark and general construction complete per design $1,258,738 Integrated Public Art $ 50,000 Engineering and Code Analysis $ 50,840 Landscape and Irrigation per DRB $ 30,000 Contingency $ 145,200 Total $1,618,278 Town of Vail Page 2 7/7/2015 The above pricing includes competitively priced subcontractor scope of work and the proposed expansion of the skatepark area with the half -pipe feature,which if included in April would have been proposed at $65,000, and landscaping of the areas between the existing vehicular ramps according to the recommendations made by the Design Review Board at the initial work session discussion. VI. OPTION FOR SNOWMELT There is an option available to include snowmelt in the skatepark area. The idea of including a snowmelt system within the skate park features was suggested by attendees of the public workshops, members of the skate park committee and California Skateparks. The benefits of snowmelting the skate park include year-round use of the facility which provides a winter activity that is currently unavailable to the public. The segment of the Vail guest and resident population that are too young for the bars and clubs would have an alternate activity to occupy their time and enhance their experience. In particular, events such as the Burton Open would bring a large number of that demographic to the park. The existing boiler room beneath the Lionshead Transit Building is sized to accommodate an additional boiler. This boiler is intended to provide heating capacity for approximately 20,000 square feet around and within the Lionshead Structure. The skatepark area would add 7,700 square feet to that area demand. If the Council is interested in pursuing snowmelt within the skatepark, additional engineering will be performed to determine boiler and control requirements. The cost of installation of a snowmelt system within the skatepark will be between $20 and $25 per square foot. This would result in a budget increase of $154,000 to $193,000. The cost of the boiler and modifications to the existing boiler room are not included. Annual operational cost for town -wide snowmelt areas are currently $3.00 per square foot. The cost of snowmelting the skatepark area would be approximately $23,000 per year. V. SCHEDULE California Skateparks has provided a proposed schedule for the construction of the skatepark of approximately 60 days. Construction is anticipated to begin on August 1, 2015 and be completed in mid October 2015. VI. STAFF/COMMITTEE RECOMMENDATION Town and Vail Recreation District Staff and the Skatepark Committee recommend the Town Council take the following actions regarding the proposed skatepark. 1. Approve the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops. 2. Award the contract for the construction portion of the Design/Build skatepark contract to California Skateparks in the amount of $1,258,738. 3. Approve and amendment to the budget of $1,468,278 for a total budget of $1,618,278 for the skatepark. 4. Provide direction if the Council would like staff to further investigate the idea of snowmelting the skatepark. Attachments 1. Presentation of skatepark design Town of Vail Page 3 7/7/2015 ■ . }. jt. L i ATie ,y n Ir •r _ TI�e�B OT I 0 of" rrts Gent r VII T -Shirt maims t - -." m� e Frc OF RLJ f p ,— Half Pipe n 235' long by 25' wide Vehicle Ramp 2 Landscape Area West Vehicle Ramp 1 CALIFORNIA � s k a t e p a r k s VAIL, COLORAOO r, Mini Bowl Main Area _ _ 1 ❑ Vehicle Ramp 3 Landscape Area East Vehicle Ramp 4 06.12.2015 / TOP LEVEL VIEW Access Closed Off Two parking spaces (each end) identified seasonally as ADA spaces. Main Entrance / Halfpipe Entrance Alternate Entrance / Mini Bowl Entrance Access Closed Off - - - - - - - - - - --------------------- -------------------- ------------------- ------------ -------------------- ---- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -❑� - - - - - - ----------- ---- 7 ---------------------- ---------- ---------------------- - ------------------- Fencing / Screening Access Closed Off Vehicle Ramp 2 Landscape Area West CALIFORNIA s k a t e p a r k s VAIL, COLORADO Access Closed off Vehicle Ramp 3 Landscape Area East 06.12.2015 / GROUND LEVEL CALIFORNIA � s k a t e p a r k s I', VAIL, COLORADO 06.12.2015 LOOKING EAST :;o Fencing "All If; JHNIIA / \/All-- (7nl nRAnn / nFn-lp-pnlci A nr7 CALIFORNIA � s k a t e p a r k s VAIL, COLORADO 06.12.2015 LOOKING WEST I Kev M a D I Landscape Area West CALIFORNIA � s k a t e p a r k s VAIL, COLORAOO Half Pipe 06.12.2015 Main Area WEST SIDE Ke M::a:E] { a Main Area Mini Bowl Landscape Area East CALIFORNIA VAIL, COLORAOO /06.12.2015 EAST SIDE skateparks CALIFORNIA / VAIL, COLOR/ADO / 06.12.2015 /MAIN ENTRANCE TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: Resolution No. 18, Series of 2015, A resolution of the Vail Town Council directing the Town Manager to sign a development agreement by and between the Town of Vail and the Vail Valley Medical Center; and setting forth details in regard thereto. PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or deny Resolution No. 18, Series of 2015 BACKGROUND: The Town must ensure that both the West Wing and the East Wing of the VVMC redevelopment are completed, and that certain obligations of VVMC are addressed, and to that end, VVMC is prepared to commit to the assurances and obligations in a Development Agreement, to demonstrate its commitment that the entire redevelopment will be completed in line with the community's expectations STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Resolution No. 18, Series of 2015, as presented and read. ATTACHMENTS: Resolution No. 18, Series of 2015 7/7/2015 RESOLUTION NO. 18 Series of 2015 ARESOLUTION DIRECTING THE TOWN MANAGER TO SIGN A DEVELOPMENT AGREEMENT BY AND BETWEEN THE TOWN OF VAIL AND THE VAIL VALLEY MEDICAL CENTER; 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 Vail Valley Medical Center (the "VVMC") intends to redevelop their property located at 181 West Meadow Drive; WHEREAS, the redevelopment of the property includes two separate phases, the East Wing and the West Wing; WHEREAS, VVMC will continue to provide health care services to the community throughout the duration of the redevelopment; and WHEREAS, the Town must ensure that both the West Wing and the East Wing are completed, and that certain obligations of VVMC are addressed, and to that end, VVMC is prepared to commit to the assurances and obligations in this Development Agreement, to demonstrate its commitment that the entire redevelopment will be completed in line with the community's expectations; and WHEREAS, the Council directs the Vail Town Manager to sign the Development Agreement by and between the Town of Vail and the Vail Valley Medical Center. NOW THEREFORE, B E IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby authorizes the Town Manager to sign the development agreement by and between the Town of Vail and the Vail Valley Medical Center on behalf of the Town 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 7{h day of July, 2015. Andrew P. Daly Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 18, Series of 2015 7/7/2015 EXHIBIT A Resolution No. 18, Series of 2015 7/7/2015 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is made on the day of , 2015 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality (the "Town") and Vail Clinic, Inc., a Colorado nonprofit corporation d/b/a the Vail Valley Medical Center ("VVMC") (each individually a "Party" and collectively the "Parties"). WHEREAS, VVMC intends to redevelop the Property more particularly described in Exhibit A, attached hereto and incorporated herein (the "Property"); WHEREAS, the redevelopment of the Property (the "Project") will include two separate phases, the East Wing and the West Wing, as more particularly described in Exhibit B, attached hereto and incorporated herein by this reference; WHEREAS, VVMC will continue to provide health care services to the community throughout the duration of the Project; WHEREAS, the Town must ensure that both the West Wing and the East Wing are completed, and to that end, VVMC is prepared to commit to the assurances in this Agreement, to demonstrate its commitment that the entire Project will be completed in line with the community's expectations; and WHEREAS, the Parties acknowledge that a second development agreement will be necessary, at the time that the East Wing proceeds through the development review process, to address public improvements and other development issues specifically related to the East Wing and not already covered by this Agreement. NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the Parties agree as follows: 1. Process. The Parties acknowledge that the Project will occur in two separate phases, the first phase being the West Wing and the second phase being the East Wing, as more particularly described in Exhibit B. 2. VVMC Obligations. a. Submittals. VVMC shall prepare all applications and related plans for the Project, in compliance with the Vail Town Code, at VVMC's sole cost. b. Timing. VVMC shall submit a complete conditional use permit application to the Town for the entire East Wing phase prior to the issuance of any certificate of occupancy for the West Wing. C. Applicable Law. VVMC shall comply with all applicable law, including without limitation all current and future federal, state and local statutes, regulations, ordinances and rules relating to: the emission, discharge, release or threatened release of a Hazardous Material into the air, surface water, groundwater or land; the 1 7/1/2015 II VWS-STORAGEI DESKTOPS$I SBELLMI DESKTOPI DA -A070115. DOCX 7/7/2015 manufacturing, processing, use, generation, treatment, storage, disposal, transportation, handling, removal, remediation or investigation of a Hazardous Material; and the protection of human health, safety or the indoor or outdoor environmental, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all applicable Colorado environmental laws; and all other federal, state or local laws and regulations relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, now or at any time hereafter in effect. d. Dedication of Easements. Prior to the issuance of the first certificate of occupancy for the Project, VVMC shall dedicate or convey to the Town all required easements, including without limitation emergency access easements, drainage easements, utility easements. e. Insurance. At a minimum, VVMC shall require its general contractor to carry not less than $4,000,000 of commercial general liability insurance covering death, bodily injury and property damage, and automobile comprehensive insurance. VVMC shall require its general contractor and subcontractors to maintain all required worker's compensation insurance. Upon request, VVMC and its general contractor and subcontractors shall provide written evidence to the Town of the existence of all required insurance policies described herein. f. Reimbursement Agreements. VVMC agrees that the various reimbursement agreements in place for consultants and attorneys necessary for the Town to process the applications submitted by VVMC in a timely manner shall remain in place through completion of the Project, and that any maximum amounts specified in such agreements shall be increased to amounts sufficient to cover costs incurred by the Town in processing the applications. 3. Public Improvements. a. General. In addition to VVMC's other obligations under this Agreement, VVMC shall construct and install the public improvements required for the Project in accordance with the applicable ordinances, codes and regulations and as described in Exhibits C-1, C-2 and C-3, attached hereto and incorporated herein by this reference (the "Public Improvements"). All references in this Agreement to VVMC maintaining a Public Improvement shall mean maintaining such Public Improvement until such time as it is accepted by the Town, in accordance with applicable Town ordinances and regulations. 