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2018-01-02 Agenda and Supporting Documentation Town Council Evening Meeting
VAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, January 2, 2018 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. DRB/PEC 2.1. DRB / PEC Update 10 min. Presenter(s): Chris Neubecker, Planning Manager 3. Information Updates 3.1. November Sales Tax Memorandum 3.2. October 2017 Vail Business Review Memorandum 3.3. 3rd Quarter Investment Report 3.4. December Revenue Update 5 min. 4. Consent Agenda 4.1. Resolution No. 1, Series of 2018, Resolution Designating a Public Place 5 min. within the Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail 4.2. Resolution No. 2, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Housing and Development Authority Regarding Certain Housing Services to be Provided to the Town of Vail, and Setting Forth Details in Regard Thereto January 2, 2018 - Page 1 of 112 4.3. Minutes from November 21, 2017 meeting 4.4. Minutes from December 5, 2017 meeting 5. Town Manager Report 5.1. Town Manager Report 6. Presentations / Discussion 6.1. Vail Local Housing Authority Semi-annual Vail Housing 2027 Report Update 30 min. Presenter(s): Steve Lindstrom, VLHA Chairman Action Requested of Council: Informational Update Only. Background: In accordance with the Vail Housing 2027 Strategic Plan, adopted September 6, 2016, the Vail Local Housing Authority (VLHA) presents the following summary of progress to date. 7. Action Items 7.1. Resolution No. 3, Series of 2018, A Resolution Setting an Annual Fee for 15 min. the Licensing of Short -Term Rentals; and Setting Forth Details in Regard Thereto. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, approve with amendment and deny Resolution No. 3, Series of 2018. Background: See attached memorandum. 8. Public Hearings 8.1. Ordinance No.17, Series of 2017, Second Reading, Ordinance Amending 15 min. Sections 5-11-7 and 12-11-3 of the Vail Town Code related to vegetation removal for wildfire mitigation purposes. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: Approve, Approve with Conditions or Deny Ordinance No. 17, Series of 2017 on 2nd Reading. Background: This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) permit for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program or through the town's abatement provisions for dangerous or diseased trees. The proposal eliminates the requirement for a DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. Staff Recommendation: The Vail Town Council approved Ordinance No. 17, Series of 2017 on December 19, 2017 by a vote of 5-2-0 (Langmaid and Mason opposed). 8.2. Ordinance No. 22, Series of 2017, Second Reading, Ordinance Amending 5 min. Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking violations Presenter(s): Matt Mire, Town Attorney January 2, 2018 - Page 2 of 112 Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, Series of 2017 upon second reading. Background: Pursuant to C.R.S. § 42-4-111, the Town of Vail (the "Town") is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction. Pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws. 8.3. Ordinance No. 23, Series of 2017, Second Reading, An Ordinance Amending Chapter 9 of Title 1 of the Vail Town Code by the Addition of a New Section 1-9-8(E) Regarding the Use of Collection Agencies to Collect Unpaid Fines and Costs. Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 23, Series of 2017 upon second reading. Background: House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to pay money, failure to appear to pay money, or failure to appear at any post -sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount. The Town of Vail (the "Town") lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters. 9. Matters from Mayor, Council and Committee Reports 10. Adjournment 10.1. Adjournment at 7:30 p.m. 5 min. 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. January 2, 2018 - Page 3 of 112 January 2, 2018 RE: Wildfire mitigation Dear Vail Town Council members: When I read about this in the paper I called all but one of you and actually talked with one person. I contacted several staff members. I gave several suggestions for compromise. I have heard back from no one. Trees in Vail have enjoyed the highest level of protection in Vail since the mid 60's and you are abandoning that to give exclusive power to the fire department. Although I would like to think homeowners will not go blindly along...they will. A uniform is power. Trees are more than just something to spread wildfires. They are a huge visual impact in our community. They lower the impact of climate change, they screen our neighbors, they act as windbreaks and provide shade and act as refuge for wildlife and especially birds. They help clean the air. In my case, they keep cars and golfballs from hitting my house. They give our community a feeling of authenticity and permanence. These are just a few positive impacts they make I know that any recommendation for cutting and clearing to create a defensible zone can be relayed electronically to Community Development (or another designated person) who can probably determine from photographs whether the proposal is overkill or appropriate or needs adjustment. I know from experience that all proposals do not go through DRB now. The decision needs to be based on more than just one view and one set of "facts". I had to deal with an insurance company about a defensible zone and found their attitude outrageous. They did not want to insure me unless my property was all but fireproof. We have a professional fire department with the best equipment money can buy and access to all buildings in Vail. We are not like the examples you were given at the first meeting that were repeated in the paper. If you think this needs to be addressed then address it but not with a knee jerk reaction that is clearly overkill. It is about more than wildfire potential. Unintended consequences include many regulations that conflict with this proposed ordinance which I don't think any thought has been given to. I have attached two articles that you all need to read and refresh your understanding and feelings about Vail the community as a whole and your responsibility to it. Nothing in Vail just happened. We made "rules" to improve and protect our community. We made rules that hurt us as individuals but helped the community as a whole. Can you all say that? Do you share Kerry's feelings? Did you get a lump in your throat when you read her letter? If not you need to rethink what you are doing on council. I am literally broken hearted by things like this. Too many people are not putting the thought necessary for good decision making into the process. "Rules" we put so much effort in to get right are now ignored, changed or rewritten to fit a specific project. The town is quick to give away Vail if a parking space or housing unit is promised. The open spaces and natural environment so essential to our success is under attack and under valued while we brag about our "greenness". Our rules and laws were written to honor our true carrying capacity and protect our environment. Ignoring our carrying capacity is to guarantee our uniqueness, if not our town, will be destroyed. Is it too late now? It sure feels like it with the decisions that are now being made. This letter feels I have gone off the rails but in all reality I believe the uninformed decision makers in Vail and the lack of concern and action by the community of Vail will destroy the Town of Vail before fire can. Thanks for reading this. I am always ready to talk. Diana Donovan Kerry's was a letter to the editor written at the beginning of her senior year 17 years ago. The Parker's Green Speech was written by Bob Parker and read by Guy Parker at the dedication of Parker's Green. Subj: Date: 9/7/0010:16:11 AM Mountain Daylight Time From: cknoc©wiltrail.com (Carolyn Knox) To: sackbauer@aol.com Vail is my home; take care of it Mile I'm away Dear Vail, I thought I would write home. In these days of e-mail, ICQ, and Instant Message, I hardly ever write a letter home. Life here is great. My classes are the most interesting yet, the police found my green bike that 1 though was stolen, and the first football game was Saturday (go Irish). I spent the morning waling through pages of anthropological theory and taking the occasional break to chat with friends about their summers and their futures. It seems that those are the subjects of choice these days. (Bythe way, my summer was one of the best, and the future ... well ... that's another letter). The same conversions from freshman year when we were all just meeting. Everything moves forward; but it is finny how you can make progress yet end where you began. Notre Dame is qute remarkable, fUII of good people and enough legend and lore to last a lifetime. I know 1 will appreciate that in the years to come. It is great to come here from another place, especially when that place is Colorado. It is the classic academic exercise - compare and contrast. Although I have spent so little time at home over the past four years, I know Vail better now than 1 ever have. I love Notre Dame and cannot believe 1 am lucky enough to have spent the past three years here, but I breathe Vail. I dont think my bones are filled with marrow. I think they are filled with snow from Iva, runoff from the Gore, wildflowers and granite, Fourth of July fireworks, golden aspen leaves, cool evenings and starry rights, and sweet peas from my garden. I carrot imagine that after all those summers of being bathed in campfire smoke, coated in garden dirt, and smeared with ranch mud that some of it did not sink through my skin. It is amazing to be from a place where its history is your history. A place Mere eyes still meet and hellos are exchanged. I love that my initials are scratched into the concrete in front of our house and that my brothers' initials are carved into a secret golf course aspen. I love that I know' 'The Moose's Caboose" is really 'The Mug Shop" and that my dad planted that tree. 'That one, right there." I love that we have to grapple with issues such as the rights of scooters and horse carriages. 1 love that I have trouble driving around Notre Dame's campus because I am not used to stoplights. I knave how "Lost Boy" earned its name and where Vail found out that man had landed on the moon. I love that I know what timberline is and that it is a place I frequent. I know what spring water really tastes like and it does not taste like Exian. I love that I spent the summer fly fishing with my dad and riding horses with my. mom. 1 know what a real four-by-four is and on what type of road they really belong. 