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HomeMy WebLinkAbout2017-08-15 Agenda and Supporting Documentation Town Council Evening MeetingVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, August 15, 2017 REVISED AGENDA TOM Of UAJt 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. Recognition of the "Eagle Scout" 2.1. Eagle Scout Recognition for Parker Rodeen Presenter(s): Dave Chapin, Mayor Background: Local Parker Rodeen was awarded the Eagle Scout Rank from the Boy Scouts of America program. This is the highest achievement or rank attainable in the Boy Scouting program of the Boy Scouts of America (BSA). The designation "Eagle Scout" was founded over one hundred years ago. Only four percent of Boy Scouts are granted this rank after a lengthy review process. 5 min. 3. Consent Agenda 3.1. Minutes from July 11, 2017 meeting 5 min. 3.2. Minutes from July 18, 2017 meeting 3.3. Minutes from July 27, 2017 special meeting 3.4. Town Manager Employment Agreement 4. Town Manager Report 4.1. Commercial Ski Storage Update 5 min. 4.2. Election Update Nomination Petition August 15, 2017 - Page 1 of 96 5. Presentations / Discussion 5.1. Comprehensive Open Lands Plan Update 45 min. Presenter(s): Tom Braun, Braun and Associates, LLC, and Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council provide direction on the policy statements posed in the attached memo. Background: In December, 2016, the Town authorized an update to the 1994 Comprehensive Open Lands Plan. The process for updating the Plan involves revisiting the existing Plan to identify initiatives that have been addressed (and those that have not); evaluating via a community engagement process the goals, objectives and initiatives of the existing Plan; and drafting an updated plan with goals, objectives and initiatives reaffirmed or identified during the process to address the community's needs. The original Plan, survey results and additional information may be accessed: http://www.vailgov.com/openlandsupdate Staff Recommendation: As this is a policy discussion, there is no staff recommendation at this time. 6. Public Hearings 6.1. Ordinance No. 10, Series of 2017, Second Reading, An Ordinance 5 min. Repealing and Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management and Enforcement Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10, Series of 2017 upon second reading. Background: Pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the. Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public nuisance, and to provide for and compel the removal of such noxious weeds. This Ordinance will update the Town's current regulations addressing noxious weeds. Staff Recommendation: Approve Ordinance No. 10, Series of 2017 upon seond reading. 6.2. Ordinance No. 11, Series of 2017, 1st Reading, Rezoning for Ski Club Vail 30 min. Presenter(s): George Ruther, Director of Community Development Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2017, upon first reading. Background: The applicant, Ski and Snowboard Club Vail (SSCV), represented by Braun Associates, Inc., is requesting a first reading of Ordinance No. 11, Series of 2017, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. This request was previously approved via Ordinance No. 17, Series of 2014, but has expired as the related plat was not recorded prior to the expiration clause August 15, 2017 - Page 2 of 96 contained in that ordinance. Staff Recommendation: On August 14, 2017 the Planning and Environmental Commission will vote on a recommendation of approval to the Vail Town Council for a zone district boundary amendment. The results of this recommendation will be available prior to the Town Council Meeting. 7. Action Items 7.1. Resolution No. 25, Series of 2017, A Resolution Approving an Intergovernmental Development Agreement Between the Town of Vail, the Eagle County School District and the Vail Reinvestment Authority; and Setting Forth Details in Regard Thereto. Presenter(s): Greg Hall, Director of Public Works & Transportation Action Requested of Council: Approve Resolution No. 25, Series 2017 Background: The town has partnered with the Eagle County School District for the construction of a four -level, 160 space parking garage at Red Sandstone Elementary School. This Resolution authorizes the Town Manager to enter into an Intergovernmental Agreement with the district for the development of the structure. Staff Recommendation: Approve Resolution No. 25, Series 2017 7.2. Update on summer 2017 bus service and summer parking Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: Provide input to the staff with regards to extending the service the remainder of summer 2017. Provide input to staff in preparing the 2018 budget to include for council review. Background: The town council directed staff on the initial approval of the expanded summer transit service trial, to return, mid -d summer to provide an update on the usage. Staff Recommendation: Staff recommends: 1) further discussing whether to extend the enhanced summer transit service pilot program for additional six weeks from the end of September to the beginning of ski season at a cost of $25,000; and 2) to direct staff to continue the enhanced summer bus service in preparation of the 2018 budget for the 24 week period. 8. Adjournment 8.1. Adjournment at 9:15 p.m. Background: Adjournment at 8:50 p.m. 15 min. 10 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 High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. August 15, 2017 - Page 3 of 96 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Eagle Scout Recognition for Parker Rodeen PRESENTER(S): Dave Chapin, Mayor BACKGROUND: Local Parker Rodeen was awarded the Eagle Scout Rank from the Boy Scouts of America program. This is the highest achievement or rank attainable in the Boy Scouting program of the Boy Scouts of America (BSA). The designation "Eagle Scout" was founded over one hundred years ago. Only four percent of Boy Scouts are granted this rank after a lengthy review process. ATTACHMENTS: Description Mayor Letter of Acknowledgement August 15, 2017 - Page 4 of 96 TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com August 4, 2017 Town Council 970.479.2106 970.479.2157 fax It is with great pleasure for me to offer my personal congratulation as well as those of the Town of Vail to Parker Rodeen for his extraordinary achievement in earning the Eagle Scout Rank. Having known Parker since he was a child through his life to this point I always knew he had a unique focus. His parents, long established locals and highly respected in our community provided a guidance and displayed a work ethic and values that he recognized early on and which he clearly took advantage of. This accomplishment is further strengthened when one considers all the distractions our young people have at their disposal today. Today's young adults are our future leaders and their ideas and values will guide our society moving forward. Parker's ability to set goals and achieve them resulting in the accomplishment of Eagle Scout Rank will open doors and allow him to have the opportunity to continue down this path of success. This experience and goal oriented approach of spirit, service and leadership will be invaluable as his life unfolds before him. As a community and as a personal friend couldn't be prouder. Again congratulations on this well earned rank and the strength and opportunity it will provide for you. "Once an Eagle, always an Eagle" Dave Chapin Town of Vail Mayor August 15, 2017 - Page 5 of 96 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from July 11, 2017 meeting ATTACHMENTS: Description July 11, 2017 Town Council Meeting Minutes TOWN Of9 August 15, 2017 - Page 6 of 96 Vail Town Council Meeting Minutes Tuesday, July 11, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kim Langmaid Jen Mason Greg Moffet *Kevin Foley absent Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Diane Carpenter, resident Village Center, expressed her concerns for public safety and residential access during the Go Pro Mountain Games and the Craft Beer Classic special events. She stated residents who reside within the special event venue are being denied access to their units during event times and she questioned if emergency vehicles could get to a fire or a resident who needed medical assistance. Stephen Connolly, Vail resident, asked council to consider having employee housing on top of the proposed Red Sandstone Parking Structure. Connolly also asked about operational costs of the parking structure. Tom Ruemmler, Vail resident, requested council consider other revenue methods other than impact fees. Herman Staufer, Vail resident, expressed concerns on rental by owners (RBO) should only be allowed in commercial areas and not residential areas. Staufer stated RBO's ruin the quality of life for the property owner who lives here. 2. Consent Agenda 2.1. Minutes from May 16, 2017 meeting 2.2. Minutes from May 23, 2017 special meeting 2.3. Resolution No. 22, Series of 2017, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Transportation Regarding Town Council Special Meeting Minutes of July 11, 2017 Page 1 August 15, 2017 - Page 7 of 96 the Division of Transit and Rail "FASTER" Transit Grant and Setting Forth Details in Regard Thereto. 2.4. Resolution No. 23, Series of 2017, A Resolution Approving an Estoppel Agreement Between the Town of Vail Local Housing Authority and Lion's Ridge Apartment Homes, LLC and Setting Forth Details in Regard Thereto. Moffet made a motion to approve the consent agenda items; Bruno seconded; approved 6-0 3. Town Manager Report George Ruther provided an update to council regarding the July 13 master housing lottery. Housing applicants have expressed concern over the application process and how applicants are "ranked" with a point system. Ruther stated the lottery would go forward with the current process at the July 13th lottery, but staff would present an updated selection criteria to council later this year; which would be implemented in 2018. 4. Action Items 4.1. 12-13-5: Employee Housing Unit Exchange Program - A request authorizing the Town Manager to execute a release of a deed restriction from an existing deed restriction. Presenter(s): George Ruther, Director of Community Development and Lynne Campbell, Housing Coordinator Action Requested of Council: 12-13-5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute a deed restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit located at Lot 21W, Block 3, Vail Valley Filing 1/1358 A Vail Valley Drive, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Sandstone 70 Unit B Building 13/923 Red Sandstone Drive Unit B13. Background: The owner of Lot 21W, Block 3, Vail Valley Filing /1358 A Vail Valley Drive that has a non compliant 300 square foot Employee Housing Unit and requests to exchange this EHU for placement of an Employee Housing Unit Deed Restriction on another dwelling unit located at Sandstone 70 Unit B Building 13 / 923 Red Sandstone Drive Unit B13. Staff Recommendation: The Vail Local Housing Authority recommends the following motion be made: "The Vail Town Council authorizes the Town Manager to execute a deed restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12-13- 5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit." Ruther reviewed the request to release a deed restricted property located at 1358 Vail Valley Drive Unit A and rerecord a deed restriction on a new property located at 923 Red Sandstone Drive Unit B13 Red Sandstone Drive. The Vail Valley Drive unit had a non compliant 300 square foot employee housing unit. Whereas the Red Sandstone Drive unit has 864 square feet. There was no public comment. Moffet made a motion to authorize the Town Manager to execute a deed restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12 -13 - Town Council Special Meeting Minutes of July 11, 2017 Page 2 August 15, 2017 - Page 8 of 96 5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit; Langmaid seconded the motion; motion passed 6-0 4.2. Ordinance No. 6, Series of 2017, First Reading, an Ordinance rezoning Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and rezoning Lot F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage Road West, and setting forth details in regard thereto. (PEC17-0015) Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2017, upon first reading. Background: On June 26, 2017, the Planning and Environmental Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re- subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. A the same meeting, the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead Second Filing, and the creation of Lot 2E-1. The proposed rezonings will allow for the Development Lots of the Vail Valley Medical Center and the Evergreen Lodge to have consistent zoning designations. All of the lots subject to the rezoning proposal meet the minimum lot size for their proposed new zoning designations and comply with all applicable development standards. Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lot 2E and Lot 2E- 1, Block 1, Vail Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and to rezoning Lot F-1, Vail Village Second Filing from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District. Cleveland recused himself from the discussion as he is a member of the Vail Valley Medical Center Board of Directors. Spence, Town of Vail Planner, provided council with a brief background concerning Ordinance No. 6, Series of 2017. On June 26, 2017, the Planning and Environmental Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re- subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. At the same meeting, the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead Second Filing, and the creation of Lot 2E-1. The proposed rezonings will allow for the Development Lots of the Vail Valley Medical Center and the Evergreen Lodge to have consistent zoning designations. All of the lots subject to the rezoning proposal meet the minimum lot size for their proposed new zoning designations and comply with all applicable development standards. There was no comment from council or the public. Moffet made a motion to approve, on first reading, Ordinance No. 6, Series of 2017, an ordinance rezoning of Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and a rezoning of Lot Town Council Special Meeting Minutes of July 11, 2017 Page 3 August 15, 2017 - Page 9 of 96 F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage Road West, and setting forth details in regard thereto. Bruno seconded the motion; approved 5-0 4.3. Ordinance No. 7, Series of 2017, First Reading, an Ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing, and setting forth details in regard thereto. (PEC17-0023) Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2017, upon first reading. Background: The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to include Lot F-1 within this mapped area. Altering the map will place the entire Evergreen Lodge Development Lot within the Commercial Core Area, ensuring that there is one set of consistent parking regulations in place for future redevelopment of the site. Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. Spence reviewed Ordinance No. 7, Series of 2017 with council. On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to include Lot F-1 within this mapped area. Altering the map will place the entire Evergreen Lodge Development Lot within the Commercial Core Area, ensuring that there is one set of consistent parking regulations in place for future redevelopment of the site. This request follows a minor subdivision request to create Lot F-1 and a Zone District Boundary Amendment to rezone the newly created lot from General Use (GU) District to the Lionshead Mixed Use 1 (LMU-1) District. The new lot will become part of the Development Lot for the Evergreen Lodge which also consists of Lot 2W of Vail Lionshead Second Filing. The concept of different parking schedules for different parts of the Town of Vail was codified via Ordinance No. 9, Series of 2000. This ordinance and accompanying map distinguished Vail's Commercial Core Area from other parts of town for the purposes of determining parking requirements. Due to the concentration of uses and the mixed- use nature of the Villages, it was determined that parking requirements should be less within the villages than in other commercial or residential parts of town. The Core Area Parking Map was most recently modified via Ordinance No. 9, Series of 2011, to include the future Ever Vail project within its boundary for the consideration of parking requirements. (It should be noted that the 2011 amendment to the map does not take effect until the recordation of the Ever Vail subdivision final plat. The Ever Vail subdivision, and the related amendment to the map, expires on December 31, 2020). Included in proposed Ordinance No. 7, Series of 2017 is a trigger mechanism that enacts the prescribed regulation amendment upon the recordation of the associated plat creating Lot F-1. Town Council Special Meeting Minutes of July 11, 2017 Page 4 August 15, 2017 - Page 10 of 9E Spence stated, on June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. There was no comment of council or the public. Moffet made a motion to approve, on first reading, Ordinance No. 7, Series of 2017, an ordinance prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing, and setting forth details in regard thereto. Bruno seconded the motion; approved 6-0 5. Public Hearings 5.1. Second reading of Ordinance No. 4, Series of 2017, an ordinance to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee. Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve on Second Reading Ordinance No. 4, Series 2017 Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is proposed to codify the current traffic mitigation fee to help fund future transportation related projects identified in the Vail Transportation Master Plan. The proposed fee will be applied in all zone districts, and will require developers to pay their proportional share for the necessary transportation infrastructure improvements that are directly related to the impacts created by the new development. Staff Recommendation: Approve on Second Reading Ordinance No. 4, Series 2017 Kassmel, reviewed the changes to Ordinance No. 4, Series of 2017 since second reading with council. The proposed transportation impact fee would apply to new developments, including creation of any new residential dwelling units, or any new commercial floor area. The fee does not apply to residential remodels where no additional units are added, or to commercial remodels that do not increase square footage. This new fee would be paid by the owner or developer, and would be collected by the Community Development Department at the time of issuance of a building permit. Revenues from this fee would be used by the Town for new transportation related infrastructure projects that are necessary due to the increased traffic from the incremental new development. Kassmel stated the recommended fee schedule was based on the allowable fees as determined by the nexus study completed by TischlerBise. The fee schedule can be reduced by some percentage as long as the reduction is equally applied over all uses. However by reducing the fee, Council recognizes that the shortfall of revenue projection will have to be made up by the Town. In general, for every 5% reduction in fees, the Town would need to subsidize an additional $900,000. Jim Lamont, Vail Homeowners Association, expressed concern approving the ordinance on second reading. Lamont suggested the Town goes through a master plan process to understand the magnitude of the growth. Town Council Special Meeting Minutes of July 11, 2017 Page 5 August 15, 2017 - Page 11 of 9E Tom Ruemmler, Vail resident, stated taxing a new development was not the answer and suggested raising sales tax to pay for infrastructures. Ruemmler felt it was better to spread it over the entire community not just the new development; which was a small percentage. Tom Braun, Braun and Associates, was concerned the fee structure needed to have more time to outline and suggested the fee structure go through a work session first. Dominic Mauriello, Mauriello Planning Group, suggested a critical review of the Vail Transportation Master Plan as well. Kassmel responded to the public concerns related to growth projections and future transportation needs by explaining the fee schedule would be adopted by resolution; which would allow for the schedule to be easily changed. Council asked Kassmel how many times this subject has been discussed; which Kassmel responded nine times throughout the process. Kassmel went on to say emails have been sent to local developers throughout the process as well. Some council members were uncomfortable with the fees as proposed. Moffet made a motion based upon the review of the criteria outlined in Section V of the Staff memorandum to the Planning and Environmental Commission dated May 8, 2017 and the evidence and testimony presented, the Vail Town Council 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 outlined in Section 12-1-2, Purpose, Vail Town Code; 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. The motion was seconded by Bruno; approved 4-2 (Moffet and Mason opposed). 5.2. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. Background: The applicant, Lunar Vail LLC, represented by Marl Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to Town Council Special Meeting Minutes of July 11, 2017 Page 6 August 15, 2017 - Page 12 of 9E the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval, with conditions, to the Vail Town Council. Dominic Mauriello, Mauriello Group, represented the applicant. Mauriello requested Ordinance No. 9, Series of 2017 be tabled and public hearing be moved to the July 18th meeting to allow time to work with staff. Council expressed concern regarding tabling the item to the July 18th meeting because the Japanese delegation would be here at that time to discuss a possible sister city exchange and there would not be enough time allowed for the public to comment on the ordinance. Moffet made a motion to table Ordinance No. 9, Series of 2017 to the August 1St council meeting; seconded by Bruno; motion passed 6-0 5.3. Second reading of Ordinance No. 8, Series 2017, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund. Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 8, Series 2017 Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 8, Series 2017 Smith stated to council there were no changes since the first reading of Ordinance No. 8, series of 2017. Smith reviewed a 2017 off -cycle contribution request from Vail Memorial Park for $50,000 to assist with operating expenses in order to proceed with Phase III of the Vail Memorial Park Foundation master plan. Joe Hanlon, Vail Memorial Park representative, stated the request was for construction and expansion of the park this fall. Moffet made a motion to approve Ordinance No. 8, Series of 2017 on second reading with the change to include the $50,000 request from Vail Memorial Park to be repaid to the Town; seconded by Mason; approved 5-1( Cleveland opposed). There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned at 8:55 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Tammy Nagel, Deputy Town Clerk Town Council Special Meeting Minutes of July 11, 2017 Page 7 August 15, 2017 - Page 13 of 9E VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from July 18, 2017 meeting ATTACHMENTS: Description July 18, 2017 Town Council Meeting Minutes TOWN Of9 August 15, 2017 - Page 14 of 9E Vail Town Council Meeting Minutes Tuesday, July 18, 2017 3:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 3:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Kim Langmaid Jen Mason Greg Moffet Kevin Foley *Dick Cleveland absent Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation There were no citizen comments. 2. PEC Update 2.1. PEC Update Presenter(s): Chris Nuebecker, Senior Planner Nuebecker reviewed the PEC results with the Council. 3. Executive Session 3.1. C.R.S. §24-6-402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, regarding: Parking Structure at RSES. Presenter(s): Matt Mire, Town Attorney Moffet made a motion to enter into executive session per the above recitals; Foley seconded the motion; motion passed 6-0 4. Information Update 4.1. VLHA Meeting Results 4.2. CSE Meeting Minutes, July 5, 2017 DRAFT 4.3. VEAC Meeting Minutes, July 11, 2017 5. Matters from Mayor, Council and Committee Reports Town Council Special Meeting Minutes of July 18, 2017 Page 1 August 15, 2017 - Page 15 of 9E Council members reported on various items regarding VRD parking solutions, bike path from Golden Peak to Sunburst, emergency action plan during special events and the nature center. 6. Presentations / Discussion 6.1. Business Meeting with Yamanouchi-machi Japan Delegation Introductions Vail Presentation Yamanouchi-machi Presentation Presenter(s): Dave Chapin, Mayor and Vail Town Council Action Requested of Council: No action requested. Background: Souichi Nakamura, the representative appointed by Governor Suichi Abe, Governor of Nagano and Mayor Takefushi, Yamanouchimachi, Japan, presented a proposal on March 21, 2017 to explore a Sisterhood exchange relationship between Vail and Yamanouchi Machi, Council and the Japanese delegation began the business meeting by exchanging business cards and introduced themselves to each other. Afterwards, Mayor Chapin presented a Powerpoint that highlighted the various special events, activities and life style of Vail and Yamanouchimachi Mayor, Mr. Takefushi, presented a video that highlighted his village and the environmental sustainability efforts his community has made. Kristen Bertuglia, Town of Vail Environmental Sustainability Manager, spoke with the group on the steps the Town has made and currently making to become a certified sustainable destination. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned at 5:00 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Tammy Nagel, Deputy Town Clerk Town Council Special Meeting Minutes of July 18, 2017 Page 2 August 15, 2017 - Page 16 of 9E VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from July 27, 2017 special meeting ATTACHMENTS: Description July 27, 2017 Town Council Special Meeting Minutes TOWN Of9 August 15, 2017 - Page 17 of 9E Vail Town Council Special Meeting Minutes Thursday, July 27, 2017 9:00 A.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 9:00 A.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Call to Order by the Mayor 2. Executive Session 2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Town Manager Search. Presenter(s): Matt Mire, Town Attorney Moffet made a motion to enter into executive session pursuant to the above recital; Foley seconded the motion and it passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 11:45 a.