2 7/1/2015 II VWS-STORAGEI DESKTOPS$1 SBELLMI DESKTOPI DA -A070115. DOCX 7/7/2015 b. Water, Sanitary Sewer and Storm Sewer. VVMC shall construct all required water, sanitary sewer and storm sewer facilities in accordance with the rules and regulations of the Town and the Eagle River Water and Sanitation District. C. Drainage i. VVMC shall construct drainage improvements in accordance with the rules and regulations of the Town. VVMC shall submit a final drainage study prior to the issuance of the first building permit for the Project. ii. As part of the drainage plan for the Project, VVMC shall route clean groundwater (from de -watering system) separately from stormwater. iii. All drainage improvements within the public rights-of-way shall be dedicated to the Town upon acceptance by the Town and thereafter maintained by the Town. All drainage improvements on private property shall be maintained by VVMC or private property owners subject to drainage easements to allow the Town to enter the property in the case that VVMC or such private property owners fail to adequately maintain such drainage facilities. d. Lighting. VVMC shall install all street and pedestrian lighting required for the Project in compliance with the Town's Design Guidelines, with attention to dark -sky compliant design and downcast lighting fixtures. e. Landscaping and Street Furniture. VVMC shall install and maintain all street trees, other landscaping and street furniture as approved for the Project, whether on private property or within public rights-of-way, at VVMC's expense in compliance with applicable Town regulations and the Landscaping Plan attached hereto as Exhibit D and incorporated herein by this reference. f. Parkinq. i. Due to the uncertainly of the potential West Parking Lot land exchange and the future of Lot 10 and how these factors could influence the final design of the surface parking lot for the Project, VVMC shall return to the Planning and Environmental Commission ("PEC") prior to construction of the parking lot. The purpose of the PEC hearing is for VVMC to present any changes to the parking lot design, and to present additional information, including without limitation: defining an access easement over the Property for access to Town parking spaces; evaluating appropriate setbacks between the westerly Property line and west edge of the parking lot with regard to screening, stream health, and snow storage; and Town Council's approval of any changes to Lot 10. ii. Prior to the issuance of the first building permit for the West Wing, and until the issuance of the first certificate of occupancy for the East Wing, VVMC shall provide the Town a minimum of 15 off-site parking spaces (to compensate for the 15 space reduction to existing parking from the re -design of the West Parking lot). 3 7/1/2015 II VWS-STORAGEI DESKTOPS$1 SBELLMI DESKTOPI DA -A070115. DOCX 7/7/2015 iii. Upon issuance of the first certificate of occupancy for the West Wing, and until the issuance of the first certificate of occupancy for the East Wing or until construction or acquisition of the 41 parking spaces required by Section 5(c)(ii) below, VVMC shall provide a minimum of 41 net new off-site parking spaces, to meet the parking requirements of the Project. For purposes of this Agreement, "net new" means spaces to which VVMC did not have access prior to March 23, 2015. g. Snowmelt Facilities. VVMC shall install heat and snowmelt facilities, including the heat plant and heat distribution system, required for all sidewalks on the Property as identified in Exhibit D, attached hereto and incorporated herein by this reference, and shall provide for the ongoing operation and maintenance of such facilities at VVMC's sole cost. h. Loading Areas. The Project shall include adequate loading and delivery facilities available, free of charge, for use by the Project. Loading and delivery facilities may be located on private parking areas, drives, and roads located on the Project, but not on public streets. i. Middle Creek. On or before August 14, 2015, VVMC shall submit a plan for cleaning and restoring the bank of Middle Creek adjacent to the Property and proceed through the appropriate process for completion by November 1, 2015. 4. Construction and Warranty. a. Plan. VVMC shall provide a construction management plan for review and approval by Town staff prior to the issuance of the first building permit for the West Wing. b. Phasing. Public Improvements may be constructed in phases, as required to serve the particular phase of the Project being constructed. C. Security. Prior to site disturbance for the Project, VVMC shall furnish to the Town either a cash escrow or an irrevocable letter of credit in an amount equal to 120% of the estimated costs of the Public Improvements required to support the phase of development for which the site disturbance is occurring. The Town shall have the right to draw against the security if VVMC fails to construct the Public Improvements for such development phase in compliance with this Agreement or applicable law. The Public Improvements for each phase of development will be set forth in a Development Improvements Agreement, in the Town's standard form. The letter of credit shall be in a form reasonably approved by the Town and issued by a financial institution reasonably satisfactory to the Town. The security shall be released as construction progresses in accordance with the Town's standard practices. d. Construction Standards. WMC shall ensure that all construction and improvements are performed in a workmanlike manner in accordance with Town rules, regulations, requirements, criteria, and codes governing such construction and this 4 7/1/2015 II VWS-STORAGEI DESKTOPS$1 SBELLMI DESKTOPI DA -A070115. DOCX 7/7/2015 Agreement. The Town shall have no duty to accept the dedication of any Public Improvement that is not constructed in compliance with this Section. e. Damage. VVMC shall be fully responsible for the prompt repair of any property which may be damaged during construction of the Public Improvements, whether such property is public or private. f. Completion. VVMC shall notify the Town when it deems a Public Improvement to be complete. g. Conditional Acceptance. Within 30 days of notification that the Public Improvements are complete, the Town will review the same and deliver a written Conditional Acceptance, or, for any that are not acceptable, specify in writing in reasonable detail which improvements are not acceptable and the reasons they are unacceptable. h. Warranty. VVMC warrants and guarantees that, for two years from the date of Conditional Acceptance, the Public Improvements: will not fail, and will be constructed and installed in a workmanlike manner suitable for their intended uses; will be constructed in compliance with applicable federal, state, municipal, and special district statutes, ordinances, regulations, rules and codes; and will comply with all applicable land use approvals. i. Final Acceptance. Upon the expiration of the warranty period for any particular Public Improvement, and provided any breaches of warranty have been cured, the Town shall issue written Final Acceptance of such Public Improvement and, thereafter, the Town will accept and maintain such improvements. Upon VVMC's request, the Town shall confirm in writing the acceptance of such Public Improvement. 5. Fees. a. General. Except as expressly provided in this Agreement, VVMC shall pay all permit, plan review, and other similar fees to the Town in connection with the Project. b. Employee Housing. The Parties recognize that the Project will generate new employees, and as such, VVMC must mitigate the impacts on employee housing. In mitigation of those impacts, VVMC agrees to the following: i. Initial Payment. VVMC shall submit a cash -in -lieu payment in accordance with this Section (the "Employee Housing Payment"). The Employee Housing Payment shall be due upon issuance of the first building permit for the West Wing. The amount of the Employee Housing Payment shall include both the employees generated by the West Wing (56 employees as determined by the PEC on May 11, 2015) and the employees anticipated to be generated by the East Wing and all other aspects of the Project ("East Wing Estimate"). When the final employee housing requirements are determined by the Town (during the PEC approval process for the East Wing), the amount due will be determined, 5 7/1/2015 II VWS-STORAGEI DESKTOPS$1 SBELLMI DESKTOPI DA -A070115. DOCX 7/7/2015 under the formula in place at that time. The Employee Housing Payment shall be retained by the Town, regardless of whether the East Wing is ever constructed. ii. Audit. Two years following the issuance of the first certificate of occupancy for the West Wing, the Town shall conduct an audit to determine how many new employees were actually generated by the West Wing during that two- year period. If that number exceeds 56, VVMC shall submit an additional cash - in -lieu payment for the additional employees. If that number is less than 56, VVMC may be entitled to a credit as set forth below. iii. Credit. If a building permit is issued for the East Wing within 10 years from the date of issuance of the first certificate of occupancy for the West Wing, the Town shall credit that portion of the Employee Housing Payment not attributable to the West Wing against any employee housing mitigation requirements for the East Wing. iv. Refund. If a building permit is issued for the East Wing within 10 years from the date of issuance of the first certificate of occupancy for the West Wing, and the East Wing Estimate exceeded the actual employee housing mitigation requirements for the East Wing Estimate, the Town will provide a refund. V. No Credit or Refund. If a building permit is not issued for the East Wing within 10 years from the date of issuance of the first certificate of occupancy for the West Wing, the entire Employee Housing Payment shall be retained by the Town, with no credit or refund to VVMC. C. Parking. The Parties recognize that the Project will generate increased parking demands, and that currently, a parking deficit of 173 spaces exists (the "Parking Deficit"). The Parties agree to address the deficit and the increased parking demands as follows: L Annual Payment. VVMC shall remit an annual payment to the Town to defray the Town's expenses incurred in providing parking for VVMC during the non -ski season months, in the amount of $5,250 (the "Annual Parking Payment"). The Annual Parking Payment shall commence upon the issuance of the first building permit for the West Wing and continue until the first certificate of occupancy is issued by the Town for the East Wing. ii. Future Parking Commitment. Upon the issuance of the first certificate of occupancy for the East Wing, VVMC shall construct or acquire ownership of a minimum of 41 net new parking spaces on-site or within 300' of the Property. In addition, VVMC shall construct parking or implement permanent programs or improvements to provide alternative transportation solutions for employees that further mitigate the Parking Deficit. Examples of such programs or improvements include without limitation off-site or down -valley park and ride facilities and other programs set forth in § 12-10-20 of the Vail Town Code. All such programs are subject to review and approval by the Town pursuant to 6 7/1/2015 II VWS-STORAGEI DESKTOPS$1 SBELLMI DESKTOPI DA -A070115. DOCX 7/7/2015 applicable review procedures. Such programs shall not be altered or discontinued without prior Town approval. iii. Penalty. If VVMC does not obtain the first building permit for construction of the East Wing and does not mitigate the Parking Deficit as required above within 10 years of the issuance of the first certificate of occupancy for the West Wing, then VVMC shall pay the Town a penalty of $14,980,000 (which represents $70,000 per parking space); provided that the penalty shall be reduced in an amount equal to the parking spaces that have been constructed, acquired or mitigated for, in the amount of $70,000 per space. If the penalty is imposed, in addition to the penalty, the Parties acknowledge that the Town shall not have any obligation to act on any land use applications for the Property that do not address the Parking Deficit. iv. Audit. The Town shall conduct a biennial audit of the parking programs implemented and improvements constructed by VVMC. If the audit demonstrates that such programs and improvements have not mitigated the Parking Deficit, the Town may require VVMC to implement new or improved programs, or make additional improvements, subject to applicable Town review procedures. d. Traffic. The Parties recognize that the Project will generate traffic impacts, and as such, requirements for mitigation of such traffic impacts. The Parties agree to address those parking impacts as follows: i. Payment. VVMC shall pay a traffic impact fee (the "Traffic Payment"), upon the issuance of the first building permit for the West Wing. The amount shall be $624,000 ($6,500 multiplied by 96, which represents the net new p.m. peak hour trips actually generated by the West Wing and estimated to be generated by the East Wing). ii. Refund/Additional Payment upon Codification. The Parties recognize that the Traffic Payment is based on the formula in place as of the Effective Date, but that the formula was not codified on the Effective Date. When the Town codifies the formula, the Parties agree that, should the codified formula result in a total payment that is less than the Traffic Payment, the Town will refund the difference to VVMC, but should the codified formula result in a total payment that is more than the Traffic Payment, VVMC will make the additional payment