1 know how to do donuts in snowy parking lots. I can dig a ditch in the mowing and listen to an orchestra that meting. I lone that my legs are still scratched from my summer hikes. I know what a catwalk is and what a snowcat sands like. These are the things that make Vail my home and these are the things that make me. I must admit that there are days in class were 1 have thought more about Vail than the lecture. My notes change from dictation to doodle: columbine, Indian paintbrush and mountain. I wonder were Vail is going and if my kids will one day write me a letter home echoing the same sentiments and if they will overuse the word love as much as I have. At times I am scared and worried. Will Bridge Street still be magical in 20 years? In five years will Vail still be personal? MI there be first homes with neighbors? Will the hills be covered with more private roads than game trails? But then class ends. As 1 walk out of the fake coolness of the classroom, and into the regulated and trimmed outdoors of campus, my bones remind my brain of Varil's splendor. I decide that if our blood does not run green with money and otr hearts are not filled with concrete foundations, and if we grasp onto history with our left hand while clawing for the future with our right, things will be OK. If profits come second to loge, and memories are more convincing than reports, then Vail will always be wonderful. The big problems will be solved just in time for others to appear. Those with the strongest love wail have the strongest hearts and will continue to fight to keep Vail amazing. Their bones are made from the same stuff as Trine and can handle the load. Vail is my home. Those are my mountains, my trees, my flowers, my snowflakes and my stars. They should be yours too. Take care of them while I am gone. That's all for now. Hope all is well on your end. Sincerely, Kerry Donovan P.S., send cookies and an "1 'Heart' Vail" sticker if you see one. A Parker's Green Speech Thank you, Mayor Slifer, Mr Aaron, Mr. Koslof, honored guests ,Ladies and Gentlemen. My father is very sorry not to be here today to accept this honor. As you may have heard, He recently suffered some small strokes, and is unable to travel. He is however, recovering well and sends all of you his best wishes. I am often told that I look like him these days, so I will attempt to fill in for him this morning. First , he wanted to take a moment to remember Pete Seibert, who of course started it all. Then he asked that I read you the following speech, which I have done my best to shorten. Those of you who know him will appreciate that. It is a real honor to be here today, and to be doubly honored by the name of this charming piece of greenery in the midst of modem Vail. Only a few of you, I'm afraid, can appreciate how much this particular spot has changed since the early days of Vail. While I'm honored by this event, what I hope you'll remember is that the creation of Vail was not the work of a few so-called "Pioneers"! Vail was, from the first, a real "pioneer" community. It was the members of this community, along with the valleys original farmers and ranchers, who built Vail, and I'd appreciate it if you'd let me recall a few of those pioneers. That first summer of 1962, it was mostly valley men who had the know-how, guys like Leonard Ruder,Bob Mayne and Ben High. Earl Eaton, who could do a bit of everything, built the lifts, cut trails, and conducted stockholder visits. Ski school director Morrie Shepard became a construction manager. Pete Seibert, of course, oversaw everything; Rod Slifer fought fires, managed Vail's office and named ski trails. Vail pioneered in the ski industry as well. Early Olympic training camps, accessible skiing for families , the first truly international ski races. First comprehensive ski patrol system, slope and trail management. First development of back -bowl, wilderness type skiing. Perfection of slope maintenance equipment and techniques under ex- military hero Bill Brown. Vail's first summer convention was a thousand veterans of the 10"' Mountain Division, organized by their leader Earl Clark, and ably fed by Joe Staufer out of a tiny kitchen. The pioneer spirit was also strong in the creation of the village. Michigan banker Larry Burdick opened his Red Lion restaurant under adverse conditions. Cleveland businessman Dick Hauserman saw the Lodge at Vail project faltering, took over as construction manager, and brought it in on time. Blanche Hauserman, a star skier and fashion model, opened Vail's first, successful ski shop, Vail Blanche. Minnesotan Bob Lazier, spent a couple of cold winters surviving as a ski bum, until he began a successful career as a builder and lodge owner. Gaynor Miller, another ski bum, began by opening a low-cost lodge and became a founder of the Vail Resort Association and Ski Club Vail. Milwaukean Ottie Kuehn opened Vail's first drugstore. Siggi Faller, from an old Kitzbuhel, Austria hotel family, rolled up his sleeves and did it all at the Lodge at Vail. There were many other startling role changes, typical of Vail's early pioneer spirit. John Dobson, a broadcaster, financed the Famous covered bridge built and operated the Covered Bridge store, and became the justly renowned Mayor and promoter of early Vail. Ted Kindel, was our first fire chief, and Mayor, a lodge builder and stalwart pioneer in a dozen ways. Ski Racer Pepi Gramshammer and his wife Sheika , built a famous ski lodge and restauraunt, and became Vail's leading promoters and prominent citizens. Dave and Rene Gorsuch, both U.S. ski team and Olympic stars, matured into nationally ranked ski shop and catelog sales entrepreneurs. Barbara Parker, a housewife and social worker, became Vail's first postmistress, and a founder of Vail's first school. Jim Slevin, a broadway producer, dropped in at Vail and became a lodge manager and businessman. His wife Daphne, an adventuresome Brit, became Pete Seibert's secretary, and moved on to a business and social career. As with any pioneer town, all the early settlers did any job that was necessary in a frontier atmosphere.. They fought fires, plowed roads, rounded up sheep and horses, searched for lost skiers, hammered nails, even confronted criminals. Even then the environment was a paramount issue. A Denver publisher and Vail home owner, Merrill Hastings, confronted the Colorado highway department and prevented the partition of the proposed Eagle's Nest Wilderness. Housewife Diane Donovan faced the U.S. Forest Service and helped to bring about a successful Federal suit against a timber sale in what was to become the Eagle's Nest Wilderness. Local film producer Roger Brown led the fight against the Front Range communities who wanted the Western Slope's plentiful water. Doctor Bob Oden, and later Dr Tom Steinberg and his Nurse Flo, provided able medical expertise. Gordon and Thelma Britton and many others saw to it that Vail had both a charming religious chapel and a state of the art hospital. I'm sure I've forgotten, or left out, many other early pioneer names and personalities. But my point is one I want all of you to remember- Vail was built by a community of pioneers, any one of whom might have their name on this lovely green space. My hope is that present day residents and tourists remember the way Vail got started as a Twentieth Century pioneer town. VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: DRB / PEC Update PRESENTER(S): Chris Neubecker, Planning Manager ATTACHMENTS: Description December 20, 2017 DRB Meeting Results December 25, 2017 PEC Meeting Agenda - Cancelled Meeting TIMM OF9 January 2, 2018 - Page 4 of 112 TOWN Ore) DESIGN REVIEW BOARD December 20, 2017, 3:00 PM Vail Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 2. Project Orientation 2.1. 2:00 PM 3. Site Visits 3.1. Betty Ford Alpine Gardens - 522 South Frontage Road East 3.2. Golden Peak Enterprises LLC - 815 Potato Patch Drive 4. Main Agenda 4.1. DRB17-0539 - Golden Peak Enterprises LLC Conceptual review of an addition Address/Legal Description: 815 Potato Patch Drive/Lot 2, Block 1, Vail Potato Patch Filing 1 Applicant: Golden Peak Enterprises LLC, represented by Pierce Architects Planner: Matt Panfil 4.2. DRB17-0541 - Betty Ford Alpine Gardens Conceptual review of an exterior alteration (shade structure) Address/Legal Description: 522 South Frontage Road East/Unplatted Applicant: Betty Ford Alpine Gardens Planner: Matt Panfil 4.3. DRB17-0542 - Kuelling Residence Conceptual review of a separated primary/secondary residence Address/Legal Description: 4872 Meadow Lane Unit A/Lot 14, Block 7, Bighorn Subdivision 5th Addition Applicant: Christopher Kuelling, represented by KH Webb Architects Planner: Jonathan Spence 5. Staff Approvals 5.1. DRB17-0517 - C&P Ski Co LLC Final review of an addition Address/Legal Description: 1833 Lions Ridge Loop/Lot 4, Block 3, Lion's Ridge Subdivision Filing 3 Applicant: C&P Ski Co LLC, represented by Zehren and Associates Planner: Jonathan Spence 5.2. DRB17-0526 - Lipnick Residence Final review of an exterior alteration (solar) Address/Legal Description: 1255 Westhaven Circle UnitA/Lot45, Glen Lyon January 2, 2018 - Page 5 of 112 Subdivision Applicant: Robert & Janie Lipnick, represented by Active Energies Solar Planner: Matt Panfil 5.3. DRB17-0527 - Ptarmigan Townhomes Final review of an exterior alteration (siding/roofing) Address/Legal Description: 1975 Placid Drive/Lot 29-42, Vail Village West Filing 2 Applicant: Ptarmigan Townhome Association, represented by Ewers Architecture Planner: Chris Neubecker 5.4. DRB17-0530 - Goetz Residence Final review of a change to approved plans (garage door/balcony rail) Address/Legal Description: 1853 Lions Ridge Loop UnitA/Lot 3, Block 3, Lion's Ridge Subdivision Filing 3 Applicant: Raymond H. Goetz Revocable Trust, represented by Victor Mark Donaldson Architects Planner: Jonathan Spence 5.5. DRB17-0533 - Traut Residence Final review of an exterior alteration (window) Address/Legal Description: 1518 Buffehr Creek Road Unit C28/Parcel A, Lion's Ridge Subdivision Filing 2 Applicant: Carol Traut, represented by KCB Construction Inc. Planner: Justin Lightfield 5.6. DRB17-0534 - Galvin Residence Final review of a change to approved plans (roof) Address/Legal Description: 303 Gore Creek Drive Unit 11B/Lot 11, Block 5, Vail Village Filing 1 Applicant: Michael P. Galvin 2014 Family Trust, represented by KH Webb Architects Planner: Jonathan Spence 5.7. DRB17-0535 - Mill Creek Circle LLC Final review of an external alteration (landscaping) Address/Legal Description: 328 Mill Creek Circle/Lot 4, Block 1, Vail Village Filing 1 Applicant: Mill Creek Circle LLC, represented by Ceres Landcare Planner: Jonathan Spence 5.8. DRB17-0536 - Doubletree Hotel Final review of a change to approved plans (entry gate/ADA parking) Address/Legal Description: 2211 North Frontage Road West/Lot 1, Vail Das Schone Filing 3 Applicant: TNREF III Bravo Vail LLC Widewaters Group Inc., represented by Alpine Engineering Planner: Chris Neubecker 5.9. DRB17-0537 - Girardi Residence Final review of a change to approved plans (firepits) Address/Legal Description: 2705 Bald Mountain Road/Lot 7, Block 2, Vail January 2, 2018 - Page 6 of 112 X00A11.1r6let13ge Girardi, represented by Freeman Architects Planner: Jonathan Spence 5.10. DRB17-0538 - Mellgren Residence Final review of a change to approved plans (chimney vent) Address/Legal Description: 4112 Spruce Way/Lot 2, Block 8, Bighorn Subdivision 3rd Addition Applicant: Anders Mellgren, represented by Gold Dust Interiors Planner: Jonathan Spence 5.11. DRB17-0543 - Vail Properties LLC Final review of an exterior alteration (windows) Address/Legal Description: 395 Mill Creek Circle/Lot 19, Block 1, Vail Village Filing 1 Applicant: Vail Properties LLC, represented by Michael Silbert, Architect Planner: Chris Neubecker 5.12. B17-0470 - Town of Vail Final review of an exterior alteration (re -roof) Address/Legal Description: 841 Vail Valley Drive/Unplatted Applicant: Town of Vail, represented by John King Planner: Andy Rogers 5.13. DRB17-0544 - Hitt Residence Final review of an exterior alteration (window) Address/Legal Description: 2119 Chamonix Lane Unit A/Lot 12, Vail Heights Filing 1 Applicant: Lee & Carol Hitt, represented by Home Depot USA Planner: Jonathan Spence The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town Council Chambers. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Design Review Board will consider an item. Please call 970-479-2138 for additional information. Sign language interpretation available upon request with 24-hour notification, dial 711. January 2, 2018 - Page 7 of 112 PLANNING AND ENVIRONMENTAL COMMISSION TBWA OF VAIN December 25, 2017, 1:00 PM Vail Town Council Chambers Meeting Cancelled 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 2. Approval of Minutes 3. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Published in the Vail Daily December 22, 2017 January 2, 2018 - Page 8 of 112 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: November Sales Tax Memorandum ATTACHMENTS: Description November Sales Tax Memorandum TOWN IfO January 2, 2018 - Page 9 of 112 MEMORANDUM December 27, 2017 To: Vail Town Council Kathleen Halloran From: Johannah Richards Re: November 2017 Sales Tax Vail will collect an estimated $25,000 in additional November sales tax to bring collections up to $927,403. November will be down 6.3% or $61,917 from November 2016 and down 6.9% or $69,060 from budget. Current year to date sales tax collected is $21,741,914. Collections are down 0.8% or $180,411 from 2016 and up 0.5% or $110,215 from budget. January 2, 2018 - Page 10 of 11 Month 2006 2007 2008 2009 2010 2011 Town of Vail Sales Tax Worksheet Estimate 12/27/2017 2012 2013 2014 2015 2016 Budget 2017 Collections Budget Variance % Change from 2016 % Change from Budget January 2,597,985 2,783,306 2,976,655 2,619,673 2,564,383 2,795,688 2,855,524 3,145,620 3,483,245 3,696,798 3,738,824 3,711,004 3,724,633 13,629 -0.38% 0.37% February 2,527,130 2,718,643 3,071,615 2,588,889 2,577,360 2,803,136 2,994,580 3,267,351 3,477,419 3,593,947 3,746,055 3,677,917 3,692,013 14,096 -1.44% 0.38% March 2,852,954 2,986,446 3,327,304 2,504,567 2,685,004 3,143,418 3,185,859 3,650,157 3,788,185 4,053,961 4,225,921 3,619,002 3,641,828 22,826 -13.82% 0.63% April 1,280,324 1,330,740 1,098,918 1,235,941 1,156,934 1,191,690 1,183,087 1,069,186 1,280,641 1,370,929 1,089,749 1,288,533 1,385,800 97,267 27.17% 7.55% May 449,283 545,874 622,103 516,150 421,925 473,292 487,739 563,602 607,729 584,454 654,462 670,927 658,889 (12,038) 0.68% -1.79% June 805,362 953,017 918,061 717,233 873,765 895,951 963,143 1,023,801 1,153,247 1,242,400 1,318,092 1,351,149 1,389,396 38,247 5.41% 2.83% July 1,255,243 1,265,781 1,397,842 1,121,860 1,228,767 1,481,329 1,573,499 1,654,161 1,829,102 1,937,989 2,053,773 2,105,358 2,214,787 109,429 7.84% 5.20% August 1,055,614 1,162,746 1,349,795 1,068,391 1,147,352 1,310,471 1,380,710 1,507,048 1,674,813 1,702,579 1,849,815 1,896,301 1,863,086 (33,215) 0.72% -1.75% September 832,549 908,318 834,569 753,754 761,425 889,945 978,037 994,135 1,054,015 1,240,277 1,349,929 1,383,919 1,384,094 175 2.53% 0.01% October 614,396 688,519 662,767 581,033 594,362 623,420 644,577 755,133 752,295 835,649 906,385 931,126 859,985 (71,141) -5.12% -7.64% November 799,582 747,877 719,109 651,873 701,075 788,430 825,873 947,627 962,344 997,100 989,320 996,463 927,403 (69,060) -6.26% -6.93% Total 15,070,422 16,091,267 16,978,738 14,359,364 14,712,352 16,396,770 17,072,628 18,577,821 20,063,035 21,256,083 21,922,325 21,631,699 21,741,914 110,215 -0.82% 0.51% December 2,771,258 2,821,871 2,652,628 2,553,974 2,963,763 3,184,645 2,973,826 3,422,178 3,818,096 3,885,849 3,840,919 3,903,301 Total 17,841,680 18,913,138 19,631,366 16,913,338 17,676,115 19,581,415 20,046,454 21,999,999 23,881,131 25,141,932 25,763,244 25,535,000 January 2, 2018 - Page 11 of 112 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: October 2017 Vail Business Review Memorandum ATTACHMENTS: Description October 2017 Vail Business Review Memorandum TIMM OF9 January 2, 2018 - Page 12 of 11 TOWN OF VAIL 75 South Frontage Road West Vail, Colorado 81657 vailgov.com Vail Business Review October 2017 December 27, 2017 Finance Department 970.479.2100 970.479.2248 fax The Vail Business Review breaks down the four percent sales tax collected for the month of October 2017 and the summer collections of May through October. Overall October sales tax decreased 5.7% with retail decreasing 10.9%, lodging decreased 6.7%, food and beverage increased 4.0%, and utilities/other decreased by 8.1 %. Excluding the out of town category; sales tax for the month of October was down 1.8%. Summer sales tax collections increased 2.8% with retail increasing 0.1 %, lodging increased 7.0%, food and beverage increased 7.2%, and utilities/other decreased by 10.0%. Excluding the out of town category; summer sales tax collections is up 5.8%. Electronic filing and payment of Vail sales tax is now an option. Please visit www.vailoov.com/epav Town of Vail sales tax forms, the Vail Business Review and sales tax worksheets are available on the internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vailgov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125 or Kathleen Halloran at (970) 479-2116. Sincerely, Johannah Richards Sales Tax Administrator January 2, 2018 - Page 13 of 11 TOW I OF VAIL October TOWN OF VAIL BUSINESS REVIEW Sales Tax Newsletter October 2017 Sales Tax October 2016 Collections October 2017 Collections October Change VAIL VILLAGE Retail Lodging F&B Other Total LIONSHEAD Retail Lodging F&B Other 117,370 89,990 159,787 11,466 378,613 21,276 68,534 56,075 4,656 115,586 103,631 181,785 2,632 403,633 22,271 52,134 38,620 4,959 -1.52 % 15.16 % 13.77 - 77.05 % 6.61 % 4.68 % - 23.93 % - 31.13 % 6.52 Total 150,541 117,985 -21.63 % CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL Retail 102,422 101,931 -0.48 % Lodging 24,898 14,806 -40.53 % F & B 26,704 31,862 19.32 % Other 5,153 5,524 7.20 % Total 159,177 154,123 -3.17 % OUT OF TOWN Retail 121,282 82,994 -31.57 % Lodging 3,292 3,586 8.92 F&B 16 113 594.35% Utilities & Other 99,168 97,551 -1.63 % Total 223,759 184,245 -17.66 % 12/27/2017 12:28:03 PM emGovPower Page 1 of 2 January 2, 2018 - Page 14 of 11 October TOWN OF VAIL BUSINESS REVIEW TOWN OF UAL Sales Tax Newsletter October 2017 Sales Tax TOTAL October 2016 Collections October 2017 Collections October 0/U Change Retail Lodging And Property Mgmt Food and Beverage Other Total 362,350 186,714 242,582 120,444 912,089 322,783 174,157 252,380 110,666 859,985 RETAIL SUMMARY - 10.92 % - 6.73 % 4.04 % - 8.12 % -5.71 % October 2016 Collections October 2017 Collections October °/0 Change RETAIL -FOOD RETAIL -LIQUOR RETAIL -APPAREL RETAIL -SPORT RETAIL -JEWELRY RETAIL -GIFT RETAIL -GALLERY RETAIL -OTHER RETAIL -HOME OCCUPATION Total 81,719 23,730 56,414 46,446 10,349 2,898 3,286 137,471 37 362,350 84,871 24,763 58,866 41,840 8,144 1,589 829 101,881 0 322,783 3.86 4.35 4.35 - 9.92 % - 21.31 % - 45.18 % - 74.78 % - 25.89 % -100.00 % -10.92 % 12/27/2017 12:28:03 PM emGovPowe r Page 2 of 2 January 2, 2018 - Page 15 of 11 TOTAL October 2016 Collections October 2017 Collections October 0/U Change Retail Lodging And Property Mgmt Food and Beverage Other Total 362,350 186,714 242,582 120,444 912,089 322,783 174,157 252,380 110,666 859,985 RETAIL SUMMARY - 10.92 % - 6.73 % 4.04 % - 8.12 % -5.71 % October 2016 Collections October 2017 Collections October °/0 Change RETAIL -FOOD RETAIL -LIQUOR RETAIL -APPAREL RETAIL -SPORT RETAIL -JEWELRY RETAIL -GIFT RETAIL -GALLERY RETAIL -OTHER RETAIL -HOME OCCUPATION Total 81,719 23,730 56,414 46,446 10,349 2,898 3,286 137,471 37 362,350 84,871 24,763 58,866 41,840 8,144 1,589 829 101,881 0 322,783 3.86 4.35 4.35 - 9.92 % - 21.31 % - 45.18 % - 74.78 % - 25.89 % -100.00 % -10.92 % 12/27/2017 12:28:03 PM emGovPowe r Page 2 of 2 January 2, 2018 - Page 15 of 11 Summer TOWN OF VAIL BUSINESS REVIEW TOM OF VAIL Sales Tax Newsletter Summer 2017 Sales Tax Summer 2016 Collections Summer 2017 Collections Summer Change VAIL VILLAGE Retail 1,116,845 1,218,443 9.10 % Lodging 1,109,193 1,252,925 12.96 F & B 1,641,183 1,767,363 7.69 % Other 75,592 36,854 -51.25 % Total 3,942,813 4,275,585 8.44 % LIONSHEAD Retail 276,165 280,337 1.51 % Lodging 687,920 714,016 3.79 % F & B 436,019 444,965 2.05 % Other 30,259 35,488 17.28 Total 1,430,363 1,474,806 3.11 CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL Retail 790,289 794,450 0.53 % Lodging 206,395 174,757 -15.33 % F & B 213,028 242,357 13.77 % Other 40,417 42,464 5.07 Total 1,250,128 1,254,028 0.31 % OUT OF TOWN Retail 789,641 683,009 -13.50 % Lodging 47,957 52,502 9.48 F & B 5,408 6,136 13.45 Utilities & Other 674,880 624,076 -7.53 % Total 1,517,886 1,365,724 -10.02 % 12/27/2017 12:28:52 PM emGovPower Page 1 of 2 January 2, 2018 - Page 16 of 11 Summer TOWN OFTOWN OF VAIL BUSINESS REVIEW VAIL Sales Tax Newsletter Summer 2017 Sales Tax TOTAL Summer 2016 Collections Summer 2017 Collections Summer Change Retail 2,972,939 2,976,240 0.11 % Lodging And Property Mgmt 2,051,465 2,194,201 6.96 % Food and Beverage 2,295,638 2,460,821 7.20 % Other 821,148 738,893 -10.02 % Total 8,141,190 8,370,154 2.81 % RETAIL SUMMARY Summer Summer Summer 2016 2017 % Collections Collections Change RETAIL -FOOD 652,994 668,889 2.43 % RETAIL -LIQUOR 207,736 216,941 4.43 % RETAIL -APPAREL 587,181 614,159 4.59 % RETAIL -SPORT 424,245 431,900 1.80 RETAIL -JEWELRY 108,258 109,847 1.47 % RETAIL -GIFT 28,315 27,803 -1.81 RETAIL -GALLERY 19,624 13,216 -32.65 % RETAIL -OTHER 944,386 893,297 -5.41 RETAIL -HOME OCCUPATION 200 188 -6.04 % Total 2,972,939 2,976,240 0.11 % 12/27/2017 12:28:52 PM emGovPowe r Page 2 of 2 January 2, 2018 - Page 17 of 11 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 3rd Quarter Investment Report ATTACHMENTS: Description 2017 3rd Qrt Investment Report TOWN IfO January 2, 2018 - Page 18 of 11 TOWN OF VAIL MEMORANDUM TO: Greg Clifton Council Members FROM: Carlie Smith DATE: 3rd Qrtr 2017 RE: Investment Report Enclosed is the investment report with balances as of September 30, 2017. The estimated average yield for the pooled cash fund is 0.91 %. As of 09/30/2017, the Treasury yield curves for 3 months, 6 months, and 1 year are 1.06%, 1.20%, and 1.31% respectively. Since the November Presidential election, the Treasury rates have surged. The town has maintained a higher cash balance, earning lower interest rates, in order to fund budgeted capital projects. Throughout this current year, the town will continue a similar strategy to fund the Chamonix Housing Development. Upon the sales of those units in 2018, the reserves will be replenished and longer term investments can be considered. Our investment mix follows the policy objectives of safety, liquidity, and yield in that order. 2017 3rd Qtr Investment Mix $80.5M Gov't Cash $28.9M, , Securities 36% / $29.2M, 36% Colorado Investment Pool $12.7M, 16% CD's $9.7M, 12% There were no changes to investment products or banking institutions. Please call me if you have any questions. January 2, 2018 - Page 19 of 11 Cash Commercial Banks Money Market Funds Total Cash Town of Vail, Colorado Investment Report Summary of Accounts and Investments As of 09/30/2017 2017 Balances Percentage of Total $28,283,058 $608,909 35.16% 0.76% $28,891,967 35.92% U.S. Government Securities (see page 4) Government Agency Seurities -Piper Jaffray $18,111,841 22.51% FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana $11,076,049 13.77% Total Government Securities $29,187,890 36.28% Certificates of Deposit $9,725,157 12.09% Colorado Investment Pools $12,645,932 15.72% Total Portfolio $80,450,947 100.0% Maturing Within 12 Months Maturing Within 24 Months Maturing After 24 Months 45,795,870 2,204,461 32,450,616 56.92% 2.74% 40.34% 80,450,947 100.0% January 2, 2018 - Page 20 of 11 Performance Summary as of 09/30/2017 Institution Type of Accounts "CASH" ACCOUNTS Commercial Bank Accounts: Average Balances Return 09/30/17 First Bank of Vail - Operating Interest 0.080% $26,893,345 Alpine Bank $1,389,713 Money Market Accounts: Schwab Institutional Money Market Fund - Dana Investments Interest and Balance Vail Super Now Public Funds Account - Piper Jaffray Interest and Balance 0.770% $493,880 0.000% $115,029 Total Money Market Funds $608,909 Total "Cash" Accounts $28,891,967 GOVERNMENT SECURITIES (see pg 5) Government Agency Seurities -Piper Jaffray FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana 1.46% $18,111,841 1.91% $ 11,076,049 $ 29,187,890 Total Government Securities $ 29,187,890 1st Bank, Vail Colorado (#5734) Matures September 14, 2022 1.510% 1,062,284 1st Bank, Vail Colorado (#1992) Matures Nov 23, 2020 0.700% 1,132,466 1st Bank, Vail Colorado (#3421) Matures Mar 17, 2021 0.700% 1,143,848 1st Bank, Vail Colorado (#4290) Matures Sept 29, 2021 0.700% 1,098,450 1st Bank, Vail Colorado (#4754) Matures Dec 28, 2021 0.700% 1,096,556 1st Bank, Vail Colorado (#5319) Matures May 21, 2018 0.300% 1,536,592 1st Bank, Vail Colorado (#9497) Matures Nov 19, 2019 0.900% 1,218,063 1st Bank, Vail Colorado (#9500) Matures Nov 18, 2019 0.900% 1,081,025 Piper Jaffray 254672RY6 Matures July 15, 2020 2.270% 148,739 Piper Jaffray 02587CFU9 Matures Aug 29, 2022 2.380% 207,135 9,725,157 Total Certificates of Deposit $ 9,725,157 LOCAL GOVERNMENT INVESTMENT POOLS Colotrust General Fund Interest 0.960% $12,645,932 Total Local Government Investment Pools Accounts $12,645,932 Total All Accounts $80,450,947 January 2, 2018 - Page 21 of 11 9/30/2017 Agency ***Federal Agency FFCB 3133EC5A8 FFCB 3133EC7B4 FHLB 313383HQ7 FHLB 313383JQ5 FHLB 3130A6K89 FHLMC 313G9SK4 FNMA 3136G3JA4 FFCB 3133EGAZ8 FHLMC 3134GA4W1 FHLMC 3133EFZ91 FNMA 3136G3Z32 FFCB 3133EGLH6 FHLMC 3134GBYF3 FHLB 3130A8Q22 FNMA 3136G3S55 FHLB 3130A8ZB2 FNMA 3136G3Y25 FFCB 3133EGAH8 FFCB 3133EGYB5 FHLB 3130A9XN6 FHLB330AAEK0 