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Tammy Nagel, Deputy Town Clerk Town Council Special Meeting Minutes of June 28, 2017 Page 1 August 15, 2017 - Page 18 of 9E VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Employment Agreement ATTACHMENTS: Description TM Employement Agreement TOWN Of9 August 15, 2017 - Page 19 of 9E EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into this day of , 2017 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipal corporation (the "Town"), and Greg Clifton ("Clifton"), an individual (each a "Party" and collectively the "Parties"). WHEREAS, the Town Council (the "Council") wishes to employ Clifton as Town Manager of the Town; WHEREAS, the Council wishes to provide certain benefits, establish certain conditions of employment and set working conditions for the Town Manager; and WHEREAS, Clifton wishes to accept employment as the Town Manager of the Town under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Duties. The Town agrees to employ Clifton as Town Manager of the Town. Clifton shall work for the Town on a part-time basis (at 50%) from September 1, 2017 through September 24, 2017. Clifton shall commence full-time employment on September 25, 2017 (the "Start Date"). As Town Manager, Clifton shall perform the functions and duties described in the Charter and ordinances of the Town, as well as the job description attached hereto, and Clifton shall perform such other legally permissible and proper duties as the Town Council shall assign. Commencing on the Start Date: Clifton shall live in the Town and make the Town his primary residence; Clifton's employment with the Town shall be a full-time occupation; and Clifton agrees to remain in the exclusive employ of the Town and neither to accept nor to become employed by any other employer. The term "employed" shall not be construed to include occasional teaching, writing, or consulting, as approved by the Town Council, performed on Clifton's time off. 2. Term. The term of this Agreement shall be for 3 years from the Start Date; provided, however, that nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Town Council to terminate the services of Clifton at any time for any reason, subject only to Section 5 hereof, and nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Clifton to resign at any time from his position with the Town for any reason, subject only to Section 5 hereof. Following the initial 3 -year term, this Agreement shall automatically renew for additional 3 -year terms, unless otherwise terminated as provided herein. The Parties agree to review the contract terms 2 years from the Start Date. 3. Salary. Commencing on the Start Date, the Town shall pay Clifton for his services as Town Manager an annual salary of $175,000 annually (the "Base Salary"), which shall be paid periodically in the same manner as other employees of the Town are paid. The Base Salary may be increased by appropriate action of the Town Council at any time. This Section shall not preclude the Town Council from awarding bonuses 1 8/10/2017 IIVWS-STORAGEI DESKTOPS$1 TNAGEL I DESKTOPI CLIFTON -A080817-1. DOCX August 15, 2017 - Page 20 of 9E based on performance. From September 1, 2017 through September 24, 2017, the Town shall pay Clifton an amount equivalent to 50% of the Base Salary, on a pro -rata basis. 4. Benefits. In addition to the Base Salary, Clifton shall receive the following benefits during his employment as Town Manager, commencing on the Start Date: a. Insurance and Disability. Health, life, vision and dental insurance shall be paid by the Town for Clifton and his dependents in the same manner as for all other full- time Town employees. The Town shall provide workers' compensation insurance for Clifton as required by law. The Town shall provide short-term and long-term disability for Clifton in the same manner as for all other full-time Town employees. b. Leave. Clifton shall receive paid holidays, vacation leave and sick leave earned in the same manner as all department heads of the Town. Clifton shall begin at the top accrual level of 9.54 hours per pay period (6 weeks per year), including designated holidays, and shall have the first full year of accrual available on the Start Date. c. Vehicle. The Town shall provide a vehicle to Clifton for both business and personal use, and the Town will provide insurance coverage for the vehicle; provided, however, that the Town may cease providing the vehicle to Clifton at any time. If the Town is not providing a vehicle to Clifton, the Town shall reimburse Clifton the amount of $500 per month to compensate for the use of his personal vehicle for business use. The vehicle allowance shall be in lieu of mileage reimbursement. d. Retirement. Clifton shall be eligible to participate in the retirement programs established by the Town in the same manner as all other full-time employees of the Town, including the Town's 401(a) retirement plan. The Town's contribution shall be 11.15% upon the Start Date, and shall increase to 16.15% after the first full year of employment. e. Life Insurance. The Town shall provide Clifton with a $200,000 term life insurance policy. f. Recreation. The Town shall provide Clifton the top level of the ski/fitness benefit provided to other full-time employees of the Town (up to $700), but the Town waives the graduated 3 -year eligibility period. g. Residence. The Town shall provide the Town Manager's residence located at Arosa Drive for Clifton's use while employed as Town Manager. The Town shall be responsible for all capital maintenance and insurance for the residence. Clifton shall responsible for day-to-day living expenses such as utilities and snow removal. h. Telephone. The Town shall provide Clifton with monthly allowance of $ for use of his personal mobile telephone for employment-related 2 8/10/2017 IIVWS-STORAGEI DESKTOPS$1 TNAGEL I DESKTOPI CLIFTON -A080817-1. DOCX August 15, 2017 - Page 21 of 9E activities. The telephone shall remain Clifton's personal telephone, and nothing in this Agreement shall render the telephone Town property. 5. Severance. a. Amount. Except as otherwise provided in this Section, if Clifton's employment with the Town is terminated by the Town Council during such time that he is willing and able to perform the duties of the Town Manager, the Town shall pay Clifton an amount equivalent to 6 months of the then -current Base Salary plus employment benefits, excluding the housing and vehicle benefits (the "Severance Payment"). The Severance Payment shall be paid in a lump sum within 7 days of termination, subject to all applicable taxes and withholding. b. Termination for Cause. If the Town Council terminates Clifton's employment for cause, Clifton shall not be entitled to the Severance Payment. For purposes of this Agreement, "for cause" shall include any of the following: (i) if Clifton is convicted of a crime other than a misdemeanor traffic offense or petty offense; (ii) if Clifton fails to perform any material term of this Agreement, and such failure continues for 21 days after written notice from the Town specifying the failure; and (iii) if Clifton commits any illegal, dishonest or fraudulent act in connection with his employment as Town Manager. c. Resignation. If Clifton resigns from his position as Town Manager, Clifton shall not be entitled to the Severance Payment. d. Disability. If Clifton is unable to perform his duties as Town Manager for a period of 12 consecutive weeks and cannot be reasonably accommodated, the Town shall have the option to terminate this Agreement, but shall pay Clifton the Severance Payment. 6. Hours of Work. It is recognized that the Town Manager must devote a great deal of his time outside normal office hours to the business of the Town. Clifton shall be considered an exempt employee for purposes of the Fair Labor Standards Act, and shall not be entitled to overtime. 7. Professional Development. Subject to such amounts as may be budgeted, the Town, in its sole discretion, shall pay for expenses related to Clifton's continuing professional development, which includes attendance at various national or state conferences, seminars, and continuing education programs. At a minimum, the Town shall pay for Clifton's membership in the International City & County Management Association and the Colorado City & County Management Association. 8. Performance Evaluations. The Town Council shall provide Clifton with a performance evaluation at least once every 12 months. Clifton shall file a timely written response to each performance evaluation. Following such response, the Town Council and Clifton shall meet in executive session, in compliance with the Colorado Open Meetings Law, C.R.S. § 24-6-401, et seq., to discuss the performance evaluation. 3 8/10/2017 11 VWS-STORAGEI DESKTOPS$I TNAGELI DESKTOPI CLIFTON -A080817-1. DOCX August 15, 2017 - Page 22 of 9E Clifton hereby waives any right he may have to have such performance evaluations discussed in public under C.R.S. § 24-6-402(4)(f). 9. Indemnification. Clifton shall be defended and indemnified in his actions undertaken in his official capacity pursuant to all insurance coverages maintained by the Town and pursuant to the terms of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. Clifton shall not, however, be indemnified for any act or omission that is willful and wanton as those terms are defined in the Colorado Governmental Immunity Act. 10. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement constitutes the entire Agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third -party beneficiaries to this Agreement. e. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. f. Modification. This Agreement may only be modified upon written agreement of the Parties. g. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. h. Governmental Immunity. The Town, its officers, employees and attorneys are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., or otherwise available to the Town and its officers, employees or attorneys. i. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. The failure of the Town Council to appropriate for any compensation due under this 4 8/10/2017 IIVWS-STORAGEI DESKTOPS$1 TNAGEL I DESKTOPI CLIFTON -A080817-1. DOCX August 15, 2017 - Page 23 of 9E Agreement shall constitute termination of effective January 1st of the following year appropriated). IN WITNESS WHEREOF, the Parties the Effective Date. ATTEST: Patty McKenny, Town Clerk Greg Clifton 5 Clifton's employment as Town Manager, (the year for which funds have not been hereto have executed this Agreement as of TOWN OF VAIL David Chapin, Mayor 8/10/2017 11 VWS-STORAGEI DESKTOPS$I TNAGELI DESKTOPI CLIFTON -A080817-1. DOCX August 15, 2017 - Page 24 of 9E TOWN MANAGER Job Description Job Summary: The Town Manager serves as the chief executive and administrative officer of the Town, responsible for the proper administration of all affairs of the Town. Supervision: Works under the direction of the Town Council. Essential Job Duties: • Hires, suspends, transfers and removes Town employees on the basis of ability, training and experience of such employee in the work which they are to perform. • Serves as supervisor of all department heads and administrative staff. • Attends Council meetings and, in an advisory capacity, participates in discussions with the Council. • Oversees preparation of an annual budget for Town Council approval and assumes responsibility for said budget after its adoption. • Makes financial recommendations to the Town Council for adoption and keeps the Council advised of the financial and future needs of the Town. • Prepares and submits to the Town Council a complete report on the finances and administrative activities of the Town for the preceding year at the end of the fiscal year and, upon request of the Town Council, makes written or verbal reports at any time concerning the affairs of the Town. • Establishes and maintains a system of accounting and auditing for the Town which reflects, in accordance with generally accepted accounting principles, the financial condition and financial operation of the Town. • Becomes and remains familiar with all terms and conditions of all Town contracts, and upon knowledge of any violation thereof, reports same to the Town Council for such action and proceedings as may be necessary to enforce the same. • Provides for engineering, architectural, maintenance, legal, planning, construction, and other services as required by the Town. • Works closely with the Town Council to implement its vision for the Town, and serves as the liaison between the Town Council and Town staff. • Assures representation for the Town on various boards, committees and taskforces concerning relevant local, state and national issues. • Represents the Town in local, regional, and statewide organizations. • Manages meetings with staff, consultants, elected officials, developers, other government organizations, and other individuals and groups. • Performs such other duties as prescribed by ordinance or applicable law or as required by the Town Council. • Demonstrates proactive leadership on economic development and retention, competitiveness, infrastructure, livability, and other factors that help the Town achieve, maintain and improve its reputation as a desirable place to live and work. 6 8/10/2017 IIVWS-STORAGEI DESKTOPS$1 TNAGEL I DESKTOPI CLIFTON -A080817-1. DOCX August 15, 2017 - Page 25 of 9E Knowledge and Abilities: ■ Knowledge of the principles and practices of organizational management and public administration. ■ Knowledge of the principles, practices, and legal requirements of personnel management. ■ Knowledge of the principles and practices of municipal budgeting, budget preparation and fiscal administration. ■ Knowledge of management analysis, methods of policy formulation and implementation, and forms and records control including familiarity with basic computer word processing, data basing and spreadsheet applications as they relate to these issues. ■ Ability to manage a professional staff of municipal employees. ■ Ability to establish and maintain effective working relationships with employees, Town officials, residents, public groups, other agencies and peers in other communities. Special License, Registration, or Certification Required: Graduation from an accredited 4 -year college or university with major coursework in public administration or business administration supplemented by graduate study in public administration or a related field and at least 5 years of municipal or county administration or research experience involving a variety of management, fiscal, personnel, and public relations activities or any equivalent combination of education and experience. Relationship of Town Council to Town Manager: Except for the purpose of inquiries, individual Town Council members shall deal with the Town staff solely through the Town Manager, and an individual Town Council member shall not give orders to any subordinate of the Town Manager. 7 8/10/2017 IIVWS-STORAGEI DESKTOPS$1 TNAGEL I DESKTOPI CLIFTON -A080817-1. DOCX August 15, 2017 - Page 26 of 9E VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Commercial Ski Storage Update ATTACHMENTS: Description Commercial Ski Storage Update Memo Commercial Ski Storage Task Force Meeting Dates TOWN IfO August 15, 2017 - Page 27 of 9E TOWN OF VAIL' Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 15, 2017 SUBJECT: Commercial Ski Storage — Memo Only I. PURPOSE The purpose of this memo is to update the Town Council on progress relating to commercial ski storage. 