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
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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"
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APPROVED
DATE
notes
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scale
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file name
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date
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DESIGN • SIGN SYSTEMS
INTERIORS DECORATIVE ARTS
98 CARROLL ROAD
WAITSFIELD, VERMONT 05673
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802-496-3000
802-496-7916 FAX
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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