Broker Discount Notes & Agency ***FNMA'S, ARM'S SBA 502647 SBA 521683 SBA 508940 SBA 508634 SBA 509634 SBA 509701 SBA 509977 SBA 505536 GNMA 8417 GNMA 8703 GNMA 8720 GNMA 8788 GNMA 80426 GNMA 80696 GNMA 80710 GNMA 82759 GNMA 80593 GNMA 82382 GNMA 1303 FNMA 850125 FNMA 422251 FNMA 520790 FNMA 546468 FNMA 535326 FNMA 323798 FNMA 567875 FNMA 593941 FNMA 545057 FNMA 650970 FNMA 555378 FNMA 709092 FNMA 723661 FNMA 761737 FNMA 725462 FNMA 745160 FNMA 791573 FNMA 888321 FNMA 849207 Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Piper Jaffray Broker & SBA'S*** Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Pooled - Dana Government Securities as of 09/30/2017 Int Rate Purchase Coupon Yield Date Maturity to Maturity Market Date at Purchase Value Bonds*** 0.870% 0.870% 1/28/2012 11/27/2017 5.8 $499,840 0.840% 0.840% 1/29/2012 12/13/2017 5.9 $599,682 1.200% 1.190% 2/2/2012 6/27/2018 6.4 $620,174 1.250% 1.250% 2/2/2012 6/27/2018 6.4 $329,881 1.050% 1.060% 10/05/15 10/05/18 3.0 $557,659 1.500% 1.500% 6/30/2016 6/30/2020 4.0 $894,456 1.550% 1.580% 04/28/16 10/28/20 4.5 $1,372,266 1.580% 1.590% 05/17/16 02/17/21 4.8 $991,390 2.000% 2.000% 02/28/17 02/24/21 4.0 $0 1.620% 1.630% 04/12/16 04/12/21 5.0 $1,385,132 1.200% 1.210% 08/24/16 02/24/20 3.5 $1,484,220 1.420% 1.430% 07/12/16 01/12/21 4.5 $1,481,160 1.800% 1.800% 07/27/17 01/27/21 3.5 $548,251 1.440% 1.480% 07/19/16 07/19/21 5.0 $1,451,670 1.520% 1.560% 07/28/16 07/28/21 5.0 $776,568 1.410% 1.450% 08/18/16 08/18/21 5.0 $872,829 1.500% 1.540% 08/25/16 08/25/21 5.0 $873,486 1.550% 1.580% 05/17/16 05/17/21 5.0 $985,680 1.540% 1.580% 10/12/16 10/12/21 5.0 $1,263,938 1.625% 1.660% 11/26/16 11/26/21 5.0 $974,300 2.020% 2.030% 12/27/16 12/27/21 5.0 $149,259 Average Yield 1.46% $18,111,841 Days/Years Interest Rate Purchase Maturity to Maturity Market Coupon Yield Date Date at Purchase Value 3.975% 5.0% 1 -Jul -94 25 -Jun -19 25.0 $1,851 4.540% 5.1% 25 -Aug -21 121.7 $129,372 2.575% 3.4% 6 -May -11 25 -Jun -30 19.2 $147,809 2.250% 3.1% 2 -Feb -15 25 -Feb -40 25.1 $134,975 3.250% 3.0% 24 -Aug -17 25 -Feb -40 $204,053 1.500% 2.4% 25 -Jul -40 140.7 $223,247 2.400% 2.6% 25 -Mar -42 142.3 $409,280 3.125% 4.0% 1 -Aug -01 25 -Jun -26 125.0 $12,392 4.000% 4.0% 1 -Oct -88 20 -Oct -18 30.1 $164 1.875% 2.1% 1 -Sep -95 20 -Sep -25 30.1 $381 1.625% 2.2% 30 -Sep -95 20 -Oct -25 30.1 $422 1.750% 2.3% 1 -Jan -96 20 -Jan -26 30.1 $285 1.875% 2.1% 21 -Jul -00 20 -Jul -30 130.1 $3,125 1.750% 2.5% 23 -May -11 20 -May -33 22.0 $143,608 1.875% 2.0% 1 -Jul -03 20 -Jul -33 130.1 $3,866 1.750% 2.3% 20 -Mar -12 20 -Mar -41 29.0 $119,423 1.750% 2.5% 20 -Apr -12 20 -Apr -32 20.0 $1,740 1.875% 2.0% 30 -Sep -13 20 -Sep -39 26.0 $76,612 2.000% 2.1% 30 -Sep -13 20 -Sep -43 30.0 $78,527 2.455% 3.2% 1 -May -09 1 -Sep -35 126.4 $14,772 2.499% 3.0% 1 -Dec -95 1 -Jan -21 25.1 $1,683 2.544% 3.0% 1 -Jun -00 1 -Apr -28 127.9 $3,049 2.490% 3.1% 24 -May -00 1 -Apr -28 127.9 $1,045 2.332% 2.9% 26 -Jun -00 1 -Jun -28 128.0 $926 2.354% 2.7% 1 -Dec -99 1 -May -29 29.4 $546 2.679% 3.1% 1 -Dec -00 1 -Sep -30 129.8 $1,134 1.974% 2.8% 1 -Dec -01 1 -Dec -30 129.1 $4,113 2.384% 2.8% 1 -May -01 1 -May -31 130.1 $257 2.385% 3.1% 1 -Aug -01 1 -Jul -32 131.0 $1,630 2.385% 2.8% 14 -May -08 1 -Apr -33 24.9 $28,964 2.316% 3.0% 1 -Jun -03 1 -Jul -33 130.2 $8,572 2.375% 3.0% 1 -Jul -03 1 -Jul -33 130.1 $677 2.467% 2.7% 16 -May -05 1 -Dec -33 128.6 $4,647 1.944% 2.4% 1 -Apr -04 1 -Jan -34 129.8 $7,056 2.420% 2.9% 1 -Dec -05 1 -Mar -34 128.3 $9,117 2.420% 3.1% 1 -Jul -04 1 -Aug -34 130.2 $1,440 2.383% 2.8% 1 -Mar -07 1 -Aug -34 1.996% 2.3% 1 -Jan -06 1 -Jan -36 27.4 $8,786 30.0 $4,174 January 2, 2018 - Page 22 of 11 9/30/2017 Government Securities as of 09/30/2017 Int Rate Agency Broker Coupon FNMA 888710 Pooled - Dana 2.496% FNMA 893933 Pooled - Dana 2.472% FNMA 555624 Pooled - Dana 2.401% FNMA 735967 Pooled - Dana 2.494% FNMA 888386 Pooled - Dana 2.420% FNMA 888618 Pooled - Dana 2.457% FNMA 995451 Pooled - Dana 2.442% FNMA 557073 Pooled - Dana 1.643% FNMA 110540 Pooled - Dana 2.674% FNMA 327446 Pooled - Dana 3.170% FNMA 555921 Pooled - Dana 2.750% FNMA 868877 Pooled - Dana 2.543% FNMA 701045 Pooled - Dana 2.297% FNMA 848390 Pooled - Dana 2.086% FNMA 844148 Pooled - Dana 2.263% FNMA 748087 Pooled - Dana 2.455% FNMA 851297 Pooled - Dana 2.555% FNMA AC0038 Pooled - Dana 2.033% FMNA BM1087 Pooled - Dana 1.848% FNMA AL9205 Pooled - Dana 2.056% FNMA AL8786 Pooled - Dana 3.024% FNMA AL8883 Pooled - Dana 2.002% FNMA AL9157 Pooled - Dana 2.018% FNMA AL9298 Pooled - Dana 1.996% FNMA AL9645 Pooled - Dana 2.004% FNMA AV9481 Pooled - Dana 1.919% FHLMC 865469 Pooled - Dana 2.969% FHLMC 645235 Pooled - Dana 2.215% FHLMC 846784 Pooled - Dana 2.434% FHLMC 846956 Pooled - Dana 2.680% FHLMC 847166 Pooled - Dana 2.497% FHLMC 847359 Pooled - Dana 2.512% FHLMC 782526 Pooled - Dana 2.375% FHLMC 848000 Pooled - Dana 2.480% FHLMC 847629 Pooled - Dana 2.560% FHLMC 865127 Pooled - Dana 3.060% FHLMC 865476 Pooled - Dana 2.806% FHLMC 847427 Pooled - Dana 2.469% FHLMC 1G1840 Pooled - Dana 2.625% FHLMC 163063 Pooled - Dana 2.520% FHLMC 847058 Pooled - Dana 2.500% FHLMC 167033 Pooled - Dana 2.415% FHLMC 611384 Pooled - Dana 2.578% FHLMC 849674 Pooled - Dana 2.082% FHLMC 260155 Pooled - Dana 2.300% FHLMC 260875 Pooled - Dana 2.021% FHLMC 849824 Pooled - Dana 2.563% FHLMC 849422 Pooled - Dana 2.066% FHLMC 840287 Pooled - Dana 2.166% FHLMC 840274 Pooled - Dana 2.315% FHLMC 840537 Pooled - Dana 1.770% FHLMC 840329 Pooled - Dana 2.673% FHLMC 849810 Pooled - Dana 2.282% FHLMC 840551 Pooled - Dana 2.464% FHLMC 849313 Pooled - Dana 2.020% FFCB Fixed rate agency 3133EHYI1 1.590% FHLMC Fixed rate agency 3137EADP1 0.875% FHLB Fixed Rate Agency 3130A6KH9 1.190% FHLB Fixed Rate Agency 3130ABMU7 1.630% FMNA Fixed Rate Agency 3135G0K85 1.400% FHLMC Step Coupon Agency 3134GAUY8 0.750% FHLMC Step Coupon Agency 3134G9J81 0.880% FMNA Step Coupon Agency 3134GBA93 1.500% Corp Financials 45905U7J7 1.650% Accrued Interest Income Receivable Average Yield Purchase Maturity to Maturity Market Yield Date Date at Purchase Value 2.9% 1 -Sep -07 1 -Jul -36 28.9 $15,214 2.9% 1 -Sep -06 1 -Oct -36 30.1 $5,425 2.7% 1 -Jun -03 1 -Mar -38 134.8 $2,406 2.7% 1 -Sep -05 1 -Mar -38 132.6 $4,675 2.9% 1 -Apr -07 1 -Mar -38 131.0 $23,920 2.8% 1 -Jul -07 1 -Mar -38 130.8 $8,813 3.0% 12 -Feb -09 1 -Mar -38 29.1 $21,318 2.2% 1 -Sep -00 1 -Jun -40 139.8 $2,560 3.2% 1 -Nov -90 1 -May -20 29.5 $1,290 3.5% 1 -Oct -95 1 -Aug -22 26.9 $40 2.9% 1 -Sep -12 1 -Sep -35 23.0 $9,850 2.9% 1 -Apr -06 1 -Apr -36 30.0 $4,585 3.3% 1 -Apr -03 1 -Apr -33 30.0 $38,079 2.5% 12 -Feb -09 1 -Dec -35 26.8 $12,649 2.6% 1 -Oct -05 1 -Nov -35 30.1 $11,999 3.2% 1 -Sep -10 1 -Sep -33 23.0 $32,404 3.0% 3 -May -11 1 -Sep -35 24.3 $94,323 2.9% 24 -May -11 1 -Sep -38 27.3 $71,514 1.9% 1 -Dec -43 144.0 $308,440 3.2% 31 -Oct -16 1 -Apr -44 27.4 $188,862 2.9% 29 -Jul -16 1 -May -44 27.8 $335,348 2.4% 22 -Aug -16 1 -Jul -44 27.9 $224,112 2.4% 1 -Jul -44 144.6 $243,118 2.4% 1 -Jul -44 144.6 $309,687 2.4% 21 -Feb -17 1 -Jul -44 27.4 $335,259 2.7% 1 -Jul -14 1 -Jul -43 29.0 $139,392 3.0% 1 -Dec -95 1 -Aug -25 29.7 $220 2.7% 1 -Jul -00 1 -Mar -29 128.8 $1,757 2.9% 1 -Jul -00 1 -May -29 128.9 $747 3.0% 1 -Nov -01 1 -Nov -31 130.1 $788 3.1% 1 -Jul -03 1 -Aug -33 130.2 $2,129 2.8% 1 -Dec -04 1 -Dec -34 130.1 $1,393 2.8% 1 -Apr -05 1 -Apr -35 30.0 $29,187 2.8% 1 -Sep -08 1 -Feb -36 27.4 $23,298 2.9% 1 -Oct -06 1 -Sep -36 29.9 $4,762 3.1% 1 -Aug -89 1 -Mar -19 29.6 $10 3.2% 1 -Apr -96 1 -Feb -36 39.9 $444 3.3% 1 -Jul -05 1 -Sep -34 29.2 $3,432 3.3% 1 -Feb -06 1 -Nov -35 29.8 $2,214 3.5% 1 -Aug -06 1 -Aug -36 30.0 $17,746 3.1% 1 -Aug -02 1 -Aug -32 30.0 $9,004 3.3% 25 -May -11 1 -Sep -35 24.3 $37,975 2.7% 11 -Feb -05 1 -Dec -32 127.9 $7,139 3.1% 1 -Nov -42 142.9 $83,437 3.4% 21 -Dec -15 1 -Jan -42 26.0 $134,606 2.7% 28 -Oct -16 1 -Oct -42 25.9 $275,484 3.4% 21 -Dec -15 1 -Feb -43 27.1 $155,977 2.6% 1 -Feb -43 143.2 $89,820 2.9% 1 -Jun -16 1 -Jun -43 27.0 $247,137 3.1% 1 -Jul -43 143.6 $206,404 1.7% 21 -Feb -17 1 -Jul -43 26.4 $428,792 2.6% 22 -Sep -16 1 -Feb -44 27.4 $315,188 3.0% 1 -Oct -44 144.9 $130,646 2.4% 1 -Mar -45 145.3 $343,999 2.8% 1 -Jun -14 1 -Feb -43 28.7 $72,143 1.6% 14 -Sep -17 14 -Sep -20 3.0 $497,977 0.9% 1 -Jun -14 7 -Mar -18 3.8 $399,376 1.2% 14 -Jan -19 119.1 $497,575 1.6% 30 -Jun -17 26 -Jun -20 3.0 $498,601 1.4% 13 -Jun -19 119.5 $498,741 0.9% 3 -Nov -16 26 -Oct -18 2.0 $249,684 1.3% 14 -Jul -16 14 -Jul -19 3.0 $398,777 1.5% 3 -Aug -17 3 -Aug -21 4.0 $498,886 1.6% 29 -Jul -17 5 -Oct -20 3.2 $399,128 1.9% $32,709 $239,716 1.91% 11,076,049 January 2, 2018 - Page 23 of 11 9/30/2017 Government Securities as of 09/30/2017 Int Rate Purchase Maturity to Maturity Market Agency Broker Coupon Yield Date Date at Purchase Value Total $29,187,890 January 2, 2018 - Page 24 of 11 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: December Revenue Update ATTACHMENTS: Description December Revenue Update TOWN Of9 January 2, 2018 - Page 25 of 11 TOWN OF VAIL REVENUE UPDATE January 2, 2018 Sales Tax Upon receipt of all sales tax returns, November collections are estimated to be $927,403 down 6.3% from last year and down 6.9% compared to budget. Year to date collections of $21,741,914 are down 0.8% from prior year and up 0.5% from budget. Inflation as measured by the consumer price index was up 2.2% for November. Real Estate Transfer Tax (RETT) RETT collections through December 26 total $6,165,393 down 9.9% from this time last year due to the sale of the Four Seasons during December 2016. The annual 2017 RETT budget totals $5.85 million. Construction Use Tax Use Tax collections through December 26 total $1,764,810 down 1.5% compared to collections of $1,791,542 from this time last year. The annual budget totals $1,545,000. Parking Revenue Season to date: Pass sales from November through December 26 total $1,014,405, up 24.4% from prior winter season. Daily sales from the parking structures from November through December 25 total approximately $347,824, down 49.2% from the prior winter season as a result of the low snow fall in early season. Together, daily and pass sales from November through December 26 total $1,362,229, down 9.2% from the prior winter season. Summary Across all funds, year-to-date total revenue of $54.2 million is flat with the amended budget and down 3.0% from prior year. The majority of the difference is related to decreased daily parking sales, lower housing fee -in -lieu collections, and the real estate transfer tax received for the sale of the Four Seasons in December 2016. January 2, 2018 - Page 26 of 11 TOWN Of UAJL VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 1, Series of 2018, Resolution Designating a Public Place within the Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail ATTACHMENTS: Description Resolution No. 1 Series of 2018 January 2, 2018 - Page 27 of 11 RESOLUTION NO. 1 SERIES OF 2018 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL WHEREAS, Section 24-6-402(2)(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of January, 2018. TOWN OF VAIL Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 1, Series of 2018 January 2, 2018 - Page 28 of 11 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 2, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Housing and Development Authority Regarding Certain Housing Services to be Provided to the Town of Vail, and Setting Forth Details in Regard Thereto ATTACHMENTS: Description Staff Memorandum Resolution No. 2, Series of 2018 January 2, 2018 - Page 29 of 11 TOWN OF VAIL. Memorandum To: Vail Town Council From: George Ruther, Community Development Director Date: January 2, 2018 Subject: Resolution No. 2, Series of 2018 I. Purpose The purpose of this memorandum is provide a brief background and context for Resolution No. 2, Series of 2018. In summary, Resolution No. 2, Series of 2018 is a resolution directing the Town Manager to sign a second amendment to an existing Intergovernmental Agreement with the Eagle County Housing and Development Authority for certain housing -relating services. The Agreement outlines both the scope of services provided by the County, as well as the fees to be paid by the Town of Vail for said services. In short, Eagle County will be providing the following