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HomeMy WebLinkAbout2016-04-19 Agenda and Supporting Documentation Town Council Regular MeetingVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda TOWN Of VAJt' Town Council Chambers 75 South Frontage Road W., Vail, CO 81657 6:00 PM, April 19, 2016 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Proclamations 3. 2.1. Proclamation No. 3, Series of 2016 -April is Financial Literacy Month Presenter(s): Mary McDougal, Town of Vail Library Consent Agenda 3.1. 1-70 East Vail Landscape and Water Quality Improvements Background: Design phase for Water quality improvements at the east Vail interchange near the 1-70 bridges at MP 182. Partially funded with a $700,000 federal grant. 3.2. Resolution No. 16, Series of 2016, A Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy; and Setting Forth Details in Regard Thereto Background: Site access and infrastructure improvement work is underway on the Chamonix property. In order to facilitate the future residential development on the property access to utilities such as water, sewer, natural gas, and electricity is necessary. The Chamonix Utility Easement Agreement with Holy Cross Energy is necessary to accommodate the installation and completion of the electric power system on the property. 4. Town Manager Report 4.1. Annual EHU Compliance Report 4.2. Municipal Building Remodel Update 5 min. 5 min. 5 min. April 19, 2016 - Page 1 of 101 5. Presentations / Discussion 5.1. Out of District Fire Services Agreements Presenter(s): Mark Novak, Fire Chief Action Requested of Council: Input and direction Background: There are a number of properties outside the corporate limits of the Town of Vail which receive fire protection services from Vail Fire and Emergency Services. This presentation will review the current approach to cost recovery in this area and request input on possible modifications to this program. 5.2. Fire Prevention Program Update Presenter(s): Mike Vaughan, Fire Marshal Action Requested of Council: Request input. Background: Routine inspections of commercial occupancies have not been conducted for a number of years. Vail Fire is preparing to implement an inspection program which will utilize existing resources to improve public safety. 6. Action Items 30 min. 20 min. 6.1. Any Action as a Result of Executive Session 5 min. Presenter(s): Matt Mire, Town Attorney 6.2. Comprehensive Open Lands Plan and Recreational Trails in Vail 30 min Presenter(s): Gregg Barrie, Landscape Architect, and George Ruther, Director of Community Development Action Requested of Council: The town staff requests that the Vail Town Council respond to the following question(s): Should the town staff initiate a community engagement process of updating the 1994 Comprehensive Open Lands Plan? Implementing the staff recommendations will allow significant public input into the idea of improving the soft surface trail system in Vail and provide an updated document to guide future open lands planning decisions. Background: The purpose of this agenda item is to review the recreational trails in Vail and initiate a discussion on the future of the extension of trails and to present several recommendations for consideration and action associated with next steps on the Comprehensive Open Lands Plan and extension of the Vail Trail. Staff Recommendation: 1. Instruct staff to initiate an update of the Comprehensive Open Lands Plan which includes a trail and trailhead planning component. If instructed to do so, staff will return with more detail and information on the update process, including a schedule and proposed budget 2. Assemble an Open Lands Plan Update working group comprised of Vail residents, business owners and other stakeholders and potentially affected parties. 3. Complete the hazard analysis and environmental reports for the Vail Trail and the Vail Trail extension. These were intended as feasibility analysis for the project and are very near completion. This April 19, 2016 - Page 2 of 101 information would be valuable for consideration during the update process of the Plan. 6.3. Purchase Town of Vail Buses 15 min. Presenter(s): Greg Hall, Director of Public Works and Transportation, Todd Scholl, Fleet Manager Action Requested of Council: Motion to approve purchase of buses. Background: The Town of Vail Bus Replacement Plan includes funding in the 2016 budget to replace a number of transit buses as described in the memo. 6.4. Ordinance No. 6, Series of 2016, First Reading, an Ordinance 30 min. Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Unmanned Aircraft Systems (DRONES) Presenter(s): Craig Bettis, Commander, Vail Police Action Requested of Council: Approve, amend or deny Ordinance No. 6, Series of 2016 on first reading. Background: The United States Federal Aviation Administration ("FAA") has released guidance recognizing the importance of local jurisdictions in deterring, detecting, investigating and enforcing unauthorized or unsafe Unmanned Aircraft Systems (UAS") operations. The UAS, commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot. When UAS's are operated within the Town of Vail and particularly in populated areas, it presents an appreciable risk to public safety in the air and to persons and property on the ground. Staff Recommendation: Approve, amend or deny first reading of Ordinance No. 6, series of 2016. 7. Public Hearings 7.1. Ordinance No. 8, Series 2016, Second Reading, An Ordinance Making 10 min. Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Fund, Heavy Equipment Fund, and Dispatch Fund Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 8, Series 2016 on second reading. Background: This will be second reading on Ordinance No. 8 the first supplemental appropriations for the 2016 budget. Staff Recommendation: Approve or approve with amendments Ordinance No.8, Series 2016 on second reading. 7.2. Ordinance No. 7, Series of 2016, Second Reading, An Ordinance 10 min. Amending Section 11-7-15, Ski Base Area Signs, of the Vail Town Code, Regarding Ski Base Area Signs. Presenter(s): Brian Garner, Planner Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 7, Series of 2016 on second reading. Background: This ordinance would amend the text of Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to allow advertising for on -mountain recreational activities. The purpose of the amendment is to clarify and differentiate between advertising of on -mountain recreational activities and commercial uses. This ordinance will enable the applicant, Vail Resorts, to advertise summer activities that take place on the mountain such as Epic Discovery, which is a recreational activity in addition to a commercial April 19, 2016 - Page 3 of 101 enterprise. Staff Recommendation: The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 7, Series of 2016 upon second reading. 8. Adjournment 8.1. Adjournment estimated at 8:45 p.m. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by Public Access Television Channel 5 and available for public viewing as the meeting is happening. The meeting videos are also posted to Channel 5 website the week following meeting day, www.publicaccess5.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification. Please call 970-479-2356, Telecommunication devise for the deaf (TDD) for information. April 19, 2016 - Page 4 of 101 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 3, Series of 2016 -April is Financial Literacy Month PRESENTER(S): Mary McDougal, Town of Vail Library ATTACHMENTS: Description Proclamation No. 3, Series of 2016 April 19, 2016 - Page 5 of 101 TOWN OF VAIL" Proclamation No. 3, Series of 2016 April is Financial Literacy Month in the Town of Vail WHEREAS, the financial landscape in the United States has changed significantly over the past several decades, and individuals must take greater charge of their financial well-being, both during and after their working years; and, WHEREAS, a lack of financial literacy can have costly consequences for individuals and for our overall quality of life; and, WHEREAS, Vail Public Library is among an elite group of thirteen libraries in Colorado chosen to participate in Common Cents for Colorado, a financial literacy initiative funded by a grant from the American Library Association and the FINRA Investor Education Foundation; and, WHEREAS, Vail Public Library offers an array of free classes and events through the Common Cents for Colorado program, all directed towards financial literacy education for children, teenagers, working adults, and retirees; and, WHEREAS, April 2016 is National Financial Literacy Month across the United States, and Vail Public Library will continue offering financial education from now through August, 2017, including events during the month of April. NOW, THEREFORE, the Vail Town Council hereby proclaims April 2016 to be Financial Literacy Month in the Town of Vail and officially promotes the Common Cents for Colorado initiative at Vail Public Library. Dave Chapin, Mayor Attest: Patty McKenny, Town Clerk April 19, 2016 - Page 6 of 101 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 1-70 East Vail Landscape and Water Quality Improvements BACKGROUND: Design phase for Water quality improvements at the east Vail interchange near the 1-70 bridges at MP 182. Partially funded with a $700,000 federal grant. ATTACHMENTS: Description 170 East Vail Landscape and Water Quality Improvements Contract Award Memorandum April 19, 2016 - Page 7 of 101 TOWN OF Memorandum To: Town Council From: Public Works Date: 04/19/2016 Subject: 1-70 East Vail Landscape and Water Quality Improvements Contract Award BACKGROUND In 2014 the Town received a Transportation Alternative Program grant from CDOT in the amount of $700,000.00, with a Town match of $440,000, for the construction of water quality improvements along 1-70 at three locations; the East Vail interchange, underneath the 1-70 bridges at MP 182 and the lower runaway truck ramp. In February 2016, the Town advertised for a Request For Proposals for the design phase of the project to include landscape improvements at the East Vail interchange and the water quality improvements at the three sites. Proposals were received March 10, 2016 from 5 firms. RESPEC has been selected as the most qualified consultant based on the project team and experience with similar projects. RESPEC is the design team the city of Aspen hired for the design of the highly acclaimed Rio Grande Park. Construction for the East Vail projects is scheduled for 2017. II. RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with RESPEC to complete the design phase of the 1-70 East Vail Landscape and Water Quality Improvements project in the amount not to exceed $231,229.00 April 19, 2016 - Page 8 of 101 TOWN OF VAR' VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 16, Series of 2016, A Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy; and Setting Forth Details in Regard Thereto BACKGROUND: Site access and infrastructure improvement work is underway on the Chamonix property. In order to facilitate the future residential development on the property access to utilities such as water, sewer, natural gas, and electricity is necessary. The Chamonix Utility Easement Agreement with Holy Cross Energy is necessary to accommodate the installation and completion of the electric power system on the property. ATTACHMENTS: Description Resolution No. 16, Series of 2016 April 19, 2016 - Page 9 of 101 RESOLUTION NO. 16 Series of 2016 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT A UTILITY/ACCESS EASEMENT TO HOLY CROSS ENERGY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town is the owner of certain real property generally described as Parcel B, A Resubdivision of Tract D, Resubdivision of Vail Das Shone Filing 1, A Resubdivision of Parcels A&B, according to the Correction Plat thereof, situated in Section 11, Township 5 South, Range 81 West of the 6th P.M. in Vail, Colorado, (the "Chamonix Property"); WHEREAS, to accomplish the housing development on the Chamonix Property the Town desires to grant an underground right-of-way easement to Holy Cross Energy pursuant to the terms of the Holy Cross Energy Underground Right -of -Way Easement (the "Easement") in the form attached hereto as Exhibit A NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Easement 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 19th day of April, 2016. Dave Chapin Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 16, 2016 April 19, 2016 - Page 10 of 101 HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF VAIL, a Colorado municipal corporation (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor's, situate in the County of Eagle, State of Colorado, described as follows: Parcel B, A Resubdivision of Tract D, A Resubdivision of Vail Das Schone Filing No. 1, A Resubdivison of Parcels A & B, according to the Correction Plat thereof, situated in Section 1 1 , Township 5 South, Range 81 West of the 61h P.M., more particularly described at Reception Number 201109106 in the office of the Eagle County Clerk and Recorder, Eagle, Colorado. And, to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement fifteen (15) feet in width, the centerline for said easement being an underground power line as constructed, the approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad -mounted facilities within the easement described herein. It shall be the Grantor's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that they are the owners of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: All those of Record. W/0#16-21357: 51-44: Vail — Chamonix Affordable Housing, Ph1 3/28/16 16-221357,v Page 1 of 2 Revised 12/18/15 April 19, 2016 - Page 11 of 101 TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20 The individual signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that they have full power and authority to sign, execute, and deliver this instrument. STATE OF ) ss. COUNTY OF TOWN OF VAIL, a Colorado municipal corporation By: Mayor The foregoing instrument was acknowledged before me this day of 120 by as Mayor of TOWN OF VAIL, a Colorado municipal corporation . WITNESS my hand and official seal. My commission expires: Address: Notary Public W/0#16-21357: 51-44: Vail — Chamonix Affordable Housing, Ph1 3/28/16 16-221357,V Page 2 of 2 Revised 12/18/15 April 19, 2016 - Page 12 of 101 N W-0 E ` s i �v i ti / TOWN OF VAIL 40, , PROPERTY, PARCEL B I , RECEPTION NO. 201109106 I , � I ' � I � I , APPROXIMATE CENTERLINE OF 15' WIDE ' HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT (TYPICAL) ' PROPERTY LINE II ' (TYPICAL) I ' , i I , I II , y J v / Section 11 Township 05 South Range 81 West of the 6th P.M. EAGLE County Job Name: VAIL - CHAMONIX AFFORDABLE HOUSING, PH1 W/O #: 21357 Holy Cross Energy NOT TO SCALE EXHIBIT A Glenwood Springs, Colorado FACILITY LOCATIONS APPROXIMATE April 19, 2016 - Page 13 of 101 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Annual EHU Compliance Report ATTACHMENTS: Description EHU Compliance Report TOWN OF VAIP April 19, 2016 - Page 14 of 10 Memorandum To: From: Date: Subject Vail Town Council Community Development Department April 19, 2016 2015 Deed Restricted Employee Housing Compliance Status Report SUMMARY Housing staff sent over 300 notices with affidavit forms attached to deed restricted property owners in December of 2015. This was followed with certified return receipt requested letters in January of 2016 to those who hadn't yet responded. As a result only 25 of those property owners have still not yet complied with the requested affidavits. Of that 25 16 are not required to rent their units by the terms outlined in their deed restrictions, and no additional action will be taken. The nine owners who are required to rent to employees and submit affidavits, but have not are being served a summons to appear in court. BACKGROUND This is being provided as an information update item to the Town Council. There are currently 699 deed restricted employee housing units ("EHUs") in the Town of Vail (the "Town"). There are a number of versions of deed restrictions in Town. The main categories of deed restrictions are: • Units approved prior to December 31, 1992 do not require occupancy by an Employee or verification of compliance. • Units approved between January 1, 1993 and December 31, 1994 do not require occupancy by an Employee but do require annual verification of compliance by February 1 each of year. • Units approved between January 1, 1995 and April 4, 2000 require occupancy by an Employee and do require annual verification of compliance by February 1 of each year. • Units approved after April 5, 2000 require occupancy by an Employee (some allow for vacancy up to 5 months each year) and do require annual demonstration of compliance with a notarized affidavit by February 1 of each year. April 19, 2016 - Page 15 of 101 III. VERIFICATION OF COMPLIANCE The owners of all EHUs were sent a letter and an affidavit on December 15, 2015 in advance of the February 1, 2016 compliance date as a reminder to all property owners. 115 owners who failed to respond were sent certified letters with a return request requested on January 19, 2016. Of the owners receiving the certified letters 25 have yet to respond. Owners of EHUs approved prior to 1992 receive an annual request for information about the use of the EHU. There are 27 units in this group. The Town received 10 responses out of the 27 units. EHUs approved between 1993 and 1994 do not require occupancy by an Employee but the deed restriction does require annual verification of use. There are 22 units in this group. The Town received 20 responses out of the 22 units. No additional action has been taken to obtain information on the use of the outstanding two units as no occupancy by an employee is required. Of the 20 responses received, 4 units are not rented, and the remaining 16 units are occupied with one being a retired worker. EHUs approved between 1995 and early 2000 require occupancy by an Employee and are required to submit annual verification of compliance with the deed restriction. There are 168 units in this group. Eight owners in this group have yet to respond. EHUs approved since April 2000 are required occupancy by an Employee (some restrictions allow for up to five months vacancy each year) and are required to submit a notarized affidavit annually. There are 165 units in this group. One owner has yet to respond in this group. IV. NEXT STEPS There are 25 owners of EHUs that have not submitted their annual affidavits. Sixteen of those owners are not required to rent their units by the terms outlined in their deed restrictions, and no additional action will be taken. Nine owners who were sent certified return receipt requested letters requesting submittal of their affidavit by February 1 st have not returned their affidavit. Court action is commencing for those owners. The legal descriptions of the nine non-compliant properties are as follows: • Simba Run No. 2401 • Vail Commons A-2 Vail Commons B-09 • Vail Commons B-10 Town of Vail Page 2 April 19, 2016 - Page 16 of 101 • Vail Commons C-24 • Vail Commons D-9 • Vail Commons D-11 • Lodges at Timbercreek D-23 • Pitkin Creek Park Phase III - Unit 7A *Highlighted legals indicate repeat offenders from last year. Town of Vail Page 3 April 19, 2016 - Page 17 of 101 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Municipal Building Remodel Update TOWN OF VAIP April 19, 2016 - Page 18 of 10 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Out of District Fire Services Agreements PRESENTER(S): Mark Novak, Fire Chief ACTION REQUESTED OF COUNCIL: Input and direction BACKGROUND: There are a number of properties outside the corporate limits of the Town of Vail which receive fire protection services from Vail Fire and Emergency Services. This presentation will review the current approach to cost recovery in this area and request input on possible modifications to this program. ATTACHMENTS: Description Staff memo regarding fire protection agreements April 19, 2016 - Page 19 of 101 rowN ofvain Memorandum To: Town Council From: Mark Novak, Fire Chief Date: April 19, 2016 Subject: Out of District Fire Protection Agreements Background The Town of Vail (Town) currently provides fire protection to a number of properties which are outside the corporate limits of the Town. These properties are not within the boundaries of a fire protection district and the closest fire resources are those provided by the Town. In response to this situation, the practice of billing for fire protection services and offering fire protection agreements was established by Ordinance No. 19, Series of 1985. This ordinance was passed following the failed annexation of the areas outside the corporate limits of the Town. The fire protection methodology established was based upon an hourly rate for response. Alternatively, a property owner could enter into a fire protection agreement with the Town based upon a fee per square foot. Properties that had a fire protection agreement would not be charged for requests for service from the fire department. Resolution No. 14, series of 2009, changed the methodology for calculating the fee associated with fire protection agreements from a square foot basis to the current mill levy equivalent of 5.0625 mils. This resolution also amended the hourly rate for response. Current Situation Periodically letters have been sent to property owners in unincorporated areas of Vail, advising them that they were in a fee for service area and that they had the option of entering into a fire protection agreement. The last time this time this letter was sent out was during February of 2014. There are approximately 190 properties that are outside the Town corporate limits. Of these properties, a number are townhomes or other types of multi -family units with multiple ownerships. Currently there are 28 properties with fire