to the Town; provided, however, that the codification of the formula occurs prior to the submittal of the first building permit application for the East Wing or within 5 years of the issuance of the first certificate of occupancy for the West Wing, whichever occurs first. If no formula is codified within that time, no refund or additional payment shall be due. If the Town codifies the formula and VVMC makes an additional payment to the Town as set forth above and the Town subsequently amends the formula to decrease the cost per trip within 5 years of the codification, then the Town shall refund the difference to VVMC. 7 7/1/2015 II VWS-STORAGEI DESKTOPS$I SBELLMI DESKTOPI DA -A070115. DOCX 7/7/2015 iii. Refund/Additional Payment for East Wing. Upon issuance of the first building permit for the East Wing, the number of new p.m. peak hour trips actually generated by the East Wing shall be determined. If the number of trips is less than the amount estimated in Section 5.d.i. above, the Town will refund the difference to VVMC. If the number of trips is more than the amount estimated in Section 5.d.i. above, VVMC shall make the additional payment to the Town. iv. Credit. The actual cost to VVMC of the initial access improvements to the South Frontage Road and Town Hall parking lot, as set forth in Exhibit C-3, attached hereto and incorporated by this reference, shall be credited against the Traffic Payment, up to a maximum amount of $250,000, at such time as such improvements are accepted by the Town. 6. Breach and Remedies a. By the Town. If the Town defaults on any obligation under this Agreement for any reason, VVMC may seek damages, but VVMC shall not be entitled to enforce this Agreement through an action for specific performance. b. By VVMC. If VVMC defaults on any obligation under this Agreement, the Town may: seek damages; draw on the letter of credit; and/or withhold issuance of building permits or certificates of occupancy not yet issued for any improvements on the Property until said default has been cured or waived. In addition to the specific remedies set forth herein, the Town shall have all other remedies available at law or equity, and the exercise of one remedy shall not preclude the exercise of any other remedy. 7. Miscellaneous. a. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. b. Integration. This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. C. Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. d. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. e. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. 8 7/1/2015 II VWS-STORAGEI DESKTOPS$I SBELLMI DESKTOPI DA -A070115. DOCX 7/7/2015 f. No Third Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. g. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and VVMC, and nothing contained in this Agreement shall be construed as making the Town and VVMC joint venturers or partners. h. Notices. A notice under this Agreement shall be in writing and may be given by U.S. Mail, postage prepaid, addressed as set forth herein; or hand -delivery. Notice shall be effective three days after mailing or immediately upon hand -delivery. The addresses of the Parties shall, unless changed in writing, be as follows: The Town: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81657 VVMC: Chief Executive Officer Vail Valley Medical Center 181 West Meadow Drive Vail, CO 81657 With a copy to: Chief Financial Officer Vail Valley Medical Center 181 West Meadow Drive Vail, CO 81657 i. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of the Town under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. j. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town and its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended. k. Recording. This Agreement shall be recorded with the Eagle County Clerk and Recorder. The benefits and obligations of the Parties under this Agreement shall run with the land, and shall be binding on, and enforceable by, any subsequent holder of an interest in the Property. I. Rescission without Penalty. Notwithstanding any other provision of this Agreement, should the Town fail to approve any of the land use applications for the Project, either Party shall be entitled to rescission of this Agreement without any penalty whatsoever. Should the Town approve the applications, but the approvals are 9 7/1/2015 II VWS-STORAGEI DESKTOPS$I SBELLMI DESKTOPI DA -A070115. DOCX 7/7/2015 challenged by referendum or other legal action, either Party shall be entitled to rescission of this Agreement without any penalty whatsoever. M. Force Majeure. Neither the Town nor VVMC shall be in breach of this Agreement if a failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature or the authority and orders of government. IN WITNESS WHEREOF, the Town and VVMC have executed this Agreement as of the Effective Date. TOWN OF VAIL: Stan Zemler, Town Manager ATTEST: Patty McKenny, Town Clerk 17iv1►yi[is STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by as of Vail Clinic, Inc., a Colorado nonprofit corporation d/b/a the Vail Valley Medical Center. 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Jlmb n�K=:Y gk.2°I+.M+n k.°�4 :bF3.e,i'�kr X��3+'"-i�kFPOFs VAIL VALLEY MEiY�A4 (+FWFR DEBCN FEa)EW BOMM ir.reae�stw Vy u rN u i�a+CAI wiL'P7CeL+ LAN05CA.RE PLATS L10'1.QRi 7/7/2015 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: First reading of Ordinance No. 7, Series 2015 an Ordinance making budget adjustments to the Town of Vail General Fund, Police Crimes Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund. PRESENTER(S): Kathleen Halloran, Finance Director and Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 7, Series 2015 BACKGROUND: Please see attached memo STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 7, Series 2015 ATTACHMENTS: Supp2 7/7/2015 TOWN N O F TO: Vail Town Council FROM: Finance Department DATE: July 7, 2015 SUBJECT: 2015 Budget Supplemental Appropriation I. SUMMARY In Tuesday evening's session, you will be asked to approve the first reading of Ordinance No. 7, Series 2015, a supplemental appropriation of the 2015 budget. II. DISCUSSION Included in this supplemental discussion are requests for funding outside of the town's normal budget cycle, or "off -cycle contributions". The purpose of this mid -year review is to provide an opportunity for organizations that have newly identified projects or unforeseen changes to their budgets to come forward all at the same time and for Council to provide consistent criteria and evaluations. Staff recommendations for these requests are attached on page 4. General Fund Budgeted revenue will be adjusted by an increase of $23,260 directly offset by corresponding expenditures: $10,000 of donations raised by the Friends of the Library will be used towards funding an annual fundraising event, "One Book One Valley" author expenses and recycling bags for distribution under the town's environmental program; $7,500 of state grant funding from the Department of Criminal Justice will be used to purchase listening devises for covert police investigations; $5,760 of rental revenue for the recently -purchased Vail Heights Unit #7 will be used to offset needed improvements to the new employee rental unit, assessments and utilities. An overall expenditure increase of $88,951 is requested with $23,260 of that relating to the expenditures mentioned above. Other expenditure adjustments include $25,000 for the winter Toronto air service pledge as originally requested during the 2015 budget process. At that time, Council directed staff to wait until later in the year so the town's funding would align with other funding partners. The original funding request was $39,000. Also requested (and approved) in the 2015 budget process was an increase of $11,561 for radio communication charges paid to Eagle County. It is included in the supplemental because it was erroneously omitted from the accounting system due to a clerical error made when the budget was entered by departments. The off -cycle contributions are currently included in this budget request based on staff recommendations and total $33,500. Please see page 4 for details of the contribution requests and staff recommendations. 7/7/2015 These adjustments to the General Fund 2015 budget result in a net decrease of $74.2K, with a resulting fund balance of $19 million by the end of 2015, or 55% of annual revenues. Police Crimes Fund The Police Crimes Fund is reported within the General Fund as restricted resources. These funds are restricted for uses defined by the state and federal government for police activity. This supplemental budget request is for the use of $2,000 of seizure funds for drug task force activities. There is no net impact to the Police Crimes Fund. Capital Projects Fund Revenue will be adjusted by a total increase of $227,300 offset by corresponding expenditures. This includes a state grant of $37,500 to offset $46,500 of expenditure for new electric car charging stations in the parking structures. It also includes an $189,800 state grant from CDOT which will be used to continue the Police E -ticketing system implementation. Staff is requesting to supplement 2015 expenditures by a total of $486,300. Other than the $236,300 relating to the items listed above, new projects or increases requested include: $100,000 increase to capital street maintenance for an unexpected glycol spill caused by an underground pipe leak that needed immediate attention. The spill was not covered by our insurance. $150,000 to be moved forward from the 2016 budget for design, surveys, and soil testing to be completed this summer for a renovation of the East Vail Fire Station. These monies are currently budgeted as part of the $1.5 million in the 2016 budget for this project. The proposed budget adjustments will result in an estimated fund balance of $21.8 million by the end of 2015. Real Estate Transfer Tax (RETT) Fund Budgeted revenues will increase by $1,000 to reflect a donation toward the Sole Power program to be directly off set by corresponding expenditures for that environmental program. Revenue will also be adjusted for the sale of the Art Pass, a new art membership program offered by the Art in Public Places department. With the program just getting off to a start, staff is estimating revenue and expenditures both at $5,000. Staff has also included the off -cycle contribution request at an amount of $10,000 for the Vail Valley Trail Connection. Pease refer to page 4 for details. A $1.9M transfer of funds from the Conference Center Fund to the RETT Fund reflects the remaining balance to be used to offset construction of the Vail Golf and Nordic Clubhouse. The proposed budget adjustments will result in an estimated fund balance of $3.1 million by the end of 2015. -2- 7/7/2015 Dispatch Services Revenue will be adjusted by $10,000 which is an estimated amount of reimbursement from Pitkin Country for corresponding expenditures relating to an intergovernmental agreement to supply Vail Dispatch Services staff while Pitkin County rebounds from a severe staffing shortage. There is no net impact to the Dispatch Fund. Conference Center Fund Budgeted revenues will increase by a total of $10,000. This is due entirely to an increase in estimated interest income. The increase to investment income reflects the amount of fund balance that has remained in this fund for a large part of the year. A transfer of $1,973,553 to the RETT Fund is proposed to offset construction of the Vail Golf and Nordic Clubhouse as part of the original plan approved by voters. This transfer will eliminate any remaining dollars from this fund. Timber Ridge Enterprise Fund Operating expenditures are reduced by $397,000 due to an accounting adjustment. During the first budget supplemental, too high of an amount was re -appropriated for capital projects. -3- 7/7/2015 2015 Off -Cycle Contributions A. Eagle Air Alliance BACKGROUND INFORMATION: The Eagle Air Alliance is requesting a cash contribution of $25,000 to add a new flight guarantee for Oakland California on Allegiant airline. As of June 26, the Air Alliance notified us that the amount requested will decrease due to Allegiant not being able to start service until February (original request was for December). STAFF RECOMMENDATION: Staff recommends funding this request due to the economic benefit to the town driven by air service into Eagle County. Amounts requested from other partnering organizations for this particular flight include Eagle County at $30K and Gypsum at $25K; they also plan to request funding from Beaver Creek Resort Co. and Avon. B. Vail Chamber & Business Association (VCBA) BACKGROUND INFORMATION: The VCBA is requesting a cash contribution of $25,000 to help offset the cost of advertising to the business partners who participate in the publication. STAFF RECOMMENDATION: Staff recommends the purchase