11. UPDATE On August 1, 2017, the Community Development Department presented a report on Commercial Ski Storage in order to engage the Vail Town Council in a discussion regarding the Town's policy concerning commercial ski storage, ski valet and ski concierge services. At the end of the discussion, Town Council recommended the creation of a Task Force of ski and lodging industry business owners and managers to study this issue in greater detail, and provide feedback to the Town Council. Fourteen members of the ski and lodging industry signed up for the Task Force, and several others contacted the Community Development Department after the meeting, expressing interest in participating. Based upon availability of business owners and managers, meeting dates and times have been established for the Task Force. The attached documents outline the upcoming meetings for the Task Force. We are currently planning for three meetings of the Task Force before returning to the Town Council on September 5th August 15, 2017 - Page 28 of 9E TOWN OFD Commercial Ski Storage Task Force Meeting Dates and Deadlines Schedule / Timeline (Critical Dates, Decisions, Actions and Deliverables) • August 15, (Tuesday) Town Council Update — Memo Only. • August 18, (Friday) 1:00 PM— 3:00 PM —1st Task Force Meeting ➢ Identify problems with current regulations and enforcement ➢ Discuss history of existing policy ➢ Potential changes to regulations ➢ Potential consequences of policy changes • August 23 (Wednesday), 1:00 — 3:00 PM, 2nd Task Force Meeting ➢ Discuss options for policy changes • Identify the questions that Town Council must answer to determine the policy • August 25 (Friday), 10:00 AM — 12:00 PM, 3rd Task Force Meeting ➢ Finalize the questions that Town Council must answer to determine the policy ➢ Provide a list of options for Town Council to consider ➢ List the intended and unintended consequences of policies • September 5 (Tuesday) — Time TBD - Town Council Update — Provide update and options from Task Force • Task Force Meeting — Post Town Council — Date TBD — Identify implementation options • September 26 - PEC Hearing — Text amendment • October 3 — Town Council — 1st Reading of Ordinance • October 17 - Town Council — 2nd Reading of Ordinance • November 17 (Friday) — Vail Mountain Opening Day Purpose of the Task Force Identify options for a commercial ski storage and ski concierge policy that is fair, easily understandable, enforceable, consistent with the Vail brand, considers pedestrian and vehicular safety, and is responsive to new business models. Present options to Town Council. August 15, 2017 - Page 29 of 9E Provide a "boots on the ground" review of the current policy on ski storage and ski concierge, impacts on local businesses, impacts on customers, and identify pending changes in the ski industry. Responsibilities for Task Force Members Task Force members should be prepared to: • Attend all Task Force meetings (3-4 meetings), including PEC (1 meeting) and Town Council (2-3 meetings) • Appoint a chair/representative to speak on behalf of the Task Force • Identify policy options for Town Council consideration • Identify potential consequences of various policy options • Provide implementation options and ideas • Identify the questions that the Town Council must answer to develop a policy • The task force is not expected to make a formal recommendation to Town Council, but rather to identify options for consideration. Also, the Task Force is not expected to advise the Town Council on Code Enforcement policies. Note: Unless otherwise noted, all Task Force meetings will be held at the Town of Vail, Community Development Department, 75 S. Frontage Road (across the parking lot from the Town Council Chambers). Staff Contact: Chris Neubecker, Planning Manager Community Development Department (970) 479-2148 cneubecker©vailgov.com August 15, 2017 - Page 30 of 9E VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Election Update Nomination Petition TOWN Of UAJL August 15, 2017 - Page 31 of 9E TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Comprehensive Open Lands Plan Update PRESENTER(S): Tom Braun, Braun and Associates, LLC, and Kristen Bertuglia, Environmental Sustainability Manager ACTION REQUESTED OF COUNCIL: Staff requests the Vail Town Council provide direction on the policy statements posed in the attached memo. BACKGROUND: In December, 2016, the Town authorized an update to the 1994 Comprehensive Open Lands Plan. The process for updating the Plan involves revisiting the existing Plan to identify initiatives that have been addressed (and those that have not); evaluating via a community engagement process the goals, objectives and initiatives of the existing Plan; and drafting an updated plan with goals, objectives and initiatives reaffirmed or identified during the process to address the community's needs. The original Plan, survey results and additional information may be accessed: http://www.vailgov.com/openlandsupdate STAFF RECOMMENDATION: As this is a policy discussion, there is no staff recommendation at this time. ATTACHMENTS: Description Comprehensive Open Lands Plan Update Memorandum Comprehensive Open Lands Plan Update Presentation August 15, 2017 - Page 32 of 9E TOWN OF VAIL ' Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 15, 2017 SUBJECT: Comprehensive Open Lands Plan Update I. PURPOSE The purpose of this session is to provide the Vail Town Council an overview of the progress to date on the update to the 1994 Comprehensive Open Lands Plan (Plan), and to seek direction on the following policy statements. The original Plan, survey results and additional information may be accessed: http://www.vailcov.com/ocienlandsupdate 1. The Vail Town Council supports/does not support the acquisition of private lands for the following purposes, consistent with the 1994 Open Lands Plan: a. Affordable Housing b. Open Space c. Parks d. Natural Area Preservation e. Public Facilities 2. The Vail Town Council supports/does not support acquiring lands adjacent to municipal boundaries from the US Forest Service for purposes a. -e., above. 3. The Vail Town Council supports/does not support the use of conservation easements to further protect town -owned lands. II. BACKGROUND In December, 2016, the Town authorized an update to the 1994 Comprehensive Open Lands Plan. The process for updating the Plan involves revisiting the existing Plan to identify initiatives that have been addressed (and those that have not); evaluating via a community engagement process the goals, objectives and initiatives of the existing Plan; and drafting an updated plan with goals, objectives and initiatives reaffirmed or identified during the process to address the community's needs. Community Scoping Sessions Community Workshops Technical Expert Groups 171k reel by Parcel Analysis :11 Policy Direction Parcel Spec&f c Step 1: Initial Community Scoping Sessions recommendations One of the first steps in the process was to host three (3) OLP Community Scoping Sessions. The purpose of these Adoption meetings was to inform the community about the existing plan and to understand what was on the community's mind with regard to the Open August 15, 2017 - Page 33 of 9E Lands Plan. No formal presentations were made. Rather, participants were asked to visit a number of stations, each of which provided information about the existing Plan and Town - owned lands. Step 2: Parcel Research and Evaluation Town -owned Lands All 165 town -owned parcels were evaluated to determine if or how they could be used to further the goals of the Plan. In performing this evaluation it was assumed that existing uses would remain. For example, Bighorn Park would remain a park and the Public Works facility would remain the Public Works facility. The following types of parcels were identified: • Developed parcels such as the library, town hall and parking structures • Park and recreation development parcels such as Ford Park and the golf course • Designated Open Space parcels • Parcels encumbered by natural constraints such as flood plain or steep slopes After culling the parcels above, eight town -owned parcels remained. Of these eight, seven were deemed too small to be functional for any other use or were restricted by covenants. The one exception is the Middle Bench of Donovan Park Private Undeveloped Parcels All privately owned, undeveloped parcels were evaluated to determine if or how acquisition could further the goals of the Plan. Parcels were categorized as follows in order to provide framework for evaluation. Isolated/low density Lots It was assumed that isolated residential lots in established neighborhoods would not have the potential to further the goals of the Plan and the majority of these lots were eliminated from consideration. For various reasons, five such lots could be considered for acquisition. Gore Creek Parcels In response to community input regarding the importance of protecting Gore Creek and improving water quality, all parcels fronting on Gore Creek were initially considered. Six of these thirteen parcels could be considered for acquisition. Action Item Parcels from '94 Plan Twelve parcels identified for acquisition (or easements) from the current Plan were evaluated with respect to whether they should remain in the updated plan. Further discussion of two of these twelve parcels is recommended. Other Parcels A handful of other parcels that did not fit into the categories above could be considered for inclusion in the updated Plan. Step 3: Outreach to Technical Expert Groups Concurrent to the community workshops, staff and Braun and Associates conducted outreach to Technical Expert Groups (TEGs), including Vail Resorts, the US Forest Service, Colorado Parks and Wildlife, Vail Recreation District, CDOT, Vail Fire, Vail Local Housing Authority, Eagle River Water and Sanitation District, the Eagle Valley Land Trust. This outreach will continue throughout the process to include more TEGs as applicable. Town of Vail Page 2 August 15, 2017 - Page 34 of 9E Step 4: In -Depth Community Workshops The next step in the process was two more in-depth Community Workshops, held on February 22nd and June 15th at the Grand View Room, where the facilitator provided background information on what has changed since the original Plan and context for the discussion. February 22nd Workshop Participants were asked to work in small groups to develop a response on each of the topic areas: 1. Land Acquisitions a. Protection of Environmental Resources b. Housing c. USFS Land Swap 2. Trails a. General/User Groups b. Wildlife and Environmental Considerations c. Neighborhood Connectors 3. Use of Town Lands a. RETT b. Designated Open Space C. Public Facilities June 15th Workshop Participants were asked to listen to the presentation and provide feedback as a group on individual parcels, both publically and privately owned, as well as take part in an initial discussion about trails in Vail. III. WORKSHOP DISCUSSION AND COMMUNITY FEEDBACK June 15th Workshop The focus of the second of the two community meetings included an evaluation and discussion of specific parcels and: • Town of Vail owned lands and how they could be used to further the goals of the Open Lands Plan, • The Action Plan from the 1994 Open Lands Plan and how it could be updated to identify lands for acquisition that could further the goals of the Open Lands Plan, and • A vision for trails within Vail, the process for the potential development of new trails and new trail ideas. A summary of community feedback follows. Environment • Reiteration of the need for open space as a critical value to the Vail community, ecosystem, wildlife habitat and quality of life was a consistent theme throughout the discussion. o The Middle Bench of Donovan Park should remain open space, and be designated as such, due to the abundance of wildlife and recreational use. o The town should encourage Vail Resorts to place the East Vail parcel above the Vail Mountain School into a conservation easement or designated open space, due to its critical bighorn sheep habitat. Town of Vail Page 3 August 15, 2017 - Page 35 of 9E o The Town should ensure that the passion/emphasis on wildlife and environment are captured and not watered down. In general, if the town can acquire a parcel for protection of the Creek or undeveloped land, it should make this a priority. o Ensure that maintenance (weeds, etc.) are included in the Plan. o Ensure that RETT parcels remain open space and make it more difficult/impossible to reverse. Housing • The town cannot accommodate all of the housing needs within the town boundaries; need to look elsewhere, partnerships for down valley development. Specific parcels, such as the 3 identified on the north side of the Safeway may be appropriate for housing, but the market should address this. Trails • The town should not add more hard surface trails except along roadways. • Identifying user groups and demand is critical. • Ensure that actual wildlife impacts are evaluated (no current studies on the uniqueness of this valley). • Neighborhood connectors should be within town boundaries, not high in the forest. • A West Vail connection would be heavily used. • Widening of trails has negatively impacted user experience. • USFS trail requirements must be met (multi-user). • The Vail Trail should remain a walking trail. • Be aware that additional trails could increase the parking challenges Vail already has. IV. TRAILS Improvement of the trail and bike path system was identified as the #2 priority of the 1994 Open Lands Plan. Many of the recommendations, including construction of the North Trail and the addition of widened shoulders on the Frontage Roads were completed. However, the OLP trails plan was generally presented at a Master Plan level, and details were vague. As the town moved to implement another of the Plan's recommendations in 2015 (extend the Vail Trail to East Vail), the project was met with some opposition and was tabled in favor of a more detailed trails plan. What's been done: • Trails presentation/discussions within the context of three (3) Community Open Houses and a more detailed discussion at the June 15th workshop at roundtables. • Two (2) meetings with Colorado Parks and Wildlife officials to discuss potential new trails. This resulted in the removal of several trail sections from the concept plan due to sensitive