protection contracts. Most notable of these is the Marriot Streamside, which has maintained a fire protection contract for a number of years. In 2014, Vail Fire and Emergency Services responded to 37 incidents to properties outside the corporate limits of the Town (this does not include Vail Pass, mutual aid, etc.). Of these responses, 18 were to the Marriot Streamside. There were 19 responses to other unincorporated properties, and 3 were to properties that had a fire protection agreement. Of the 16 responses to properties without fire protection agreements, the call breakdown was: cancelled prior to arrival -3, gas leak -1, fire alarm — 5, EMS — 2, and service call 5. Based upon the records available, none of the properties without fire protection agreement were billed for service in 2014. The 16 incidents on properties without a fire protection contract represent 0.85% (16/1880) of the call volume for 2014. The time commitment for each incident type can April 19, 2016 - Page 20 of 101 vary substantially. A medical aid or fire alarm activation is often resolved within 15 minutes or less, while a structure fire or gas leak could require a commitment of several hours and may require more than one fire engine. Billing for incidents occurring at properties without a fire protection agreement is based upon the following hourly rates: Fire engine: $560.00/hr. Ladder truck: $839.00/hr. Wildland fire engine: $152.00/hr. Personnel: $72.00/hr. per responder These rates were established by Resolution No. 14, series of 2009. The methodology by which these rates were established is not entirely clear. These hourly rates are not consistent with the rates that we have filed in our Colorado Resource Rate Form (CRRF), which is used for responses to wildland fires and other large emergencies. The rates listed on the CRRF reflect actual hourly costs for employees and CRRF pre -established rates for vehicles. Resolution No. 2014, series of 2009 stipulated that billing for non -participants will be by the hour with a one-hour minimum.. Based upon current staffing levels, a call that lasts one hour or less would have a minimum bill of $776.00. For incidents such as medical aid calls, the calling party could potentially also receive a bill from Eagle County Paramedic service. The base rate for an ambulance transport is $1100, plus $24/mile. There are a number of scenarios in which the per hour methodology becomes complicated. These scenarios include situations in which the request for service originates from a neighbor (e.g. chimney smoke mistaken for a fire), an incident in which the requesting party is a renter, not the property owner, and an incident in a multi -family dwelling which involves multiple units. One alternate approach, would be a scenario in which Eagle River Fire Protection District (ERFPD) would conduct and inclusion election to include these properties in the boundaries of the ERFPD. ERFPD would collect property tax (9.3920 mil) on these parcels and then transfer the revenue to the Town of Vail for providing service to this area. Based upon the current ERFPD mil levy this would generate revenue of approximately $135,000 per year. Another approach to fire protection agreements would be to implement an annual flat fee based upon property type. This potentially would increase participation and resolve some of the difficulties currently encountered in multi -family units. An example of this approach would be a scenario in which single family dwellings and duplexes would pay $500 each and each multifamily unit would pay $225. This scenario would yield annual revenue of approximately $84,000, if 50% of all units eligible properties participated. Current annual revenue from Fire Protection Agreements is approximately $50,000, with $35,000 of this representing the Marriot Streamside. This approach would significantly reduce the workload for the finance department in tracking assessed valuation and establishing the annual fee. This approach may also be easier to market to property owners as it would simplify the explanation of the fee structure. Another consideration in out of district billing is related to wildland fire cost recovery. Wildland fire incidents create a unique situation; by statute the County Sheriff has fire suppression and financial responsibilities for wildland fires occurring in unincorporated areas that are not within the boundaries of a municipality or a fire protection district. In reality, VFES would be involved in this type of incident due to our proximity and the fact that any fire in this area would be considered to be a threat to the Town. If the fire subsequently entered into the Town, there Town of Vail Page 2 April 19, 2016 - Page 21 of 101 would be a cost share agreement between the Town, the Sheriff, and possibly the Forest Service. There are many possible scenarios associated with this event; however, our ability to bill unincorporated properties would potentially be impacted by the terms of the cost share agreement. III. ACTION REQUESTED OF COUNCIL Staff is requesting direction from the Town Council regarding the following questions: 1. Provide direction to staff regarding providing service to unincorporated areas of Vail under an agreement with ERFPD subsequent to an inclusion vote? 2. Provide direction to staff regarding current fire protection agreement rate structure. 3. Provide direction to staff regarding properties that do not enter into fire protection agreements. a. Should current rate structure be amended? b. Should every response result in billing the property owner? c. What actions should be taken if a property owner did not pay their bill? Town of Vail Page 3 April 19, 2016 - Page 22 of 101 TOWN OF VAR' VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Fire Prevention Program Update PRESENTER(S): Mike Vaughan, Fire Marshal ACTION REQUESTED OF COUNCIL: Request input. BACKGROUND: Routine inspections of commercial occupancies have not been conducted for a number of years. Vail Fire is preparing to implement an inspection program which will utilize existing resources to improve public safety. ATTACHMENTS: Description Fire and Life Safety Inspection Memo April 19, 2016 - Page 23 of 101 rowN ofvain Memorandum To: Town Council From: Mike Vaughan, Fire Marshal Date: April 19, 2016 Subject: Fire and Life Safety Inspections Background Vail Fire and Emergency Services is committed to the concept that public safety is an essential component of maintaining our status as the premier international mountain resort community. When discussing the threat of fire in Vail, most think of the wildfire threat. While the wildfire threat is real, it is not hard to conceptualize how devastating a large fire in the core of either village could be to the Town of Vail and the guest experience. Vail Fire and Emergency Services (VFES) has primary responsibility for fire prevention activities in the Town of Vail. The foundation of the fire prevention program is that a proactive approach, in which emergencies are averted, is preferable to a reactive approach which is focused solely on managing emergencies. Historically, VFES had a robust fire prevention division which was staffed with four personnel until the late 1990's. These personnel were responsible for plan review, sprinkler and fire alarm inspections as well as conducting inspections of commercial and mixed use occupancies. Due to the efforts of the fire prevention staff, the Town has suffered relatively few significant fire losses. This is particularly notable due to the fact that much of the original village was built prior to modern fire codes and particularly fire sprinkler requirements. During this era, great strides were made in protecting the community from the threat of fire and in strengthening fire code requirements. Despite this success, it is acknowledged that the fire prevention program during this this era was viewed as being rigid by some members of the public. Over time, fire prevention staffing levels were decreased, which resulted in a reduction in the number and type of inspections that were conducted. Eventually inspections only occurred when associated with a building, fire alarm/sprinkler permit, or when a specific issue was identified through a complaint or during an incident. During the early 2000s it was identified that there was a need to conduct regular fire inspections. A fire inspection program that utilized fire engine crews was initiated but was not successfully implemented. April 19, 2016 - Page 24 of 101 II. Current Situation Today the fire prevention staff of VFES consists of one person, the Fire Marshal. The Fire Marshal is responsible for fire investigation, plan review and inspecting the installation of fire sprinklers and alarm systems. The Fire Marshal is also a key participant in the Design Review Team and the Event Review Committee (ERC). Another significant commitment of time is inspection of special events to insure that proper access and exiting are maintained and that fire hazards are abated. Due to this workload, the Fire Marshal is unable to conduct routine inspections of commercial occupancies such as; retail stores, restaurants, hotels and places of assembly. Currently, hazardous conditions are only identified when they are found during the course of an emergency call, when a complaint is received, or when an inspection is conducted subsequent to the modification of an existing fire protection system or the installation of a new fire protection system. III. Planned Activities Best practices for fire prevention programs are based upon a three pronged strategy: education, engineering and enforcement. Education encompasses all activities that are conducted to help members of the public understand how to prevent fires and actions to take when a fire occurs. Education is also focused on insuring that building owners and occupants understand how to interface with the fire protection systems within a building. Engineering refers to systems in the built environment which lessens the impact of a fire or provides notification of a fire. Typically this consists of fire protection systems such as alarm systems, sprinkler systems, air handlings systems, and smoke/fire partitions. Enforcement is the third component of fire prevention. Enforcement is the strategy of last resort which is used to abate hazardous conditions when efforts to gain compliance through education have not been successful. Staff has spent the past year developing a program to address the current deficiencies in the inspection program. This program will use fire engine personnel to conduct inspections. The primary focus of this program will be to take an approach that emphasizes education over enforcement. The engine crews have received training from the Fire Marshal on conducting inspections. Topics of this training included identifying hazards, an overview of common fire code violations, documentation and strategies to gain compliance through education. The inspection program will also have the value-added benefit of allowing our firefighters to become familiar with the buildings in the community. This will provide for increased efficiency and firefighter safety when emergencies do occur. During the inspection, the crew will also update our records with information such as after- hours contact information. Town of Vail Page 2 April 19, 2016 - Page 25 of 101 The inspection program has been structured with the goal of inspecting each commercial occupancy every two years. Each month a list of occupancies due for inspection will be provided to each of the three shifts. The company officer responsible for the inspection will contact the business to schedule a time for the inspection and to advise the business owner of the purpose of the inspection as well as the types of hazards that the inspection will be focused on. The inspection will be conducted using a standardized checklist. Upon completion of the inspection, the business owner will be given a copy of the inspection report. In all circumstances, the focus will be on education and gaining voluntary compliance. IV. Action Requested of Council Request input from Council Town of Vail Page 3 April 19, 2016 - Page 26 of 101 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Any Action as a Result of Executive Session PRESENTER(S): Matt Mire, Town Attorney TOWN OF VAIP April 19, 2016 - Page 27 of 101 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Comprehensive Open Lands Plan and Recreational Trails in Vail PRESENTER(S): Gregg Barrie, Landscape Architect, and George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: The town staff requests that the Vail Town Council respond to the following question(s): • Should the town staff initiate a community engagement process of updating the 1994 Comprehensive Open Lands Plan? Implementing the staff recommendations will allow significant public input into the idea of improving the soft surface trail system in Vail and provide an updated document to guide future open lands planning decisions. BACKGROUND: The purpose of this agenda item is to review the recreational trails in Vail and initiate a discussion on the future of the extension of trails and to present several recommendations for consideration and action associated with next steps on the Comprehensive Open Lands Plan and extension of the Vail Trail. STAFF RECOMMENDATION: 1. Instruct staff to initiate an update of the Comprehensive Open Lands Plan which includes a trail and trailhead planning component. If instructed to do so, staff will return with more detail and information on the update process, including a schedule and proposed budget 2. Assemble an Open Lands Plan Update working group comprised of Vail residents, business owners and other stakeholders and potentially affected parties. 3. Complete the hazard analysis and environmental reports for the Vail Trail and the Vail Trail extension. These were intended as feasibility analysis for the project and are very near completion. This information would be valuable for consideration during the update process of the Plan. ATTACHMENTS: Description Memo Vail Trails April 19, 2016 - Page 28 of 101 rowN ofvain ") Memorandum To: Vail Town Council From: Department of Public Works Community Development Department Date: April 19, 2016 Subject: Recreational Trails in Vail I. INTRODUCTION Over the past year and a half, the Vail Town Council and town staff have discussed various opportunities to improve the soft -surface trail system in Vail. These discussions have included alterations to the existing Vail Trail, an extension of the Vail Trail towards East Vail and concepts for other trail connections throughout town with a goal of connecting neighborhoods and improving access to existing trails. Earlier this year, some members of the community raised concerns that the project was moving forward without community input and that it should either be postponed or canceled. The purpose of this memorandum is to initiate discussion on the future of the project and to present a recommendation for the Council to consider. Following the presentation of the memorandum by town staff, the Vail Town Council will be asked to respond to the following question(s); Should the town staff initiate a community engagement process of updating the 1994 Comprehensive Open Lands Plan? II. BACKGROUND Non -paved or "soft surface" trails are an important amenity for residents and guests alike. They provide recreational opportunities and access to the natural environment for hikers, mountain bikers, trail runners, dog walkers, backpackers and even those out for an evening stroll. Further from town the trails are also utilized by equestrian and motorized users. The idea to improve the trail system in Vail is derived from several places. Vail's 1994 Comprehensive Open Lands Plan (COLP) lists trail improvements as the second priority identified by Vail citizens at that time, behind land acquisition. The COLP also includes a conceptual plan for trail system improvements. In addition, some residents have recently inquired if Vail would consider new trail opportunities after seeing the success of new trails in other mountain communities. April 19, 2016 - Page 29 of 101 As presented previously, the benefits to improving Vail's trail network include: 1) Providing connections between neighborhoods, existing trails and Vail Mountain trails by creating a valley -floor and neighborhood level trail system. 2) Enhance trail access, recreation opportunities and alternative transportation routes throughout town. 3) Creation of trails tailored to hikers seeking less strenuous trails as well as beginner, first- time and youth mountain bikers. 4) Alleviate congestion on the paved recreation path system by providing parallel trails and alternate soft -surface routes 5) Alleviate congestion on Wilderness Area trails by providing additional trail opportunities 6) Provide new intermediate/advanced trails with the long-term potential of a Vail "loop" or "rim" trail at higher elevations. When the idea to improve the town trail system was presented to the Town Council in 2014, it was met with interest and even enthusiasm. Staff was directed to begin evaluation of a specific trail segment to be located on the town -owned Katsos Open Space. The evaluation would determine the feasibility of such a project and provide the information required for a Planning and Environmental Commission application. The evaluation was later expanded to include the existing Vail Trail between Golden Peak and the Golf Course Clubhouse. The evaluations included a tentative trail alignment, an environmental and hazard analysis and a determination of property ownership. Work was ongoing to prepare a submittal to the Planning and Environmental Commission, which would initiate the public approval process but was put on hold in early March. III. PUBLIC INPUT A number of citizens have expressed concerns over the concept of altering or extending the existing Vail Trail. And while many reasons were cited, the most common has been the concern that there has been little public process or outreach regarding Vail Trail alterations, or on the overall concept of trail improvements. Conversely, many citizens have shown their support not just for alterations to the Vail Trail but for new trails throughout town. As the Council has seen through numerous letters, there are multiple facets to this issue. The Comprehensive Open Land Plan, which included significant public input during its development, may be a tool that allows both sides to be heard, and may also provide a path towards implementing the original COLP priority of improving the trail system in Vail. IV. COMPREHENSIVE OPEN LANDS PLAN The 1994 Comprehensive Open Lands Plan identifies parcels of land in Vail for acquisition or protection by the town. In addition, the document discusses trails as well as protection of environmentally sensitive areas and providing access to Gore Creek. The Plan's Executive Summary is attached however, staff encourages Council to review the full document, which can be accessed on the Town's website... http://www.vailgov.com/docs/dl forms/comprehensive open lands plan-1994.pdf. Town of Vail Page 2 April 19, 2016 - Page 30 of 101 A. Plan Summary Purpose of the Comprehensive Open Lands Plan... ...to identify and develop strategies for acquiring or protecting key remaining open lands in Vail that would be valuable for recreation, protecting sensitive environmental resources, extending or connecting trails, providing adequate neighborhood open space and creating a small amount of contingency land for unforeseen needs. Priorities for open space and recreation needs as identified by Vail citizens... 1) Acquisition, preservation and protection of natural open space; 2) Improvement of the trail and bike path systems in and around the Town; and 3) Creation of additional recreation opportunities in a regional context including a swimming pool, athletic fields and a recreation center. Parcels identified for acquisition were selected and prioritized per the following criteria... 