of advertising space within this publication (10 pages at $850/page for total amount of $8,500) rather than a direct cash contribution. While staff strongly agrees with the new direction this publication is heading, the subsidy of advertising for Vail businesses does not seem appropriate for taxpayer dollars. C. Parking for summer sporting events BACKGROUND INFORMATION: Council has delegated authority to staff for the distribution of in- kind services, however those requests are reported to Council and the public for tracking and transparency purposes. With the recent changes in summer managed parking out at Ford Park and the Soccer Field parking areas, staff is proposing to document any in-kind parking allocated to sporting events (such as Kick It Soccer) through this process. This is consistent with how we document parking allocated to Bravo!, local area nonprofit groups, etc. A limited amount of parking will be granted through this process each year and staff will look to the Event Review Committee to allocate appropriately to events bringing more than 1,000 attendees/spectators. If parking needs extend beyond the annual limit then parking fees may apply during the managed -parking days. STAFF RECOMMENDATION: No action needed. D. Vail Valley Trail Connection BACKGROUND INFORMATION: The Vail Valley Trail Connection is requesting a cash contribution of $15,000 to work toward the goal of being designated a Gold Medal Ride Center by the IMBA (International Mountain Bike Assn) and for overall work to improve trails throughout the Vail Valley. STAFF RECOMMENDATION: Staff supports funding from the RETT Fund at a level commensurate with Eagle County, at $10,000. Staff has inquired about funding from Beaver Creek;Town of Avon has pledged $15,000, Town of Eagle $7,500 and Gypsum $2,500. Private businesses have pledged a total of $14,500. .19 7/7/2015 APPLICATION FOR TOWN OF VAIL FUNDING GENERAL INSTRUCTIONS All applications must be submitted to the Town of Vail by May 29, 2015 by 5:00 P.M.. Please submit an electronic version in a single file (please do not submit separate documents) via email to khalloran@vailgov.com. Any application received after that date will not be considered. No hard copies are required. For questions on the financial statements, please contact Kathleen Halloran at 479-2116. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: EGE Air Alliance 2. Contact person: 3. Mailing address: 4. Telephone Michael Brown PO Box 7330, Avon, CO 81520 970.748.5702 5. Members and Titles of your governing board: Michael Brown, Chair Jean Alexander Jeff Shroll Gabe Shalley, Treasurer Peter Dan John Shipp Kelli McDonald Jean Alexander Jen Brown Julie Bergsten Virginia Egger 6. Amount of contribution requested: $25,000 7. Why was this not part of the normal contribution request process for 2015 budgeting (due June 30, 2014)? The Air Alliance would like to request an off -cycle supplemental funding request in the amount of $25,000 in order to secure new non-stop flight service from Oakland, California for the upcoming winter season. This service would be two days per week on Allegiant Airlines with an anticipated minimum revenue guarantee of $230,000 to be raised in collaboration with other public and private partners in order to raise the necessary funds to increase our air service. This service would result in an estimated increase in net new passengers of 3,900 which equates to an economic impact of $8,322,600 (source: EGE Intercept Study, RRC Associates, winter 2014-15 guest spending). This flight opportunity did not exist when the 2015 funding request was completed. 8. Organization fiscal year-end: December 31 9. Are your books audited? No 10. How will the contribution be used? 7/7/2015 As noted above, funds will be used to secure a new non-stop flight from Oakland, CA to Eagle County Regional Airport for the upcoming winter 2015-16 season. 11. How does your request support item 1C of the contribution policy? We believe it is completely aligned with the mission of the Town of Vail and that flight service is of utmost importance to the health of our tourism economy. The airport in many ways is the economic driver of our tourism industry, and the tourism industry is the economic driver of small business success in Eagle County and the Town of Vail. Air service is also an important consideration to second homeowners and prospective businesses, further connecting the grant request to the strategic goals outlined by the Town of Vail. Some key facts that benefit the community and support the ToV goals and mission: • 39% of EGE visitors stay in the Town of Vail • Average stay is 6.6 nights • Average spend is $392 per person/per day (not including airfare) for Vail visitors through EGE • EGE visitors have a high income profile (60% earn over $200k per year and 25% earn over $500k), matching Vail's demographic for destination guests • If air service were not available to EGE and visitors had to fly into DIA and drive to Eagle County, the impact is potentially significant on future visitation to the area, with nearly 70 percent of travel possibly affected to one extent or another. Most significantly, more than one in four may not visit at all if they have to fly to DIA and then drive to the area (28 percent definitely will not or unlikely to visit). An additional two in five respondents said they would visit, but less often (41 percent). • 39 percent of EGE visitors indicate that availability/ variety of nonstop flights from EGE to out-of-state hub airports would be the single most important factor in their decision to use EGE for future trips. Source: EGE Intercept Study, winter 2014-15, RRC Associates Increased air service, in this case through support for new non-stop service from a top skier market (Oakland/Bay Area, CA), and the demographics and data of visitors who access our community through the Eagle County Regional Airport, is clearly aligned with the goals set forth in item 1C. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? EGE Air Alliance is funding by both public partners (Eagle County, Town of Gypsum, Town of Eagle, Town of Avon, Beaver Creek Resort Company, Town of Vail) and private partners (approximately 70 business entities throughout the valley with Vail Resorts as the largest supporter). 13. Organization's mission statement: The mission of the EGE Air Alliance is to create and maintain a vibrant flight program at the Eagle County Regional Airport (If more room is needed to answer questions, please use the back of this page.) 7/7/2015 APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet Instructions: Round all figures to the nearest dollar. Please present in as much detail as possible. Assets: Most Recent Completed Fiscal Year (Date: December 31, 2014 Alpine Bank Account: $179,627. Total Assets $179,627. Liabilities: Accounts Payable: $0 Total Liabilities $0 Total Liabilities & Assets (Total Assets Minus Total Liabilities) $179,627. 7/7/2015 APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses Instructions: Round all figures to the nearest dollar. Please present as much detail as possible. Current Fiscal Year Budget Revenues: (List by funding source) Private Sector Fundraising $180,000 Public Sector Fundraising $330,000 • Eagle County - $150,000 • Town of Avon - $20,000 • Town of Eagle - $10,000 • Town of Gypsum - $50,000 • Town of Vail - $50,000 • Beaver Creek Resort Company - $50,000 Total Revenue $510,000 Expenses: $513,500 • Administrative Expenses (Magellan) - $36,000 • EGE Air Alliance Public Awareness - $35,000 • Airport Intercept Survey (EGE Portion) - $12,500 • EGE Community Awareness Survey - $20,000 • Administrative Expenses (Vail Valley Partnership) - $25,000 • 2015 Summer Houston Flight Guaranty - $385,000 Total Expenses Total Revenue Minus Expense $ 513,500 ($3,500) 7/7/2015 APPLICATION FOR TOWN OF VAIL FUNDING GENERAL INSTRUCTIONS All applications must be submitted to the Town of Vail by May 29, 2015 by 5:00 P.M.. Please submit an electronic version in a single file (please do not submit separate documents) via email to khalloran®vailgov.com. Any application received after that date will not be considered. No hard copies are required. For questions on the financial statements, please contact Kathleen Halloran at 479-2116. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: Vail Chamber and Business Association 2. Contact person: Alison Wadey, executive director 3. Mailing address: 241 South Frontage Road East Suite 2 Vail, CO 81657 4. Telephone: 970-477-0075 5. Members and Titles of your governing board: Lourdes Ferzacca, President. Paul Wible, Treasurer. Lance Thompson, board member. Bill Suarez, board member. Scott Speedy, board member. Larry Cavanaugh, board member. Cabal Yarne, board member. Michael Staughton, board member. Chris Cremer, board member. 6. Amount of contribution requested: $25,000 7. Why was this not part of the normal contribution request process for 2015 budgeting (due June 30, 2014)? The project started to be planned and discussed over the winter of 2015. It was not in any planning stages summer 2014. 8. Organization fiscal year-end: December 31st 9. Are your books audited? No, CPA reviewed. 10. How will the contribution be used? It will be used to supplement the Vail Guide, a Vail business printed and online directory. It will help to bring down costs for Vail business owners wanting to be in the publication. 11. How does your request support item 1C of the contribution policy? The Vail Guide will provide our guests with a polished and informational directory of all types of businesses located in the Town of Vail. It will showcase Vail businesses in a professional and uniform manner that will be in line with the Vail Brand. This piece will showcase what is truly unique about Vail, its thriving business community. It will be without editorial or copy, and simply be an attractive, professional directory of Vail businesses and pertinent community information. The piece will be available for our guests upon arrival but can also be sent to their home in advance. It will also be easily accessed via the internet. 12. Who currently funds your organization (other governments, private donations, user fees, etc.)? Membership fees and educational programming. 13. Organization's mission statement: "To support Vail businesses through advocacy, education, and communication that will foster strong collaborative relationships with, 7/7/2015 and economic development for all members of the Vail community." Core values: Integrity, Cooperation, Effectiveness, Service, and Empowerment. (If more room is needed to answer questions, please use the back of this page.) 7/7/2015 8:18 PM Vail Chamber & Business Association 01/27115 Balance Sheet Cash Basis As of December 31, 2014 Page 1 7/7/2015 Dec 31, 14 Dec 31, 13 $ Change % Change ASSETS Current Assets Checking/Savings Checking -First Bank of Vail 15,744.78 16,926.03 -1,181.25 -7.0% Checking -Alpine Bank 25.00 25.00 0.00 0.0% First Bank of Vail -Liquid Asset 1,033.36 1,032.86 0.50 0.1% Total Checkingl5avings 16,803.14 17,983.89 -1,180.75 46% Total Current Assets 16,803.14 17.983 89 -1,180.75 -6.6% Fixed Assets Furniture, Fixtures, Equipment 31,653.19 30,032.84 1,620.35 5,4% Less Accumulated Depreciation -26,063.00 -26,063.00 0100 0,0% Total Fixed Assets 5,590.19 3,969.84 1,620,35 40.8% TOTAL ASSETS 22,393.33 21,953.73 439.60 2.0% LIABILITIES & EQUITY Liabilities Current Liabilities Other Current Liabilities Prepaid Income 0.00 1,890.00 -1,890.00 -100.0% Total Other Current Liabilities 0.00 1,890.00 -1,890.00 -100.0% Total Current Liabilities 0.00 1,890.00 -1,890.00 -100.0% Total Liabilities 0.00 1,890.00 -1,890.00 -100.0% Equity Opening Bal Equity 61,482.38 61,482.38 0.00 0.o% Retained Earnings -41,418.65 -55,981.06 14,562.41 26.0% Net Income 2,329.60 14,562.41 -12,232.81 -84.0% Total Equity 22,393.33 20,063.73 2,329.60 11.6% TOTAL LIABILITIES & EQUITY 22,393.33 21,953.73 439.60 2.0% Page 1 7/7/2015 6:19 PY 01r27n5 Cash Bawls Ordinary IncomolExpnna Income Income Golf Tournemenl Merchant Pass Program Think2Asdam Retenrsl Income Events Membership Dues Trade Out for Dues Membership Dues -Other Total Membership Dues Total kltome Dwutlon Tarn Council C4m$date Frown Customer Service Program Membership Dues - Wtteoffs Merchant Pus Program Pass Vail Cooks...lor youl Other Income Bank Account Interest Total Otlwr Income Total Income Cost of Goode Sold Cost of Goods Sold Goff Expenses Cost of Events ThInk2PaAorm Total Cost of Goods Sold Total COGS Grose Praia Expense Ash My Accountant Merchant Pass Program Marketing Expense Web Site Everts Adrertlaing0romotlons ktemetANebsite Service Total Marketltlg Expense Member Servkn Membership Drive MmMers Meeting Total Member SeMces Contract Labor Salaries A Wages Contract Labor Payroll Taxes Payroll Fees Workers' Compensation Insurance Total Contract Labor Operating