wildlife habitat such has bighorn sheep winter range. • One (1) meeting with U.S. Forest Service officials to discuss the approval process for any potential new trails. This is discussed in more detail below. • Hiring of S.E. Group, a planning consultant with experience in trails, outdoor amenity and wildlife habitat planning. • GIS Inventory of existing trails and social trails. USFS Process: The USFS wants to ensure that any new trails are well -vetted and fit within a regional trails context. With this in mind, they have recommended the following multi -step process: Town of Vail Page 4 August 15, 2017 - Page 36 of 9E • Develop a Trails Master Plan for Vail that shows all potential new trails. These trails should be shown on a map in a general 200 yard -wide corridor. • The trails plan should be discussed in a regional context with the other Eagle County communities including Minturn, Eagle Vail, Avon and even with Summit County. • Submit the Trails Master Plan to the USFS for approval. The plan will go through a NEPA process at a high level and will likely be integrated into the White River Travel Management Plan. • Approval of the Master Plan does not constitute approval for construction of any trails. • Once the Master Plan is approved, individual sections of trail can then be submitted for construction. At that level, the actual trail alignment would be completed and then go through the NEPA process. This is a potentially multi-year process. • The advantage of this process is that any new trails will be well studied and the community will have several opportunities to comment on their development. Town of Vail Process: During the 2015 Vail Trail process numerous concerns including wildlife impacts, the effects of trails on neighboring properties and how to deal with multiple user types arose. It is important that the town work towards consensus when developing a trails plan. The June 15th workshop, attendees with different opinions on trails ended up sitting at the same tables. This small group setting allowed for dialogue and sharing of reasonable thoughts, resulting in a better understanding of other's concerns. With this in mind staff proposes the following: • Hold a series of 3-4 scoping sessions during September consisting of 8 to 10 stakeholders representing various neighborhoods, user types and ages. They could include property owners and renters, business owners and even some of the future Chamonix housing residents. The idea is to represent the past, present and future of Vail. • The meetings would discuss trail concepts, wildlife impacts and the USFS process. They will be planned to encourage dialogue with a goal of incorporating multiple needs and concerns. • The results will help to develop a comprehensive plan of trails, trailheads and signage for multiple user types which will then be presented during a trails Open House later in the fall for additional public input. Trails Master Plan The comments from the Open House and subsequent Town Council sessions will help finalize the Vail Trails Master Plan. It is intended that this document will be submitted to the USFS for approval as the "corridor -level plan". If approved, Vail can begin the process on individual trails, working with the Forest Service as their workload allows. V. NEXT STEPS The immediate next steps in the planning process are: 1) Drafting of the OLP 2) Presentation of the draft OLP to the Planning and Environmental Commission 3) Finalization of field work by SE Group 4) Trails workshop 5) Planning and Environmental Commission recommendation of adoption of the OLP to the Vail Town Council 6) Vail Town Council adoption of the OLP Town of Vail Page 5 August 15, 2017 - Page 37 of 9E Town Council Project Update #3 August 15, 2017 Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL August 15, 2017 - Page 38 of 96 3:1-1 N Approach to Project 1.Critique of Plan 2.Community scoping sessions 3.Background work/Technical advisors 4.Two community meetings 5.Prepare draft plan 6.Trails workshop 7.Formal review process Update to the 1994 Comprehensive Open Lands Plan TOWN 0E9 August 15, 2017 - Page 39 of 963 RALI N Open Lands Plan Update #3 1. Land Inventories/Action Plan 2. Input from technical experts 3. Community Meeting #2 4. Policy discussions 5. Next Steps Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 40 of 96Au Town Lands TOWN OWNE❑ PARCELS Approach to Town -Owned Lands Developed land - 23 parcels Park and rec land - 20 parcels/202 acres Designated Open Space - 57 parcels/533 acres Constraints/hazards - 61 parcels Town of Vail 161 parcels 1,040 acres Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 41 of 96 Town Lands Considerations: Size Location Accessibility Covenant Restrictions Zoning and context Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 42 of 96 :Au N Town Lands 2.17 acres Agriculture and Open Space Designated "Park" Purchased with RETT funds Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 43 of 96 RALI N Action Plan/Land Acquisitions 1994 OLP and what we heard about land acquisitions: • Environmental lands/open space protection • Gore Creek/Water Quality • Trails • Other public uses .... . Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 44 of 96 Priv Action Plan/Land Acquisitions ate/Undeveloped Lands Approach to Evaluation of Private/Undeveloped Lands Isolated, low density lots Gore Creek parcels `94 Action Plan Other parcels 106 Parcels Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 45 of 96 :u Priv Action Plan/Land Acquisitions ate/Undeveloped Lands Water Quality/Preservation - 7 parcels Environmental Protection - 2 parcels Trails - 3 parcels Public Uses -1 parcel 1994 OLP Action Items - 2 parcels 106 Parcels Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 46 of 96 :u In putfrom Technical Experts • Eagle River Water and Sanitation District • ECO Trails • Eagle Valley Land Trust • Vail Fire Department • Vail Housing Authority • Vail Recreation District • Vail Resorts • Colorado Parks and Wildlife • USFS Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 47 of 96Au Trails Vail Resorts • No new trails in Back Bowls, China Bowl, Blue Sky • Current focus is to improve existing trail system • No plans for major expansion of trail system • Goal - a better trail system, not a bigger one Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL'INC August 15, 2017 - Page 48 of 96 RALI N Colorado Parks and Wildlife Bighorn Sheep Seasonal Habitats - 70Om Buffer —.411111. OMNI ....=M...IFN - IMMO•rrrrrrrri .�.�. %." kms r�I.rr,g cr3:r D... • Trails 500m Area of Influence for Qk {Pedestrian Buffer) USF S 8 Tov reals Dula Sl.tua Surface, .aneyee 2 agnoinRioeururntvu — 6x120. ...SLR ud es agnoircee`dei:.n.. 4.1aa.a — C clic - Ilwyed N TO! es 94150mSwe0455a,Re00e ,sr a • nlmajed W USF6 CS EiphonfrrM05,!11 ,wn — 61120uauven I:A.NA Rema 90noin0.5mnrR2 roe — 6.1:.-u555..d1y'a 11.1, .01,11.e0 J 10100 w 'illy■- } - C0001,0 • .1anapedbrrw moeplUai.wna0dbFuses 0 021 0.5 ANL • Illi ;•-. :. . ..Mk 1111111 1:I/: 111 ' I Area of Influence for E Ik Madera et al. 2oosp Cenee vr,� 1:5 Prod. -ion gua W • E Wnb, Rnre Me, J Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL: August 15, 2017 - Page 49 of 96 41,3:I1-1 Trails Colorado Parks and Wildlife • Wildlife/Human interface • New trails - context/existing development • New trails - "tight" to existing development the better • Seasonal closures • Site specific analysis • CPW involvement in USFS process Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 50 of 96Au Trails United States Forest Service Step 1: Comprehensive town -wide plan Trails defined by 200 yard wide corridors Define trail uses Define trail levels and standards Coordination with other entities NEPA process (wildlife/biology, archeology, geology, etc) Step 2: Implementation Detailed design Detailed NEPA process Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 51 of 96Au Trails Trail Ideas Neighborhood connectors Neighborhood trails Trail connections Concept Plan/Town "loop" Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 52 of 96 :Au Trails Trail Ideas Update to the 1994 Comprehensive Open Lands Plan TOWN OFD August 15, 2017 - Page 53 of 96 Trails Tra i l Ideas - Neighborhood Connector Update to the 1994 Comprehensive Open Lands Plan TOWN OFD August 15, 2017 - Page 54 of 96 44,3:,1-1 Trails ti- s Google Earth imagery Date: 9.18-2016 39°37'26.97' IJ 106=25'03.-iZ"al= =111D r Trail Ideas - Neighborhood Connector Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL/ August 15, 2017 - Page 55 of 96 Community Meeting #2 Focus on main elements of OLP: • Town -owned land inventory • Private, undeveloped land inventory • Trails Community input: • Action Plan focus - open space preservation • Middle Bench/RETT • Protection of environmental resources • Housing • Trails Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 56 of 96Au Policy Discussion -Action Plan Element of 1994 OLP is to acquire privately owned, undeveloped lands for: • Open space/preservation • Trails • Public uses/housing Community Input: • Continue with acquisitions • Priority - protection of environmentally sensitive areas, open space preservation Should the OLP continue to advocate for the acquisition of privately -owned lands? Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 57 of 96Au Policy Discussion -USES Lands Element of 1994 OLP is defining Town/USES boundary: • Land Ownership Adjustment Act Community Input: • Maintain Town boundary • "No" to USFS exchanges for development of land • USFS exchanges only to protect/preserve open space Should the OLP advocate for USES land exchanges and if so for what purposes? Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 58 of 96Au Policy Discussion -USES Lands Buffehr Creek USFS Lands Feasibility Study Potato Patch Spraddle Creek Booth Palls Lionshea Vail Village Golf Course East Vail Matterhorn Intermountain - Study parcel Considered to porentiaNy he more fed Sll)ie Tor acquisition - Study parcel v� Update to the 1994 Comprehensive Open Lands Plan TOWN OF vara: August 15, 2017 - Page 59 of 96 3A1-1 P olicy Discussion -Protection of lands Element of 1994 OLP is to protect open spaces and environmentally sensitive lands: • Open Space Designation • Conservation Easements Community Input: • More protection than OS Designation is needed • Conservation easements Own Land Zoning NAPD Park Designated Open Space Conservation Easement Lowest Protection Highest Protection Should OLP advocate for using conservation easements to further protect town -owned lands? Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 60 of 96Au Next Steps 1) Drafting of the OLP 2) Presentation of the draft OLP to PEC 3) Finalization of field work by SE Group 4) Trails workshop 5) PEC recommendation of adoption of the OLP to the Vail Town Council 6) Vail Town Council adoption of the OLP Update to the 1994 Comprehensive Open Lands Plan TOWN OF VAIL' August 15, 2017 - Page 61 of 96Au TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 10, Series of 2017, Second Reading, An Ordinance Repealing and Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management and Enforcement PRESENTER(S): Gregg Barrie, Senior Landscape Architect ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 10, Series of 2017 upon second reading. BACKGROUND: Pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the. Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public nuisance, and to provide for and compel the removal of such noxious weeds. This Ordinance will update the Town's current regulations addressing noxious weeds. STAFF RECOMMENDATION: Approve Ordinance No. 10, Series of 2017 upon seond reading. ATTACHMENTS: Description Ordinance No. 10, Series of 2017 August 15, 2017 - Page 62 of 9E ORDINANCE NO. 10 SERIES 2017 AN ORDINANCE REPEALING AND REENACTING SECTION 5-1-6 OF THE VAIL TOWN CODE, CONCERNING NOXIOUS WEED MANAGEMENT AND ENFORCEMENT WHEREAS, pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public nuisance, and to provide for and compel the removal of such noxious weeds; WHEREAS, the Town Council hereby finds and declares that noxious weeds are a present threat to the economic and environmental value of the lands within the Town's jurisdication; WHEREAS, the Town Council desires to manage and control the spread and proliferation of noxious weeds through implementation of a coordinated program utilizing a variety of methods for the eventual removal of noxious weeds through their eradication and to promote desirable plant communities; and WHEREAS, the Town Council finds that the public health, safety and welfare will be served by requiring the removal of noxious weeds from property within the Town and by the adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-1-6 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: 5-1-6: NOXIOUS WEED MANAGEMENT AND ENFORCEMENT. A. Definitions. For purposes of this Section, the definitions set forth in the Colorado Noxious Weed Act, C.R.S. § 35-5.5-103, are hereby adopted to the extent they do not conflict with the following definitions, and the following terms shall have the following meanings: Management Plan means the Noxious Weed Management Plan adopted by the Local Advisory Board. Noxious weed means an alien plant or parts of an alien plant that have been designated by rule by the Commissioner of the Colorado Department of Agriculture or the Colorado Department of Agriculture as being noxious and plants declared to be noxious weeds by the Local Advisory Board. Property means any real property located within the Town. Ordinance No. 10, Series of 2017 August 15, 2017 - Page 63 of 9E Public Works Director means the Public Works Director or designee. B. Local Advisory Board. The Town Council shall be the Local Advisory Board for noxious weed control. A majority of the members of the Board shall constitute a quorum. The voting rules for the Local Advisory Board shall be the same as for the Town Council. The Local Advisory Board may adopt, amend and update the Management Plan by resolution. C. Management Plan. The Local Advisory Board has adopted the Management Plan. The Public Works Director shall maintain the Management Plan and make it available for public inspection. D. Plants declared noxious weeds: All plants which are declared noxious weeds are named and described in the Management Plan. The Local Advisory Board may designate additional plants not otherwise named and described in the Management Plan that aggressively invade or are detrimental to economic crops, livestock, wildlife or native plant communities or are carriers of detrimental insects, diseases, allergens or parasites for eradication and management within the Town. E. Declaration of nuisance: All plants declared noxious weeds by the Town are declared to be a public nuisance. F. Duty to manage. It is the duty of all property owners to use integrated management pursuant to the Management Plan to manage and prevent the spread of all noxious weeds through elimination of such noxious weeds from such property. Elimination and removal of noxious weeds shall be in accordance with the Management Plan and C.R.S. § 35- 5.5-108.5. G. Violation and penalty. 