services: • real estate sales of existing deed restricted homes, • resale lottery process assistance, and, • information sharing (Vail InDEED, home buyer education, personal finance, budgeting, etc.) and meeting participation through The Valley Home Store. Eagle County is no longer being asked to assist with EHU compliances efforts on behalf of the Town. That work can now be completed internally without additional outside support. The total cost of these services shall not exceed $9,100, as outlined in the Resolution. This cost is included in the 2018 Budget. Historically, the Town of Vail has relied upon assistance from Eagle County for certain housing related services. For the past two years, due to a shortage in staffing levels, an interest in regional collaboration on housing issues, and the desire to avoid redundant efforts and increase efficiencies, support was needed. Should circumstances change during the term of the Agreement, the Agreement can be terminated with 30 days written notice from either party, with or without cause. January 2, 2018 - Page 30 of 11 RESOLUTION NO. 2 Series 2018 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY REGARDING CERTAIN HOUSING SERVICES TO BE PROVIDED TO THE TOWN OF VAIL; 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 Eagle County Housing and Development Authority (the "ECHDA") was formed to address the lack of affordable housing with participation from the public and private sectors throughout Eagle County; WHEREAS, the Town and ECHDA entered in an agreement dated May 31, 2016 outlining the services the ECHDA would perform and the compensation for such services; WHEREAS, the purpose of the Intergovernmental Agreement (the "IGA") is to modify 2018 services to be provided, prescribe a not to exceed amount for compensation and to extend the term of the agreement for an additional year; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to enter into this IGA. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Council hereby approves the IGA and directs the Town Manager to enter into the IGA on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 2nd day of January, 2018. ATTEST: Patty McKenny, Town Clerk Dave Chapin, Town Mayor January 2, 2018 - Page 31 of 11; EXHIBIT A SECOND AMENDMENT TO AGREEMENT BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND THE TOWN OF VAIL THIS SECOND AMENDMENT ("Second Amendment") is effective as of the 5th day of January , 2018 by and between the Town of Vail, a municipal corporation (hereinafter "Town") and Eagle County Housing and Development Authority, a body corporate and politic (hereinafter "ECHDA"). RECITALS WHEREAS, ECHDA and Town entered into an agreement dated the 31st day of May, 2016, for certain Services (the "Original Agreement"); and WHEREAS, the Original Agreement contemplated that ECHDA would perform certain Services for Town with compensation in an amount equal to $9,100 plus 2% of the deed restricted sales that ECHDA completes; and WHEREAS, the ECHDA and Town desire to modify 2018 Services for compensation as set forth below; and WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2017, and the parties desire to extend the term for an additional year. SECOND AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: 1. The Original Agreement shall be amended to include 2018 Services as described in Exhibit 1, which is attached hereto and incorporated herein by reference. 2. The compensation for the 2018 Services set forth in Exhibit 1 shall not exceed $9,100 plus 2% of the deed restricted sales that ECHDA completes. 3. The term of the Original Agreement is hereby extended to the 31st day of December, 2018. 4. Capitalized terms in this Second Amendment will have the same meaning as in the Original Agreement. To the extent that the terms and provisions of the Second Amendment conflict with, modify or supplement portions of the Original Agreement, the terms and provisions contained in this Second Amendment shall govern and control the rights and obligations of the parties. January 2, 2018 - Page 32 of 11 5. Except as expressly altered, modified and changed in this Second Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 6. This Second Amendment shall be binding on the parties hereto, their heirs, executors, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Original Agreement the day and year first above written. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY By: Attest: Jill Ryan, Chair By: Teak J. Simonton, Clerk TOWN OF VAIL By: Mayor Attest: By: Town Clerk January 2, 2018 - Page 33 of 11 EXHIBIT 1 2018 SCOPE OF SERVICES AND FEES The following services will be provided to the Town of Vail (Town) by ECHDA/TVHS: 1. Resales of the Town's deed restricted housing stock. a. Includes all aspects of sales, from listing through closing of the unit ensuring compliance with all aspects of the deed restrictions. b. ECHDA/TVHS staff will hold 2 open houses for each listing and/or provide individual unit showings as appropriate. c. ECHDA/TVHS will cause units offered for sale to be advertised in accordance with the Guidelines. d. ECHDA/TVHS will assist sellers, buyers, lenders, and appraisers through the process. e. ECHDA/TVHS will comply with policies and procedures outlined in the Guidelines, as may be updated from time to time. f. ECHDA/TVHS will receive sales fees of 2% of the deed restricted sales that it completes as compensation for this service. 2. Lottery Process a. Work with Town to advertise lottery opening and closing dates. b. Collect, score and verify lottery applications. c. ECHDA/TVHS understands that this process may change and will work with Town to complete future lotteries or equivalent in accordance with policy set by the Town. d. Out of pocket costs (advertising) will be paid by Town. e. Compensation for this service based on the current process will be paid by the Town to ECHDA/TVHS on an hourly basis not to exceed $3,250 per calendar year. This fee is based on 50 hours of work at $65/hour. If this process changes, the compensation may be adjusted accordingly with a written agreement approved by both Town and ECHDA/TVHS. 3. ECHDA/TVHS will serve as a resource to Town and consumers regarding the Town's affordable housing program. a. Communicate Town's information on TVHS website, including Vail InDEED deed restriction purchase program. b. Provide up to three in person first time homebuyer education course. c. Provide individual credit counseling or personal budgeting sessions to buyers or owners of Town units or down payment assistance programs. d. Attend work sessions with Vail Local Housing Authority or Town Council as requested and recommend best practices to promote regional collaboration e. Advise and assist as needed with the Employee Housing Unit Compliance. f. Provide best practices and recommendations for Housing Guidelines revision, if needed. g. Compensation for this service will be $5,850 and will be paid by the Town to ECHDA/TVHS. This fee is based on 90 hours of work at $65/hour. January 2, 2018 - Page 34 of 11 January 2, 2018 - Page 35 of 11 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from November 21, 2017 meeting ATTACHMENTS: Description November 21 2017 TC Meeting Minutes TOWN Of9 January 2, 2018 - Page 36 of 11 Vail Town Council Meeting Minutes Tuesday, November 21, 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: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Members absent Greg Moffet Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk Mayor Chapin noted the swearing-in of the new council members, Chapin, Bruno and Coggin, occurred earlier that afternoon. They will be serving four year terms. Moffet was sworn -in at an earlier date and will serve a two year term. 1. Citizen Participation Stephen Connelly, resident, made some suggestions about signage to help manage and monitor speeding. He noted that the flashing stop lights that are being ignored and requested more presence of the police officer "dummy" in the car; there are some speeding cars throughout the town. 2. Proclamations 2.1. Proclamation No. 7, Series of 2017, Recognizing Colorado Gives Day Presenter(s): Denise Kipp, Red Ribbon Project Mayor Chapin read the proclamation; Foley moved to approve the proclamation; Bruno seconded the motion; the motion passed (6-0). 3. Consent Agenda 3.1. Century Link Easement at Booth Falls Trailhead Background: In order to accommodate upgrades to the Eagle River Water and Sanitation Sewer District water tank at the Booth Falls Trailhead, Century Link needs to install new utility lines along the existing gravel access drive. Century Link is requesting a 10' wide easement along approximately 1000 feet of the existing gravel drive. Town Council Meeting Minutes of November 21, 2017 Page 1 January 2, 2018 - Page 37 of 11 Bruno moved to authorize the Town Manager to grant Century Link an easement across the Town property in a form approved by the Town Attorney. Foley seconded the motion and it passed (6-0). 4. Town Manager Report A preview of the manager's report was provide by Greg Clifton. 5. Action Items 5.1. Municipal Judge Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint Buck Allen as Municipal Judge for Town of Vail. Background: Section 7.2 of Town Charter sets forth requirements for appointing municipal judge every two years. Foley moved to appoint Cyrus Buck Allen as the Municipal Judge for a two year term; Bruno seconded the motion and it passed (6-0). Judge Allen thanked the Town Council and noted he would finish 40 years of service to the Town at the close of this appointed term. 5.2. Ordinance No. 15, Series of 2017, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, deny or approve with amendments Ordinance No. 15, Series 2017. Background: Please see the attached memo outlining proposed changes to short term rental regulations based on feedback from Council throughout the year. This item was introduced once again after a table motion was made at the November 7, 2017 meeting. Feedback from the last meeting was taken into consideration with the drafting of the ordinance. A list of the topics addressed below can be found in the council packet memo: ✓ STR license application process; would be issued to only the property owners ✓ Joint ownership terms requiring shared common property owners to provide "consent" ✓ Affidavit requirement indicating knowledge of related code regulations, trash, noise, parking ✓ Property manager appointment required and responsible for remedial measures if needed ✓ Requires posting of license numbers with advertisements ✓ Requires visible interior posting of contact owner information ✓ Compliance with health and safety standards required by owners Complaint process will be defined and implemented with this licensing of short term renals properties Chapin invited public input at this time: • Penny Wilson, resident, asked if the license would be transferable during the sale of a property. Town Council Meeting Minutes of November 21, 2017 Page 2 January 2, 2018 - Page 38 of 11 • Stephen Connelly, resident, concerned about the occupancy levels suggesting that great regulations address this in the code as well. He supported the process noting the topic is a challenging one. • Nancy Reed, thanked council for the joint ownership terms drafted in the ordinance and asked if "zoning" would become a part of the discussion. • There was a question about how the ordinance would be applied to condominiums; the resident lived in Breakaway West. • Patrick Hurley, east vail resident, concerned about the joint ownership consent requirement and would prefer the ordinance only include the notifications; he requested more conversations occur about the joint ownership before adopting that clause. Public input closed at this time. Council input included some of the following comments: ✓ Some apprehension about joint ownership language, it may be overreaching ✓ Great process and public input during the review of the topic ✓ This provides a "starting point" with changes likely to occur in the future Foley moved to approve Ordinance No. 15, Series of 2017, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith. Bruno seconded the motion and it passed (6-0). 