Expanse Sponsorship Dues and SubwAptio s Meals E Entertalnimt Parking Reit Professional Fees Accounting Consulting Tow Professional Fees Insurance Di -I, rs i OrOoen ksurance Llsbilky Insurance Totallnsuraace Telephone Copier i Fax RepalralMalntenente Cleaning Computer Maintenance Total Repakslalalntenance OfOee Supplies Postage Vail Chamber S Business Association Profit & Loss January through December 2014 Jan - Dec 14 Jan - Dec 13 11,435.00 0.00 508.00 moo 8,000.00 4,105.00 880.00 0.00 40200 am 720.00 000 60.657.50 60,37750 79,68250 54 482 50 am 500.00 0.00 1. sm 00 am 1,042 00 -4,2a5.00 -13,055.00 0.00 1,22000 0.00 838.00 050 0.34 0.50 0.34 75,3Ta00 56 327.84 a,494.20 0.00 83200 0.00 a,727.33 0.00 18,053.53 000 18,05153 57,324.47 am 0.00 $ Change % Change 11,435.00 100.0% 509.00 100.094 1,895.00 46.2% ew 00 100,0% 90200 100,0% -720.00 -100.0% 280.00 0.5% .440.00 1,010.81 15,18000 23.5% 500.00 -100.0% -1.500-00 -100.0% -1,D4200 -100.0% 8.77000 67.2% -1.220.00 -1002% .638.00 -100.0% 0.16 47.1% 016 471% 19,05016 33.8% a,494.2D 100.0% 11320D 100.0% 6,727.33 100.0% 10.05353 1002% 0-00 18,05353 100.0% 58,32754 991183 1.8% D.OD am 0.0% 11 5D -11.50 -100.0% 3,540.00 0.00 0.00 583.52 4$0.00 1,523,17 0.00 540.00 3,990.00 2,646.89 sum 0-00 450.w 1,010.81 1,314.83 1,010.81 000 0,00 24,576.113 14,780.00 0.00 0.00 am Sass 000 131.00 24,578.93 15,009.55 000 550.00 1,640.50 620.0 259.59 0.00 19200 0.00 3,000.00 2,750.00 4,099.20 4,250.00 2,607.00 3,562.49 6,707.00 7,02249 1,000.00 1,20.00 691.00 500.00 1,69100 1,709.00 3.279.19 3,13226 6.31901 4,928.76 1tam 000 1,16250 0.00 1,27250 0.00 76795 314,15 33& 14 723.24 3,540.00 100.0% 563.52 400.0% -1,073.17 -70.5% -540.00 -100.0% 1,34131 50.8% 864.63 100.0% 560.81 55.5% 303.82 30.1% 0.00 0.0% 9,796.93 66.3% 000 0.0% 4W55 -100.0% -131.00 -100.0% 9,58736 63.7% 550.00 -100.D% a20.50 100.1% 259.59 100.0% 19200 100.0% 250.00 9.1% -18090 -3.8% 454.69 128.8% -1,115.49 .143% 709.00 47.2% 191.00 38.2% -11.00 1.0% 146.93 47% 39015 79% 110.00 100.0% 1,16250 100.0% 1,27250 100.0% 45179 144.5% 11290 50.8% Page 1 7/7/2015 6;19 P81 Vail Chamber & Business Association olMns Profit & Loss Cash Basis January through December 2014 Jan - Uae 14 Jan - Dec 13 s Change % Change Travel a EMWMInment Entertalnmmft 0.00 270.24 -2M14 •100.0% Travel 0.00 151.2s 15125 -100 9% Total Trawl d Entertalment 000 421.49 .42149 -100.0% Cradlt Card Fees 648.43 416.48 23195 59.7% Total Operaft Expense 25,113.31 23,086.88 2,025.43 8 8% Total Expense 54,994.87 41,765.43 13.229.44 317% Net Ordinary Wpap 2,329.60 14,56241 -12,23281 -84.0% Nat hxmao 2,329.60 14.562.41 12,232.91 -00.0% Pape 2 7/7/2015 APPLICATION FOR TOWN OF VAIL FUNDING GENERAL INSTRUCTIONS All applications must be submitted to the Town of Vail by May 29, 2015 by 5:00 P.M.. Please submit an electronic version in a single file (please do not submit separate documents) via email to khalloran@vailgov.com. Any application received after that date will not be considered. No hard copies are required. For questions on the financial statements, please contact Kathleen Halloran at 479-2116. PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK 1. Name of organization: Vail Valley Trail Connection (501(c)6 non-profit status pending) 2. Contact person: Amy Cassidy 3. Mailing address: Momentum Trail Concepts, PO Box 3368, Eagle CO 81632 4. Telephone: 970-390-5612 5. Members and Titles of your governing board: TBD 6. Amount of contribution requested: $15,000.00 7. Why was this not part of the normal contribution request process for 2015 budgeting (due June 30, 2014)? The organization was in the process of forming. 8. Organization fiscal year-end: N/A 9. Are your books audited? N/A 10. How will the contribution be used? To further the mission of VVTC and to complete the scope of work as described for the 2015 set of deliverables. 11. How does your request support item 1C of the contribution policy? The mission statement of VVTC aligns seamlessly and contributes to the TOV mission in two ways; 1) the work of the VVTC will enhance Vail's status as the premier mountain resort community, 2) will provide environmentally friendly amenities which support the recreational, educational, and cultural opportunities that the TOV is seeking to enhance by creating superior soft surface trails for residents, visitors, and guests. 12. Who currently funds your organization? See full accounting under "Balance Sheet" portion of application: Eagle County Government, Town of Avon, Town of Eagle, Town of Gypsum, Town of Minturn, The Community of Eagle Vail, Vail Valley Mountain Bike Association, Rocky Mountain Sports Riders, Hardscrabble Trails Coalition, Roadhouse Hospitality Group (Jon Shipp), Sonnenalp Hotel (Johannes Faessler), Elevation Resorts at Solaris (Rick Hayes), Access Real Estate of Colorado (Doug Seabury), Slifer, Smith, and Frampton. 7/7/2015 13. Organization's mission statement: Mission: To become world-renowned for our soft trail network that enables people of all physical capabilities to enjoy the outdoors. Purpose: We will accomplish our mission through a vigorous public-private partnership that will have a coordinated and countywide effort to enhance our lifestyle, bring people together and drive economic vitality in the Vail Valley by: • Increasing the number, mileage, quality and connectivity of soft trails in our network • Promoting trail stewardship by maintaining existing trails, re-routing and re -vegetating unsustainable trails and closing illegal or bandit trails • Promoting multiuse trails for hikers, fishermen, dirt bikers, mountain bikers and other trail enthusiasts • Developing a coordinated guide to and improved signage for the trails • Creating a summer recreation and tourism product that equals the Vail Valley's winter product and promoting it locally, regionally, nationally and internationally C)htnininn nn IMRA C.nlri Rina ('antPr riacinnntinn in )n1.5 7/7/2015 APPLICATION FOR TOWN OF VAIL FUNDING Balance Sheet 'Please note, the VVTC does not yet have a balance sheet as we are in the process of forming the organization. Below is a current recap of funding for 2015: Entity Request Pledged Town of Vail $15,000.00 Town of Avon $15,000.00 $15,000.00 Town of Minturn $1,000.00 $1,000.00 Town of Eagle $10,000.00 $7,500.00 Town of Gypsum $2,500.00 $2,500.00 Eagle County $25,000.00 $10,000.00 Eagle -Vail $1,000.00 $1,000.00 Singletree $1,000.00 Beaver Creek Resort Company $7,500.00 Vail Valley Mountain Bike Association $500.00 $500.00 Rocky Mountain Sports Riders $500.00 $500.00 Hardscrabble Trails Coalition $500.00 $500.00 Dionysis (Jon Shipp) $2,500.00 $2,500.00 East West Resorts (Peter Dann) $2,500.00 $2,500.00 Sonnenalp Hotel (Johannes Faessler) $2,500.00 $2,500.00 Elevation Resorts at Solaris (Rick Hayes) $2,500.00 $2,500.00 Access Real Estate of CO (Doug Seabury) $500.00 $500.00 Slifer Smith and Frampton $500.00 $2,500.00 Vail Valley Partnership $0.00 $0.00 Total: $90,500.00 $41,500.00 7/7/2015 APPLICATION FOR TOWN OF VAIL FUNDING Statement of Sources and Uses 'Please note, the VVTC is in the process of fundraising for 2015. Below is the scope envisioned that could be accomplished giving the fundraising expectations. If the fundraising objectives are not met, the scope of work will be adjusted accordingly. Below is a current recap of scope of work for 2015: Current Fiscal Year Budget TASK COST TASK COST TASK COST Project Start-up Public and Meetings Stakeholder Draft Trails Plan $4,000.00 Meetings $5,000.00 $10,000.00 Existing Conditions Draft Trails Plan Grant Writing and Field Public Open House $5,000.00 Evaluation $10,000.00 $5,000.00 Proposed Trail Data Collection Additions and Final Trails Plan $10,000.00 Connections $10,000.00 $5,000.00 Final Trails Plan Public Trail Standards Video Production Presentation to Elected Officials and $5,000.00 $5,000.00 Stakeholders $5,000.00 IMBA Ride Center Application $10,000.00 Grand Total: $89,000.00 7/7/2015 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2015 2015 Original 1st 2015 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Revenue Local Taxes: $ 24,486,000 $ 24,486,000 $ 24,486,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 62/38 62/38 62/38 Sales Tax 15,181,000 $ 15,181,000 $ 15,181,000 Property and Ownership 4,301,000 4,301,000 4,301,000 Ski Lift Tax 4,418,700 4,418,700 4,418,700 Franchise Fees, Penalties, and Other Taxes 1,158,779 1,158,779 1,158,779 Licenses & Permits 1,538,267 1,538,267 1,538,267 Intergovernmental Revenue 1,835,192 1,835,192 7,500 1,842,692 DCJ State Grant Funding for PD Investiagation listening devices Transportation Centers 4,023,264 4,023,264 4,023,264 Charges for Services 907,812 907,812 907,812 Fines & Forfeitures 263,404 263,404 263,404 Earnings on Investments 108,236 108,236 108,236 Rental Revenue 903,087 903,087 5,760 908,847 Vail Heights #7 town -owned employee rental unit Miscellaneous and Project Reimbursements 283,000 10,000 293,000 12,000 305,000 Friends of the Library grant usage(below); Police Crimes Fund use of seizure funds for drug task force activities Total Revenue 34,921,741 10,000 34,931,741 25,260 34,957,001 Expenditures Salaries 16,013,936 95,000 16,108,936 16,108,936 Benefits 5,774,964 5,774,964 5,774,964 Subtotal Compensation and Benefits 21,788,900 95,000 21,883,900 - 21,883,900 Contributions and Special Events 2,044,028 2,044,028 58,500 Eagle Air Alliance Off Cycle Contribution $25K for Oakland, CA flight; $25K 2,102,528 winter Toronto flight originally requested in 2015 budget process; $8.5K off - cycle request from VCBA All Other Operating Expenses 7,395,314 27,000 7,422,314 40,951 Vail Heights #7 assessment, updates, maintenance, and electricity $8.1 K; 7,463,265 Friends of the Library grant expenses $10K; investigation listening devices (grant above) $7.5K; Eagle County radio fees $11.5K; Use of police seizure funds $2K Heavy Equipment Operating Charges 2,365,917 2,365,917 2,365,917 Heavy Equipment Replacement Charges 592,884 592,884 592,884 Dispatch Services 630,588 630,588 - 630,588 Total Expenditures 34,817,631 122,000 34,939,631 99,451 35,039,082 Revenue Over (Under) Expenditures 104,110 (112,000)(7,890) (74,191) (82,081) Castle Peak Senior Care Facility 2015 World Alpine Ski Championships (250,000) - (250,000) (250,000) Pro -cycling event (75,000) 75,000 2015 Nation's Event (375,000) - (375,000) (375,000) Transfer to Dipatch Services Fund (22,338) (22,338) (22,338) Surplus Net of Transfers & New Programs (618,228) (37,000) (655,228) (74,191) (729,419) Beginning Fund Balance 16,689,333 2,997,890 19,687,223 19,687,223 Ending Fund Balance $ 16,071,105 $ 19,031,995 $ 18,957,804 EHOP balance included in ending fund balance - not spendable $ 690,000 $ 690,000 $ 15,382 $ 705,382 Replenishing EHOP balance for interest earned on turn -overs 7/7/2015 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2015 2015 Original 1st 2015 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Revenue Total Sales Tax Revenue: $ 24,486,000 $ 24,486,000 $ 24,486,000 Sales Tax Split between General Fund & Capital Fund 62/38 62/38 62/38 Sales Tax - Capital Projects Fund $ 9,305,000 $ 9,305,000 $ 9,305,000 Use Tax 1,800,000 1,800,000 1,800,000 Federal Grant Revenue 240,000 118,752 358,752 358,752 2014-2016: Bridges at Nugget Lane and Bridge Rd Other State Revenue 356,000 182;830 538,830 227,300 Police E -ticketing grant funded by CDOT $189.8K; State grant for electric car 766,130 charging stations $37.5K; CDOT share of funding for 1-70 Underpass study; re - appropriate $176K from prior year; $6K grant for fire equipment Lease Revenue 197,295 197,295 197,295 Per Vail Commons commercial (incr. every 5 years) and residential leases Employee Housing Fee -In -Lieu - Project Reimbursement - 40,000 40,000 40,000 2015: $40K reimbursement from ERWSD for waterline work on the Covered Bridge. TRAHC 494,466 494,466 494,466 Principal and interest on loans to Timber Ridge Fund Earnings on Investments and Other 103,654 103,654 103,654 0.7% rate assumed on available fund balance Total Revenue 12,496,415 341,582 12,837,997 227,300 13,065,297 Bus Shelters 30,000 - 30,000 30,000 Annual maintenance. Parking Structures 680,000 - 680,000 680,000 Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs. Facilities Capital Maintenance 541,760 165,000 706,760 $165K for Pitkin Creek bus stop and municipal carpet (partial replacement); General 706,760 project covers repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc), and mechanical equipment (boilers, air handlers, etc.). Donovan Park Pavilion 500,000 (430,160) 69,840 2015: to change ventilation & improve noise, which includes a protective structure on the 69,840 outside of the building; replace heating/air system and $50K furniture replacement. ' Per Council 4/7, delay the ventilation system changes until 2016. Street Light Improvements 25,000 144,953 169,953 169,953 Re -appropriated to continue new street lights and to