1. It is unlawful for any person to violate any provision of this Section or the Colorado Noxious Weed Act. 2. A violation of this Section shall be subject to the penalty set forth in Section 1-4-1, in addition to any other remedies provided herein or allowed by ordinance, law, rule or regulation. Each day of violation shall be a separate offense. H. Abatement. 1. Identification and inspection. a. The Town may enter any property to inspect for the existence of noxious weeds when at least one (1) of the following has occurred: Ordinance No. 10, Series of 2017 August 15, 2017 - Page 64 of 9E (1) The property owner or occupant has requested an inspection; (2) A neighboring resident has reported a suspected noxious weed infestation and requested an inspection; (3) The Public Works Director has made a visual inspection from a public right-of-way or other area and has reason to believe that a noxious weed infestation exists; or (4) The Public Works Director has inspected a current aerial satellite map of the property and determined there is reason to believe that a noxious weed infestation exists. b. Where entry onto private property is required to investigate the existence of noxious weeds, the inspection may be scheduled at any reasonable time upon the consent of the property owner or occupant. A property owner shall be notified of a pending inspection by certified mail at the address of record with the County Assessor's Office at least ten (10) days prior to such inspection. If, within ten (10) days of the notice, the property owner or occupant fails to respond or otherwise denies access, the Town may seek an inspection warrant issued from the Municipal Court pursuant to C.R.S. §§ 35-5.5-108.5(5)(b)(I) or 35-5.5-109(2)(b). 2. Notice of eradication. If the Public Works Director finds noxious weeds upon inspection, the Public Works Director shall issue a notice of eradication to the property owner, which shall be sent by certified mail to the address of record with the County Assessor. The notice of eradication shall name the noxious weeds, shall identify eradication as the required management objective, shall advise the property owner to commence eradication efforts with a specified time, shall state the integrated noxious weed management techniques prescribed in the Management Plan and shall advise the property owner that, within five (5) days from the date of the notice of eradication, the property owner must submit a plan and schedule acceptable to the Public Works Director. 3. Eradication. Within five (5) days after the date of the notice of eradication, the property owner shall comply with the terms of the notification of eradication or shall submit a plan and schedule which is acceptable to the Town for the completion of the management objective. An essential component of the plan shall be to eradicate noxious weeds prior to the seasonal time in which such noxious weeds create and disburse seeds or otherwise spread or propagate. Ordinance No. 10, Series of 2017 August 15, 2017 - Page 65 of 9E 6. Abatement action. If no voluntary abatement is achieved, the Town Attorney may file a nuisance abatement action pursuant to Section 5-1-14, in any court of record, including the Municipal Court. 7. Recovery of abatement costs. Pursuant to C.R.S. § 35-5.5- 109, the Town may assess one hundred percent (100%) of the cost of eradication and abatement, including up to twenty percent (20%) of inspection and other incidental costs, including without limitation administrative and legal costs. In addition, the Town may assess an additional five percent (5%) of the whole costs of eradication and abatement as an administrative fee. Any such assessment shall be a first and prior lien on the property and may be certified to the County Treasurer, who shall collect the assessment in the same manner as other taxes. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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. Section 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code 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 ordinance previously repealed or superseded unless expressly stated herein. Section 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2017, and a public hearing for second reading of this Ordinance is set for the 15th day of August, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Ordinance No. 10, Series of 2017 August 15, 2017 - Page 66 of 9E Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of August, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 10, Series of 2017 August 15, 2017 - Page 67 of 9E TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 11, Series of 2017, 1st Reading, Rezoning for Ski Club Vail PRESENT ER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: The Vail Town Council shal I approve, approve with modifications, or deny Ordinanc e No. 11, Series of 2017, upon first reading. BACKGROUND: The applicant, Ski and Snowboard Club Vail (SSCV), represented by Braun Associates, Inc., is requesting a first reading of Ordinance No. 11, Series of 2017, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. This request was previously approved via Ordinance No. 17, Series of 2014, but has expired as the related plat was not recorded prior to the expiration clause contained in that ordinance. STAFF RECOMMENDATION: On August 14, 2017 the Planning and Environmental Commission will vote on a recommendation of approval to the Vail Town Council for a zone district boundary amendment. The results of this recommendation will be available prior to the Town Council Meeting. ATTACHMENTS: Description Staff Memorandum to the Town Council Ordinance No. 11, Series of 2017 (First Reading) August 15, 2017 - Page 68 of 9E TOWN OFVAI1!) Memorandum TO: Vail Town Council FROM: Community Development Department DATE: August 15, 2017 SUBJECT: First reading of Ordinance No. 11, Series of 2017, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. (PEC17-0036) Applicant: Ski and Snowboard Club Vail (SSCV), represented by Braun and Associates, Inc. Planner: Jonathan Spence I. SUMMARY The applicant, Ski and Snowboard Club Vail (SSCV), represented by Braun Associates, Inc., is requesting a first reading of Ordinance No. 11, Series of 2017, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. This request was previously approved via Ordinance No. 17, Series of 2014, but has expired as the related plat was not recorded prior to the expiration clause contained in that ordinance. On August 14, 2017 the Planning and Environmental Commission will vote on a recommendation of approval to the Vail Town Council for a zone district boundary amendment. The results of this recommendation will be available prior to the Town Council Meeting. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2017, upon first reading. August 15, 2017 - Page 69 of 9E III. BACKGROUND On March 6, 2012, the Vail Town Council adopted Ordinance No. 1, Series of 2012, which rezoned the existing SSCV property from the Ski Base/Recreation (SBR) District to the SBR2 District. The intent of the rezoning identified at that time was to facilitate the redevelopment of the parcel separate from the Golden Peak Development Site. The language in the SBR District is very specific to the Golden Peak Lodge, and does not accommodate the stand alone development of the SSCV facility as a mixed use building. On October 27, 2014, the Planning and Environmental Commission approved a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town Code, to allow for the re- subdivision of Parcel 1 of the Golden Peak Ski Base and Recreation District Parcel and Part of Tract B, Vail Village Filing 7, in order to establish Parcel 3, Golden Peak Ski Base And Recreation District Parcel, the redevelopment site for Ski and Snowboard Club Vail. The newly formed Parcel 3 consists of the existing SSCV parcel, as formed in 1976, and approximately 0.258 acres transferred from the existing Vail Resorts adjacent parcel. The illustration below shows the existing and future parcel: N22'50'04"E 134.17' DESCRIBED PARCEL 0.258 ACRES N6> - kik (R.0q.44.)- 1/4/?/�R:7F 559'20'04"E 40.00' 20.42' S30'39' 56' W 90.00' 582"19'22"E 126.69' 87.51 N07'35'59"E 90,00' SKI AND SNOWBOARD CLUB VAIL (BOOK 247, PAGE 18) PARCEL 1 GOLDEN PEAK SKI BASE & RECREATION DISTRICT PARCEL 0 0 w 01 01 PINOS DEL NORTE Included in proposed Ordinance No. 11, Series of 2017, is a trigger mechanism that enacts the zone change upon the recordation of the plat revising the property boundary. This is proposed to ensure that a rezoning does not occur that results in a property with more than one zoning. If the plat, anticipated to be executed prior to development in the Fall of 2017, is not recorded, the proposed rezoning will expire upon the expiration of the Conditional Use Permit approval, two years from date of approval if a building permit is not obtained and construction not commenced and diligently pursued toward completion. IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2017, upon first reading, it is recommended that the Council pass the following motion: Town of Vail Page 2 August 15, 2017 - Page 70 of 9E "The Vail Town Council approves, on first reading, Ordinance No. 11, Series of 2017, an ordinance to rezone a portion of the newly created Parcel 3 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2017, the Planning and Environmental Commission recommends the Council make the following findings: "Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated August 14, 2017, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." V. Attachments A. Draft Ordinance No. 11, Series of 2017 Town of Vail Page 3 August 15, 2017 - Page 71 of 9E ORDINANCE NO. 11 SERIES OF 2017 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF A PORTION OF PARCEL 1 OF THE GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL SUBDIVISION FROM SKI BASE RECREATION DISTRICT TO SKI BASE RECREATION 2 DISTRICT, LOCATED AT 460 VAIL VALLEY DRIVE/PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); and, WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and, WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; and, WHEREAS, the subject property, described in Exhibits A and B, attached hereto and incorporated herein by this reference, (the "subject property"); and, WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail; and, WHEREAS, Vail Resorts, Inc., intends to transfer the subject property to the Ski and Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard Club parcel; and, WHEREAS, the purpose of the amendment is to establish a development site with uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse; and, WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the subject property from Ski Base Recreation District to Ski Base Recreation 2 District; and, WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the zone district boundary amendment; and, WHEREAS, the Vail Town Council finds and determines that the amendment is Ordinance No. 11, Series 2017 August 15, 2017 - Page 72 of 9E 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 and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibits A and B: A rezoning from the Ski Base Recreation District to Ski Base Recreation 2 District Section 2. Condition Precedent and Expiration The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Plat for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, has not been properly recorded by August 14, 2019 the rezoning set forth in Section 2 hereof shall not take effect. Section 3. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary 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. Ordinance No. 11, Series 2017 -2 August 15, 2017 - Page 73 of 9E d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity 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 5. 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of August, 2017, and a public hearing for second reading of this Ordinance set for the 5th day of September, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 3 August 15, 2017 - Page 74 of 9E READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of September, 2017. ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 -4 Dave Chapin, Mayor August 15, 2017 - Page 75 of 9E Exhibit A PRDPERIY DESCRIPTION 'Not part of Parcel 1, Golden Peak Ski Bose and Recrwtion District Parcel, according to the mop thereof recorded in the office of the Eagle County. Colorado, Clerk and Recorder, described oe follows; oegrnnIng at a point on the northerly boundary of said Parcel 1, oleo tieing the southerly right of wuy of Vail Volley Drive, whence the northeasterly comer of said Parcel 1 common with the northwesterly corner of Pinna del Norte Condominiums, according to the map thereof recorded in the office of the Eagle County Cdaroda, Clerk and Recorder, bears S0219 222E 67.51 feet; thence deporting said line S22'56'64 -.1.V 139.33 fast; thence N 3713Se SISV 177A2 feet; thence N22'50'04"E 134.17 feet to sold northerly boundary of Porcal 1; thence along sold boundary 9'2U'l - E 24.42 feet to the norths tnrly camsr of ths Sh and Snowboard Club Vail Porcol as recorded in Book 247, Page 15, in tha office of tha Engle County, Colorado, Clerk and Recardsr, thence the following 3 courses alone the westerly, southerly, and santery linea of said Ski and Snewhnard Club Vdl Parcel! 