5.3. Ordinance No. 16, Series 2017, First Reading, Ordinance providing for the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 16, Series 2017. Background: The town is required by Colorado state law to certify the mil levy by December 15 of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 16, Series 2017. There were no public comments about the ordinance. Foley moved to approve Ordinance No. 16, Series 2017, First Reading, Ordinance providing for the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year. Langmaid seconded the motion and it passed (6-0). 5.4. Resolution No. 39, Series of 2017, A Resolution of the Vail Town Council Authorizing the Acquisition of Lot 1 Bighorn Subdivision Second Addition Presenter(s): Matt Mire, Town Attorney and Chad Sali, Project Engineer Action Requested of Council: Approve, approve with amendments or deny Resolution No. 39, Series of 2017. Background: The Town and seller have negotiated a purchase price for the property of $140,000. As part of the sale, the seller specifically requested that the Town pass this Resolution to acquire the property. Lot 1, Bighorn Subdivision Second Addition is located Town Council Meeting Minutes of November 21, 2017 Page 3 January 2, 2018 - Page 39 of 11 adjacent to Bighorn Road between Bridge Road and 1-70 Right of Way at the East Vail Interchange. A portion of the Gore Valley Trail is currently located on this parcel and no easement exists for this encroachment. The Town and Eagle River Water and Sanitation District has proposed relocating a sanitary sewer main that currently crosses the Gore Creek at Bridge Road to the existing trail alignment in anticipation of the reconstruction of the bridge at Bridge Road. This would eliminate a sanitary sewer aerial crossing of Gore Creek once the new bridge is completed. When approached by the ERW SD for a sewer easement on the parcel, the property owners stated that they would not grant an easement but would prefer to sell the parcel. This parcel is also identified in the 1994 Comprehensive Open Lands Plans for acquisition to protect riparian areas and again in the draft 2017 Open Lands Plan Update for protection of environmentally sensitive land from development and trail development. The acquisition of this parcel by the Town of Vail would allow for protection of environmentally sensitive areas, legal rights for the Gore Vail Trail to remain and relocation of a sanitary sewer aerial crossing of Gore Creek which will also eliminate the need to work around a live sewer main during the reconstruction n of the Bridge Road Bridge. The Town Attorney noted the negotiated price with the owner of the property and that they would provide a resolution with the real estate contract. Foley moved to approve Resolution No. 39, Series of 2017, A Resolution of the Vail Town Council Authorizing the Acquisition of Lot 1 Bighorn Subdivision Second Addition. Bruno seconded the motion and it passed (6-0). There was not any public input on this topic. Foley expressed thanks to Vail Resorts, Inc. for their efforts in season preparations, both Jeff Babb and Doug Lovell. There being no further business to come before the council, Foley moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 7:10 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of November 21, 2017 Page 4 January 2, 2018 - Page 40 of 11 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Minutes from December 5, 2017 meeting ATTACHMENTS: Description December 5 2017 TC Meeting Minutes TOWN IfO January 2, 2018 - Page 41 of 11 Vail Town Council Meeting Minutes Tuesday, December 5, 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 Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Jeannie McQueeney, Eagle County Commissioner, thanked vail town council for their support of the mental health ballot question and presented a poster that would support the effort. 2. Proclamations 2.1. Proclamation No. 8, Series of 2017, Proclamation Declaring December 8, 2017 as "WhoVail Day'! Presenter(s): Dave Chapin, Mayor Vail Town Council read the proclamation to the audience and thanked the Four Seasons for their promotion of the holiday community spirit. 3. Consent Agenda 3.1. Resolution No. 27, Series of 2017, A Resolution Approving the Purchase of Real Property in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit #A104, Eagle County, Colorado with a Physical Address of 4192 Spruce Way, Vail, Colorado Moffet moved to approve Resolution No. 27 in an amount not to exceed $267,500; Bruno seconded the motion and it passed (7-0). 3.2. Resolution No. 42, Series of 2017 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County for Animal Control Services; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 42; Bruno seconded the motion and it passed (7-0). 3.3. Minutes from November 7, 2017 meeting Town Council Meeting Minutes of December 5, 2017 Page 1 January 2, 2018 - Page 42 of 11 Moffet moved to approve the minutes; Bruno seconded the motion and it passed (6-0; Coggin abstained). 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager It was noted that the town needed to appoint an elected official to serve on the Compact of Colorado Communities; Chapin was appointed to continue serving as Vail's representative. It was noted Town of Vail reainted its Bicvycle Friendly Community designation. And recognition and thanks were given to staff members Gregg Barrie and Mark Hoblitzel for their efforts in writing a grant to obtain funding for electric buses. 5. Action Items 5.1. Resolution No. 40, Series of 2017 Resolution to join the Eagle County Climate Action Collaborative and setting forth details in regard thereto Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council review the Memorandum of Understanding associated with Resolution No. 40, Series of 2017, to join the Eagle County Climate Action Collaborative, and approve, approve with modifications, or deny Resolution No. 40. Background: The Climate Action Collaborative is the next step of the Climate Action Plan for the Eagle County Community and the proposed organizational structure to accomplish the goals of the Plan. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 40, Series of 2017 as written. Bertuglia gave a very brief presentation. Moffet inquired about the standalone resolution and the exhibit included in the packet; Bertuglia noted there was not a commitment to any financial resources at this time. Moffet moved to approve Resolution No. 40, Series of 2017 Resolution to join the Eagle County Climate Action Collaborative and setting forth details in regard thereto; Bruno seconded the motion. Public input was invited; none was given. The motion passed (7-0). 4.1 Town Manager Report — continued At this time, George Ruther, Community Development Director, presented the status and progress on the Chamonix Neighborhood Project and noted a slight delay with construction, up to three weeks. 5.2. Resolution No. 41, Series of 2017, Resolution to join the Compact of Colorado Communities and setting forth details in regard thereto Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council review Resolution No. 41, Series of 2017 and associated materials and approve, approve with modifications, or deny, Resolution No. 41, Series of 2017. Town Council Meeting Minutes of December 5, 2017 Page 2 January 2, 2018 - Page 43 of 11 Background: Founded by Mayor Steve Skadron (City of Aspen), the Compact of Colorado Communities has been established to bring cities and counties together to take constructive and practical climate action. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 41, Series of 2017. Bertuglia briefly spoke about the environmental programming of the organization, Compact of Colorado Communities. Moffet moved to approve Resolution No. 41, Series of 2017, Resolution to join the Compact of Colorado Communities and setting forth details in regard thereto, confirming the financial commitment as $2,000. Bruno seconded the motion and it passed (7-0). 5.3. Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015 International Fire Code, concerning open burning Presenter(s): Mike Vaughan, Fire Marshal Background At the August 1, 2017 Town Council meeting, direction was provided to staff regarding amending Town of Vail Code regarding open burning. The Ordinance No. 19, Series of 2017 is based upon direction provided to staff by Town Council. Currently open burning is addressed in Title 5, Chapter 8 and Title 10 Chapter 1 (amendments to the International Fire Code) of the Vail Town Code. Within these two sections, there are currently conflicts regarding regulations related to open burning. The proposed Ordinance will repeal Title 5, Chapter 8 of the Vail Town Code and amend Title 10, Chapter 1 to clarify permissible and prohibited activities related to open fires. Summary of Changes 1. Definitions updated to clarify difference between outdoor burning and the use of outdoor fireplaces 2. Expand prohibition of open burning to include outdoor fireplaces during Stage 2 and Stage 3 fire restrictions and Red Flag Fire Weather Warning days 3. Provides extinguishment authority in situations in which the smoke from an otherwise permissible open burning is creating a nuisance or health hazard 4. Provides specific guidance on use of outdoor fireplaces 5. Establishes a prohibition on the use of portable outdoor fireplaces in short term rental units Note: The proposed regulations do not apply to outdoor fireplaces which burn propane or natural gas. Clarification was made with regard to bonfires vs. solid fuel fire and the open burning situations, which are outlined in the international fire code. No public input was given. Moffet moved to Approve Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015 International Fire Code, concerning open burning. Bruno seconded the motion and it passed (7-0). Town Council Meeting Minutes of December 5, 2017 Page 3 January 2, 2018 - Page 44 of 11 5.4. Ordinance No. 20, Series 2017, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series 2017 Smith summarized a number of highlights of the supplement budget ordinance, noting that across all funds, the supplemental request would adjust the budget to reflect $7,555,995 of additional revenue and proposes an increase of $8,102,452 to expenditures. She noted that during the 2018 Budget process and in response to comments regarding the implementation and funding of the Housing Strategic Plan, staff proposed the creation of an internal Housing Fund. Per the Governmental Accounting Standards Board (GASB) and confirmed by our auditors, this housing fund does not qualify to be treated as a separate fund because there is not a unique funding source (for example, a dedicated tax revenue). However, we can separately present on a budget basis a "Housing Fund" which would consolidate into the Capital Projects Fund for financial reporting purposes. The Housing Fund is a Town of Vail fund, not a component of the Vail Local Housing Authority. Town Council will need to appropriate the budget for the Housing Fund in the normal budget process. Details were reflected in the council packet memo addressing all funds: • General Fund • Capital Projects Fund ■ Housing Fund • Real Estate Transfer Tax (RETT) Fund Public input was invited and Steve Lindstrom, VLHA, thanked staff and administration for their efforts in segregating the funds for housing. Moffet moved to approve Ordinance No. 20, Series 2017, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund. Bruno seconded and the motion passed (7-0). 