refurbish residential lighting; Accelerated replacement approved by Council April 1st. Capital Street Maintenance 1,116,500 216,223 1,332,723 100,000 $100K Glycol Bridge Spill near covered bridge not covered by insurance;Ongoing 1,432,723 bridge rail project; delay in materials shipment. On-going maintenance to roads and bridges including asphalt overlays, patching and repairs. Covered Bridge Structural Repairs 50,000 40,000 90,000 Includes structural maintenance of bridge beams and painting in conjunction with 90,000 ERWSD waterline maintenance (hangs underneath the bridge) $40K for work done on behalf of ERWSD - see revenue reimbursement above Flood incident repairs - 105,436 105,436 105,436 Upper Columbine / Bighorn stream crossing reconstruction Fire Truck Replacement - 2,883 2,883 2,883 2014 replace pumper truck from 1999; Re -appropriate for purchase of truck equipment Audio Visual Capital Maintenance 18,000 18,000 18,000 $18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center Town -wide camera system 22,000 22,000 22,000 includes $22K per year for replacement of cameras and equipment; Document Imaging 68,000 68,000 68,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers. Includes 38K for software platform upgrade in 2015. Software Licensing 60,000 60,000 60,000 Annual renewal of software licenses Hardware Purchases 168,000 168,000 168,000 2015 replacement of three GIS printers/scanners; Two additional Simplivity Omnicube nodes in 2015 at a cost of $45K each Website and e-commerce 12,000 12,000 12,000 Internet security & application interfaces; website redevelopment; includes $550/month for web hosting svcs ArcGIS Systems - 14,000 14,000 14,000 Replacement of plotter/scanner/copier for GIS Fiber Optics in Buildings 15,000 - 15,000 15,000 Annual mainenance 7/7/2015 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2015 2015 Original 1st 2015 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Network upgrades 72,000 109,000 181,000 181,000 Requesting $109K for an expansion of wireless service to West and East Vail (TOV equipment, not Crown Castle); Replacement of switches and routers Public Safety System 50,000 - 50,000 50,000 Annual capital maintenance of "County -wide "Computer Aided Dispatch/Records Mgmt System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance Business Systems Replacement - 118,043 118,043 118,043 $58K to continue Community Development permitting software project; anticipate project completion this summer Transit Center Generator 200,000 200,000 200,000 Replacement of generator at the Vail Village transit center; includes re -landscaping and re -wiring; originally planned for 2014. Police E -Ticketing system - - - 189,800 189,800Electronic ticketing system; reduces data entry done by officers to record physical tickets; will interface with Full Court system; offset by state grant above Total Maintenance 3,428,260 685,378 4,113,638 289,800 4,403,438 Enhancement of Town Assets Vail Village Info Booth - 100,000 100,000 100,000 For final bills and work completed prior to the 2015 WASC; includes new exterior and interior cameras Guest Services Enhancements/Wayfinding 1,376,914 1,376,914 1,376,914 Contination of signage project Guest Service / Wayfinding enhancements outside of VRA district Energy Enhancements 347,944 347,944 347,944 Implementation of energy audit enhancements; includes continuation of LED lighting project with shared cost of $170K from Holy Cross. Fire Equipment - 22,153 22,153 22,153 2015: equipment purchased with proceeds from sale of fire truck ($30K revenue received in 2014) Neighborhood Road Reconstruction 450,000 25,000 475,000 475,000 $25K for design and $450K in 2015 for shared project with ERWSD on Rockledge Rd. Neighborhood Bridge Reconstruction 300,000 300,000 600,000 600,000 Reconstruction and design of bridges at Nugget Lane and Bridge Rd. Fire Breathing Apparatus - 17,862 17,862 17,862 Partial replacement of breathing apparatus equipment, funded by $6K grant listed above and sale of fire truck in 2014 East Vail Fire Department - - 150,000 150,000 Move forward 10% funds budgeted in 2016 for design, surveys, and soil testing to be performed in summer 2015 Parking Entry System / Equipment 102,653 102,653 46,500 149,153 Charging stations for electric vehicles; Replace parking system in both structures (LH parking structure system had been scheduled for replacement in 2006); Better financial reporting and potential to interface with variable message signs and other parking systems across town; Partially reimbursed by VRA ($300K). Hybrid Bus Battery Replacement 440,000 440,000 440,000 Replace 7 batteries in 2015; Estimated life of 6 years Replace Buses - 50,480 50,480 50,480 ADA van for on-call pickups and continuation of bike rack replacements Bus Camera System 350,000 - 350,000 350,000 1 Installation of software and cameras in buses Total Enhancements 1,100,000 2,783,006 3,883,006 196,500 4,079,506 New Assets Municipal Redevelopment 1,500,000 - 1,500,000 1,500,000 Planning for redevelopment of the municipal building; construction current listed on unfunded sheet Frontage Road Developments (VRA) 3,000,000 3,000,000 3,000,000 Previously in 2014; pushed to 2015; From LH Parking structure to Municipal building to complement the new LH parking structure entry; funded by VRA (see transfers below) Chamonix Housing Development 1,250,000 1,250,000 1,250,000 Infrastructure, planning and design for future housing development 1-70 Underpass (VRA) 1,000,000 660,591 1,660,591 1,660,591 $1.6M to cover total amount of contract 2014 - 2016; CDOT reimbursements will span several years, with 2015 amount showed above Lionshead Parking Structure Entry (VRA) - 273,047 273,047 273,047 Final construction bills, and to complete landscaping, lighting and artwork installation Buy -down Program 402,118 402,118 402,118 Carry forward program funding 7/7/2015 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2015 2015 Original 1st 2015 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Buy -down Program Funded by Pay -in-Lieu 900,143 900,143 900,143 Carry forward current balance of program funding: Housing funded directly by Pay -in - Lieu fees collected from developers; Includes revenue collected in 2014 ($417,665) Total New Assets: 6,750,000 2,235,899 8,985,899 8,985,899 Total Expenditures 11,278,260 5,704,283 16,982,543 486,300 17,468,843 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 4,050,000 1,299,470 5,349,470 5,349,470 1-70 underpass $1M, Frontage Rd improvements $3M; annual LH parking structure maintenance $50K; re -appropriate remaining balance in LH Parking entry and 1-70 Underpass Revenue Over (Under) Expenditures 5,268,155 (4,063,231) 1,204,924 (259,000) 945,924 Beginning Fund Balance 15,314,050 5,541,024 20,855,316 20,855,316 Ending Fund Balance 20,582,205 22,060,240 21,801,240 7/7/2015 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2015 Proposed Original 1st 2015 2nd 2015 Budget Supplemental Amended Supplemental Amended Comments Real Estate Transfer Tax $ 5,670,000 $ 5,670,000 $ 5,670,000 Golf Course Lease 134,654 134,654 134,654 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account' (accompanying expenditure listed below) I ntergoven mental Revenue 20,000 20,000 20,000 $20K Lottery fund proceeds Project Reimbursements - 938,133 938,133 938,133 Remainder of $1.165M VRD portion for Golf Course Clubhouse construction Recreation Amenity Fees 10,000 10,000 10,000 Donations - 1,000 1,000 Sole Power donation from First Bank Earnings on Investments and Other 28,595 28,595 5,000 33,595 Art Pass membership sales Total Revenue 5,863,249 938,133 6,801,382 6,000 6,807,382 Maintain Town Assets Annual Park and Landscape Maintenance 1,603,001 - 1,603,001 - 1,603,001 Ongoing path, park and open space maintenance, project mgmt Management Fee to General Fund (5%) 283,500 283,500 283,500 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 65,000 65,000 65,000 Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town -owned property at approx. $120 per tree; Initiating tree -planting program for lost trees Forest Health Management 225,000 - 225,000 225,000 Pine beetle mitigation in conjunction w/ forest service; Wildfire prevention measures Street Furniture Replacement - 250,020 250,020 250,020 Re -appropriate for new recycling ordinance trash containers received in 2015 Glen Lyon Bridge 150,000 150,000 150,000 Re -decking of recreation path bridge; structural repairs & railings; too large a project to include in annual rec path captial maintenance Alpine Garden Support 67,000 67,000 67,000 Annual operating support of the Betty Ford Alpine Gardens; assumes 2% increase per year Alpine Garden Education Center 500,000 500,000 500,000 Awarded per Council contributions; capital contribtution to newly constructed Education Center Eagle River Watershed Programs 63,240 63,240 63,240 Annual support of the Eagle River Watershed Council programs; assumes 2% increase per year Actively Green by 2015 Program 20,000 18,500 38,500 - 38,500 Council Contribution for continuation of this town -wide recycling education and certification program run by Walking Mountains; Re -appropriate 2014 unused because program spanned across years Public Art - Operating 100,248 - 100,248 100,248 Art in Public Places programming Vail Valley Trail Connection - Environmental Sustainability 321,586 - - 10,000 10,000 Off -Cycle Vail Valley Trail Connection to be used towards achieving Gold Medal Ride Center designation by International Mountain Bike Association. 219,303 540,889 1,000 541,889 Sole Power Programming donation;Re-appropriate unused recycling rebate program dollars to be used toward public education, outreach, fabric bags, etc. Environmental Sustainability programs; 2015 Includes new environmental planner position; Total Maintenance 3,398,575 487,823 3,886,398 11,000 3,897,398 Enhancement of Town Assets Rec. Path Capital Maint 103,989 20,040 124,029 124,029 Capital maintenance of the town's recreation path system. Re -appropriate $20K for preliminary planning for the relocation of the trail that runs through the LH gondola area Park / Playground Capital Maintenance 98,500 - 98,500 98,500 Annual maintenance items include projects such as playground surface refurbishing, replacing bear -proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance. Donovan Park Master Plan 379,000 5,000 384,000 384,000 2015 safety improvements to playground / park (10-11 years old); Re -appropriate $5K planning Flood Incident Repairs - 804,543 804,543 804,543 Re -appropriate for re -stabilization of Dowd Junction path Library Recreation Path Reconstruction 945,000 236,580 1,181,580 1,181,580 Reconstruction of the recreation path from the Vail Library to Lionshead, including 12 ft wide concrete trail, repairs to eroded culverts at Middle Creek and stream bank erosion repair (50 ft. section); Construction to begin in 2015. $237K to be used for design. 7/7/2015 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND 2015 Proposed Original 1st 2015 2nd 2015 Budget Supplemental Amended Supplemental Amended Comments Streambank/tract mitigation 1,000,000 1,000,000 1,000,000 Re-appropriate to complete the Gore Creek Strategic Action Plan; Includes estimates for streambank repairs (from water to bank) and riparian repairs (from bank to land area and revegetation).; mapping of water infrastructure, community education and outreach. Re- appropriate $1M and transfer remaining $600K to 2016 to accompany total project to be refined once the strategic action plan is complete. Water Quality / Storm Water 122,219 122,219 122,219 Would accompany repairs made with streambank/tract mitigation for storm water and culverts. Skate Park -Temporary 209,466 209,466 209,466 Replacement of temporary skate park; Keep in the budget until permanent skate park finalized Permanent Skate Park 150,000 150,000 150,000 Design & planning for a permanent skate park at the "Atrium" site. Ford Park Portal Improvements 250,000 250,000 250,000 TOV portion of improvements to six portals into Ford Park Vail Trail - 250,000 250,000 250,000 Placeholder for new Vail Trail near Golden Peak area Ford Park Playground / Lower Bench Impr 380,000 961,122 1,341,122 1,341,122 Public restrooms ($511 K), playground safety improvements ($449.9K), and $380K for lower bench improvements such as the waterline relocation, new pavers and ADA parking Ford Park parking lot slope re-vegetation - 100,000 100,000 100,000 Re-vegetate the slope down toward the river at the Ford Park parking lot originally scdhule in 2014 Booth Creek Playground - 372,172 372,172 - 372,172 $120K for design/engineering; remainder for potential start this fall Public Art - General program / art 85,000 359,226 444,226 5,000 449,226 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds; $5K for Art Pass program offset by revenue above Public Art - Winterfest 80,280 80,280 80,280 