1) Protect sensitive natural habitat areas, riparian areas and hazard areas; (ongoing) 2) Extend the Vail Trail to East Vail and add several trailheads to access the trail; 3) Add a new trail on the north side and western half of Town to connect existing trailheads and neighborhoods; (completed) 4) Add three "trailheads" in the core areas to access Vail Mountain trails and inform visitors of trail opportunities and provide better access to Gore Creek 5) Add bike lanes to the north and south Frontage Roads (completed) and add paved shoulders to Vail Valley Drive. B. Current Status of the Plan Over the past two decades, many of the recommendations of the Plan have been completed or have received Council direction to not move forward. Samples of completed projects include: • Construction of the North Trail • Shoulder -widening on the Frontage Roads • Public Works snow dump parcel • Hud -Wirth parcel acquisition (Chamonix Housing Site) • Middle Creek employee housing land acquisition • Trailhead improvements • Separated bike path between West Vail Interchange and Safeway/City Market As for recommended parcel acquisition, a recent review by the Department of Community Development has shown that of 52 parcels identified for action/acquisition: • 20 have been completed (39%) • 9 are nearly competed (17%) • 3 are not completed but the objective has been accomplished (6%) • 15 are incomplete, with some potential for future acquisition (29%) • 5 are incomplete with little or no potential for future acquisition (10%) Town of Vail Page 3 April 19, 2016 - Page 31 of 101 C. Future of the Open Lands Plan While much has been accomplished through the Comprehensive Open Lands Plan, there are actions still to be completed. And, as a twenty year-old document, it is likely that there are new projects and actions to be considered. New actions that could be a part of a Plan Update include: • Parcels important to Gore Creek water quality improvements • A Gore Creek Access Plan aimed at protecting sensitive habitat while still providing access to Gore Creek for residents and guests for passive recreation as well as for kayaking, rafting and inner tube launch/take-out points • Assessment of parcels identified but not yet acquired from the current Plan • Additional trails and connections to neighborhoods as well as trails constructed "in a regional context" per Priority 3 of the existing Plan • Improve wayfinding through trail signage, maps and digital means • Update of current Action Plan D. 2016 Comprehensive Open Lands Plan Update Process The 1994 Comprehensive Open Lands Plan is in need of an update. The Open Lands Plan is very much an action -oriented plan whereby specific parcels of land were identified that required some form of action for either protection of sensitive lands, for trail easements and critical trail connections, or for future public use, such as the West Vail Fire Station. In the end, the action -oriented nature of the Open Lands Plan has lead to its successful implementation. To date, nearly all of the high and medium priority actions have been accomplished. Certain actions are no longer pertinent or relevant due to changes in conditions. And lastly, new actions may be necessary as a response to changes over time and changes in priorities for the community. At the Town Council's instruction, town staff recommends updating the existing Comprehensive Open Lands Plan. If instructed to do so, staff will assess whether to perform the update work in-house or to hire a planning consultant to assist with the project depending on the scope of work to be completed. Options can be presented at a future Council meeting that will include a more detailed project schedule and budget. Town staff further recommends assembling an Open Lands Plan Update working group to assist in the development of the plan update. The role of the working group will be to assist the town staff in identifying a recommended list of the issues and questions which should be considered by the Town Council prior to taking any action of the plan update. No more than three or four working group meetings are anticipated. In total, it is expected that the process to update the plan will take approximately 6-8 months. Staffing capacity currently exists to support this planning effort. Town of Vail Page 4 April 19, 2016 - Page 32 of 101 V. STAFF RECOMMENDATION 1) Instruct staff to initiate an update of the Comprehensive Open Lands Plan which includes a trail and trailhead planning component. If instructed to do so, staff will return with more details and information on the update process, including a schedule and proposed budget. 2) Assemble an Open Lands Plan Update working group comprised of Vail residents, business owners and other stakeholders and potentially affected parties. The group will be tasked with identifying needs, developing concepts, identifying feasibility components and representing various user groups. Additionally, the working group will be charged with assembling a recommended list of issues and questions which the Town Council should address prior to taking any further action on the plan update. 3) Complete the hazard analysis and environmental reports for the Vail Trail and Vail Trail extension. These projects were intended as feasibility analysis for the project and are very near completion. This information would be valuable for consideration during the update process of the Plan. VI. ACTION REQUESTED BY COUNCIL The town staff requests that the Vail Town Council respond to the following question(s): • Should the town staff initiate a community engagement process of updating the 1994 Comprehensive Open Lands Plan? Implementing the staff recommendations will allow significant public input into the idea of improving the soft surface trail system in Vail and provide an updated document to guide future open lands planning decisions. Attachments: • Executive Summary of the 1994 Comprehensive Open Lands Plan Town of Vail Page 5 April 19, 2016 - Page 33 of 101 Town of Vail ■ EXECUTIVE SUMMARY The objectives of the Comprehensive Open Lands Plan plan are: • To identify citizen and visitor needs and preferences for a comprehensive SYSTEM of open space uses such as parks, recreation, protection of environmental resources, trails, and reserve lands for public uses; • To prioritize available open lands for acquisi- tion or protection; • To identify creative strategies to implement the acquisition and protection program; and • To define a management system to appropri- ately manage Town -owned open space lands. • To buffer neighborhoods with open space An Open Lands Committee provided direction for the project and consisted of representatives from the Vail Town Council, Planning and Environmental Commission, U.S. Forest Service, Vail Associates, Vail Recreation District, Board of Realtors, and Town Staff. The public involvement process consisted of four well -attended public meetings between August of 1993 and January of 1994. These meetings, along with a thorough review of all relevant planning and survey documents for the Town, resulted in a priority ranking of needs and uses for open space lands and recreational opportunities. This input led directly to the Comprehensive Open Lands Plan which identi- fies specific parcels and activities that should be pur- sued by the Town in order to realize the goals stated in both the public forum and previous community input on related plans. The priorities for open space and recreation needs communicated by the citizens of Vail are, in order of priority: 1. Acquisition, preservation and protection of natural open space; 2. Improvement of the trail and bike path sys- tems in and around the Town; and 3. Creation of additional recreation opportuni- ties in a regional context including a swim- ming pool, athletic fields and a recreation center. April 19, 2016 - Page 34 of 101 The concepts presented in this plan, developed as a result of this public input, describe connecting exist- ing trail systems that are either incomplete or not interconnected, adding an extensive new trail system that essentially surrounds the Town and better inter- faces with the National Forest System Lands and Vail Mountain, and protecting sensitive lands that are either along Gore Creek or part of the forest that extends into the Town. Extension of the streamwalk from the Village Core into Lionshead is desired by the community but objectionable to the adjacent property owners who fear loss of privacy and degraded views. The Comprehensive Open Lands Plan is an action - oriented plan that identifies specific parcels of land that require some kind of action for either protection of sensitive lands, for trail easements and critical trail connections or for future public use, such as a West Vail fire station. Over 350 parcels were evaluated with fifty-one parcels of land on which actions are recommended. Recommended actions range from acquisition by the Town, trade with the U.S. Forest Service, acquiring trail easements, or purchasing development rights. In many cases, several options are available on a specific parcel, allowing flexibility in negotiations for both the landowner and the Town. The objective has been to provide the Town with a menu of potential open space protection techniques at the least cost and management burden to the Town. For example, if an easement can be obtained from the landowner for a trail or to protect a site from development, generally this has been proposed as an alternative to outright acquisition. As a result, the land stays on the tax rolls and the Town is not responsible for general property management and maintenance. These "reduced rate" transactions can be beneficial for landowners since they can provide certain tax and estate planning benefits which meet a landowners financial objectives. A careful tailoring of transactions between landowners and the Town can produce mutually beneficial results. Specific criteria were developed to evaluate these rec- ommended actions in order to determine the areas of highest priority. Generally, actions received a high priority if they met the stated objectives of the Town and its' citizens and were an integral part of the open lands system. Within these fifty one parcels, there Comprehensive Open Lands Plan are five priority areas made up of a number of recom- mended actions. These priority areas, shown on the Priority Plan in Exhibit 4 are (in order of priority): 1. Protect sensitive natural habitat areas, ripari- an areas, and hazard areas; 2. Extend the Vail Trail to East Vail and add several trailheads to access the trail; 3. Add a new trail on the north side and west- ern half of Town to connect existing trail - heads and neighborhoods; 4. Add three "trailheads" in the core areas to access Vail Mountain trails and inform visi- tors of trail opportunities and provide better access to Gore Creek; 5. Add bike lanes to the north and south frontage roads (the entire length of Town) and add paved shoulders to Vail Valley Drive. For the past 13 years, the Town has had the use of tax funds generated from a Real Estate Transfer Tax (RETT) for the purchase of open lands and develop- ment and maintenance of parks and trails. This fund can and should now be better leveraged to take advantage of the opportunities of both GOCO ("Great Outdoors Colorado") and other State funding and mutually beneficial negotiations with property own- ers. The Town should now enter into a new cooperative management system with the U.S. Forest Service and Vail Associates Inc. to provide outdoor recreation and open space preservation. With adoption of this plan, there will be added management and mainte- nance requirements for the Town. The maintenance fund from the RETT Tax will need to grow in response to these new management requirements. Additionally, open space protection must go beyond zoning to ensure long-term protection. Options for this longer term protection may include requiring a public vote to change uses on open space lands or the use of a land trust to hold conservation easements on lands. ■ TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Purchase Town of Vail Buses PRESENTER(S): Greg Hall, Director of Public Works and Transportation, Todd Scholl, Fleet Manager ACTION REQUESTED OF COUNCIL: Motion to approve purchase of buses. BACKGROUND: The Town of Vail Bus Replacement Plan includes funding in the 2016 budget to replace a number of transit buses as described in the memo. ATTACHMENTS: Description Memo Purchase Buses April 19, 2016 - Page 35 of 101 TOWN OF Memorandum TO: Vail Town Council FROM: Public Works Department DATE: April 19, 2016 SUBJECT: Replace Transit Buses I. PURPOSE The purpose of this memo is to request approval from the Town Council to purchase up to 15 buses per the bus replacement plan, the TOV currently operates with 32 transit buses. II. BACKGROUND The TOV owns and operates 32 transit buses, the buses are on a 12 year replacement plan, which is consistent with FTA requirements that a transit bus be designed and operate for a minimum of 12 years. The current fleet of buses is: (2) 1998 Orion 35' buses (8) 2003 Orion 35' buses (6) 2006 Gillig 35' buses (1) 2006 Gillig Lowfloor 40' hybrid bus (7) 2008 Gillig Lowfloor 40' hybrid buses (6) 2011 Gillig Lowfloor 40' buses (2) 2012 Gillig Lowfloor 40' hybrid buses The two oldest buses are not on the replacement schedule and are used as backup buses, we will probably keep a couple of the older 2006 Gillig's as the new backup buses. Orion bus went out of business and therefore parts are harder to get and the buses will be obsolete in the near future. Replacing the older buses also has other benefits besides the obvious of having new buses for guests to ride on. The new buses have much higher emission standards, which means they don't smoke or pollute near as much as the vehicles being replaced, in fact they don't smoke at all. The buses will also be 40' long vs the 35' buses that are being replaced, which means more carrying capacity with the same number of drivers and buses on the route. The current lead time to start a bus build is 16 months from the date of order. The bus replacement plan has eight buses to be replaced in 2016 and seven buses to be replaced in 2018, one of which is a hybrid. Town of Vail Page 1 April 19, 2016 - Page 36 of 101 I would recommend that we not purchase a hybrid bus to replace the hybrid that is scheduled to be replaced. With the new emission standards and the addition $200,000+ that a hybrid would require, the benefits that we were realizing from the hybrids in 2006 & 2008 are not as substantial. III. Vendor Selection The budget for this project is $3,524.00 in 2016 and $3,561,160 in 2018. The Town is utilizing pricing based on the Colorado Mountain Purchasing Consortium (CMPC). The price of each bus, based on the CMPC contract with adjustments made to meet TOV requirements, is $421,438.00. For eight buses the total would be $3,371,504.00, if the seven buses that are budgeted in 2018 we ordered at the same time it would be an additional $2,950.066.00, for a grand total of $6,321,570 (15 buses). In the past there have been both federal and state grant funding opportunities for this procurement, however, there are none available at this time. Staff will continue to look for other funding mechanisms and opportunities. IV. ACTION REQUESTED The action requested is a "motion to accept the proposal, and purchase eight Gillig Lowfloor 40' buses that are budgeted in 2016, and purchase the seven Lowfloor 40' buses that are budgeted in 2018 in order to take delivery of those buses in 2018." Town of Vail Page 2 April 19, 2016 - Page 37 of 101 Post Office Box 3048 Hayward, CA 94540-3048 (510) 785-1540 FAX: (510) 785-6810 April 4, 2016 Todd Scholl Fleet Manager Town of Vail CO 1289 Elk Horn Drive Vail CO. 81657 I_IZ2 11.451 Thank you for your interest to purchase Fifteen (15) Gillig 40 ft. L/F Diesel buses using the Eagle County CMPC Contract 15 -LTB as the base contract. Attached you will find the variance list and price calculation sheet that would pertain to your order. Gillig is pleased to quote the following: Fifteen (15) 40 ft. Diesel @$421,438 each This price is valid for thirty (30) days and is FOB Vail CO. Prices exclude any taxes and license fees. The production of your buses will begin in 16 months from date of P.O. To maintain this production schedule we will require a firm purchase order within thirty days. We thank you for this opportunity and appreciate your interest in Gillig and our products. Should you have any questions, please do not hesitate to contact us. Sincerely, Joe Saldana Gillig Regional Sales Manager File Ann B. April 19, 2016 - Page 38 of 101 CONFIDENTIAL PRICE VARIANCE APRIL 4, 2016 VAIL, CO ON CMPC CONTRACT (15) 4U- LUVV I-LUUK t$UJ, JIV: I t$U ITEM CMPC I VAIL, CO VARIANCE ENGINE 2017 EMISSIONS & OBD BRT STYLING AUXILIARY ENGINE OIL FILTER COOLANT FILTER ENGINE FUEL FILTER STARTER AIR RESTRICTION INDICATOR ENGINE BLOCK HEATER RADIATOR E -COAT RAD/CAC, HYD COOLER RADIATOR TANK GUARD ALTERNATOR ENGINE OIL EXTRACTOR PORT TRANSMISSION RETARDER (6 -POSITION MANUAL SWITCH) TRANS OIL EXTRACTOR PORT AXLE HUB SEALS MAGNETIC REAR AXLE PLUG WHEEL MOUNTING HUBODOMETER AUTO TRACTION CONTROL WHEELS TIRES TIRE PRESSURE MONITOR SYSTEM VIP 3 -SPOKE STEERING WHEEL ELECTRIC STEERING ASSIST FUEL FILL DIESEL FUEL GAUGE AMBER LIGHT INSIDE DEF ACCESS DOOR (IF TANK AT 50%) ENGINE OIL & TEMP GAUGES REAR RUN BOX GAUGES REAR HAND THROTTLE KINGSTON AUTO DRAIN EXTENDED REAR TOW EYE ELECTRICAL TOW CONNECTION BATTERY JUMP START CONN RIDE HEIGHT PROXIMITY SWITCH BATTERIES WHEELCHAIR RAMP 2013 ISL 280 HP NOTINCLUDED FRONT AND REAR CAPS SPINNER II STANDARD FLEETGUARD STANDARD FLEETGUARD DELCO 42MT DONALDSON INFORMER NOTINCLUDED MODINE E -FAN INCLUDED NOTINCLUDED NIEHOFF C803 NOTINCLUDED ALLISON B40OR INCLUDED NOTINCLUDED REAR:GREASE INCLUDED HUB PILOTED NOTINCLUDED INCLUDED STEEL POWDER COAT (7) MICHELIN INCLUDED NOTINCLUDED NOTINCLUDED 1) EMCO WHEATON INCLUDED NOTINCLUDED ELECTRIC ENGINE OIL PRESSURE & COOLANT TEMP NOTINCLUDED NOTINCLUDED NOTINCLUDED NOTINCLUDED (2) INCLUDED NOTINCLUDED (2) DEKA GROUP 31 LIFT -U LU18 PAGE 1 OF 3 2013 ISL 280 HP REQUIRED NOT REQUIRED KLEENOIL KU -16 STANDARD FLEETGUARD STANDARD FLEETGUARD DELCO 42MT DONALDSON INFORMER REQUIRED EMP REQUIRED NOT REQUIRED EMP P450 REQUIRED ALLISON B40OR NOT REQUIRED NOT REQUIRED FRONT: C/R OIL REAR: C/R OIL INCLUDED HUB PILOTED VEEDER ROOT REQUIRED STEEL POWDER COAT (7) MICHELIN NOT REQUIRED REQUIRED NOT REQUIRED (1) GRAVITY FILL REQUIRED REQUIRED ELECTRIC ENGINE OIL PRESSURE 8 COOLANT TEMP & HOUR METER REQUIRED NOT REQUIRED NOT REQUIRED NOT REQUIRED (1) REQUIRED REQUIRED DEKA GROUP 31 LIFT -U LU18 $5,000.00 13,333.00) $0.00 $0.00 $0.00 $0.00 $0.00 $121.00 $2,930.00 $0.00 $0.00 $0.00 $44.00 $0.00 $0.00 $0.00 $0.00 ,72.00 $0.00 $0.00 921.00) $73.00 $0.00 273.00) $0.00 $50.00 $0.00 $50.00 $144.00 $0.00 $0.00 $0.00 ($85.00) $279.00 $4,134.00 $0.00 April 19, 2016 - Page 39 of 101 CONFIDENTIAL ITEM WHEELCHAIR RAMP SKID PLATES @ A POST (CS/SS) HVAC MOTORS (TK) HVAC COMPRESSOR (TK) REFRIGERANT REFRIGERANT PRESSURE DISPLAY FRESH AIR MAKE-UP DRIVERS HEATER MOTORS AUXILIARY COOLANT HEATER FRONT STEP HEATER EXIT DOOR HEATER UNDERSEAT HEATER AUX DRIVERS FAN REAR DOOR REAR DOOR STOP REQUEST SWITCH ELECTRICAL EQUIPMENT BOX CURBSIDE STORAGE BOX INTERIOR AD FRAME EXTERIOR AD FRAME DRIVERS SEAT PRICE VARIANCE APRIL 4, 2016 VAIL, CO ON CMPC CONTRACT 10) 4U- LUVV r-LUUK t$UJ, JIV: I t$U CMPC I VAIL, CO VARIANCE NOTINCLUDED BRUSHLESS X430 R134A INCLUDED INCLUDED BRUSHLESS SPHEROS THERMO 300HA INCLUDED INCLUDED INCLUDED (2) INCLUDED CONTROL) INCLUDED 44" HIGH NOTINCLUDED NOTINCLUDED NOTINCLUDED RECARO ERGO METRO NOT REQUIRED BRUSHLESS S391 R134A NOT REQUIRED NOT REQUIRED BRUSHLESS PRO HEAT M80 REQUIRED REQUIRED (LONGITUDINAL MOUNTED) NOT REQUIRED (2) REQUIRED CONTROL) NOT REQUIRED 33" HIGH 21"X8"X14.5' NOT REQUIRED NOT REQUIRED RECARO ERGO METRO HEATED $0.00 $0.00 $750.00 $0.00 $285.00) $156.00) $0.00 $111.00 $0.00 $0.00 25.00) $0.00 $2,601.00 $125.00) $470.00 $0.00 $0.00 $231.001 PASSENGER SEATS AMSECO N2003/6466 (23) PASSENGER ($5,075.00) RAISED REAR SEAT PLATFORM INCLUDED NOT REQUIRED ($2,116.00) PASSENGER SIGNALS PULL CORDS PULL CORDS $0.00 DRIVERS BARRIER STANCHIONS SCHEDULE RACKS NYLON GRAB STRAPS PASSENGER WINDOWS HEADLAMPS REAR YIELD SIGN TURN SIGNALS (W/ SSTL BRUSH GAURDS) INTERIOR LAMPS PLEASURE RADIO & ANTENNA DRIVERS SPEAKER 12V POWER PORT 2 -WAY RADIO & ANTENNA BOOM MIC HAND MIC VOICE ANNUNCIATOR / ITS SYS DESTINATION SIGNS DASH MTD FRONT RUN SIGN HEATED FRONT SIGN GLAZING FAREBOX SCHEDULE SLOTS POWDER COATED OBIC T 12P 1 L -ASPEN NOTINCLUDED DURA BONDED/TRANSOM LED HIGH / LOW INCLUDED NOTINCLUDED PRETORIA W/READING AM/FM/CD/MP3/USB/SD INCLUDED NOTINCLUDED APX SERIES INCLUDED NOTINCLUDED CLEVER DEVICES LUMINATOR AMBER (F,CS) NOTINCLUDED INCLUDED GFI ODYSSEY SCHEDULE SLOTS SSTL NOT REQUIRED (20) REQUIRED STD FRAME W/TRANSOM LED HIGH / LOW REQ REQUIRED 1/0 W/READING AM/FM/CD/MP3/USB/SD (2) REQUIRED REQUIRED NOT REQUIRED NOT REQUIRED REQUIRED NOT REQUIRED LUMINATOR AMBER (F,CS) NOT REQUIRED REQUIRED NOT REQUIRED $0.00 $400.00 ?,447.00) $0.00 $0.00 105. $60.00 ,110.00 000.001 $65.001 $0.00 $0.00 $0.00 15,881.00) PAGE 2OF3 April 19, 2016 - Page 40 of 101 CONFIDENTIAL PRICE VARIANCE APRIL 4, 2016 VAIL, CO ON CMPC CONTRACT (15) 40' LOW FLOOR BUS, SN: TBD ITEM CMPC VAIL, CO VARIANCE FAREBOX STANCHION & DRIVER STEP NOT INCLUDED REQUIRED $187.00 CEILING MTD FAREBOX LAMP INCLUDED NOT REQUIRED ($75.00) TRANSFER CUTTER NOT INCLUDED NOT REQUIRED $0.00 PASSENGER COUNTER NOT INCLUDED NOT REQUIRED $0.00 FLOORING MATERIAL ALTRO RCA ($400.00) FRONT SS WHEELWELL VERTICLE STANCHION NOT INCLUDED REQUIRED $76.00 ROOF HATCHES (2) MANUAL (2) MANUAL $0.00 EXTERIOR MIRRORS 10X11 2 -PC REMOTE, HEATED 10X11 1 -PC REMOTE, HEATED $105.00 AUX ITS MODULE NOT INCLUDED NOT REQUIRED $0.00 FIRE SUPPRESSION SYSTEM AMEREX V25 NOT REQUIRED ($1,800.00) VIDEO SURVEILLANCE SYSTEM UTC (BID SPEC) UTC (8) CAMERA SYS W/O NVR ($1,466.00) BIKE RACK FRONT: SPOTWORKS DI -2 SSTL NOT REQUIRED ($880.00) BIKE RACK MOUNTING BRACKETS NOT INCLUDED REQUIRED $131.00 BIKE RACK DEPLOYED LAMP NOT INCLUDED NOT REQUIRED $0.00 MEDICAL AID KIT INCLUDED REQUIRED $0.00 BIO -HAZARD KIT INCLUDED NOT REQUIRED ($35.00) BLOODBORN PATHOGEN KIT NOT INCLUDED REQUIRED $35.00 DRIVERS DASH GAUGES NOT INCLUDED ENGINE OIL PRESSURE/ COOLANT TEMP/ (24V) VOLTMETER $150.00 ADJUSTABLE PEDALS INCLUDED REQUIRED $0.00 BIG GULP CUP HOLDER NOT INCLUDED REQUIRED $35.00 EXTERIOR PAINT / GRAPHICS 4 -COLOR 3 -COLOR ($941.00) CUMMINS EXT WARRANTY 2 YEAR/UNLIMITED MILES 5 YEAR/300,000 MILES $5,693.00 EXT WARRANTY (CORROSION) 12 YEARS / 500,000 MILES 7 YEARS / 350,000 MILES ($1,000.00) TRAINING NOT INCLUDED NOT REQUIRED $0.00 TOTAL VAIL, CO VARIANCES CMPC 40' LOW FLOOR BASE UNIT PRICE (9-15-15) DELIVERY VAIL, CO 40' LOW FLOOR ADJUSTED PRICE SPARE /TOOLING BUDGET VAIL, CO 40' LOW FLOOR CURRENT PRICE (4/4/2016) ($58,592.00) $475,857.00 INCL $417,265.00 $4,173.00 $421,438.00 CONFIDENTIAL This pricing information is intended only for the personal and confidential use of the recipient(s) to whom it was originally sent. If you are not an intended recipient of this information or an agent responsible for delivering it to an intended recipient, you are hereby notified that you have received this information in error, and that any review, dissemination, distribution, or copying of this message is strictly prohibited. PAGE 3OF3 April 19, 2016 - Page 41 of 101 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 6, Series of 2016, First Reading, an Ordinance Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Unmanned Aircraft Systems (DRONES) PRESENTER(S): Craig Bettis, Commander, Vail Police ACTION REQUESTED OF COUNCIL: Approve, amend or deny Ordinance No. 6, Series of 2016 on first reading. BACKGROUND: The United States Federal Aviation Administration ("FAA") has released guidance recognizing the importance of local jurisdictions in deterring, detecting, investigating and enforcing unauthorized or unsafe Unmanned Aircraft Systems (UAS") operations. The UAS, commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot. When UAS's are operated within the Town of Vail and particularly in populated areas, it presents an appreciable risk to public safety in the air and to persons and property on the ground. STAFF RECOMMENDATION: Approve, amend or deny first reading of Ordinance No. 6, series of 2016. ATTACHMENTS: Description Ordinance No. 6, Series of 2016 April 19, 2016 - Page 42 of 101 ORDINANCE NO. 6 SERIES 2016 AN ORDINANCE AMENDING TITLE 5 OF THE VAIL TOWN CODE BY THE ADDITION THERETO OF A NEW CHAPTER 15 CONCERNING THE REGULATION OF UNMANNED AIRCRAFT SYSTEMS (DRONES) WHEREAS, Unmanned Aircraft Systems ("UAS"), commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot; WHEREAS, there has been considerable increase in the use and popularity of UAS by a variety of users and for a variety of recreational and other purposes; WHEREAS, the Town Council finds that UAS, when operated within the Town and particularly in populated areas, present an appreciable risk to public safety in the air and to persons and property on the ground; WHEREAS, the United States Federal Aviation Administration ("FAA") has released guidance recognizing the importance of local jurisdictions in deterring, detecting, investigating and enforcing unauthorized or unsafe UAS operations; and WHEREAS, the Town Council, pursuant to its authority to protect and secure the public health, safety and welfare of its citizens, desires to enact regulations for the use and operation of UAS in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of a new Chapter 15 to read as follows: Chapter 15 UNMANNED AIRCRAFT SYSTEMS 5-15-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: UNMANNED AIRCRAFT SYSTEM (UAS) means an aircraft, powered aerial vehicle, or other device without a human pilot aboard, the flight of which is controlled either autonomously by onboard computers or by the remote control of a pilot operator on the ground or in another vehicle or aircraft, and all associated equipment and apparatus. FAA means the United States Department of Transportation, Federal Aviation Administration. Ordinance No. 6, Series of 2016 April 19, 2016 - Page 43 of 101 OPERATE means to use, fly, launch, land, employ, control or engage the functionality of UAS in any manner. TOWN AIRSPACE includes all airspace above the territorial boundaries of the Town, to the full extent such airspace can legally be regulated by the Town. 5-15-2: COMMERCIAL OR BUSINESS USE PROHIBITED: It is unlawful to operate UAS for any commercial or business purpose within the Town or Town Airspace without current proof of all necessary FAA aircraft and operator authorizations, certifications and registration as required by federal law or FAA regulation. As used herein, commercial or business purpose means any use that is not solely for a hobby or recreational purpose. 