1) 53D'39'56if! GOOD feet; 2} SE716'34-E 155.28 feet; 3) N0735'59"E 90.00 feet; thence along sand northerly line of Parcel 1 n5219'22 -E 39.18 feet; to the point of beginning, containing D.2375 ac , more ar less. Stan H Colarod Eagle Dec: /77/1'r 1 Chit N22'56'D4-E 134.17' DESCRIBED PARCEL 0,255 ACRES Ordinance No. 11, Series 2017 550'20'1;14"E 40.00 26.42 S30'39'513'W 96.00 100' 200' SCALE: 1'-1013' SKI AND SNOWBOARD CLUB VAIL (WOK 247. PAGE 114) 59215'22'E 1)13.60' N0T35'59'E 90.00' 61,51 PARCEL 1 GOLDEN PE4< SKI BASE & RECREATION DISTRICT PARCEL 5 PINOS DEL NO RTE JOB Na. 1098 August 15, 2017 - Page 76 of 9E Zone District Amendment Proposal Part of Parcel 1, Golden Peak Ski Base and Recreation District Parcel 460 Vail Valley Drive Zoning - Esblloy � xre o.vm Wi....im 1HouF� oaVIdoce.cr..mn SNI eme,ReareetanISSR1 S.Bal.Avnirden MR. 999,91.law e I Feet 250 Zonlne -Proposed - �ywou- o a�aoo,Aerrean, oA ▪ sia ea,.A..re.eor,a a v� r io.,,d�i oiei..m o.�a�, w ie w •ow ' o.w. a�wimsb... 'n Last Madied', October 23,2019 1,1",1,411,01- Ordinance OWYd Ordinance No. 11, Series 2017 6 August 15, 2017 - Page 77 of 9E TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 25, Series of 2017, A Resolution Approving an Intergovernmental Development Agreement Between the Town of Vail, the Eagle County School District and the Vail Reinvestment Authority; and Setting Forth Details in Regard Thereto. PRESENTER(S): Greg Hall, Director of Public Works & Transportation ACTION REQUESTED OF COUNCIL: Approve Resolution No. 25, Series 2017 BACKGROUND: The town has partnered with the Eagle County School District for the construction of a four -level, 160 space parking garage at Red Sandstone Elementary School. This Resolution authorizes the Town Manager to enter into an Intergovernmental Agreement with the district for the development of the structure. STAFF RECOMMENDATION: Approve Resolution No. 25, Series 2017 ATTACHMENTS: Description RSES August 15, 2017 - Page 78 of 9E TOWN OF VAIL Memorandum TO: Vail Town Council FROM: Public Works and Finance Departments DATE: August 15, 2017 SUBJECT: Resolution No. 25, Series of 2017 Approving a Development Agreement with Eagle County School District I. SUMMARY The purpose of this memo is to summarize the terms included in the attached resolution approving a development agreement with the Eagle County School District and the Vail Reinvestment Authority for construction of a four -level, 160 space public parking structure at Red Sandstone Elementary School. 11. BACKGROUND On August 1st, Council approved moving forward with the project and proposed terms of a development agreement. Council also approved spending an additional $732,000 in construction costs to enable future development of two additional levels on top of the parking structure. The final budget estimate including contingencies is $15.0 million, with contributions from Vail Resorts of $4.3M and Eagle County School District of $1.5M. Remaining funding will come from the Vail Reinvestment Authority. The following is a summary of terms that are included in the attached resolution: • Establishes that the Town will be the owner of the Structure, and will be responsible for all contracting, warranties, etc. • Provides that the District will contribute $1.5 million to the project, as a lump sum payment, within 90 days of execution of the DA. • Provides that the Town will contribute $4.3 million to the project (Vail Resort's contribution) • Provides that the Vail Reinvestment Authority (VRA) will contribute the balance of the project costs. • Will eventually include plans, a budget, and a schedule. • Sets forth the number of parking spaces (40) to be dedicated to District use during the school year, and defines "school year" based on the number of days in the District's annual calendar, plus 5%. August 15, 2017 - Page 79 of 9E • Requires that the Town and the District enter into an Operations and Maintenance Agreement to provide for ongoing operations and maintenance of the Structure, including a formula to determine the District's proportionate share of the costs. • Requires that the Town and the District execute an amendment to the current lease for the property, to modify the boundaries of the lease and to provide that the Structure cannot be expanded without the District's consent. • Requires the Town and the District to each carry their own insurance on the structure. • Addresses breach and penalties. If the Town walks away from the project or fails to complete the project in substantial compliance with the plans or the schedule, the Town must repay the District its $1.5 million, plus actual costs incurred by the District. If the District walks away from the project after the Town has executed construction contracts, the District must pay the Town's actual costs associated with the early termination of those contracts, and any related costs. If the VRA fails to fund the project and the Town does not cover those costs, the District is entitled to a refund of its $1.5 million, plus actual costs incurred. • Includes a force majeure clause, meaning that the Town will not be responsible for delays in the project caused by floods, fire, etc. A preliminary development schedule, milestones and next steps are outlined below: • Town select building program • Execute pre -development agreement with the School District • Enter into a design contract with design team • Conduct soils and other sub consultant work • Design team develops schematic and preliminary designs • Pre construction prices both schematic and preliminary designs • Town and Eagle County School District resolve project points • Final legal document execution (DA) • TOV Entitlement • Vail Resorts funding commitment • PEC final application submittal • Construction Documents (CD's) • Final CDOT approval • Final pricing and contract execution • Construction III. ACTION REQUESTED OF COUNCIL May May May June May -July June -July July August August- September August August July -November September November January -August 2018 Staff requests that Town Council approves Resolution No. 25, Series of 2017 to continue moving forward in partnership with the school district on this project. . Town of Vail Page 2 August 15, 2017 - Page 80 of 9E RESOLUTION NO. 25 Series of 2017 A RESOLUTION APPROVING AN INTERVOGERNMENTAL DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL, THE EAGLE COUNTY SCHOOL DISTRICT AND THE VAIL REINVESTMENT AUTHORITY; 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 more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Property is currently leased by the Town to the Eagle County School District (the "District") and used for the Red Sandstone Elementary School; WHEREAS, the Town plans to construct a parking structure, a driveway and related improvements on the Property; WHEREAS, all Parties will benefit from the Project; WHEREAS, the District is willing and able to contribute financially to the project in exchange for a right to use the parking structure; WHEREAS, the Vail Reinvestment Authority (the "VRA") is willing and able to contribute financially to the project to fulfill the purposes and goals of the Amended Lionshead Public Facilities Development Plan; WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. § 29-1-203, the Parties may enter into agreements with one another to cooperate in the provision of services and facilities, when so authorized by their governing bodies; and WHEREAS, each of the Parties hereto has determined it to be in the best interest of the public health, safety and welfare to enter into this Intergovernmental Development Agreement (the "Agreement"), attached hereto as Exhibit B. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Agreement is hereby approved in substantially the same form attached hererto as Exhibit B and in a form approved by the Town Attorney, and the Town Manager is hereby authorized to execute the Agreement on behalf of the Town. 2. This resolution shall take effect immediately upon its passage. Resolution No. 25, Series of 2017 August 15, 2017 - Page 81 of 9E INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 11th day of July, 2017. Dave Chapin, Mayor of the Town of Vail, Colorado ATTEST: Patty McKenny, Town Clerk Resolution No. 25, Series of 2017 August 15, 2017 - Page 82 of 9E INTERGOVERNMENTAL DEVELOPMENT AGREEMENT THIS INTERGOVERNMENTAL DEVELOPMENT AGREEMENT (the "Agreement") is made this day of , 2017 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town"), and the Eagle County School District, a Colorado school district with an address of 948 Chambers Avenue, P.O. Box 740, Eagle, Colorado 81631 (the "District") and the Vail Reinvestment Authority, a Colorado urban renewal authority with an address of 75 South Frontage Road, Vail Colorado 81657 (the "VRA") (each individually a "Party" and collectively the "Parties"). WHEREAS, the District is a State of Colorado school district duly organized and operated pursuant to Article IX of the Colorado Constitution and C.R.S. § 22-30-101, et seq. WHEREAS, the Town is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; WHEREAS, the VRA is a Colorado urban renewal authority organized and operated pursuant to C.R.S. § 31-25-101, et seq.; WHEREAS, the Town is the owner of certain real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Property is currently leased by the Town to the District and used for the Red Sandstone Elementary School; WHEREAS, the Town plans to construct a parking structure, a driveway and related improvements on the Property; WHEREAS, all Parties will benefit from the Project; WHEREAS, the District is willing and able to contribute financially to the project in exchange for a right to use the parking structure; WHEREAS, the VRA is willing and able to contribute financially to the project to fulfill the purposes and goals of the Amended Lionshead Public Facilities Development Plan; WHEREAS, in June 2017, the Parties entered into a Pre -Development Agreement which required a subsequent development agreement for the project to be executed by the Parties on or before August 17, 2017; WHEREAS, the Parties agree this Agreement fulfills the obligations and intent of such Pre -Development Agreement; 1 8/10/2017 S:IFINANCEIBUDGETIBUDGET 171TOWN COUNCIL MEMOS & ANAL YSISIRSESIDA-A080917 (2).DOCX August 15, 2017 - Page 83 of 9E WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. § 29-1-203, the Parties may enter into agreements with one another to cooperate in the provision of services and facilities, when so authorized by their governing bodies; and WHEREAS, each of the Parties hereto has determined it to be in the best interest of the public health, safety and welfare to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: a. "Operation and Maintenance Costs" means the Town's actual cost to operate and maintain the Structure and the Driveway, including without limitation the cost of utilities serving the Driveway and Structure and the actual cost of snow removal for the Driveway and Structure. b. "School Year" means the teacher contact days in the District's academic calendar each year, plus 5% of the total number of days, as indicated on a calendar to be finalized by the Town and the District on an annual basis, at least 30 days prior to the start of the School Year. 2. Project. a. Plans. As more particularly described in the final design and construction plans attached hereto as Exhibit B and incorporated herein by this reference (the "Plans"), the Town will cause a public parking structure to be constructed on a portion of the Property containing approximately 160 parking spaces (the "Structure"), along with an access driveway (the "Driveway") and related improvements, including without limitation the necessary improvements to the lower parking lot on the Property and the Frontage Road (the "Related Improvements") (collectively the "Project"). b. Budget. The budget for the Project is attached hereto as Exhibit C and incorporated herein by this reference (the "Budget"). c. Schedule. The Parties intend that the Project will be developed and constructed in accordance with the schedule attached hereto as Exhibit D and incorporated herein by this reference (the "Schedule"). d. Owner. The Parties agree the Town is the owner of the Property and will be the owner of the Project. The Town will be identified and named as the owner in all relevant design and construction agreements, which agreements will be negotiated and entered into solely by the Town. 2 8/10/2017 S:IFINANCEIBUDGETIBUDGET 171TOWN COUNCIL MEMOS & ANAL YSISIRSESIDA-A080917 (2).DOCX August 15, 2017 - Page 84 of 9E e. Contracts. The Town's contracts for construction shall contain provisions to ensure the timely completion of the Project, including penalties to be imposed upon the contractors for delay. The Parties agree to cooperate in and facilitate the execution of any additional agreements, easements, or rights-of-way necessary to implement the purposes of this Agreement. e. Permits. The Town will obtain any necessary access permits from the Colorado Department of Transportation ("CDOT"). 3. Share of Parking Spaces. In exchange for the District's financial contribution to the Project, as outlined below, the District will be entitled to use of certain parking spaces in the Structure is as follows: a. Use. The District may use up to 40 parking spaces on the uppermost level of the Structure during each School Year. The Town shall provide the District with parking passes for use of the District's 40 spaces, and the District will control the distribution of its parking passes and is responsible for the replacement cost of lost or damaged passes. At the conclusion of each School Year, and until the start of the next School Year, the District's allocated parking spaces will be returned to the Town for unrestricted public use. b. Signage. The Town shall install and maintain adequate signage restricting the appropriate parking spaces to District use, at the Town's sole cost. 4. Construction Costs. The Parties' financial contributions for the construction of the Project are as follows: a. District. The District shall pay a lump sum of $1.5 million to the Town within 90 days of the Effective Date. The District's lump sum payment satisfies the District's entire financial contribution toward the construction costs for the Project, including any additional improvements to the Structure, such as restrooms, public art or security features. Any costs incurred by the District prior to the date of this Agreement are the District's own costs, and shall not be set off from the $1.5 million payment. The costs for the District's representative shall be borne by the District, and shall not be set off from the $1.5 million payment. b. Town. The Town shall pay $4.3 million toward the cost of the Project, which funds were provided by Vail Resorts by separate agreement. c. VRA. The VRA shall pay the balance of the Project costs. 