Carry over balance from 2014 and recognize donations made for Winterfest event. Total Enhancements 1,991,489 4,920,649 6,912,138 5,000 6,917,138 VRD-Managed Facility Projects Recreation Enhancement Account 134,654 - 134,654 - 134,654 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance Golf Course - Other Improvements 31,782 82,201 113,983 113,983 2015 golf maintenance building repairs Dobson Ice Arena 124,133 - 124,133 124,133 Renovate changing rooms and restrooms Ford Park / Tennis Center Improvements 85,031 11,899 96,930 96,930 Renovate Tennis Club Roof Athletic Fields 59,714 15,604 75,318 75,318 Renovate Restrooms Total VRD-Managed Facility Projects 435,314 109,703 545,017 545,017 New Assets Golf Clubhouse and Nordic Center (CCF) - 9,961,347 9,961,347 9,961,347 Total includes $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds thru 2014 and Conference Center funds of $3.8M (Total project cost originally estimated at $6.8M, but per Council Sept'14, approved additional $3.9M cost to project. This was originally budgeted in 2016, but moving forward to accomany the contract for work Ford Park Improvements & Fields (CCF) 625,275 625,275 625,275 Re-appropriated balance less $380K for lower bench improvements (waterline, pavers and ADA parking) to the Ford Park Lower Bench Improvements project (see above). Total New Assets: 10,586,622 10,586,622 10,586,622 Total Expenditures 5,825,378 16,104,798 21,930,176 16,000 21,946,176 Other Financing Sources (Uses) Transfer from Conference Center Fund - - 1,973,553 1,973,553 Transfer remainder of Conference Center Funds for the Golf Course Clubhouse Revenue Over (Under) Expenditures 37,871 (15,166,665) (15,128,794) 1,963,553 13,165,241) Beginning Fund Balance 3,376,676 12,603,831 16,282,049 16,282,049 Ending Fund Balance $ 3,414,547 $ 1,153,255 $ 3,116,808 7/7/2015 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 11 7/7/2015 2015 2015 1st 2nd Proposed Budget Supplemental Amended Supplemental Amended Comments Revenue E911 Board Revenue $ 797,382 $ $ 797,382 $ $ 797,382 Interagency Charges 1,099,174 1,099,174 1,099,174 Town of Vail Interagency Charge 630,588 630,588 630,588 Earnings on Investments 2,500 2,500 2,500 Other - - 10,000 10,000 IGA with Pitkin County for staffing Total Revenue 2,529,644 2,529,644 10,000 2,539,644 Expenditures Salaries & Benefits 2,039,931 2,039,931 10,000 2,049,931 IGA with Pitkin County for staffing Operating, Maintenance & Contracts 489,165 489,165 - 489,165 Capital Outlay - - - Total Expenditures 2,529,096 2,529,096 10,000 2,539,096 Revenue Over (Under) Expenditures 548 548 0 548 Other Financing Sources (Uses) Transfer to Capital Projects Fund - - Transfer from General Fund 22,338 22,338 22,338 Total Financing Sources (Uses) 22,338 22,338 22,338 Surplus Net of Transfers 22,886 22,886 22,886 Beginning Fund Balance 769,169 103,914 873,083 873,083 Ending Fund Balance $ 895,969 $ 792,055 $ 895,969 $ 11 7/7/2015 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND Revenue Earnings on Investments Total Revenue Expenditures - General Government Capital Outlay Total Expenditures Other Financing Sources (Uses) Transfer to Real Estate Transfer Tax Fund Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 2015 2015 Original 2nd Proposed Budget Supplemental Amended Comments 1,200 10,000 11,200 1,200 11,200 - 1,973,553 1,973,553 Transfer remainder for Golf Clubhouse 1,200 (1,973,553) (1,962,353) 107,772 1,854,581 1,962,353 108,972 (118,972) - 12 7/7/2015 TOWN OF VAIL 2015 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE TIMBER RIDGE ENTERPRISE FUND 13 7/7/2015 2015 2015 1st 2015 2nd Proposed Budget Supplemental Amended Supplemental Amended Revenue Rental Income $ 1,182,948 $ 1,182,948 $ 1,182,948 Ground Lease - Other Income 11,900 11,900 11,900 Total Revenue 1,194,848 - 1,194,848 - 1,194,848 Expenditures Operating, Maintenance & Contracts 589,697 589,697 589,697 Capital Outlay 100,000 572,000 672,000 (397,000) 275,000 Total Expenditures 689,697 572,000 1,261,697 (397,000) 864,697 Operating Income 505,151 (572,000) (66,849) 397,000 330,151 Non-operating Revenues (Expenses) Interest on Investments 1,560 - 1,560 - 1,560 Loan Principal Repayment to Capital Projects (351,155) - (351,155) - (351,155) Fund Interest Payment to Capital Projects Fund (138,487) - (138,487) - (138,487) Revenue Over (Under) Expenditures 17,069 (572,000) (554,931) 397,000 (157,931) Beginning Fund Balance 663,224 198,949 858,350 858,350 Ending Fund Balance $ 680,293 $ (373,051) $ 303,419 $ 397,000 $ 700,419 13 7/7/2015 ORDINANCE NO. 7 SERIES OF 2015 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, POLICE CRIMES FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE CENTER FUND, DISPATCH SERVICES FUND, AND TIMBER RIDGE ENTERPRISE FUND OF THE 2015 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2015 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 18, Series of 2014, adopting the 2015 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2015 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 97,451 Police Crimes Fund 2,000 Capital Projects Fund 486,300 Real Estate Transfer Tax Fund 16,000 Conference Center Fund 1,973,553 Dispatch Services Fund 10,000 Timber Ridge Enterprise Fund (397,000) Total $ 2,188,304 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance No. 7, Series of 2015 7/7/2015 ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of July, 2015, and a public hearing shall be held on this Ordinance on the 21st day of July, 2015, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series of 2015 7/7/2015 Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: Ordinance No. 8, Series of 2015, and 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 second reading. BACKGROUND: On June 16, 2015 the Vail Town Council held a public hearing on the first reading of Ordinance No. 8, Series of 2015. Following discussion and public comment, the Vail Town Council approved Ordinance No. 8 Series of 2015, as presented. STAFF RECOMMENDATION: The Community Development Department recommends the Vail Town Council approves Ordinance No 8, Series of 2015, as presented and read. ATTACHMENTS: Ordinance No. 8, Series of 2015 7/7/2015 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 7/7/2015 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 7/7/2015 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 7/7/2015 Tammy Nagel From: Kathryn Benysh <kbenysh@vail.net> Sent: Thursday, June 25, 2015 1:50 PM To: Council Dist List Subject: pot shops and clubs Unless and until you can definitively determine that pot shops and clubs will enhance the Vail experience and make Vail a better place to live and vacation, I urge you to ban them. I can see no benefit whatsoever to having pot shops and clubs in Vail. Kathryn Benysh 476-1490 Tammy Nagel From: Buddy & Bonnie Sims <tlsims@centurylink.net> Sent: Friday, July 3, 2015 2:24 PM To: Commissioners; Council Dist List Cc: Treu, Bryan; Lewis, John; Jennifer Ludwig; James VanBeek; Brian Dyet; Larry Wolk; Ralph Altiere; LangmackE@NJHealth.org; AllstetterW@NJHealth.org; Richard Duran; Kevin Merrill; John Walsh; Cynthia Coffman; Tom Hyatt; Kara Bettis; Simonton, Teak; Chapin, Mark; Andy Daly; Matt Mire; Suzanne Silverthorn; Patty McKenny; Mark Novak; Mike Vaughan; Info; Kelli McDonald; Wettstein, Sharee; Bob Narracci; Dwight Henninger Subject: "Let's authorize more pot shops to ruin more kids lives!" Buddy Sims, Edwards, CO Town of Vail Council & Eagle County BoCC, Ref: "Moment of truth for medical marijuana" A billionaire named George Soros was behind funding both ballot initiatives in Colorado and just about every other state in America. The fun part is for $2.5 million he helped to convince over 50% of CO voters to approve both medical and recreational marijuana. That was a very cheap price to pay for a new industry in CO probably worth over several billion dollars. I really don't remember any Eagle County grass root groups standing on corners pushing pot? And now the The Denver Post Editorial Board below has changed sides and says "Critics have long suspected that medical claims were mostly a ruse to legalize weed." and "states will want to revisit the extent of their support for it." Maybe the Board switched because what was promised to the Colorado voters never came true? It is too late for the Eagle BoCC to replace startup costs to their General Fund with more revenue from the drug dealers in Eagle County. As the facts show Eagle County only took in $87,141 in State Revenue and $50,000 in local permitting and license fees in 2014. Way back at the ECPC and BoCC meetings (recorded) on marijuana in 2013, it was stated in public that Eagle County Government would get $337,000 in tax revenues in 2014 from recreational marijuana alone. The BoCC due to poor research, poor legal advice, and a complete lack of understanding the intent of the marijuana industry approved these ruses. Drug dealers only care about cash not our kids or community public safety. In the "2015 Eagle County Budget Presentation" I find it very strange and not very reassuring that the County Government sold pot to the voters as a "growth industry" with lots of revenue projected but medical and recreational marijuana are not even mentioned on one slide of the 65 County Budget slides? Your pot program is not paying for itself and appears the taxpayers covered the expenses in 2014 and projected in 2015 per your own forecast. Using County taxpayer's General Fund money to support pot is against Federal and State Law and this account will be settled. Town of Vail Council, it is not too late for you to vote to ban having medical and recreational mariivana in Vail including smoke rooms at the July 7th Council meeting. Don't you think 3 medical and 6 recreational retail stores in the "Green Mile" in Eagle -Vail, CO will be enough to concede to the marijuana industry. Don't you also think it is strange most of these retail pot shops are not involved with our local kid's programs or non -profits as supporters. The obvious answer is the "target audience" to buy medical and recreational marijuana is our kids. Never forget that. All the smoke in the room does not conceal the fact that drug dealers want to get our kids addicted so they can be hooked the rest of their lives and then have taxpayers pay for the social and mental health costs to follow. work every year with Teen Challenge, New River, AZ, a drug rehab male adult program and this group of 60 voluntary men, all ages, say they all started on two drugs - either 10% pills from parents cabinets or 90% pot. With drug users it is all about a better high - pot is great now with 40% THC but crystal meth, crack cocaine, heroin are cheaper and a much better high than pot. Teen Challenge is a model drug rehab program in America, non-profit, no government funding, with a 93% success rate turning these lives around - success is only thru prayer, counseling, and the individual wanting to stop being used by the drug dealers in America! If the TOV Council really wants to understand the impact of pot on our kids in Colorado I suggest invite Dr. Chris Thurstone, Psychiatry Department at the University of Colorado School of Medicine, running Colorado's largest youth substance -abuse treatment clinic, to present his findings. For many years I have written and appeared in public to attempt to stop both medical and recreational marijuana in Eagle County. My final thought is how people of good moral ethics and safety concerns serving the public on the TOV Council could even consider adding more pot shops to our ski community. Pot cannot ever be compared to alcohol - alcohol is controlled and tested by the federal government. A marijuana joint is 30% to 40% THC, 90% Hash oil in edibles, seldom tested for poisonous chemicals, smoked odorless in 90% oil PENNvapes, and in 2014 THC contributed in taking the lives of three local male adults and one out of state female visitor to Eagle County. If -the TOV Council joins Eagle Town and the Eagle BoCC in supporting pot shops in Vail fully understand that it is about the revenue and not our community public safety or sending the correct message to our kids! v/r, Buddy Sims Edwards, CO MARIJUANA Moment of truth for medical marijuana By The Denver Post Editorial Board. 