5-15-3: REQUIREMENTS FOR UAS: It is unlawful for any person to operate UAS for a hobby or recreational purpose within the Town or Town Airspace, except in conformance with the following: A. UAS shall be flown below a maximum altitude of four hundred (400) feet above the ground. B. UAS shall weigh no more than fifty-five (55) pounds at the time of operation, inclusive of equipment, payload and fuel. C. UAS shall be flown within the visual line of sight of the individual person operating the UAS. Visual line of sight means the UAS must be visible at all times to the operator of the UAS, the operator must use his or her own natural vision to observe the UAS, and persons other than the operator may not be used in lieu of the operator for maintaining visual line of sight. The operator's own natural vision may include vision corrected by standard eyeglasses or contact lenses. D. UAS shall not be operated over any person not directly involved in the operation. UAS shall not be flown near pedestrians, bicyclists, motorists, roadways, parking lots, playgrounds, stadiums, sporting events, festivals or other open air assembly of persons, or areas or special events subject to an FAA notice of temporary flight restriction. E. UAS shall remain clear of and not interfere with manned aircraft operations or other UAS. F. UAS shall not be flown within five (5) miles of an airport or heliport, unless the operator has contacted the airport or heliport control tower or flight service station before flying. Ordinance No. 6, Series of 2016 April 19, 2016 - Page 44 of 101 G. UAS shall be operated during daylight hours only. H. UAS shall not be operated from a moving vehicle or other aircraft. I. UAS shall be operated with proof of valid registration in the national drone registry, as required by federal law or FAA regulation. 5-15-4: RECKLESS OR CARELESS OPERATION: It is unlawful to operate UAS in a reckless or careless manner so as to endanger the health, safety or well-being of persons or property. A person shall not operate UAS if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of UAS, or if he or she knows or has reason to know that UAS equipment is not in proper working order. In addition to the penalty set forth in Section 5-14-7, UAS that is operated in a careless or reckless manner may be immediately impounded in the interest of public safety. 5-15-5: TOWN PROPERTY: A. UAS may be operated from upon or above property owned, operated, leased or maintained by the Town only with the express written authorization of the Town. The Town shall require the operator to indemnify and hold harmless the Town, its employees and agents for all liability claims arising out of the event. The operator shall have an insurance policy currently in effect with general liability coverage of not less than the maximum limit established by the Colorado Governmental Immunity Act, Title 24, Article 10, C.R.S., as amended, and must name the Town as an additional insured on the policy. B. By determination of the Town Manager, the Town may allow the operation of UAS from within or above any Town park or open space area and may designate such area or areas within Town parks and open space where the operation of UAS is allowed subject to the requirements of this Chapter and posted park regulations. 5-15-6: USE BY LAW ENFORCEMENT/EMERGENCY SERVICES: Nothing in this Chapter is intended to prohibit the use of UAS for lawful purposes and in a lawful manner by any law enforcement agency of the Town or other local, state or federal government, or emergency services personnel. 5-15-7: VIOLATION AND PENALTY: It is unlawful to violate any provision of this Chapter. A person who is convicted of a violation of any provision of this Chapter shall be punished as provided in Section 1-4-1 of this Code. Ordinance No. 6, Series of 2016 April 19, 2016 - Page 45 of 101 Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. Retroactivity. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. Repeal. 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 19th day of April, 2016 and a public hearing for second reading of this Ordinance is set for the day of , 2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 6, Series of 2016 April 19, 2016 - Page 46 of 101 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 8, Series 2016, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Fund, Heavy Equipment Fund, and Dispatch Fund PRESENTER(S): Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 8, Series 2016 on second reading. BACKGROUND: This will be second reading on Ordinance No. 8 the first supplemental appropriations for the 2016 budget. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No.8, Series 2016 on second reading. ATTACHMENTS: Description Memo Supplemental Budget Ordinance No. 8 April 19, 2016 - Page 47 of 101 TOWN OF VAIL .1-0 Memorandum TO: Vail Town Council FROM: Finance Department DATE: April 19, 2016 SUBJECT: 2016 Supplemental Appropriation On Tuesday evening you will be asked to approve Ordinance 8, first supplemental appropriation of 2016 upon second reading. Changes from first reading The following items reflect information requested by Council or updates since first reading: General Fund In response to Council's inquiries about the Town of Vail's 50th Anniversary Celebration, staff has provided more information in the attached memo. Total budget currently included in the supplemental is $25,000. Capital Projects Fund Budgeted revenue has been increased by $77,000 for a state grant received as partial reimbursement for the Police E -ticketing project. Expenditures for the Police E -ticketing are already included in the budget. Real Estate Transfer Tax Fund Budgeted revenue has been increased by $31,000. This includes $25,000 of revenue from Eagle County recycling reimbursement for the Zero Hero program and $6,000 collection of bag fees at grocery stores. These revenue increases will be directly offset by corresponding environmental program expenditures for the Zero Hero Waste Program ($25K) and Hazardous Waste Collection Day ($6K). Both expenditures were approved by council during the first reading of the budget supplemental. The following recycling program expenditures have been removed from the supplemental request: • $20,000 for summer/fall recycling educational campaign rollout • $7,500 to reinstate residential and commercial recycling rebates April 19, 2016 - Page 48 of 101 Staff will come back in May with an update on recycling programs based on council direction. At that time additional funding may be requested. Staff is proposing to utilize $540,000 of savings for Ford Park enhancements projects as approved by council during the first reading of the supplemental. The memo provided during the first reading is attached for reference. The following projects are currently included in the budget: • $260,000 to enhance the Ford Park Entry Portals design • $97,000 for a lighting control system • $35,000 to replace the existing wood transformer enclosure at Ford Amphitheater • $48,000 to install a manual traffic gate on South Frontage Road to facilitate parking lot control • $100,000 contingency -2- April 19, 2016 - Page 49 of 101 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND (Unaudited) 2016 2016 2015 2015 Variance Original 1st Proposed Amended Actual Fav I (Unfav) Budget Supplemental Amended Comments Revenue Local Taxes: $ 24,486,000 $ 25,141,932 $ 655,932 $ 25,588,000 $ 25,588,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 62/38 60/40 62/38 Sales Tax $ 15,181,000 $ 15,181,000 $ - $ 15,865,000 $ 15,865,000 Property and Ownership 4,301,000 4,389,241 88,241 4,913,000 4,913,000 Ski Lift Tax 4,418,700 4,763,956 345,256 4,728,000 4,728,000 Franchise Fees, Penalties, and Other Taxes 1,158,779 1,108,465 50,314 1,181,159 1,181,159 Licenses & Permits 1,538,267 2,074,584 536,317 1,594,254 1,594,254 Intergovernmental Revenue 1,949,654 2,123,087 173,433 1,882,916 1,882,916 Transportation Centers 4,023,264 4,948,993 925,729 4,225,000 4,225,000 Charges for Services 933,812 1,023,933 90,121 1,001,236 1,001,236 Fines & Forfeitures 263,404 262,021 (1,383) 250,942 250,942 Earnings on Investments 108,236 114,386 6,150 160,000 160,000 Rental Revenue 908,847 1,073,014 164,167 990,556 990,556 Miscellaneous and Project Reimbursements 308,879 243,852 65,027 182,000 182,000 Total Revenue 35,093,842 37,306,532 2,212,690 36,974,063 36,974,063 Expenditures Salaries 16,265,603 15,392,109 873,494 16,890,516 16,890,516 Benefits 5,797,131 5,172,130 625,001 6,236,674 6,236,674 Subtotal Compensation and Benefits 22,062,734 20,564,239 1,498,495 23,127,190 - 23,127,190 Contributions and Special Events 2,111,264 2,022,891 88,373 2,270,994 121,700 2,392,694 Closing weekend concert $100K; Vail Film Festival virtual experience $16,700; Restaurant Week promotions $5,000 All Other Operating Expenses 7,412,594 6,577,922 834,672 7,773,781 74,331 7,848,112 $25K for Town of Vail 50th Anniversary Celebration; $23K Sister City visits (2 visits);Guest parking survey 9K; Vail Village Inn Phase 5 special assessment $7,831; Participation in Rocky Mountain Climate Organization $5,000; Libra grant programs $4,500 Heavy Equipment Operating Charges 2,413,617 2,337,993 75,624 2,221,467 2,221,467 Heavy Equipment Replacement Charges 592,884 584,576 8,308 618,120 618,120 Dispatch Services 630,588 630,588 - 663,214 663,214 Total Expenditures 35,223,681 32,718,209 2,505,472 36,674,766 196,031 36,870,797 4,588,323 4,718,162 Castle Peak Senior Care Facility (50,000) (50,000) 2015 World Alpine Ski Championships (250,000) (250,000) 2015 Nation's Event (375,000) (375,000) Transfer to Dipatch Services Fund (22,338) (22,338) - - Surplus Net of Transfers & New Programs (777,177) 3,940,985 4,718,162 249,297 (196,031) 53,266 Beginning Fund Balance 19,687,223 19,687,223 18,910,046 4,718,162 23,628,208 Ending Fund Balance $ 18,910,046 $ 23,628,208 $ 19,159,343 $ 23,681,474 EHOP balance included in ending fund balance - not spendable $ 705,382 $ 705,382 $ 705,382 $ 705,382 April 19, 2016 - Page 50 of 101 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND (Unaudited) 2016 2015 2015 Variance Original 1st 2016 Amended Actual Fav /(Unfav) Budget Supplemental Amended Comments Revenue Total Sales Tax Revenue: $ 24,486,000 $ 25,141,932 $ 655,932 $ 25,588,000 $ 25,588,000 2016 4.5% incr from 2015 amended Sales Tax Split between General Fund & 62/38 60/40 62/38 62/38 Capital Fund Sales Tax - Capital Projects Fund $ 9,305,000 $ 10,403,929 $ 1,098,929 $ 9,723,000 $ 9,723,000 38% to CPF Use Tax 1,800,000 2,220,168 420,168 1,545,000 1,545,000 2016 down from 2015;no new major developments assumed Federal Grant Revenue 358,752 - (358,752) 544,800 544,800 2015-2016: Bridges at Nugget Lane and Bridge Rd $77K State grant received for partial reimbursement of the Police E -Ticketing Other State Revenue 766,130 451,276 (314,854) - 123,603 123,603 project; $46.6K Colorado Division of Fire Prevention grant to be used towards a compressor; 2015: CDOT share of funding for 1-70 Underpass Study Lease Revenue 197,295 197,295 - 197,295 197,295 Per Vail Commons commercial (incr. every 5 years) and residential leases Employee Housing Fee -In -Lieu - 1,916,087 1,916,087 - - VVMC construction 2015: $40K reimbursement from ERWSD for waterline work on the Covered Bridge; Project Reimbursement 92,697 140,252 47,555 - 230,000 230,000 $33,293 Holy Cross grant for Snowberry utility project, $230,000 revenue recognition for underground utility project TRAHC 494,466 494,466 - 461,065 461,065 Principal and interest on loans to Timber Ridge Fund Earnings on Investments and Other 104,704 163,534 58,830 149,281 149,281 0.7% rate assumed on available fund balance Total Revenue 13,119,044 15,987,005 2,867,961 12,620,441 353,603 12,974,044 Bus Shelters 30,000 3,848 26,152 30,000 20,000 50,000 Annual maintenance. Use of 2015 savings for parking gate cameras(16K) and upper deck street light poles Parking Structures 680,000 355,925 324,075 675,000 28,000 703,000 and fixtures (12K) budgeted in 2015 ; 2015: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs. Traffic Impact Fee and Transportation Master - - 150,000 150,000 Update of Traffic Impact Fees: $130K; Transportation Master Plan: $20K Plan Updates Fire Station 2 (Main Vail) ventilation($22K); General project covers repairs to town Facilities Capital Maintenance 706,760 638,582 68,178 319,125 22,000 341,125 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 69,840 531 69,309 5,000 5,000 $5K annual maintenance Street Light Improvements 169,953 20,761 149,191 50,000 149,192 199,192 Continuation street lights improvements and to refurbish residential lighting Capital Street Maintenance 1,432,723 1,431,864 860 1,290,000 1,290,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; Cost increases based on recent pricing West Forest Bridge Repair - - 350,000 350,000 Major Bridge Repair Projects based on bi-annual bridge inspection Kinnickinnick (West) Bridge Repair - - 350,000 350,000 Major Bridge Repair Projects based on bi-annual bridge inspection Includes structural maintenance of bridge beams and painting in conjunction with Covered Bridge Structural Repairs 90,000 110,600 (20,600) - - 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 - Upper Columbine / Bighorn stream crossing reconstruction Fire Truck Replacement 2,883 414 2,469 2014 replace pumper truck from 1999 Audio Visual Capital Maintenance 18,000 16,005 1,995 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 21,630 370 22,000 22,000 $22K per year for replacement of cameras and equipment; Document Imaging 68,000 60,267 7,733 30,000 30,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers. Includes $38K for software platform upgrade in 2015. Software Licensing 60,000 56,287 3,714 51,000 51,000 Annual renewal of software licenses Police Taser Replacement - - 31,849 31,849 To replace outdated equipment purchased in 2007 Automated External Defibrillator - 9,870 9,870 Currently only a few police cars have this equipment; This request would outfit all police cars Requesting printer specific to the "Salamander' software shared with regional agencies; Public Safety ID Card Printer 8,740 8,740 would allow easy tracking of all resources on large events or incidents with the badges & barcodes printed April 19, 2016 - Page 51 of 101 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND (Unaudited) 2016 2015 2015 Variance Original 1st 2016 Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments Police Body Worn Cameras - - - 69,585 69,585 For the purchase of 20 cameras for sworn officers, software licenses ($23.7K) plus server hardware ($15K) for the purposes of storing data Hardware Purchases 168,000 166,747 1,253 150,000 150,000 2015 replacement of three GIS printers/scanners; Two additional Simplivity Omnicube nodes in 2015 and 2016 at a cost of $45K each Data Center (Computer Rooms) - - - 1,000,000 1,000,000 Remodel / Retrofit upper and lower computer rooms ( power, heating / cooling, fire suppression ). Possible relocation into a combined room Website and e-commerce 12,000 2,400 9,600 12,000 12,000 Internet security & application interfaces; website redevelopment; includes $550/month for web hosting svcs ArcGIS Systems 15,050 15,806 (756) - - Replacement of plotter/scanner/copier for GIS Fiber Optics in Buildings 55,000 54,416 584 15,000 15,000 Annual maintenance $15K; Network upgrades 181,000 150,855 30,145 30,000 30,000 Computer network systems replacements cycle every 3-5 years; 2015 included $109K for an expansion of wireless service to West and East Vail (TOV equipment, not Crown Castle); Replacement of switches and routers Phone Sytem Upgrade 19,404 42,461 (23,057) - - VRD portion of phone system upgrade expenses with corresponding revenue reimbursement Public Safety System 50,000 43,979 6,021 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 73,964 44,079 - 44,079 44,079 Completion of Community Development permitting software project; Finished in 2016 Transit Center Generator 200,000 8,800 191,200 191,200 191,200 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 38,776 151,024 - 151,024 151,024 Continuation of electronic ticketing system to be completed in 2016; reduces data entry done by officers to record physical tickets; will interface with Full Court system; offset by state grant above Generator for East Vail Fire Station - - - 50,000 50,000 To replace outdated generator at Station 1 Portable vehicle lift 55,000 55,000 To service vehicles in fleet Vehicle Expansion - - - 145,000 145,000 2016: 4 flatbed pick up trucks for Streets crews, Electricians, Irrigation crew, and Wild land Fire; Class 8 Dump Total Maintenance 4,463,892 3,420,354 1,043,538 4,967,169 605,495 5,572,664 Enhancement of Town Assets Vail Village Info Booth 100,000 64,030 35,970 - - For final bills and work completed prior to the 2015 WASC; includes new exterior and interior cameras Guest Services Enhancements/Wayfinding 1,376,914 299,290 1,077,624 1,077,624 1,077,624 Continuation of signage project Guest Service / Wayfinding enhancements outside of VRA district Energy Enhancements 347,944 255,044 92,900 92,900 92,900 Re -appropriate to complete Implementation of energy audit enhancements; includes continuation of LED lighting project with shared cost of $170K from Holy Cross. Fire Equipment 22,153 21,890 263 16,000 16,000 2015: equipment purchased with proceeds from sale offire truck; 2016: fire hose replacement Neighborhood Road Reconstruction 475,000 395,994 79,006 - 79,006 79,006 Continuation of shared project with ERWSD on Rockledge Rd; Neighborhood Bridge Reconstruction 600,000 96,588 503,412 503,412 503,412 Nugget Lane and Bridge design in 2015-2016 and construction in 2017-2018. Partial Funding is from Federal grants Fire Breathing Apparatus 17,862 17,797 65 - 46,603 46,603 Purchase of breathing apparatus equipment, funded fully by grant listed above. Colorado Ski Museum - 500,000 500,000 Proposed town contribution toward expansion and remodel of Colorado Ski Museum East Vail Fire Department 150,000 30,870 119,130 1,500,000 119,130 1,619,130 Continuation of renovation design of East Vail fire station budgeted in 2015; 2016: Generator is most urgent issue; Duty quarters have sewage/drainage problems; Residential quarters need improvements but not currently rented out April 19, 2016 - Page 52 of 101 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND (Unaudited) 2016 2015 2015 Variance Original 1st 2016 Amended Actual Fav /(Unfav) Budget Supplemental Amended Comments Parking Entry System / Equipment 149,153 156,377 (7,224) - 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 8,228 431,772 - 431,772 431,772 Replace 7 batteries originally budgeted in 2015; Estimated fife of 6 