5. Operations and Maintenance. a. General. The Parties agree the Town will operate the Structure, and the Town may outsource operations and maintenance of the Parking Structure to one or more third -party contractors, which contractor(s) will be selected and managed solely by the Town. The operation of the Structure will be governed by a separate operations 3 8/10/2017 S:IFINANCEIBUDGETIBUDGET 171TOWN COUNCIL MEMOS & ANAL YSISIRSESIDA-A080917 (2).DOCX August 15, 2017 - Page 85 of 9E agreement to be negotiated between the Town and the District (the "Operations Agreement"). b. Costs. The District's proportional share of Operation and Maintenance Costs shall be 13.017%, which shall be due and payable on an annual basis in accordance with the Operations Agreement. The Town shall set an Operations and Maintenance Costs budget annually in consultation with the District. 6. Lease Amendment. Within 60 days of the Effective Date, the Town and the District shall negotiate and execute an amendment to the lease agreement between the Town and the District for the Property to address the changes to the Property caused by this Agreement and construction of the Driveway, Structure and other improvements. The Lease Amendment shall also provide that the Structure shall not be expanded without the prior written consent of the District. 7. Insurance. The Town and the District shall both carry insurance coverage for the Structure as determined necessary by the risk carriers of each Party and at the respective cost of each Party. The Town and the District shall each name the other as an additional insured on its policy. 8. Term and Termination. a. Unless otherwise terminated as provided herein, the term of this Agreement shall commence upon the Effective Date and shall terminate upon completion of the Project. b. Any Party may terminate this Agreement upon written notice to each of the other Parties delivered prior to the date on which the Town becomes obligated to any contractor for construction of the Project. After such time, there shall be no right to terminate this Agreement, and any attempt to terminate shall constitute a breach of this Agreement, subject to the remedies set forth in Section 9. 9. Breach and Remedies. a. District. If the District fails to timely pay the lump sum of $1.5 million or terminates this Agreement after the date on which the Town becomes obligated to any contractor for construction of the Project, the District shall be in breach of this Agreement. Upon such breach, the Town shall be entitled to retain as much of the $1.5 million payment as necessary to cover its actual costs related to the Project as of the date of termination, including without limitation any early termination penalties due to any contractors and other related costs. b. Town. If the Town fails to complete the Project in substantial compliance with the Plans and the Schedule, which may be revised by agreement of the Town and the District, the Town shall be in breach of this Agreement. Upon such breach, the District shall be entitled to a full refund of the $1.5 million lump sum payment, plus any actual costs related to the Project incurred by the District as of the date of termination. 4 8/10/2017 S:IFINANCEIBUDGETIBUDGET 171TOWN COUNCIL MEMOS & ANAL YSISIRSESIDA-A080917 (2).DOCX August 15, 2017 - Page 86 of 9E c. VRA. If the VRA fails to comply with its obligation to pay the costs of the Project and the Town does not pay such costs, so the Project is not completed, the District shall be entitled to a full refund of the $1.5 million lump sum payment, plus any actual costs related to the Project incurred by the District as of the date of termination. 10. Miscellaneous. a. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. b. Books and Records. The Town will make available to the District and the VRA upon reasonable notice all agreements, records and documents reasonably necessary to confirm or audit the Town's requests for payment hereunder. c. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. d. Integration. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. e. Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. f. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. g. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. h. No Third Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties and nothing contained in this Agreement shall be construed as making the Parties joint venturers or partners. In no event shall any Party or its employees or its representatives be considered or authorized to act as employees or agents of any other Party. j. Force Majeure. No Party shall be liable for a failure to perform as required by this Agreement to the extent such failure to perform is caused by a reason beyond the control of that Party or by reason of any of the following occurrences, whether or not caused by such Party: strikes, labor disturbances or labor disputes of any character, 5 8/10/2017 S:IFINANCEIBUDGETIBUDGET 171TOWN COUNCIL MEMOS & ANAL YSISIRSESIDA-A080917 (2).DOCX August 15, 2017 - Page 87 of 9E accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided that such Party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. k. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of either the Town or the District under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of either the Town or the District within any statutory or constitutional provision. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities that any Party or its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. ATTEST: ATTEST: Tammy Nagel, Deputy Town Clerk ATTEST: EAGLE COUNTY SCHOOL DISTRICT TOWN OF VAIL Patty McKenny, Acting Town Manager VAIL REINVESTMENT AUTHORITY 6 8/10/2017 S:IFINANCEIBUDGETIBUDGET 171TOWN COUNCIL MEMOS & ANAL YSISIRSESIDA-A080917 (2).DOCX August 15, 2017 - Page 88 of 9E II 1 .1 1.1 ..•4• t y• . - •r i ' { 0.. •11 Loa \ \ \ l,�ra 011� '14 ` 1 s gI / 1 �n 1•r / / q LO 4 e •-1 ap (p v N rs N r4 0 a 1 k • s t1 1 0 0 ■ v w 0 7k1 i s om 2 Z1 J August 15, 2017 - Page 89 of 9E Eagle County School District Town of Vail Sub Total Exhibit C Project Budget 1,500,000 12,781,769 14,281,769 Additional Town of Vail for Future Expansion 732,000 15,013,769 Town of Vail Contribution is made up of the following: Vail Resorts Parking Investment 4,300,000 Vail Reinvestment Authority 9,213,769 August 15, 2017 - Page 90 of 9E EXHIBIT D preliminary development schedule Town select building program Execute pre -development agreement with the School District Enter into a design contract with design team Conduct soils and other sub consultant work Design team develops schematic and preliminary designs Pre construction prices both schematic and preliminary designs Town and Eagle County School District resolve project points Final legal document execution (DA) TOV Entitlement Vail Resorts funding commitment PEC final application submittal Construction Documents (CD's) Final CDOT approval Final pricing and contract execution Construction May May May June May -July June -July July August August -September August August July -November September November January -August 2018 August 15, 2017 - Page 91 of 9E TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Update on summer 2017 bus service and summer parking PRESENTER(S): Greg Hall, Director of Public Works ACTION REQUESTED OF COUNCIL: Provide input to the staff with regards to extending the service the remainder of summer 2017. Provide input to staff in preparing the 2018 budget to include for council review. BACKGROUND: The town council directed staff on the initial approval of the expanded summer transit service trial, to return, mid -d summer to provide an update on the usage. STAFF RECOMMENDATION: Staff recommends: 1) further discussing whether to extend the enhanced summer transit service pilot program for additional six weeks from the end of September to the beginning of ski season at a cost of $25,000; and 2) to direct staff to continue the enhanced summer bus service in preparation of the 2018 budget for the 24 week period. ATTACHMENTS: Description Staff Memo August 15, 2017 - Page 92 of 9E TOWN OF VAIL Memorandum TO: Vail Town Council FROM Greg Hall, Director of Public Works and Transportation DATE: August 15, 2017 SUBJECT: Update on summer 2017 bus service and summer parking I. PURPOSE The purpose of this item is to: • Provide Town Council with a mid-season update on the enhanced summer transit service pilot program for 2017 • Provide Town Council with a mid-season update on summer parking for 2017 II. BACKGROUND On April 18, 2017 the Town Council directed staff to implement a modified enhanced summer transit service pilot program for 2017 as initially proposed by the Parking & Transportation Task Force. It was recommended as a 7 -day -a -week pilot program extending from Memorial Day to the end of September as follows: • Increase East Vail service to 30 minute from 7 AM to 6 PM • Increase Sandstone service from 2 hour to 1 hour from 6:40 AM to 6:40 PM • Increase Golf Course service from 2 hour to 1 hour from 8:10 to 5:10 with transition service on either end of less than 2 hours but greater than 1 hour. Two hour service is after 6:40 PM. In recommending the pilot program, staff estimated that ridership would grow by approximately 18,000 riders for the 2017 summer season, a 25 percent increase. The cost of this service is $2,625/week for labor, $1,595/week for bus operation. Service for the 18 weeks from Memorial Day to the end of September is $76,000. To extend the service for an additional 6 weeks to the beginning of ski season, the total expenses for the pilot program would be $101,300. The Task Force had recommended the enhanced transit service pilot program to address the following: • The town has received complaints from citizens regarding the lack of more frequent bus service via the town's citizen surveys and community picnics 1 August 15, 2017 - Page 93 of 9E • Encourage getting people out of their cars and onto the buses as an alternative; however, the message needs to be supported by increased service levels • Reduce vehicle trips and support the town's environmental commitment • East Vail trail areas from hour service to 30 minutes would also help reduce trailhead parking capacity issues • Enhanced summer transit service would also be an added guest amenity for outlying lodging properties in East Vail, Sandstone and the Golf Course areas • Data collected with increased transit service and with ridership numbers to complement the summer parking 2017 data allowing for more informed decision-making for summer 2018 Concerns for not implementing the service were as follows: • Only provide additional service if the town has paid parking • Paid parking is the only driver to increasing bus ridership • The service becomes an entitlement • The town is experiencing revenue shortfalls and now is not the time to increase costs • This discussion should be in the context of the 2018 budget process III. MID SUMMER RIDERSHIP NUMBERS AND PARKING DATA (JUNE AND JULY) The enhanced summer transit service pilot program for 2017 went into effect on Memorial Day May 27, 2017. The actual service enhancements were as follows: • Increased East Vail service to 30 minute from 7 AM to 6 PM • Increased Sandstone Service from 2 hour to 1 hour from 6:40 AM to 7:40 PM and extend the last hour of service by 1 hour to 11:40 • Increased Golf Course service from 2 hour to 1 hour from 8:10 to 5:10 with transition service on either end of less than 2 hours but greater than 1 hour. Two hour service is after 6:40 PM and extends the last hour of service by 1 hour to 10:40. The stats are as follows: Summer bus ridership 2016 2017 Change in Actual Counts Percentage Change June July Total June July Total June July Total June July Total East Vail 10751 14827 25578 12502 18456 30958 1751 3629 5380 16% 24% 21% Ave per day 358 478 419 417 595 508 58 117 88 Sandstone 1964 2636 4600 3909 5037 8946 1945 2401 4346 99% 91% 94% Ave per day 65 85 75 130 162 147 65 77 71 Golf Course 447 611 1058 813 1474 2287 366 863 1229 82% 141% 116% Ave per day 15 20 17 27 48 37 12 28 20 Total Al Routes 13162 18074 31236 17224 24967 42191 4062 6893 10955 31% 38% 35% Ave per day 439 583 512 574 805 692 135 222 180 Summer Parking Update Days on the Frontage Road 5 11 16 4 11 15 -1 0 -1 -20% 0% -6% Days Village Filled 7 12 19 8 14 22 1 2 3 14% 17% 16% Transactions Vail Village 81084 94367 175451 77211 87449 164660 -3873 -6918 -10791 -5% -7% -6% Ave per day 2703 3254 2876 2574 3015 2699 -129 -239 -177 -5% -7% -6% Days Lionshead Filled 15 25 40 4 20 24 -11 -5 -16 -73% -20% -40% Transactions Lionshead 51225 59442 110667 45457 56625 102082 -5768 -2817 -8585 -11% -5% -8% Ave per day 1708 2050 1814 1515 1884 1673 -193 -166 -141 -11% -8% -8% Total Cars Parking/Ford and Road 149544 173313 322857 138594 162883 301477 -10950 -10430 -21380 -7% -6% -7% Ave per day 4985 5976 5293 5617 5254 4942 632 -722 -350 13% -12% -7% 2 August 15, 2017 - Page 94 of 9E The actual incremental cost per rider is $3.36. VII. STAFF RECOMMENDATION Staff recommends: 1) further discussing whether to extend the enhanced summer transit service pilot program for additional six weeks from the end of September to the beginning of ski season at a cost of $25,000; and 2) to direct staff to continue the enhanced summer bus service in preparation of the 2018 budget for the 24 week period. 3 August 15, 2017 - Page 95 of 9E VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 9:15 p.m. BACKGROUND: Adjournment at 8:50 p.m. TOWN Of UAJL August 15, 2017 - Page 96 of 9E