2 POSTED: 06?2812015 05 00,00 PM MDT UPDATED: 06/30/2015 08:36:05 AM MDT MEDICAL MARIJUANA PROPONENTS ARGUE THE RESULTS DON'T TELL THE WHOLE STORY BECAUSE OF FEDERAL BARRIERS TO LEGITIMATE RESEARCH THAT MAY BE TRUE BOTH THE STATE AND FEDS SHOULD SUPPORT AND ENCOURAGE MORE RESEARCH SO DECISIONS AROUND MEDICAL POT CAN BE. GUIDED BY HIGH-QUALITY EVIDENCE With so little scientific evidence that medical marijuana does what it is purported to do, it may be time to retire the medical model — at least in states like Colorado where marijuana can be legally purchased by any adult. A recently released comprehensive review of dozens of clinical trials on medical marijuana found scant reliable evidence to support the drug's use for all but a handful of maladies. Medical marijuana proponents argue the results don't tell the whole story because of federal barriers to legitimate research. That may be true. Both the state and feds should support and encourage more research so decisions around medical pot can be guided by high-quality evidence. Nor do we discount the sincerity of the many personal testimonials regarding medical pot across a range of conditions. Nonetheless, an editorial by Yale University physicians that accompanied the study in the Journal of the American Medical Association pointed out that states have generally approved medical marijuana use by relying on "low -quality scientific evidence, anecdotal reports, individual testimonials, legislative initiatives and public opinion." Imagine if other drugs were approved this way, said the editorial, observing that medical marijuana fails to meet the standards of the U.S. Food and Drug Administration for most conditions. Critics have long suspected that medical claims were mostly a ruse to legalize weed. If that is not the case, then medical pot should be able to prove its efficacy through the same research methods as every other medicine. This JAMA review of 79 trials involving nearly 6,500 patients concluded medical pot helped with specific pain syndromes and spasticity from multiple sclerosis. But there was poor evidence it is good for other conditions that make up most medical marijuana programs. And meanwhile, patients suffered side effects with disturbing frequency. Colorado is spending money on its own research. And the Obama administration has lifted some barriers to federal studies. However, if research continues to find pot is useless for many of the maladies for which it is used, states will want to revisit the extent of their support for it. Colorado's Amendment 20, which legalized medical marijuana in 2000, HAS several "debilitating medical conditions" — such as glaucoma — for which there is still apparently little or no good evidence of a true benefit. And while it would be extremely difficult to change the measure, that doesn't mean the possibility shouldn't be discussed. FOR IMMEDIATE RELEASE June 16, 2015 Contact: info Plearnaboutsam.org Colorado Adult Marijuana Use Now Almost Double the National Average Denver is home to the most number of marijuana stores - and leads the state with 18.5% of adults as current users (DENVER, CO) - A new statewide study funded by the Colorado Department of Public Health and Environment found that 13.6% of Colorado adults are regular users of marijuana - almost double the rate (7.4%) of the entire country, according to recent Health and Human Services studies. 1 in 5 marijuana users in the state also reported driving after using marijuana. "This study shows once again that legalization promotes marijuana use and worsens its consequences," stated SAM President Kevin Sabet. "According to state estimates of the National Survey on Drug Use and Health, adult use has risen in Colorado almost 20% since 2012 (10.4% v. 12.9%). If we are to use this new, Colorado state generated data, adult use has risen by even more than that." "Marijuana legalization and commercialization is a failed policy and this new report details the impact on many of our populations already impacted by alcohol and tobacco use," said Bob Doyle, Chair of Colorado SAM and a public health professional with more than 20 years of experience in tobacco prevention. Highlights of the survey included: • 1 in 3 users are daily users • Black adults in Colorado are using at almost 50% higher than the state average for adults; Hispanics have the lowest use rates • Low income Colorado adults are using at higher rates than the state average • Almost a third of 18-24 year olds are using marijuana • Almost a third of gay and lesbian adults are using marijuana - more than twice the state average for adults • Almost 1 in five reported driving after using marijuana "The marijuana industry is getting rich while our communities, healthcare system, employers, and families pay the costs," Doyle added. About SAM SAM is a nonpartisan, 501-c-3 organization of lawmakers, scientists and other concerned citizens who oppose marijuana legalization and want health and scientific evidence to guide marijuana policies. SAM has affiliates in 30 states. Tammy Nagel From: Marilyn Everett <meverettrdh@gmail.com> Sent: Tuesday, July 7, 2015 4:01 PM To: Council Dist List Subject: Vail's ban on marijuana Dear Town Council, I am writing to encourage you to give final approval to the ordinance to extend the town's temporary ban on retail marijuana sales in Vail. This ban should stay in place to allow more information to be gathered and extensive research should be done to study the impact marijuana sales would have in Vail. Our lodges, police department, and merchants should all be in this research. I am definitely against allowing the sale of marijuana in Vail as I feel it has had a negative impact in Aspen and Breckenridge. If a person wants to purchase marijuana, there are ample stores close by that can satisfy that purchase. We do not need it in the town of Vail! Marilyn and Kent Everett ( Long time residents in the Vail Valley) Towx of vn' 1[1 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: Ordinance No. 9, Series of 2015, First Reading, an Ordinance establishing deadlines for the circulation and filing of candidate nomination petitions for the November 3, 2015 Regular Town Election PRESENTER(S): Patty McKenny, Town Clerk ACTION REQUESTED OF COUNCIL: Town Council will consider an Ordinance which would revise nomination petition circulation dates from August to September and address the mailing and receipt of ballots from active military or overseas voters. BACKGROUND: Title 31 election law changes from the passage of HB 15-1130 revised the nomination petition circulation dates to August instead of September. This ordinance, if adopted, would set forth the original nomination petition circulation dates which were beginning on the fiftieth day prior to election day nd ending on the thirtieth day before the election (September 14 through October 2). ATTACHMENTS: 2015 Election Memorandum Ordinance No. 9, Series of 2015 7/7/2015 Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: July 1, 2015 Subject: November Election Administration — 2015 Legislative Update to Title 31, Municipal Elections In May, the Town Council decided to have a non -coordinated polling place election for the upcoming November election. Such elections are governed by Title 31 of the Colorado Revised Statutes. On May 27, 2015, the Governor signed HB 15-1130, which amended several sections of Title 31. The purpose of HB 15-1130 was to provide overseas military voters with additional time to return their ballots by mail in municipal elections. Under HB 15-1130, the timeframe for candidate nomination petitions is far earlier. The new timeline to circulate a petition begins August 4 and ends August 24 (between 91 and 71 days prior to the election). The former circulation dates were September 14 through October 2 (between 50 and 30 days prior to the election). In addition, under HB 15-1130, the Town must allow for the receipt of overseas military ballots for eight days after Election Day, so the deadline for the canvass and certification of the election has been moved to 10 days after Election Day, which is November 13 (formerly November 10). The Town Council has two options: (1) take no action, so the new August petition circulation dates would remain in place; (2) adopt an ordinance changing the petition circulation dates back to September 14 through October 2, based on the Town's authority as a home rule municipality. The ordinance option would not allow as much time for overseas military voters to return ballots. To be effective in time, Ordinance No 9, Series of 2015, is presented for first reading and will be presented again on July 21 for second reading. 7/7/2015 ORDINANCE NO. 9 SERIES 2015 AN ORDINANCE ESTABLISHING DEADLINES FOR THE CIRCULATION AND FILING OF CANDIDATE NOMINATION PETITIONS FOR THE NOVEMBER 3, 2015 REGULAR TOWN ELECTION WHEREAS, the Town's regular election is on November 3, 2015; WHEREAS, the Town Council previously determined that the regular election should be conducted as a non -coordinated polling place election; WHEREAS, non -coordinated polling place elections are generally governed by the Colorado Municipal Election Code, C.R.S. § 31-10-101, et seq.; WHEREAS, pursuant to § 2.1 of the Vail Town Charter, "Town elections shall be governed by the Colorado municipal election laws as now existing or hereafter amended or modified, except as otherwise provided by this charter, or by ordinance hereafter enacted."; WHEREAS, on May 27, 2015, House Bill 15-1130 ("HB 1130") took effect; WHEREAS, prior to the adoption of HB 1130, candidate nomination petitions could be circulated beginning on the 50th day prior to the election, and were required to be filed with the Town Clerk on or before the 30th day prior to the election; WHEREAS, HB 1130 changed the deadlines for the circulation and filing of candidate nomination petitions, so that nomination petitions can be circulated beginning on the 91St day prior to the election, and are required to be filed with the Town Clerk on or before the 71 st day prior to the election; WHEREAS, the purpose of HB 1130 was to allow additional time for active military or overseas voters to return their completed ballots to the Town; WHEREAS, the Town Council finds that the prior candidate nomination petition deadlines (50/30) are in the best interest of the Town's residents, candidates and registered voters; WHEREAS, the Town Council finds and determines that the prior deadlines (50/30) will allow sufficient time for active military or overseas voters to return their completed ballots to the Town, and will adequately ensure that such voters are able to exercise their right to vote in the Town's November 3, 2015 regular election; and WHEREAS, the Town's local election procedures are a matter of purely local concern, and the Town is expressly authorized by § 2.1 of the Vail Town Charter to adopt its own local election procedures. 1 7/2/2015 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDC13DA7181F-E79D-4C92-87D9- 8989CECA2C4EIVAILAGENDA.6626.1.2015 ELECTION-0070215.DOCX 7/7/2015 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town's November 3, 2015 regular election shall be governed by the Colorado Municipal Election Code, C.R.S. § 31-10-101, et seq., except as otherwise expressly provided in this ordinance. Section 2. Notwithstanding C.R.S. § 31-10-302(2), candidate nomination petitions for the Town's November 3, 2015 regular election may be circulated and signed beginning on the 50th day and ending on the 30th day prior to the day of election. Section 3. Notwithstanding C.R.S. § 31-10-302(6), each candidate nomination petition for the Town's November 3, 2015 regular election shall be filed with the Town Clerk no later than the 30th day prior to the day of election. Section 4. Notwithstanding C.R.S. § 31-10-102.8(2)(a), the Town Clerk shall mail a ballot and ballot materials for the Town's November 3, 2015 regular election to any person designed as an active military or overseas voter in the computerized statewide voter registration list as soon as practicable after ballot certification. Section 5. Notwithstanding C.R.S. § 31-10-303, any person who has been nominated and has accepted a nomination to be a candidate in the Town's November 3, 2015 regular election may cause his or her name to be withdrawn from such nomination at any time prior to 23 days prior to the day of election, by written affidavit. Section 6. Notwithstanding C.R.S. § 31-10-305, the Town Clerk shall decide on objections to nomination petitions for the Town's November 3, 2015 regular election no later than the 18th day prior to the day of election. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. 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 7th day of July, 2015 and a public hearing for second reading of this Ordinance set for the 21St day of July, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor 2 7/2/2015 C: IPROGRA M FILES (X86) I NEEVIA. COMI DOCCONVERTERPROI TEMPI NVDC13DA7181 F-E79D-4C92-87D9- 8989CECA2C4EIVAILAGENDA.6626.1.2015 ELECTION-0070215.DOCX 7/7/2015 ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21St day of July, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 3 7/2/2015 C: IPROGRA M FILES (X86) I NEEVIA. COMI DOCCONVERTERPROI TEMPI NVDC13DA7181 F-E79D-4C92-87D9- 8989CECA2C4EIVAILAGENDA.6626.1.2015 ELECTION-0070215.DOCX 7/7/2015 TOWN OF VAIN VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 7, 2015 ITEM/TOPIC: Adjournment (7:55 p.m.) 7/7/2015