years Replace Buses 50,480 47,714 2,766 3,524,000 3,524,000 2015:ADA van for on-call pickups and continuation of bike rack replacements; 2016: 8 buses scheduled for replacement ($440.5K per bus); Bus Wash Equipment - - 250,000 250,000 Interior equipment needs replacement; Buzzard Park Window Replacement - 175,000 175,000 Replace windows at town -owned employee housing Public Works Equipment Wash Down/WQ Improvements 250,000 250,000 Exterior wash area for large trucks not safe in the winter; request also includes improvement to how the waste water is disposed of Resort App - - - - 65,000 65,000 TOV "Resort App" mobile application Bus Camera System 350,000 295,642 54,358 54,358 54,358 Continuation of Installation of software and cameras in buses Total Enhancements 4,079,506 1,689,464 6,215,000 2,469,805 8,684,805 New Assets Municipal Redevelopment 1,500,000 24,230 1,475,770 5,000,000 1,475,770 6,475,770 Planning money shifted to 2015/2016; 2016 is a placeholder for a significant remodel should a complete reconstruction not occur. This cost is an estimate only, actual cost will depend on the scope of the project. Chamonix Housing Development 2,000,000 204,987 1,795,013 - 1,795,013 1,795,013 Infrastructure, planning and design for future housing development 1-70 Underpass (VRA) 1,660,591 1,228,154 432,437 3,250,000 432,437 3,682,437 Re -appropriate 2015 unused for continuation of 1-70 underpass $1.6M to cover total amount of contract 2014 - 2016; CDOT reimbursements will span several years, with 2016 amount showed above East LH Circle pathway to Dobson (VRA) - - - 100,000 100,000 Improve connection from the E LionsHead bus stop to Dobson; Per Council 9/16/14 push out one year pending Evergreen/VVMC projects; planning/design in 2016 Dobson Plaza (VRA) - - - 100,000 100,000 Redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts); planning/design in 2016; Per Council 9/16/14 push out one year pending Ever reen/VVMC projects Lionshead Parking Structure Entry (VRA) 273,047 83,339 189,708 - - 2015 Final construction bills, and to complete landscaping, lighting and artwork installation Buy -down Program 402,118 200,471 201,647 201,647 201,647 Carryforward program funding Buy -down Program Funded by Pay -in-Lieu 900,143 - 900,143 2,816,230 2,816,230 Carry forward current balance of program funding: Housing funded directly by Pay -in - Lieu fees collected from developers; Includes revenue collected in 2015 ($1,916,087) Underground Utility improvements 33,293 33,293 - 230,000 230,000 Underground utility improvements for Rockledge Road, $50K; 1-70 Underpass (CDOT $105 & Holy Cross $75K) Total New Assets: 6,769,192 1,774,474 4,994,718 8,450,000 6,951,097 15,401,097 Total Expenditures 15,312,590 6,884,292 6,038,256 19,632,169 10,026,397 29,658,566 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 2,268,922 1,384,023 (884,899) 3,500,000 432,437 3,932,437 1-70 underpass, Frontage Rd improvements; East LH and Dobson Plaza improvements; annual LH parking structure maintenance $50K Transfer to RETT 3,900,000 3,900,000 Transfer to RETT for Golf Clubhouse project no longer necessary Revenue Over (Under) Expenditures 75,376 10,486,735 10,411,359 (7,411,728) (5,340,357) (12,752,085) Beginning Fund Balance 20,855,316 20,855,316 20,930,692 10,411,359 31,342,052 Ending Fund Balance 20,930,692 31,342,052 13,518,964 18,589,967 April 19, 2016 - Page 53 of 101 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND Intergovernmental Revenue Project Reimbursements 20,000 25,445 5,445 961,323 1,213,803 252,480 20,000 8,500 1,153,198 Recreation Amenity Fees 10,000 (Unaudited) 13,105 2016 Donations 1,000 2015 2015 Variance Original 1st 107,398 Amended Actual Fav / (Unfav) Budget Supplem Real Estate Transfer Tax $ 6,190,000 $ 6,965,617 $ 775,617 $ 6,500,000 Golf Course Lease 134,654 130,202 (4,452) 137,347 Intergovernmental Revenue Project Reimbursements 20,000 25,445 5,445 961,323 1,213,803 252,480 20,000 8,500 1,153,198 Recreation Amenity Fees 10,000 23,105 13,105 10,000 Donations 1,000 4,500 3,500 - Earnings on Investments and Other 33,595 107,398 73,803 28,861 Total Revenue 7,350,572 8,470,070 1,119,498 6,696,208 Maintain Town Assets Annual Park and Landscape Maintenance 1,603,001 1,353,813 249,188 1,586,600 Management Fee to General Fund (5%) 309,500 358,984 (49,484) 325,000 Tree Maintenance 65,000 55,122 9,878 65,000 Forest Health Management 225,000 198,913 26,087 258,738 Street Furniture Replacement 250,020 222,987 27,033 50,000 Glen Lyon Bridge 150,000 - 150,000 - Rec. Path Capital Maint 124,029 117,158 6,871 104,000 Park / Playground Capital Maintenance 98,500 93,719 4,781 100,200 Alpine Garden Support 67,000 67,000 - 69,010 Alpine Garden Education Center 500,000 500,000 - - Eagle River Watershed Programs 63,240 39,980 23,260 45,000 Actively Green by 2015 Program 38,500 38,500 - 40,000 Public Art - Operating 105,248 89,023 16,225 104,132 Vail Valley Trail Connection 10,000 10,000 - - Environmental Sustainability 565,079 398,866 166,213 385,500 161 2016 Amended Comments $ 6,500,000 Increase based on recent activity; 5% increase in 2016 137,347 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) 28,500 $51K grant from Plan4Health and $3.51K grant for Public Works intern ; $20K Lottery fund proceeds $25K Reimbursement from Eagle County for E -Waste and recycling hauling rebate to be offset by Zero Hero waste program expenditures; 6K bag free 1,153,198 revenue recognition to be offset by Hazardous Waste Collection Day expenditures; Vail Valley Foundation repayment of loan taken for Amphitheater project repayment originally due in 2018; 2015: Remainder of $1.15M VRD portion for Golf Course Clubhouse construction 10.000 7 361 10.7% rate assumed 18,500 1,605,100 $151K for weed program in coordination with US Forest Service; $3.51K for intern using grant funding; Ongoing path, park and open space maintenance, project mgmt. 325,000 5% of RETT Collections - fee remitted to the General Fund for administration Regular maintenance for tree health within the town (spraying, removing, new trees); 65,000 scale spraying on town -owned property at approx. $120 per tree; Initiating tree -planting program for lost trees $63,700 for Phase I of Intermountain Fuels Reduction Project- See attached memo; 63,700 322,438 Pine beetle mitigation in conjunction w/ forest service; Wildfire prevention measures; 2016 added $5K for public education, $4K replacement of two radios, and an increase in summer crew to 6 (from 5) Re -appropriate for new recycling ordinance trash containers received in 2016 but 27,033 77,033 budgeted in 2015; also includes annual replacement or capital repairs, benches and bike racks Re -appropriate re -decking of recreation path bridge originally scheduled in 2015; - - structural repairs & railings; too large a project to include in annual rec path capital maintenance 104,000 Capital maintenance of the town's recreation path system. Annual maintenance items include projects such as playground surface refurbishing, 4,781 104,981 replacing bear -proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance. 69,010 Annual operating support of the Betty Ford Alpine Gardens; assumes 2% increase per year Awarded per Council contributions; capital contributions to newly constructed Education Center 23,260 68,260 Annual support of the Eagle River Watershed Council programs; assumes 2% increase per year 40,000 Council Contribution for continuation of this town -wide recycling education and certification program run by Walking Mountains; 104,132 Art in Public Places programming Off -Cycle Vail Valley Trail Connection to be used towards achieving Gold Medal Ride Center designation by International Mountain Bike Association. $10K for recycling containers signage using 2015 savings, $25K for Zero Hero waste program (see corresponding revenue from Eagle Country), $61K for 4 426,500 Hazardous Waste Collection Day(See corresponding reimbursement from bag fee collections; for public education and recycling programs;; 2016 includes $64K for Global Sustainable Destination certification initial year; 7 April 19, 2016 - Page 54 of 101 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND (Unaudited) 2016 Proposed 2015 2015 Variance Original 1st 2016 Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments Total Maintenance 4,174,117 3,544,064 630,053 3,133,180 178,274 3,311,454 Enhancement of Town Assets Chalet Road Sport Courts 12,600 2,370 10,230 1,050,000 (2,370) 1,047,630 Construction of Sport Courts on Chalet Road; Previously used 2016 budget to supplement 2015, so deduction of $12.6K offset by savings of $10K. Total project budget $1.05M Donovan Park Improvements 384,000 8,339 375,661 - 375,661 375,661 Continuation of 2015 safety improvements to playground / park (10-11 years old); Ford Park Landscape Enhancement 200,000 200,000 Ford Park landscaping improvements (in current areas - no net increase to size) Flood Incident Repairs 804,543 407,086 397,457 - 397,457 397,457 Re -appropriate for re -stabilization of Dowd Junction path Library Recreation Path Reconstruction 1,181,580 906,598 274,982 10,000 10,000 Re -appropriate to complete 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. Streambank/tract mitigation 1,000,000 219,439 780,561 - 780,561 780,561 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 $780,561. Water Quality / Storm Water 122,219 121,795 424 1,000,000 1,000,000 2016 accompany repairs made with stream bank/tract mitigation for storm water and culverts East Vail Water Quality TAPS - - 50,000 50,000 East Vail Water Quality Improvements East Vail Interchange Improvements - - - 50,000 50,000 2016 Landscaping design. Construction of the interchange in 2019: $1,089,760; Permanent Skate Park (VRA) 1,668,278 1,373,614 294,664 294,664 294,664 Re -appropriate to complete permanent skate park construction for LH Parking Structure "Atrium" site. Ford Park Portal Improvements 250,000 - 250,000 510,000 510,000 224,452 F 224,452 $260K utilization of 2015 savings from Ford Park Improvements Project to enhance portal design; $250K re -appropriation TOV portion of improvements to six portals into Ford Park; matching contribution from VVF; originally scheduled in 2014. Vail Trail 250,000 25,548 224,452 Placeholder for new Vail Trail near Golden Peak area Ford Park Playground / Lower Bench Impr 1,411,122 1,368,076 43,046 - Re -appropriate to complete improvements Ford Park playground and lower bench improvements; 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 78,255 21,745 - - Re -vegetate the slope down toward the river at the Ford Park parking Booth Creek Playground 372,172 18,852 353,320 2,068,880 353,320 2,422,200 Redevelopment of entire park including tennis courts, covered areas and playground structures; Tennis court ($262K) and playground ($385K) originally budgeted in 2014 will occur when overall park is reconstructed. Silfer Plaza/ Fountain/Storm Sewer 150,000 150,000 Repairs to Silfer Plaza fountain and storm sewers Public Art - General program / art 444,226 19,286 424,940 85,000 426,229 511,229 To purchase sculptures, artwork, art programs and events; remainder is re - appropriated each year to accumulate enough funds; $51K for Art Pass program offset by revenue above Public Art - Winterfest 80,280 40,943 39,337 - 42,837 42,837 Carry over balance from 2015 ($39K) and recognize donations made for Winterfest event ($3,500). Total Enhancements 8,081,020 4,590,202 3,490,819 4,653,880 3,412,811 VRD-Managed Facility Projects Recreation Enhancement Account 134,654 - 134,654 137,347 (137,347) - Re -appropriate REA funds from 2015 $(134,654) to be used in 2016. Use 2015 and 2016 REA funds toward Golf Clubhouse; Annual rent paid by Vail Recreation District; to be re -invested in asset maintenance; Golf Course - Other Improvements 113,983 13,200 100,783 551,822 551,822 Re -appropriate 2015 budget to Golf course clubhouse; 2016 golf maintenance building repairs; Dobson Ice Arena 124,133 4,254 119,879 33,602 20,487 54,089 Pavers and concrete slab replacement; repair stucco concrete columns in main entry Ford Park / Tennis Center Improvements 96,930 - 96,930 5,445 52,800 58,245 Renovate Tennis Club Roof Athletic Fields 75,318 75,318 - 21,250 21,250 Roof replacement for restrooms and athletic field April 19, 2016 - Page 55 of 101 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX FUND (Unaudited) 2016 Proposed 2015 2015 Variance Original 1st 2016 Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments Gymnastics Center 40,800 40,800 Cooling system Replacement Nature Center - - - 69,754 69,754 Replace exterior windows, doors, wood siding and slope roof Total VRD-Managed Facility Projects 545,017 17,454 527,563 838,770 (42,810) New Assets Golf Clubhouse and Nordic Center (CCF) 9,961,347 2,102,225 7,859,122 3,900,000 4,610,363 8,510,363 - 392,190 - 2016: Re -appropriate to complete Golf course clubhouse ($7,859,122), use of 2015 and 2016 REA funds ($272,001), use of re -appropriation of 2015 Golf course- other improvements ($100,783), and increase budget for additional costs to complete clubhouse ($278,457); Total includes $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds $765,440, Conference Center funds of $3.8M, current RETT funds of $538,189 (Total project cost estimated at $13.8M, which includes previously spent RETT funds of $705,571 from 2012 & 2013) Ford Park Improvements & Fields (CCF) 625,275 52,878 572,397 Utilization of 2015 cost savings for a lighting control system(97K), transformer enclosure replacement(35K), a manual traffic gate(48K), and 100K contingency; Continuation of 2015 Ford Park projects in 2016 ($112K) Total New Assets: 10,586,622 2,155,1!!L 8,431,519 3,900,000 5,002,553 8,510,363 Total Expenditures 23,386,777 10,306,823 13,079,954 12,525,830 8,550,828 11,821,817 Other Financing Sources (Uses) Transfer to Capital Project Fund 3,900,000 (3,900,000) - Transfer from Capital Projects Fund for Golf Clubhouse project no longer necessary Transfer from Vail Reinvestment Authority 1,668,278 1,373,614 (294,664) For permanent skate park in Lionshead Transfer from Conference Center Fund 1,973,553 1,972,243 (1,310) Transfer remainder of Conference Center Funds for the Golf Course Clubhouse Revenue Over (Under) Expenditures (12,394,374) 1,509,103 12,783,980 (1,929,622) (3,963,911) Beginning Fund Balance 16,282,049 16,282,049 3,887,675 12,783,980 17,791,152 Ending Fund Balance $ 3,887,675 $ 17,791,152 $ 1,958,053 $ 13,827,241 April 19, 2016 - Page 56 of 101 Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments Equipment Sales and Trade-ins Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND (unaudited) 2016 2016 2015 2015 Variance Original 1st Proposed Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments $ 3,011,352 $ 3,009,550 $ (1,802) $ 2,931,767 $ 2,931,767 - 30,771 30,771 - - 14,650 9,368 (5,282) 14,650 14,650 148,270 263,687 115,417 104,910 104,910 3,174,272 3,313,376 139,104 3,051,327 - 3,051,327 994,189 978,291 15,898 1,027,669 1,467,757 1,222,135 245,622 1,274,331 1,027,669 1,274,331 1,255,654 1,177,209 821,400 31,500 Plow Equipment budgeted in 2015 but purchased 78,445 852,900 in 2016 3,717,600 3,377,635 339,965 3,123,400 31,500 3,154,900 Revenue Over (Under) Expenditures (543,328) (64,259) 479,069 (72,073) (31,500) (103,573) Beginning Fund Balance 2,194,674 2,194,674 1,651,346 479,069 2,130,415 Ending Fund Balance $ 1,651,346 $ 2,130,415 $ 1,579,273 $ 2,026,842 10 April 19, 2016 - Page 57 of 101 TOWN OF VAIL 2016 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 11 April 19, 2016 - Page 58 of 101 (unaudited) 2016 2016 2015 2015 Variance Original 1st Proposed Amended Actual Fav / (Unfav) Budget Supplemental Amended Comments Revenue E911 Board Revenue $ 797,382 $ 797,382 $ - $ 742,627 $ 742,627 Interagency Charges 1,099,174 1,098,628 (546) 1,175,653 1,175,653 Town of Vail Interagency Charge 630,588 630,588 - 663,214 663,214 Earnings on Investments 2,500 2,500 6,275 6,275 Other 10,000 392 (9,608) - - Total Revenue 2,539,644 2,529,491 (10,153) 2,587,769 - 2,587,769 Expenditures Salaries & Benefits 2,049,931 2,013,937 35,994 2,081,259 2,081,259 NENA Award money received in 2015 Operating, Maintenance & Contracts 489,165 461,165 28,000 513,358 1,000 514,358 voted by Dispatch to be used to remodel kitchen in 2016. Total Expenditures 2,539,096 2,475,102 63,994 2,594,617 1,000 2,595,617 Revenue Over (Under) Expenditures 548 54,389 53,841 (6,848) (1,000) (7,848) Other Financing Sources (Uses) Transfer from General Fund 22,338 22,338 - Total Financing Sources (Uses) 22,338 22,338 - Surplus Net of Transfers 22,886 76,727 53,841 (6,848) (1,000) (7,848) Beginning Fund Balance 873,083 873,083 895,969 53,841 949,810 Ending Fund Balance $ 895,969 $ 949,810 $ 889,121 $ 941,962 11 April 19, 2016 - Page 58 of 101 rowN ofvain ") Memorandum To: Town Council From: Suzanne Silverthorn, Communications Director Date: April 19, 2016 Subject: Planning Details, Re: Celebrating 50 Years as a Community I. BACKGROUND On August 23, 1966, 62 local property owners voted to incorporate as a statutory town, and thus, the Town of Vail was born. To recognize and honor Vail's role as a bone fide community, a modest celebration is planned to commemorate the municipality's 50th year and the many contributions made by current and former elected officials, board members, employees and residents — as well as looking ahead to the next 50 years. The celebration will be held on Tuesday, August 23, 2016, and will be used to further the Town Council goals of Community and Experience. A cross -departmental planning group has been meeting to refine the activities described in the update below. II. CELEBRATING 50 YEARS AS A COMMUNITY Program Elements — Building up to Community Celebration on August 23 • Civics involvement component with students from Red Sandstone Elementary and Vail Mountain School • Vail America Days Parade entry with Town Council participation — SAVE THE DATE — August 23rd • SAVE THE DATE invitations to past and present Town Council members, Town Managers, Board members, etc. • SAVE THE DATE postcard mailed to community members with list of free and discounted services offered by the town • Build-up activities at Bighorn Park and Donovan Park community picnics, tentatively scheduled for July 19 and August 16 • Adoption and introduction of new Town of Vail seal • "50 Years as a Community" exhibit in Vail Public Library Community Room • Announcement of Vail Public Library oral history project; recognition of Vail History Quilt • Permanent recognition of 20+ year employees — "Wall of Fame" • Production of employee recruitment video by Channel 5 or ECO -TV • Banners hung on Municipal Building, other town buildings • Decals on TOV vehicles • Commemorative pins worn by town employees, board members, etc. • Installation of new plaque for Mayors' Park April 19, 2016 - Page 59 of 101 • Mayor's Proclamation recognizing 50 years of incorporation • Town Council -hosted "meet and greet" w/ dignitaries • Community Celebration on August 23, 2016 • Employee appreciation picnic • Police Department Reunion Weekend, September 9-11, 2016 Community Celebration - August 23 at Ford Park • Takes place at the Gerald R. Ford Amphitheater just prior to the start of the Hot Summer Nights concert. There would be recognition of former and current elected officials, former and current employees, business community representatives, and school representatives as well as citizens of Vail, all who have taken a dynamic role in helping Vail become what it is today, North America's Premier International Mountain Resort Community! The program would reflect on the "then, now and the future," a community that has transcended over the past 50 years and how local government impacts everyone's life every day! As proposed, the evening would be held in the covered Lobby of the GRFA with an opportunity for attendees to visit with local Vail leaders. Music would be provided by local schools, food and beverage would be provided by the venue, and there would be limited quantities of Town of Vail commemorative giveaway items. Following the ceremony, the Hot Summer Nights concert would take place, as scheduled. ALIGNMENT WITH COUNCIL ACTION PLAN The "Celebrating 50 Years as a Community" activities will further the Town Council's Community and Experience goals as follows: • Community Goals o Civic engagement o Educational enrichment with Red Sandstone Elementary School Experience Goals o Recognition of excellent municipal services o Celebration of the "Vail Way" of doing things IV. BUDGET ALLOCATION Staff is requesting authorization to direct up to $25,000 for the commemoration celebration via the supplemental 2016 budget as follows: Community Celebration School civic project awards $ 1,000 Library exhibit (mounting of photos, etc.) $ 2,000 Commemorative giveaway items $ 6,500 Recognition of dignitaries $ 6,000 Food and beverage $ 2,500 Employee Recognition $ 1,000 Communications & Marketing $ 6,000 Town of Vail Page 2 April 19, 2016 - Page 60 of 101 rowN ofvain ") Memorandum TO: Vail Town Council FROM: Department of Public Works, AIPP Board DATE: April 5, 2016 SUBJECT: Ford Park Update and Budget Request I. PURPOSE The purpose of this memo is to provide Town Council with an update on Ford Park projects and a cost update on various project requests. Staff is requesting to utilize savings from the original project scope toward enhanced projects as detailed below. Any project enhancements approved by Council will be included in the second reading of the supplemental budget ordinance. The following narrative outlines the project requests and budget implications. II. BACKGROUND Improvements to Ford Park were started in 2012 and have included the following items: • East Betty Ford Way • Water, sanitary sewer, electrical service, and storm sewer/water quality systems • Upper Bench restrooms and concessions • Enhanced pedestrian circulation • Reconstructed and expanded ball fields • Parking lot and bus lane • Gerald R. Ford Amphitheater restrooms, lawn terrace and social courtyard with Ford Family Tribute • Central Betty Ford Way • Lower Bench restrooms and playground improvements • Betty Ford Alpine Gardens Education Center To date, from the Conference Center and Real Estate Transfer Tax Funds, the Town has invested over $12M in the improvements to Ford Park for town sponsored projects and an additional $2.1 M and $500K for Vail Valley Foundation and Betty Ford Alpine Gardens sponsored projects. These two groups have invested many millions of additional dollars in the facilities they manage and operate within the park. These improvements have had a dramatic and much appreciated positive impact to Ford Park. April 19, 2016 - Page 61 of 101 III. CURRENT PROJECT BUDGETS The following is an update on budgets for the Ford Park projects: 2015 RETT Ford Park Projects Ford Park Upper Bench Project Remaining Budget and savings $572,400 Ford Park Parking Lot Savings $ 21,745 Ford Park Lower Bench Improvement Savings 43,045 Total Savings from 2015 $637,190 Amount allocated to complete 2015 project commitments in 2016 ($112,190) Net 2015 Savings $540,000 Re -appropriation is included in the first reading of the supplemental to complete 2015 project commitments in 2016: • Replacement of remaining old style pedestrian light fixtures at the walk between the Nature Center Bridge and Vail Valley Drive with current style pedestrian fixture. Budget is for installation only as light fixtures, poles and bases are on -hand. $20,000 • Additional bike racks at Sport Central area to replace existing bicycle racks, which conflict with pedestrian traffic, with new racks installed outside of pedestrian paths. $15,000 • Wayfinding sign package for Ford Park as replacement of wayfinding which existed throughout the park prior to the Ford Park improvement projects. $50,000 • Completion of the East Betty Ford traffic gate which has a two -fold purpose to limit the amount of traffic entering the lower bench and allow ADA parking access to the lower bench during non-event times. $15,000 • Design costs incurred with regard to various project elements. $12,190 Total amount requested for re -appropriation: $112,190 IV. PROPOSED NEW PROJECTS AND ENHANCEMENTS The 2016 budget currently includes a total of $450,000 for Ford Park projects such as Landscape Enhancements ($200K) and Portal Entry Project ($250K). Staff is requesting that Council consider additional enhancements and/or new projects identified below for potential inclusion in the second reading of the budget supplemental ordinance. Project Descriptions: Ford Park Portals o During the master planning phase of Ford Park in 2012, it was determined that significant identity markers are needed at the various entry points to the park. At that time a budget of $1 M was allocated for this project and it was to be implemented through Art in Public Places. Since late 2012 in order to balance the first phase of Ford Park construction, the project budget was reduced to a placeholder budget of $250,000. For the last year, the AIPP Board and staff have been working with Andy Dufford/Chevo Studios to examine the best direction for the project and to create a thoughtful program incorporating artful entry sculptures for Ford Park. The placeholder budget does not adequately cover the cost to complete the project. F April 19, 2016 - Page 62 of 101 o An additional $260,000 is requested to enhance the portals based on recommendations by the AIPP Board for the design concept (imagery attached). With the town's reinvestment in the athletic, cultural, and educational quality of the park, the entry markers will serve to identify the various entry points to the park as well as add to the rich legacy within the park at its edges. Recommended for funding • Lighting Controls o Installation of lighting control system to program pedestrian and parking lot lights to operate at lower light levels at preset intervals. This system was bid as an add - alternate bid item with Phases 1 and 1 B but not funded with either of those phases. $97,000 Recommended for funding • Reconstruction of electrical transformer enclosure at GRFA o Replacement of existing, outdated wood enclosure around electrical transformer near the new Gerald R. Ford Amphitheater social courtyard. $35,000 Recommended for funding • Frontage Truck Entrance Gate o Installation of a manual traffic gate located on the South Frontage Road at the delivery truck entrance (grass drive entry) to facilitate control of the parking lot during paid parking events. $48,000 Recommended for funding • West Betty Ford Way Concrete Unit Pavers o Removal of existing asphalt paving and installation of concrete unit pavers between Manor Vail Bridge and South Frontage Road, guardrail replacement and reconfiguration of West Betty Ford gate area. $500,000 • Reconstruction of Nature Center Bridge walk for ADA standards o Removal of and replacement of existing Nature Center Bridge concrete walkway to create compliance with the ADA guidelines. This route is now a direct access point to the extended in -town bus route. $135,000 • Landscape Enhancements o The current 2016 budget is $200,000 for landscape enhancements. This includes improvements around the historic School House were intended to eliminate the service area, increase usability, improve aesthetics, and hide existing electrical equipment for a cost of $80,000. The remaining $120,000 was intended for landscape enhancements within several high priority areas around Ford Park including the Nature Center Bridge, West Betty Ford Way, and East Betty Ford Way. The attached memo dated July 16, 2015 outlines more details on the overall concepts. o $160,000 in additional cost is estimated for enhanced landscape treatments to areas that landed between the various phases of park improvements or where installed landscaping falls short of current expectations. Staff has identified these enhancements as lower priority so is not recommending for inclusion in the budget at this time 3 April 19, 2016 - Page 63 of 101 In summary, staff is recommending to utilize $540,000 in 2015 cost savings for the additional enhancements. When added to the original Ford Park 2016 budget of $450,000, total project budget is recommended of $990,000. V. ACTION REQUESTED Approve for inclusion in the supplemental budget of 2016 the recommended project list or direct staff to amend the project list and corresponding budget. VI. ATTACHMENTS Landscape enhancement memo Ford Park Entry Portal imagery 4 April 19, 2016 - Page 64 of 101 Current 2016 Unfunded Staff - Project Budget Enhancements recommended enhancements for 2"d reading of supplemental Ford Park Entry Portals $250,000 $260,000 $260,000 Lighting Controls $ 0 $ 97,000 $ 97,000 Reconstruction of electrical $ 0 $ 35,000 $ 35,000 transformer enclosure Frontage Road Truck Entrance $ 0 $ 48,000 $ 48,000 Contingency $ 0 $100,000 $100,000 West Betty Ford Way Concrete $ 0 $500,000 $ 0 Unit Pavers Reconstruction of Nature Center $ 0 $135,000 $ 0 Bridge Walk Landscape enhancements $200,000 $160,000 $ 0 Totals $450,000 $1,335,000 $540,000 In summary, staff is recommending to utilize $540,000 in 2015 cost savings for the additional enhancements. When added to the original Ford Park 2016 budget of $450,000, total project budget is recommended of $990,000. V. ACTION REQUESTED Approve for inclusion in the supplemental budget of 2016 the recommended project list or direct staff to amend the project list and corresponding budget. VI. ATTACHMENTS Landscape enhancement memo Ford Park Entry Portal imagery 4 April 19, 2016 - Page 64 of 101 ORDINANCE NO. 8 SERIES OF 2016 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND HEAVY EQUIPMENT FUND OF THE 2016 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 2016 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 15, Series of 2015, adopting the 2016 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 2016 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ 196,031 Capital Projects Fund 6,126,397 Real Estate Transfer Tax Fund 8,550,828 Heavy Equipment Fund 31,500 Dispatch 1,000 Total $ 14,905,756 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each 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. Ordinance No. 8, Series of 2016 April 19, 2016 - Page 65 of 101 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 5th day of April, 2016, and a public hearing shall be held on this Ordinance on the 19th day of April, 2016, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of April 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 8, Series of 2016 April 19, 2016 - Page 66 of 101 TOWN OF VAIP VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 7, Series of 2016, Second Reading, An Ordinance Amending Section 11-7-15, Ski Base Area Signs, of the Vail Town Code, Regarding Ski Base Area Signs. PRESENTER(S): Brian Garner, Planner ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 7, Series of 2016 on second reading. BACKGROUND: This ordinance would amend the text of Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to allow advertising for on -mountain recreational activities. The purpose of the amendment is to clarify and differentiate between advertising of on -mountain recreational activities and commercial uses. This ordinance will enable the applicant, Vail Resorts, to advertise summer activities that take place on the mountain such as Epic Discovery, which is a recreational activity in addition to a commercial enterprise. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 7, Series of 2016 upon second reading. ATTACHMENTS: Description Ordinance No. 7, Series of 2016 Council Memo Ordinance No. 7, Series of 2016 PEC Memo Dated March 14, 2016 Attachment A Attachment B March 14, 2016 PEC Meeting Results April 19, 2016 - Page 67 of 101 rowN ofvain ") Memorandum To: Vail Town Council From Community Development Department Date: April 19, 2016 Subject: Second reading of Ordinance No. 7, Series of 2016, an Ordinance to amend Section 11-7-15, Ski Base Area Signs of the Vail Town Code, pursuant to Section 11-3-3 Prescribed Regulations Amendment, in order to allow advertising of on - mountain recreational activities, and setting forth details in regard thereto. (PEC160007) Applicant: Vail Resorts, represented by Jeff Babb Planner: Brian Garner I. SUMMARY The applicant, Vail Resorts, represented by Jeff Babb, is requesting a second reading of Ordinance No. 7, Series of 2016 for a Prescribed Regulations Amendment to amend Section 11-7-15, Ski Base Area Signs, of the Vail Town Code in order to allow advertising of on -mountain recreational activities, and setting forth details in regard thereto. The amendment is applicable to the ski base areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow (PEC160007). This ordinance would amend the text of Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to allow advertising for on -mountain recreational activities. The purpose of the amendment is to clarify and differentiate between advertising of on -mountain recreational activities and commercial uses. This ordinance will enable the applicant, Vail Resorts, to advertise summer activities that take place on the mountain such as Epic Discovery, which is a recreational activity in addition to a commercial enterprise. As currently written, staff interprets the prohibition of commercial uses to include any commercial enterprise on the mountain, including recreational activities. The applicant, Vail Resorts, is unable to display signage for Epic Discovery as a result of this conclusion. Therefore, this amendment will clarify the distinction between commercial uses and recreational activities and allow signage for Epic Discovery and similar on - mountain recreational uses that are clearly distinct from commercial uses. Changes Since First Reading April 19, 2016 - Page 68 of 101 As requested by the Town Council at the April 5, 2016 Town Council meeting, the language has been tightened -up with the addition of "corporate sponsors" to the sign types prohibited by the Ordinance. The change requested by the Council now reads as follows: c. Signs advertising on -mountain corporate -sponsors, eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. No other changes are proposed from first reading. II. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On March 14, 2016 the Planning and Environmental Commission (PEC) recommended the Vail Town Council approve, with amendments, Ordinance No. 7, Series of 2016, upon first reading, with a vote of 6-0-0. The amendments approved by the PEC included some minor revisions to the text of the ordinance, which are reflected in the version presented for second reading. This recommendation was based upon the review of the criteria outlined in Section VI of the March 14, 2016 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented. III. BACKGROUND In the ski season of 2009/2010 staff and Jeff Babb, Vail Resorts Operations Director, performed a walk-through inspection of each of Vail Mountain's ski yards. The result was the identification of numerous types and locations for signage which did not conform with the regulations of Title 11, Sign Regulations, Vail Town Code. It was determined that Title 11, Sign Regulations, Vail Town Code, did not address ski yard signs because the base areas of Vail Mountain were not located within the Town of Vail boundaries, until annexation zoning occurred in 2006. Several examples of signs that did not meet the Town's sign regulations were portable signs, flags, digital lift availability signs and ticket office signs. Also, the quantity of signs was nonconforming. At that time, the Community Development Department worked with Vail Resorts to draft an amendment specifically for ski base area signs harmonious with the Sign Regulations of the Vail Town Code. On September 27, 2010 the Planning and Environmental Commission recommended approval of proposed Prescribed Regulations Amendments to the Vail Town Council and was subsequently approved by Town Council. Unforeseen in 2010 was the need to advertise on -mountain recreational activities that didn't exist at that time and as a result, the advertising of all "commercial uses" was prohibited. Today with the impending launch of Epic Discovery this summer, Vail Resorts has identified a desire to advertise the recreational activities available on the mountain. IV. ACTION REQUESTED OF THE TOWN COUNCIL Town of Vail Page 2 April 19, 2016 - Page 69 of 101 Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2016 upon second reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves Ordinance No. 7, Series of 2016, an ordinance amending Section 11-7-15 of the Vail Town Code, Ski Base Area Signs, in order to allow advertising of on -mountain recreational activities, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2016 the Community Development Department recommends the Council makes the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. V. ATTACHMENTS A. Ordinance No. 7, Series of 2016 B. PEC Memorandum, dated March 14, 2016, with attachments C. March 14, 2016 PEC meeting results Town of Vail Page 3 April 19, 2016 - Page 70 of 101 ORDINANCE NO. 7 SERIES 2016 AN ORDINANCE AMENDING SECTION 11-7-15, SKI BASE AREA SIGNS, OF THE VAIL TOWN CODE, REGARDING SKI BASE AREA SIGNS 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 laws of the State of Colorado and the Vail Town Charter; WHEREAS, Section 11-7-15, Ski Base Area Signs, of the Vail Town Code disallows the advertising of on -mountain recreational activities; WHEREAS, the Town Council desires to amend Section 11-7-15 to allow the advertising of on -mountain recreational activities; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and has submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the sign regulations; and WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 11-7-15 of the Vail Town Code is hereby amended as follows: A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multi -seasonal recreational activities available on the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8) above pedestrian -ways and a minimum clearance offifteen feet (1 S) above vehicular -ways. No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-3I, 'Placement On Public Property", of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board style signs are prohibited. Ordinance No. 7, Series of 2016 April 19, 2016 - Page 71 of 101 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain as provided by the operator of the ski mountain. c. Signs advertising on -mountain corporate -sponsors, eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. Retroactivity. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. Repeal. 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 5th day of April, 2016, and a public hearing for second reading of this Ordinance set for the 19th day of April 2016, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series of 2016 April 19, 2016 - Page 72 of 101 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 19th day of April, 2016. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 7, Series of 2016 April 19, 2016 - Page 73 of 101 TOWN OF 0) VAIL 1 Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 14, 2016 SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment pursuant to Section 11-3-3 Prescribed Regulations Amendment, Vail Town Code to amend Section 11-7-15, Ski Base Area Signs of the Vail Town Code in order to allow advertising for on -mountain recreational activities and setting forth details in regard thereto. (PEC160007). Applicant: Vail Resorts, represented by Mauriello Planning Group Planner: Brian Garner SUMMARY This is a proposal to amend the text of Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to clarify and differentiate between recreational activities and commercial uses and to be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. The amendment is applicable to the ski base areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the Prescribed Regulation Amendment to the Vail Town Council. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to amend Section 11-7- 15 of the Vail Town Code. The purpose of the amendment is to clarify and differentiate between recreational activities and commercial uses and be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. In doing so, the applicant, Vail Resorts will be enabled to advertise summer activities that take place on the mountain such as Epic Discovery, which is a recreational activity that is a commercial enterprise. According to the Vail.com website, "Vail's existing Adventure Ridge has already undergone enhancements in preparation for Epic Discovery over the past few years with the addition of a zip line, two challenge courses, a kids challenge course and kids zip line, and summer tubing. All of these activities, along with the Forest Flyer and Game Creek canopy tour, will be incorporated into Epic Discovery when it debuts in summer April 19, 2016 - Page 74 of 101 2016." Therefore, the amendment is requested by Vail Resorts to allow signage within the ski base area to advertise Epic Discovery. As currently written, staff interprets the prohibition of commercial uses to include any commercial enterprise on the mountain, including recreational activities. The applicant, Vail Resorts is unable to display signage for Epic Discovery as a result of this conclusion. Therefore, this amendment will make clear the distinction between eating and drinking establishments from recreational activities and allow the applicant, Vail Resorts the ability to erect signage for Epic Discovery and similar uses that are clearly distinct from commercial advertising. Definition of Ski Base Area in Section 11-2-1, Definitions: For the purpose of regulating ski base area signs, ski base areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. Definition of Sign, Ski Base in Section 11-2-1, Definitions: A sign in a ski base area that informs the public about on mountain conditions, grooming reports, status of ski lifts and tows, and the location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor recreation facilities and activities, lift ticket sales, skier and guest services. Requested Amendment to 11-7-15 Ski Base Area Signs: The proposed amendment to the regulation for ski base area signs are as follows (additions are in bold, deletions are in strikethre ur.h). A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multi -seasonal recreational offerings of activities available on the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain retail stores and eating and drinking establishments. eemmerGiai uses 1. Number. Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8) above pedestrian_ways and a minimum clearance of fifteen feet (15) above vehicular - ways. No No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property'; of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A -frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain as provided by the operator of the ski mountain. Town of Vail Page 2 April 19, 2016 - Page 75 of 101 c. Signs advertising on mountain retail stores and eating and drinking establishments,—_il stores and establishments and other nommernial use shall be prohibited. The amendment to the prescribed regulation will use language consistent with the definitions used for the regulation of ski base area signs as shown above and will not affect any other signage category. Additionally, portable signs will continue to be allowed within ski base areas as written in Section 11-9-2(0). Finally, there will be no change to the current process for review and approval of ski base area signs. III. BACKGROUND In the ski season of 2009/2010 staff and Jeff Babb, Vail Resorts Operations Director, performed a walk-through inspection of each of Vail Mountain's ski yards. The result was the identification of numerous types and locations for signage which did not conform with the regulations of Title 11, Sign Regulations, Vail Town Code. It was determined that Title 11, Sign Regulations, Vail Town Code, did not address ski yard signs because the base areas of Vail Mountain were not located within the Town of Vail boundaries, until annexation zoning occurred in 2006. Several examples of signs that did not meet the Town's sign regulations were portable signs, flags, digital lift availability signs and ticket office signs. Also, the quantity of signs was nonconforming. At that time, the Community Development Department worked with Vail Resorts to draft an amendment specifically for ski base area signs harmonious with the Sign Regulations of the Vail Town Code. On September 27, 2010 the Planning and Environmental Commission recommended approval of proposed Prescribed Regulations Amendments to the Vail Town Council and was subsequently approved by Town Council. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, by petition of any resident or property owner in the town, or by the administrator, in accordance with the Vail Town Code. The process requires a public hearing before the Planning and Environmental Commission and a recommendation from the Planning and Environmental Commission to Town Council, where final action will be taken on the application via two (2) readings of an ordinance. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Town of Vail Page 3 April 19, 2016 - Page 76 of 101 B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a Town of Vail Page 4 April 19, 2016 - Page 77 of 101 complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. DISCUSSION ITEMS Impact Analysis: This section considers the intended and unintended consequences as a result of the action. The intention is to provide the applicant, Vail Resorts with reasonable and clear parameters to advertise on mountain recreational activities such as Epic Discovery. The proposed amendment to the prescribed regulation for ski base area signs is intended to clarify and differentiate between recreational activities and commercial uses and be consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. In doing so, the intended outcome is the provision of wayfinding directional signage that helps guests better navigate the ski base area and to see the recreational activities available on the mountain. The amendment is not intended to provide the ability for advertising of on -mountain retail stores and eating and drinking establishments that would compete for business with establishments in the Town of Vail. It is the opinion of staff that the word "commercial" is too vague and open to interpretation of how regulations can apply. Additionally, "commercial" is inconsistent with the definition of Sign, Ski Base as it is defined in the Town Code, which clearly was written to permit the advertising of outdoor recreation facilities and activities associated with the mountain. As a result of approval of this Prescribed Regulations Amendment, signs advertising the recreational activities available at Vail Resorts Epic Discovery will be allowed. However, signs advertising on -mountain dining and/or retail options shall continue to be prohibited. VI. CRITERIA FOR REVIEW Section 12-3-7(C)(2) of the Zoning Regulations identifies the factors that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These factors include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment is intended to further the general and specific purposes of the zoning regulations by clarifying and differentiating between regulating terminology and definitions used in the Town Code. Consistency of Town of Vail Page 5 April 19, 2016 - Page 78 of 101 terminology and definitions promotes a coordinated and harmonious development of the Town and helps to conserve and maintain community qualities and economic values. Therefore, staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment is compatible with the development objectives of the town by establishing clear and consistent language in the Vail Town Code. Allowing signage that promotes recreational activities available on the ski mountain is beneficial to the guest experience. As a result, staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The current terminology and definitions in the Vail Town Code are conflicting and vague and it is therefore appropriate to amend the text to have clear terminology and consistent definitions of terms. As a result, staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment is intended to provide clear terminology and consistent defined terms within the Vail Town Code so that land use regulations are consistent with municipal development objectives to effect a positive guest experience. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section V of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the Prescribed Regulations Amendment to Section 11-7-15, Ski Base Area Signs, of the Town Code to clarify and differentiate between recreational activities and commercial uses and be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions. Town of Vail Page 6 April 19, 2016 - Page 79 of 101 If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendments, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a Prescribed Regulations Amendment to Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to clarify and differentiate between recreational activities and commercial uses and be more consistent with the definition of Sign, Ski Base in Section 11-2-1, Definitions." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: 'Based upon the review of the criteria outlined in Section V this memorandum, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. VIII. ATTACHMENTS • Attachment A: Vail Resorts Epic Discovery signage example. • Attachment B: Applicant Submittal. Town of Vail Page 7 April 19, 2016 - Page 80 of 101 13'- 4" ACTIVITY SAFETY RIDGE 22.5° 22.5° 91-( D OVERHEAD VIEW kGES SHOWN ARE FOR PLACE HOLDING PURPOSES D ARE NOTTO BE INTERPRETED AS FINAL ART APPROVED DATE notes # 252-9 VAI L Ear G DISCOVERY GONDOLA BASE INFO DISPLAY EXTERIOR POST MOUNT QTY = ONE TWO-FACED client VAIL RESORTS scale 3/8" = 1 FOOT file name GONDOLA BASE INFO DISPLAY P-12 date 01/25/1ro drawing GMD WOOD & WOOD DESIGN • SIGN SYSTEMS INTERIORS DECORATIVE ARTS 98 CARROLL ROAD WAITSFIELD, VERMONT 05673 q L�� I�D 802-496-3000 802-496-7916 FAX woodwood@madriver.com SIGN ENO R GU ATIONS� AMENDMENT Amending the Special Provisions Applicable to Ski Base Area Signs Submitted: February 15, 2016 Rev. February 24, 2016 u Mauriello Planning Group April 19, 2016 - Page 82 of 101 INTRODUCTION ...................................................................................................................................................................... . Vail Resorts, represented by Mauriello Planning Group, is requesting a text amendment to the Sign Regulations to provide clarity about the signage allowed at ski base areas, which include the base areas of Vail Village, Lionshead, Golden Peak, and Cascade Village. Vail Resorts approached the Community Development staff to discuss a proposed sign application for Epic Discovery signage at the Lionshead Gondola. Staff expressed some concern about the language of the Sign Regulations with respect to Ski Base Area Signs. Proposed signage to advertise Epic Discovery. If the text amendment is approved, a separate sign application will be submitted for review by the Town. The Sign Regulations currently state the following with regards to Ski Base Area Signage: Section 11-2-1: Definitions: SIGN, SKI BASE: A sign in a ski base area that informs the public about on mountain conditions, grooming reports, status of ski lifts and tows, and the location of ski school facilities, ski racing facilities, ski patrol facilities, outdoor recreation facilities and activities, lift ticket sales, skier and guest services. I April 19, 2016 - Page 83 of 101 SKI BASE AREA: For the purpose of regulating ski base area signs, ski base areas are those areas of Vail Village, Lionshead, Golden Peak, Cascade Village, and any other future portals immediately adjacent to a ski lift or tow. 11-7-15: SKI BASE AREA SIGNS: A. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multiseasonal offerings of the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain commercial uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property'; of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. Vail Resorts would like to erect signs related to on -mountain activities, including the zip line, forest flyer, ropes course, Adventure Ridge, along with a mountain map. One of the signs would be an electronic sign. In reviewing the application, staff determined that the Sign Regulations would need to be amended. Specifically of concern to staff is Section 11-7-15 A. 8.b, which states: Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. The proposed language of Section 11-7-5 is proposed to be amended as follows (text to be deleted is shown as str*kethre h, while text to be added is shown as bold underline). WAIMA MIMM:_fAF9��►:7���1[el►JJLY1 IA April 19, 2016 - Page 84 of 101 B. Description: These regulations apply to all signs erected within the ski base areas. These regulations are intended to provide the ski base areas with the signs necessary to operate the ski mountain. These signs are necessary to clearly communicate the multiseasonal recreational activities available on the ski mountain. There shall be a sign program addressing the needs of both the winter and summer seasons. The intent of these regulations is to provide the highest level of guest services while maintaining the highest quality resort character. It is not the intent of these regulations to provide a competitive advantage to on mountain retail stores and eating and drinking establishments yip' uses. 1. Number: Subject to design review. 2. Area: Subject to design review. 3. Height: Awning, projecting, wall, and electronic signs shall have a minimum clearance of eight feet (8') above pedestrianways and a minimum clearance of fifteen feet (15') above vehicularways. No part of a ski base sign shall extend more than twenty five feet (25) above grade. 4. Location: Subject to design review. Signs may be permitted in the public right of way subject to subsection 11-5-31, "Placement On Public Property'; of this title. 5. Type: Awning, freestanding, portable, projecting, wall, and electronic signs. A frame and sandwich board style signs are prohibited. 6. Lighting: Subject to design review. 7. Landscaping: Subject to design review. 8. Special Provisions: a. A sign program is required in accordance with the provisions of chapter 8 of this title. b. Signs shall permit the advertising of multi -seasonal recreational activities available on the ski mountain as provided by the operator of the ski mountain. c. Signs advertising on mountain retail stores and eating and drinking establishments, r-eteilster-es and __`6berr""'�r ; end ether— eefn ;-refc es shall be prohibited. 3 April 19, 2016 - Page 85 of 101 CRITERIA FOR REVIEW OF TEXT AMENDMENT ....................................................................................................................................................................... . The review criteria for a prescribed regulations amendment are provided in Section 11-3-3 and are listed below. The Applicant's analysis of conformance with the criteria follows: A. Factors Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the sign regulations Applicant Analysis: Section 11-1-2: provides the general and specific purposes of the Sign Regulations: A. General Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of the highest quality. B. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs that enhance the unique character of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. The proposed amendment is intended to provide clarity to the section of the Sign Regulations which regulate Ski Base Area Signs, which includes the areas adjacent to the lifts located at Vail Village, Lionshead, Golden Peak, and Cascade Village. The clarification allows the Town to fairly and consistently enforce the Sign Regulations in the Town of Vail, while recognizing the importance of these specific areas as providing unique offerings not available elsewhere in the Town. The proposed amendment also maintains the protections that Vail Resorts cannot advertise on -mountain dining or retail establishments to create unfair competition with these types of establishments located within the Town. This helps to preserve a successful and high quality business environment, aided by signs that direct and inform the public. As a result, the proposed amendment furthers both the specific and general purposes of the Sign Regulations and complies with this criterion. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town H April 19, 2016 - Page 86 of 101 Applicant Analysis: The various master plans that make up the Vail Comprehensive Plan have been reviewed and the following goals and policies are applicable from these documents: Vail Village Master Plan: The Vail Village Master Plan was adopted in 1990, with the intent to preserve and strengthen the character of the village, while allowing for limited, controlled growth. It provides the following applicable goals: GOAL #1 ENCOURAGE HIGH QUALITY, REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY. GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND FOR THE COMMUNITY AS A WHOLE. (pg. 8-9) Lionshead Redevelopment Master Plan: The Lionshead Redevelopment Master Plan was adopted in 1998 to encourage redevelopment and new development initiatives within Lionshead. Recognizing that redevelopment in Lionshead was critical for the community to remain a competitive four - season resort, the Town developed the Lionshead Redevelopment Master Plan with the following applicable objectives: 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the opportunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing arts venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. (pg. 2-2) Vail Land Use Plan: The Vail Land Use Plan was adopted in 1986, with the focus of addressing the long-term needs and desires of the Town of Vail as it matured. It provides goals and policies to guide the Town in making land use decisions. It provides the following: 1.1. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. s April 19, 2016 - Page 87 of 101 1.3. The quality of development should be maintained and upgraded whenever possible. 2.4. The community should improve summer recreational options to improve year-round tourism. (pg. 4-5) Vail 20/20 Plan: The Vail 20/20 Plan was adopted in 2007, with the goals to create a plan that identifies commonly shared values, create a clear vision for Vail, integrate a plan to coordinate Vail's strategies for the future, and create a plan that transcends the administrations of Town staff, Vail Town Council, and appointed boards and commissions. The Vail 20/20 Plan provides the following: Premier Resort Community: Vail values its role as a premier resort community, which recognizes the interdependent relationship between the resort, community and municipality. Vail"s success as a resort depends largely on its success as a community, as the community fosters relationships between locals and visitors. We make plans and take actions that are investments in the experiences and lives of many different generations, today and into the future. It takes work and reinvention to stay No. 1, and Vail is committed to innovation and creativity to achieve our goals. Activities Benefit Individuals and the Community: Vail values a vibrant community life supportive of spiritual and physical well-being and encouraging of intellectual and cultural growth. This value includes providing a wide variety of educational, recreational, entertainment, art and cultural opportunities. These offerings are accessible to all and appeal to residents and guests of all ages, incomes and interests. These activities promote the development of relationships that strengthen the community. Sense of Place and Character: Vail values the strong history of the town and its unique character and legacy while acknowledging the importance of reinvention. This is reflected in the high quality of the built environment with design and features that endure over time. (pg. 3) The Vail 20/20 Plan provides specific goals and implementation strategies which are furthered by this proposed amendment: Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. Make amendments to the Vail Town Code to reflect planning document updates, including the Sian Regulations, Zoning Regulations and Development Standards Handbook. (pg. 4) 2.1 April 19, 2016 - Page 88 of 101 As Vail Resorts continues to expand its on -mountain, multi -seasonal recreational offerings, the goals and objectives listed by the Town of Vail in all of its comprehensive planning effort are also furthered. Updating the Sign Regulations to create clarity in how these new recreational offerings are advertised is an important implementation step to further these goals. The proposed amendment adds more clarity, while maintaining the protections against advertisements for on -mountain commercial uses such as restaurants and retail establishments. As a result, the proposed amendment complies with this criterion. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable Applicant Analysis: Vail Resorts launched Epic Discovery in 2012, a comprehensive program of summer activities with the goal of encouraging "learn through play", promoting environmental education and forest stewardship with activities across Vail Mountain. These activities include zip line tours, ropes courses, additional hiking and biking trails, an alpine slide, etc. The Sign Regulations were written at at time prior to all these various recreational amenities being considered. In reviewing the current language, staff identified some concern that the existing language which states: Signs advertising on mountain eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited. Specifically, staff was concerned that the prohibition of advertising "other commercial uses" was unclear as to whether these new types of recreational uses were permitted to be advertised. Clearly, the intent was to limit the advertisement of on -mountain dining and retail establishments that would compete with those located within the Town. With the launching of Epic Discovery, conditions have substantially changed since the adoption of the subject regulation and it is important to provide clarity to the regulations to ensure that these new on -mountain recreational offerings can be advertised to maximize and encourage the use of these facilities. As a result, the proposed amendment complies with this criterion. Photos from epicdiscovery.com 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives 7 April 19, 2016 - Page 89 of 101 Applicant Analysis: The clear objective with this section of the Sign Regulations is to allow the operator of Vail Mountain the ability to advertise on -mountain activities at the base areas. These multi -seasonal recreational uses are consistent with municipal development objectives, as outlined in the comprehensive planning documents identified above. The proposed amendment provides further clarity about the ability to advertise these uses, while maintaining the protections against advertising on -mountain eating and drinking establishments, and retail establishments. As a result, the proposed amendment provides a harmonious, convenient, and workable relationship among land use regulations and complies with this criterion. S. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment Applicant Analysis: Any other factors and criteria that the Planning and Environmental Commission deems applicable shall be addressed by the Applicant. B. Necessary Findings: The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 8 April 19, 2016 - Page 90 of 101 PLANNING AND ENVIRONMENTAL COMMISSION TOWN Of VAt March 14, 2016, 1:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 Call to Order Members Present: Brian Gillette, Ludwig Kurz, John Rediker, John Ryan Lockman, Kirk Hansen, Henry Pratt Members Absent: Webb Martin Site Visits: 1) Booth Creek Park - 2900 Manns Ranch Road 2) Red Lion Condos - 304 Bridge Street 2. A request for a recommendation to the Vail Town Council for a Prescribed Regulations Amendment, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to amend Section 11-7-15 Ski Base Area Signs, and setting forth details in regard thereto. (PEC160007) Applicant: Vail Resorts, represented by Mauriello Planning Group Planner: Brian Garner Action: Approval, with amendments Motion: Rediker Second: Kurz Vote: 6-0-0 Brian Garner presented the proposal per the staff memorandum. Code is not clear; current code prohibits commercial advertising. Epic Discovery signs are desired, but are technically commercial activities. Applicant is requesting a change to the text of the code. If approved, this change will apply to all base areas of the Town. Staff believes that more clarity in code is needed. PEC is asked to make a recommendation to Town Council. Allison Kent from Mauriello Planning Group (MPG) is here representing the applicant. Allison Kent, MPG — Intent is to seek more clarity. We worked closely with staff to coordinate the proposed language. Pratt — Are these signs electronic? Jeff Babb, Vail Resorts — One of the signs is electronic. This will also go through DRB this week. Garner — Code was amended in 2010 to make changes to ski base signage Pratt — Will the signs be bright? Babb — They will be LED. We would be able to display operational information on the sign, only during daylight hours, turned on 30 minutes before the ski area opens. Hansen — Are there options for people with visual challenges (blind)? April 19, 2016 - Page 91 of 101 Babb- There is no current plan for sight challenged people to be accommodated with these signs, but this may be considered moving forward. Public Comment - None Gillette — Agree with staff. Rediker — We can achieve what the applicant wants without broad text changes. That language was put into the code for a reason. Not limited to eating and drinking establishments. First change proposed is fine; I don't agree with second change on eating and drinking establishments. Language on seasonal offerings on the mountain allows the applicant to install signs that they propose. Paragraph A (1st part ok to change, but not 2"d). Preference to strike Section A.8.c Kurz — Agree with Rediker's proposed language. Are there any competitive advantages to one applicant vs. another recreation provider? Garner — We are specifically trying to avoid advantages to marketing eating and drinking establishments as originally intended by the 2010 amendment. Hansen — Support Rediker's proposed changes. Would like to hear from the applicant. Babb - Vail is the exclusive permit holder for activities in the Forest Service Properties. Therefore should not be competitive advantage. Lockman — In general, this change provides clarity. Pratt — In general, this change is a good thing. Agree with Rediker that we are opening the door to some commercial use that is a step beyond. Gillette — Are we allowing these uses because they are recreational uses, and not other types of commercial uses? Rediker — Because they are recreational uses that generate revenue, are they allowed or are they commercial? That's why they are requesting these changes. You just don't know what may come down the pike. But if we can make the change it could be viewed as broad. Rediker— Motion to approve, amended as follows: Section 11-7-15, second proposed change in paragraph "A" to retain "commercial uses" and strike "retail stores and eating and drinking establishments." 8b proposed language approved. 8c changes not to be included, but retain existing language. 3. A request for review of a Major Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of 1,193 square feet of gross residential floor area (GRFA), located at 304 Bridge Street Units R2 & R3 (Red Lion Inn Condos)/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC160008) April 19, 2016 - Page 92 of 101 Applicant: Oscar Tang & Blue Mountain Investments, represented by J+A Architects aka VAg Architects Planner: Brian Garner Action: Continued to March 28, 2016 PEC Motion: Gillette Second: Kurz Vote: 6-0-0 Brian Garner — PEC review is to consider the proposed form and location of improvements including siting, setbacks, height, bulk and mass, site improvements and landscaping. If approved today, then the Design Review Board (DRB) review is next. Final approval of the design would be by the DRB. Architect, Brian Judge is representing the applicant and is here to present. Rediker — Question on Urban Design Guide Plan, pages 7-9 in memo: Do all of these come from the Design Guide Plan? Garner — Yes. He referenced the sub -heading for Vail Village Design Considerations on page 7. Rediker — Major issue from my understanding is the sun and shade analysis. I would like to know what the Urban Design Guidelines say about sun and shade. I would like to know if that is the verbatim language in guidelines. Brian Judge, Architect — One of the clients was trying to attend today, but the pass is closed. We have reviewed the documents to see what the requirements were on bulk, height, etc. Our code analysis led us to understand that there is 2,213 sq. ft. of GRFA remaining on the property. We spent a lot of time reviewing the Vail Village Design Plan and the Urban Design Guide Plan. There are three residential density units on the property, and that will remain. We are trying to be respectful to Mill Creek. Building has not had much renovation in a long time. That area of Town had some significant changes starting in 2007, including the Rucksack Building. Enclosure of the patio at the Red Lion occurred, but not additional GRFA. Site sits at about 83% site coverage. This building crosses the property line slightly, and the building to the north also crosses the property line. Streetscape Master Plan was reviewed, but does not really apply to this case. There are five primary urban design considerations. Mr. Judge reviewed the proposed plans. Height allowed is a 60/40 split. 60% can exceed 33 feet and none can exceed 43 feet. The building is within height limits. Guidelines talk about presentation of the building to the street. Stairs to the north are old and not well built. Canopy was added in 1980s, and it's included in site coverage. New design will be cleaner and more architecturally consistent. Red Lion Restaurant has a Class -A hood. Venting and egress of that hood discharges on the roof. There is a series of access doors on the roof, near the discharge of the fumes from the restaurant. The discharge is below the roof ridge. Proposal would alter the hood to discharge further from the Village pedestrian area. Bulk and scale model was shown to the Commission. Stair enclosure was reviewed. No change proposed to the materials. We are trying to embrace the indigenous architecture in a high quality way. Pedestrian ization from Design Guidelines was reviewed. New design will have much quieter exhaust fans, with access from inside. New exhaust chimneys will be raised up to 14 feet to get smells farther away. Judge reviewed the Urban Design Guide Plan, on Pedestrianization. Building has movement April 19, 2016 - Page 93 of 101 to it at the pedestrian level, with niches in and out. Condos on upper level are set back from the street. This allows corner glass on adjacent building retail spaces. We felt that the best location for the addition was on the upper level, to keep the ground level unchanged. This keeps in character of the building as it is today. We spent time looking at the adjacent building We pulled the northeast quadrant back 19 feet, to help maintain views from the neighbors. He showed areas on the plan where views would be maintained. Street Edge from Urban Design Guide Plan was reviewed. We did not want to change the street edge. There are some nice trees in this area, and places for people to pause. Judge reviewed the two View Corridors in area. Not going any taller than the existing building. Chimney will be raised. But we will stay under the height limit. View Area 4 is between Christy Sports and Hill Building, looking back to the east toward the Gore Range. Our addition and dormer is well behind the Christy Sports building and will not impact the view corridor. Sun Shade Analysis — We started with the sun shade analysis, then pulled the addition back to preserve light and view for the neighbors. We are keeping roofs below existing ridge height. Slight increase of infill will result in some additional shading. GRFA will remain unused on the site. Gillette asked about the dates when sun and shade analysis is performed. Brian Garner explained the requirements, which includes analysis between March 21- September 23. Judge — Current shadow shades adjacent building to the 3-4 foot point above the second story. Character of the architecture is staying the same. Facade materials and Tyrolean architecture has been preserved. Balconies and railings may be replaced. We will discuss in greater detail with DRB. Master Plan calls for upgrading the buildings in the Vail Village. Action Plan calls about the uniqueness of the Red Lion Building. Huge public benefit to clean up the area below the stairs. So will raising the chimney and exhaust from the kitchen. They will both improve health and safety. Master Plan calls for commercial activities in the Mill Creek corridor, but this plan does not impact the creek corridor. Still below building height. Land Use Map calls for a 3-4 story village area, we are well below those heights. Action Plan calls for commercial activities facing Mill Creek, and that is still possible if that is desired. No impacts are proposed on Siebert Circle. Plan also calls for infill developments with Tyrolean architecture. Plan anticipates that the Red Lion building has remaining GRFA and development rights. We are not developing to the maximum density. Architecture using same size detailing, windows, roof overhangs, etc. Hansen - Is exterior being upgraded, or just area of construction? Judge — Just area of construction. Roof has been recently repaired. Hansen — You mentioned there may be minor tweaks to the detailing, railings, etc. Judge — We are within GRFA and massing, height and setbacks. DRB may ask some questions and request changes. If the DRB asks us to move a wall by 4 feet, we would come back to the PEC. Rediker — Please show where the back corner changes are proposed. Judge reviewed the first floor (condo level) plans. Mechanical equipment in the back corner of April 19, 2016 - Page 94 of 101 the condo level. This remodel will allow the mechanical to be moved Rediker — Where will the new kitchen hoods vent? Judge — Pointed to location on the roof where hoods will vent out. He explained how the vents will be combined into fewer ducts. They will vent in northeast corner of the roof. Gillette — Should we come up with a maximum shadow analysis to show what the potential impacts would be? We are not really seeing the impact of the shade. Would like to see impact if the height was at the maximum. Rediker — This plan does not show the full impact on the south elevation of the adjacent. He asked about the code language on shadow analysis and the dates when shading should be shown on the plan. Neubecker and Garner explained the code language. Rediker — Guidelines dictate that we look at two dates (spring and fall equinox). We can't tell from this plan where the shadow falls. Garner — In an urban context, you will have shadows on adjacent properties. Rucksack Building also casts a shadow on property to the north. Pratt — Discussed the code requirements for when a shadow analysis is required. 3D models are shown in a grassy field with no context. I would like to see the south elevation of the Rucksack Building in the shadow analysis. Shadow analysis does not show the windows on the adjacent building. Sheet 3.2 North Elevation, even if you showed the south elevation of the Rucksack in relation to this building, it would be helpful. I would like to see this shadow revision, relative to the existing and proposed. You are adding a lot of mass on the north side. It would help us to understand the relationship of this building to the building next door. It's a relative situation, but it's a shading issue. Gillette — I have no problem with this application. One of the tenets of review is the sun shade analysis but I can't tell if it's substantial. Public Input — Bill Gardner, Unit R-1, Lower Unit in back of Rucksack Building. I also have a letter from the owner of unit upstairs, Unit 2. Applicant made a good effort to accommodate the Town and some of the issues. Rucksack building will submit a series of questions. Height 60/40 split was not addressed well. Back of Rucksack is the same as it was in 1979. This is the second time that the applicant has expanded that unit. Want to see if there is another way to expand without moving toward the Rucksack Building. We are opposed to this design until we understand it better. Final Comments - Pratt — You are proposing to infill area below the stairs; once you enclose the stairs, how will you access these triangles of space? Judge — Stairs are hung from structure above, no foundation below stairs. Access will be April 19, 2016 - Page 95 of 101 provided to these areas. Pratt — On view corridors, would like to see images in the packet Lockman — Although applicant is within the code requirements, there is an impact to the adjacent property to the north. I would like to better understand the impact to the building to the north. Project meets a lot of the Town's goals, but right now I don't understand all the impacts to neighbor. Hansen — Generally in favor of the application. Red Lion is a community gem for residents and visitors. Because of that we are taking a cautious approach. There are impacts, but they are minor. Windows will probably receive less sunlight on some days on the year. Let's look at shade analysis to make a better decision. Kurz — Agree with Hansen, but not enough information. In general it looks to meet most codes, but warrants a closer look. Rediker — Much of the application is within what is allowed for the property, height, GRFA, etc. Walking down Bridge Street, I feel the scale is appropriate, especially looking at other buildings in the area. Generally, the application fits within the goals of the master plan. Also complies with Town Code and Urban Design Criteria, but need to look at the sun shade analysis, but not sure how valid there concerns are, since I don't have enough information. I don't see hard evidence from either side. Comment to Rucksack Building owners, you are coming in late in the game. If you have concern, get those objections in quickly. Guidelines state that they are not intended to limit building height. Gillette — Mimic what Rediker just said. Encourage Rucksack owners to read the packet and report. Pratt — Looks like there is a significant impact on the neighbors light and air, but a right to direct sunlight is not protected. I'm not a lawyer, but I don't believe that views are not protected. 4. A request for the review of a conditional use permit, pursuant to Section 12-8B-3, Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16 Conditional Uses, Vail Town Code to allow for construction of public parks and active public outdoor recreation areas and uses, including tennis courts and playground, as well as an accessory restroom building and picnic shelter, located at 2900 Manns Ranch Road (Booth Creek Park)/Lot 11, Block 1, Vail Village Filing 13, and setting forth details in regard thereto. (PEC160009) - 60 Min. Applicant: Town of Vail, represented by Todd Oppenheimer Planner: Chris Neubecker Action: Approve with Conditions Motion: Kurz Second: Hansen Vote: 5-0-1 (Pratt Abstained) Conditions: As contained on page 11 of the staff report. Conditions of Approval: 1. This Conditional Use Permit shall lapse and become void if a building permit is not obtained and diligently pursued toward completion or the approved use has not April 19, 2016 - Page 96 of 101 commenced within two (2) years from the date of approval. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter, any future use of the site or structures thereon shall conform to the provisions of Title 12, Vail Town Code. 2. Hours of operation shall be from dawn to dusk. 3. Artificial lighting of the tennis courts is prohibited. 4. Prior to issuance of a building permit and any site work, applicant shall install silt fencing or other appropriate erosion control features to prevent degrading the wetlands to the east of the courts and water quality in Booth Creek. These erosion control features shall remain in place until the final landscaping is installed and vegetation is established. 5. No disturbance of the delineated wetlands is allowed. 6. Prior to start of construction or issuance of a building permit, the applicant shall obtain approval from the Design Review Board of the proposed park plans, proposed architecture and landscaping plan. 7. Prior to issuance of a building permit, applicant shall revise the plans to include the Town of Vail standard construction notes. 8. The minimum asphalt section shall be 3" asphalt over 6" base. 9. The minimum concrete section walk section shall be 4" concrete over 6" base. All Concrete paving shall be Class P with fiber mesh. 10. A separate sign permit is required for all signs within the park. All sign posts shall be the standard Town of Vail timber sign post. 11. Prior to issuance of a building permit, applicant shall revise Sheet C1.0 "Grading and Drainage Plan" to provide necessary drainage conveyance under or over the west walk connection. 12. Prior to issuance of a building permit, applicant shall rectify floodplain lines on plan. Per FEMA, use BFE from Flood Profile with updated topography. 13. Prior to issuance of a building permit, applicant shall revise site plans to show that all parallel parking spaces will be at least 9'x24' and a minimum of 5' off the edge of road. Gravel shoulder can be reduced to 12". Applicant shall also show cross - slope of parking spaces on final design plans. Neubecker - Presented an overview of the project, the plans and stated the applicant is the Town of Vail. The applicant is proposing 11 parking spaces including handicapped accessible parking. Applicant worked with children to design the new park and the Art in Public Places (AIPP) board on the design. Note that wetlands are on the site. A proposed trail would cross Town owned stream tract, but there may be other options to consider. Gillette — How far is path from creek? Does it allow views to the creek? Todd Oppenheimer, Public Works — Creek is close in proximity but views uncertain due to heavy vegetation, and creek is lower. No vegetation will be removed in that area and following existing foot path. Gillette — Is the foot path is existing? Oppenheimer — Yes. Rediker — Any additional opening remarks? April 19, 2016 - Page 97 of 101 Neubecker — Finished opening remarks and staff is supportive of the project in general. However, just have some concerns about wetlands and stream tract. Kristin Bertuglia is present to answer questions as well. Lockman — Would like to more information about wetland designation. Oppenheimer — Property was deeded to Town of Vail by Vail Resorts a long time ago. Tennis courts were existing. Likely no wetland at that time, but land was likely low and water has infiltrated from other portions of the site and created a wetland. Staff went through six different iterations of park site designs to come to this design. Current proposed configuration makes the most sense. Tennis courts make more sense to be relocated. Wetlands stay untouched with no grading or construction access near them. Old retaining wall remains in place. Process has been happening for two years with public input. Staff wanted to know concerns of adjacent neighbors, and most residents stated they wanted most existing vegetation left intact. Site has been designed to avoid impacts to large stands of vegetation. Proposed path is located where public stated they wanted to walk. Gillette — What are the paths going to be made of? Oppenheimer — Concrete. He went on to explain the grades and configuration of the paths. Gillette — Other paths are gravel. Why concrete here? Oppenheimer — Neighbors and Council wanted hard surface to be able for small children to ride around in a loop on a bike. Rediker —What kinds of lighting will be used? Oppenheimer — 9 bollard lights around path. Neubecker —Downcast light will be used. Dark sky compliant. Gillette — How will drainage work? Oppenheimer — Explained grading and drainage. Kurz — Believes this is the most vetted park design done by Town with very engaged neighbors. The project has strong neighbor approval. Feels very comfortable with project overall. Hansen — What is the configuration of the restrooms? Oppenheimer — They will be 3 season restrooms fully plumbed. Closed only during middle of winter. Rediker — Clarify on plans the location of restrooms? Oppenheimer — Showed location on site plan. Explained architecture of site buildings including restrooms. April 19, 2016 - Page 98 of 101 Kurz — Who manages the restrooms? Town of Vail or Vail Recreation District? Oppenheimer — Town of Vail. Gillette — What's north of the courts? Oppenheimer — Pathway and a picnic table. Rediker — Where are the parking spaces? Are they head -in parking stalls? Oppenheimer — One head in (for ADA access); others will be parallel. Parking spaces along Manns Ranch Road. Neubecker — Also, there will be bike racks included. Oppenheimer showed locations of racks and showed a drinking fountain location. Gillette — May want to reconsider location of a bike rack right on the trail and put it more in the park where people may be more comfortable leaving their bike, since many bikes are not locked. Oppenheimer — Showed location of picnic shelter with charcoal grill and other picnic tables. Explained movable park furniture will be used so users can manipulate the furniture to better fit their needs. Rediker — Any additional questions? None. Public comment - None. Comments from the Commission. Gillette — Likes the plan. Kurz — Likes the plan. Hansen — Appreciates the public process and likes the design. Lockman — Appreciates the public process and likes the project. Rediker — Appreciates the process and likes the project. Prefers to see stream tract not impacted but is OK with the path crossing the stream tract as proposed. Any other comments or questions? None. Closed comment. Entertain motion. 5. A request for final review of a Development Plan, pursuant to Section 12-61-11, Vail Town Code, to allow for the future development of Employee Housing Units on the Chamonix parcel located at 2310 Chamonix Road, Parcel B, Resubdivision of Tract D, Vail Das Schone Filing 1, and setting forth details in regard thereto. (PEC150019) Applicant: Town of Vail Community Development Department Planner: George Ruther Action: Table to May 9, 2016 Motion: Rediker Second: Gillette Vote: 6-0-0 April 19, 2016 - Page 99 of 101 6. Approval of Minutes February 22, 2016 PEC Meeting Results Action: Approval Motion: Gillette Second: Kurz Vote: 4-0-2 (Hansen, Pratt Abstain) 7. Informational Update March 28 update from Environmental Team on the Town's natural gas usage. 8. Adjournment Action: Approval Motion: Hansen Second: Kurz Vote: 5-0-1 (Pratt Abstain) April 19, 2016 - Page 100 of 101 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment estimated at 8:45 p.m. TOWN OF VAIP April 19, 2016 - Page 101 of 101