6. Public Hearings 6.1. Ordinance No.15 Series 2017, second reading, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 15, Series 2017 Background: Please see attached memo Staff Recommendation: Approve or approve with amendments Ordinance No. 15, Series 2017 Town Council Meeting Minutes of December 5, 2017 Page 4 January 2, 2018 - Page 45 of 11 Chapin opened the public hearing. Halloran noted the changes between first and second reading. She explained the highlighted sections of the council packet memo, which addressed such items as 1) required application process which includes a renewal, 2) exemption for full time onsite property management companies, 3) inclusion of joint ownership terms requiring approval of property owners who have shared common property, 4) affidavit requirement, 5) requirement and identification of a property contact, 5) posting of licensing, 6) compliance with health and safety standards, 7) identifiable and transparent complaint process with proposed effective date. Public input was invited at this time: • Dennis and Sheila Linn commented on common areas joint ownership requirements and property liability and their related concerns about insurance coverages with duplexes. • Dick Neal, resident, expressed concern about the parking implications that will occur with short term rental of his property. • Sara Petersen, resident of Potato Patch Club, expressed many issues with their neighbor's short term rentals. She extended thanks for the council's efforts with the • Mitch Whiteford, resident, requested 3 modifications — 1) simplify the licensing process, 2) create framework of fines that escalate as incidents increase, instead of not renewing, 3) eliminate the permission concept related to duplex regulations, too many unintended consequences • Joanne Cahart, resident, expressed support of the ordinance noting that so many things have changed it was time to address this "big business". She supports neighborhoods not enclaves of short-term rental housing. • Audrey Powell, supports the regulations and remains concerned about the common space/shared space regulations for duplexes. • Stephen Connelly, resident, thanked staff and town council for their efforts In drafting the legislation. He thought it was a great starting point and suggested changes would likely occur in the future. He offered some ideas about some of the administration of the ordinance. • Lawrence Donovan , resident, expressed concern about a law that would delegate to the neighbor rights of a property owner ; must regulate with the rules addressing noise, parking, etc. very concern as he is a real estate lawyer ; substantial lawsuits would be on the horizon ; the kind of use is not addressed in the title work ; concerned that it would create worse scenarios for the neighbors ; supportive of the other aspects of the legislation • Mark Gordon, resident, offers thanks and notes the joint ownership consent clause is worrisome without an appeal process identified; he is not supportive of giving your neighbor property owner the decision-making rights. • Steve Lindstrom, resident, VLHA Chairman, noted that short-term rental property does impact long term rentals in Vail; he notes this proposal starts to measure the impacts with the registration requirements and will hopefully then inform the future to further regulate the situation. • Nancy Reed, resident, supported "owner's rights" and peaceful neighborhood living. • Jim Lamont, VHA, concerned about the joint ownership consent language, requested that mandatory insurance be required of the operators, encouraged that an appeal process be identified, asked that the town be conservative in regulating the environment. There were no further comments from staff and council comments included the following: ➢ What is the status of the software implementation ➢ Questions about the response time from the contact person; how long should that be, 30 or 60 minutes ➢ What are the staffing needs for implementation Town Council Meeting Minutes of December 5, 2017 Page 5 January 2, 2018 - Page 46 of 11 > Who will serve as the hearing officer if it is determined one would be needed ➢ What insurance requirements are regulated Foley moved to approve Ordinance No.15 Series 2017, second reading, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith. Langmaid seconded the motion. After further discussion about the joint ownership consent clause, Foley amended his motion to remove this language requirement (4-14-4 C) and include a sixty (60) minute response time from contact representatives, and Langmaid seconded the amendment. Chapin followed up with some additional comments about the complaint process and response time. The motion passed (7-0). 6.2. Ordinance No. 16, Series 2017, Second Reading, Ordinance providing for the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year Presenter(s): Kathleen Halloran, Finance Director Background: The town is required by Colorado state law to certify the mil levy by December 15 of each year. Moffet moved to approve Ordinance No. 16, Series 2017, Second Reading, Ordinance providing for the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year. Bruno seconded the motion and it passed (7-0). No public input was given on this topic. 6.3. Ordinance No. 21, Series of 2017, First Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, Setting Forth Details in Regard Thereto Presenter(s): Matt Panfil, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, deny, or continue the public hearing on Ordinance No. 21, Series of 2017 to December 19, 2017. Background: This is a request for a major amendment to Special Development District No. 36, Four Seasons Resort to allow for the reconfiguration of existing accommodation units (AUs), fractional fee units (FFUs), and dwelling units (DUs). The reconfiguration will result in an increase of eight (8) AUs (12) DUs, eighteen (18) attached accommodation units (AAUs/lockoffs), and a reduction of thirteen (13) unsold FFUs. Staff Recommendation: On September 11, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a major amendment to Special Development District No. 36, in accordance with the requirements of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a recommendation of approval to the Vail Town Council. A copy of the PEC meetings results have been included n the packet of materials. The Community Development Department Town Council Meeting Minutes of December 5, 2017 Page 6 January 2, 2018 - Page 47 of 11 recommends the Vail Town Council opens the public hearing on this request, listens to the staff and applicant presentations, asks questions of the staff and applicant and then continues this public hearing to December 19, 2017 for first reading. Panfil made a brief presentation, see council packet memo that addresses the history of the project, the challenges it is seeing and the regulations that will be impacted, parking & commercial linkages Tom Braun, Braun Associates, representing owners, Extell (Real Estate Developers), and local Extell representative, Kurt Krieg, addressed the council about the property, Four Seasons Resort, and presented the application noting that after purchasing the subject property in November 2016, the applicant established new goals in order to operate the Four Seasons more efficiently and effectively. Said goals include: • Increasing the number of standard sized hotel rooms / AUs; • Reducing the number of suites; • Repurposing thirteen (13) FFUs that remain unsold since the building's construction; • Creating additional for -sale real estate; and • Providing an incentivized rental program via the addition of attached accommodation units (AAUs) / "lock -offs." In order to achieve these goals, the applicant proposes the following changes to the existing unit mix: Existing Unit Mix Proposed Unit Mix Net Change 122 AUs 130AUs +8A -Us 16 DUs 28 Dwelling Units (with 16 AAUs) +12 Ms,' + 18 AAUs 19 FFUs . 6 FFUs -13 FFUs 28. EHU 26 EHU — He noted the basis for repurposing the thirteen (13) FFUs for two (2) primary reasons, as follows: • The project was approved in 2001, but did not open as the Four Seasons untiI2010. The applicant states that the luxury lodging industry changed significantly over this time period and FFUs have fallen out of favor with the market. • The property was owned and operated by a bank between 2011 and November 2016, when the applicant purchased the property. As the applicant states, financial institutions are not well suited to operate luxury properties and there was a lack of a long-term vision for the property. After some review of the homeowners association structures, the Mayor asked for public input. There were no comments given at this time. Moffet moved to approve Ordinance No. 21, Series of 2017, First Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, Setting Forth Details in Regard Thereto, with a requirement that an additional 2,000 sq. ft. of deed restricted employee housing to be located off-site be provided. Langmaid seconded the motion. There was further discussion about whether the request of additional housing was sufficient mitigation for the changes proposed. It was suggested that if not the unit then additional fee -in -lieu monies be collected. It was noted the applicants would further review the request. The motion passed (6-1; Foley opposed). Town Council Meeting Minutes of December 5, 2017 Page 7 January 2, 2018 - Page 48 of 11 6.4. 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 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 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 Mauriello 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, 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On October 23, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail Town Council. Chapin opened the public hearing at this time. Staff presented the application noting the applicant would present a very detailed presentation of the project, see presentation of staff per the council packet. The criteria were identified, PEC feedback was reviewed. Both lack of community benefit and too much height and density were problems the PEC identified and the premise for the recommendation to deny the project. Dominic Mauriello, Mauriello Planning Group, presented the application and introduction of his team. Some highlights included: • Aerial map • Renderings of the project from differing perspectives • History of vail mountain view residences • Gore Creek group — Pete Carlson — Developer of Potential Phase 2 • What's happened since august? More ehu units are being proposed • New programming • Less deviation ; more benefit w/ Reduced density; traffic decrease ; setbacks are improved • Review the site plans (aerial view) and floor diagrams • EHU concept described • Sustainability • Public benefits reviewed • Deviations described — below grade presents the issues • Critical need for employee housing • Hotel & lodging summary • Public benefits - EHUs vs hotels • Background on zoning • Vail village master plan highlights • Others including Phase I on the property have supported the project • Diagram of the building showing Tyrolean and Mountain View He summarized why the project meets both short and long term goals of the town and meets comp plans. Town Council Meeting Minutes of December 5, 2017 Page 8 January 2, 2018 - Page 49 of 11 Chapin opened public comment at this time. • David Foster, Foster Graham Milstein and Calisher, Denver, representing Tyrolean HOA since last April, presented to PEC a few months ago and expressed a number of concerns about the incompatibility of the project based on the criteria. • Chris Romer, VVP, also speaking on behalf of Rick Smith with Vail Health, expressed support for the project and the housing that would come with ti. • Steadman Clinic VP of Operations also expressed support of the project noting that the housing component would benefit his employee market. • James Wilkins resident, VLHA member, ERWSD employee, expressed support of the project and the housing component. • Kerry Wallace, representing the entire Mountain View HOA for Phase I, and formerly representing a few owners, expressed support on behalf of the Association noting their diligence with the developer to get the project acceptable to all of them. • Chris Hawkins, Alpine Planning, Ridgeway, CO, expressed support on behalf of the Phase I owners and noted their work to create a project that is compatible with the criteria and sufficient in its housing component. • Tom Saalfeld, contact for the Tyrolean Association; expressed concern about the height and density of the project; the proposal does not take into consideration the input from their association. • Stephen Connolly, resident, expressed concern about the housing component not serving those who really are in need of affordable housing. • Video of Jay Levine, President of Mountain View HOA, was shown to the audience and town council; Levine expressed support of the project. Public comment was closed at this time. Town Attorney requested council feedback about their ability to review and act impartially with their decision making on this application. Each council member was polled and responded that he or she would act impartiality. Closing comments were made by the applicant addressing the public benefit of the housing and the memo addressed the project as it related to the criteria. There were no further comments from town staff. Council comments included: ➢ There was both support of the housing offering as the public benefit and a request for more affordable housing ➢ While the project is sizable, it meets the public benefit and criteria ➢ Would prefer balconies be added to the units ➢ Heated streets are not preferred and requested an energy exchange if this were implemented Moffet moved to approve 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 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto with the following conditions and findings, as follows: Conditions: 1. "The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property; Town Council Meeting Minutes of December 5, 2017 Page 9 January 2, 2018 - Page 50 of 11 2. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall record with the Eagle County Clerk and Recorder a Town of Vail employee housing deed restriction for a minimum two-bedroom dwelling unit of at least 788 square feet, located within the Town of Vail; 3. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vail a traffic mitigation fee, the amount of which is yet to be determined, per net new P.M. peak hour vehicular trip. Findings: 1. That the SDD complies with the standards listed in Section 12 -9A -8-A, Vail Town Code, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 2. That the SDD is consistent with the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD 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." Bruno seconded the motion and it passed (6-1; Foley opposed). There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 11:30 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of December 5, 2017 Page 10 January 2, 2018 - Page 51 of 11 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report ATTACHMENTS: Description Town Manager Report TOWN Of9 January 2, 2018 - Page 52 of 11 TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - Jan. 2nd TOWN COUNCIL MEETING TOPICS • BOCC Meeting • Council Retreat • Scenes from the Holiday Season • Tree Lighting • Teamwork • DEVO • Coffee with Cops • Annual Homeowners Association Meeting Town Manager's Office 970.479.2106 970.479.2157 fax Meeting with Eagle County BOCC On December 201h, Mayor Chapin and I met with Commissioner Jill Ryan to start formulating a list of topics to be discussed at a soon -to -be -planned joint meeting with the Board of County Commissioners. Topping the list was ... wait for it ... transit and housing. Stay tuned as we put the final touches on this very important meeting. Council Retreat Preparations continue for the Council retreat with the management team on January 9th. The meeting will occur from 8 am until 1 pm at the Grand View with food and lots of coffee being provided. Our facilitator, Dr. Karah Maloley with the Vail Centre, met with Patty McKenny and myself to discuss the proposed agenda, meeting format, and desired outcomes. She will contacting individual councilmembers to solicit their input into the agenda. We are excited to have her assist with this important meeting, and we are confident that you will appreciate her services. Tis the Season ... While it is now behind us, a few images and accountings from the Holiday Season will continue to warm the heart. It was a joyful time with many festivities and Holiday cheer throughout the community. Town Hall was visited by the local school kids who filled our halls with merriment and music. The carols were enjoyed by all, including of course our Municipal Judge Buck Allen, who was buried with Holiday cards from the carolers. On December 22nd the Public Works crew hosted the annual prime rib holiday lunch that was very well attended by throngs of famished town employees. Susie Hervert and others were responsible for the fine layout of food. January 2, 2018 - Page 53 of 11 Tree Lighting As part of the Holidaze festivities, Mayor Dave Chapin greeted a very large crowd in Slifer Square, where the annual Tree Lighting event occurred on December 17th. The tree is absolutely beautiful, and the lighting went off per plan with Santa Claus performing the duties. Ralph, the world's tallest elf, is seen behind the Mayor in the accompanying image. Teamwork, Innovation & Excellence The first annual Town of Vail gingerbread decorating competition was a success! This was not your average holiday fare. Employees built large ski -in and ski -out properties, log cabins (recently turned into short-term rental by owners), artistic creations, iconic Vail structures and more. Community Development, Public Works, Administration, Library, Human Resources/Safety, and Finance all participated in a 45 -minute challenge. The final work was judged by Buck Allen (Municipal Judge) and Molly Eppard (Art in Public Places). Prizes were awarded to Admin and Community Development. DEVO And so it begins ... The Vail Development Team - DEVO is a program that seeks to create lifelong skiers and riders while introducing young athletes to mountain safety and etiquette in a social, team oriented environment. Participating members are encouraged to develop their skiing and riding skills to the highest level possible while having fun and being exposed to a variety of experiences. An institution in Vail, the DEVO program started in full force on December 16th, transforming the top deck of the Vail Village Parking structure into, in the words of our Public Works crew, "organized chaos". It was indeed a spectacle to witness, and organized it was! Masses of young skiers were organized into lines and groups, ultimately uniting with their coaches and then placed on transit buses for their journey to Lionshead and the awaiting lifts up the mountain. Town Manager's Report Page 2 January 2, 2018 - Page 54 of 11 Coffee with the Cops During the aforementioned DEVO affair, one could quickly escape the bedlam and slip into nearby Starbucks to share a cup of brew with Vail's finest. Representatives of the Vail Police Department were on hand to share coffee and chat about ...whatever. It was a nice gesture and a very effective way to connect to the community. Annual Homeowners Association Meeting The meeting was conducted on May 27th, and the Mayor and I presented an in- depth account of 2017 in review, as well as a peek into what lies ahead for 2018. It was very informative and questions were entertained touching on various topics. The Association appreciated the presentation and it was a successful event by all measures. Thanks to the Communications Department for providing the year-end review material that was very helpful in putting together the presentation. VAIL HOMEOWNERS ASSOCIATION, INC Heine joie ur for the ',HA A....€ Membenh.ip M.eii.1. 4G ENDDA ANNT1A MEETING VL'edncadaq, Dccetober 27, 26] 7 1709 p.m.- &Wp.m. Vail Tuwo {'o anci[ Ch€ it baa 75 gado Pn.tratioReed SVea€ Pmp.rgg u iiner7ef� Cunveee and 4rervlew: Dr. Gail ELIA. Netlike. Introdackia of Gm eni: Dr, Gell Ellis. President 'YHA HepurLw: Jno L.toGM[. Ei mutivt Director The Vail Experience: Looking Ahead. Renenn Tvw. of V.IL Dave Gwen, Mayor Greg Clifton—Town Meneger Vail Rater ri lmt. pnviiedj Members Dr_ Call l�I1le, ?etude -ea. Adjaurnue.! Town Manager's Report Page 3 January 2, 2018 - Page 55 of 11 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Local Housing Authority Semi-annual Vail Housing 2027 Report Update PRESENTER(S): Steve Lindstrom, VLHA Chairman ACTION REQUESTED OF COUNCIL: Informational Update Only. BACKGROUND: In accordance with the Vail Housing 2027 Strategic Plan, adopted September 6, 2016, the Vail Local Housing Authority (VLHA) presents the following summary of progress to date. ATTACHMENTS: Description VLHA Memorandum 2027 VLHA Strategic Plan January 2, 2018 - Page 56 of 11 TOWN OF VAIL 75 South Frontage Road West Vail, Colorado 81657 vailgov.com To: Vail Town Council From: Vail Local Housing Authority Date: January 2, 2018 Subject: Semi-annual Vail Housing 2027 Report 970.479.2100 970.479.2157 fax BACKGROUND In accordance with the Vail Housing 2027 Strategic Plan, adopted September 6, 2016, the Vail Local Housing Authority (VLHA) presents the following summary of progress to date. SEMI-ANNUAL SUMMARY As a review, the Housing 2027 plan utilizes a three-part approach: GOAL, MEANS and METHODS The GOAL of the Housing 2027 plan is to acquire 1,000 additional resident housing deed restrictions by the year 2027. New Deed -Restricted Units Chamonix Vail -- 32 for -sale townhomes under construction Marriott Residence Inn — 96 apartments approved (in pre -development) Solar Vail — 65 apartments approved (in pre -development) Mountain View — 15 apartments approved (in pre -development) 3-5 individual existing homes/condominiums in deed restriction purchase process Other opportunities Vail Resorts East Vail site re -zoned to Housing Several Town -owned and privately -owned parcels in preliminary review West Vail commercial area Master Plan to begin Out-of-town sites under investigation/discussion Several individual unit owners in discussion for deed restriction purchases The MEANS identified in the Housing 2027 plan includes funds to be applied to the purchase of deed restrictions, in addition to zoning variances and allowances applied through the Housing zone district and the SDD approval process to encourage public/private partnerships with land owners and developers to further the Town's goals. January 2, 2018 - Page 57 of 11 To date, expenditures (commitments — funds are still retained in Town accounts) total approximately $4.225 million committed to the Solar Vail development. These funds come from the Housing Fund (approximately $3.2 million accumulated over several years from various sources) plus $500,000 appropriated in 2016 and $500,000 appropriated in 2017. In late 2017 Town Council approved the establishment of a separate Housing fund within the Town's Capitol Fund, with an initial funding of $500,000. Significantly, funds in this account will "roll over" if unused in any fiscal year. The METHOD of implementing the Vail Housing 2027 plan is to utilize the Vail Local Housing Authority as a special agent of the Town to act as the initial decision-making body for the purchase of deed restrictions. Vail Town Council is the final decision maker for expenditures in excess of $200,000. This process is only possible with the full support of Town staff. The recently approved Solar Vail deed restriction purchase commitment is an example of this process. Staff identified and worked with the landowner/developer to formulate a proposal. The VLHA reviewed the proposal and provided feedback and suggestions. Staff negotiated the final proposal, which was presented to Council for approval. This approach appears to be working as envisioned in the Housing 2027 plan. Housing Department Also in the MEANS category, and as discussed at length during the 2018 Budget process, the Town organization is being refined to include a new Housing Department. This process is currently underway, with the job description for the new Housing Director now being finalized, and notice of the vacancy in this position being posted in the next several days. The essential job duties will include the oversight of the Housing Department -- providing leadership and management to all departmental functions, overseeing the town's lottery process and disposition town -acquired real estate for workforce housing, and working in tandem with the Vail Local Housing Authority in its many functions involving the implementation of Town Council policy. The Housing Department is being institutionalized to meet the present and growing demands, administratively, that will emerge from the increased workforce housing as the Town endeavors to add 1,000 units over the next ten years. Even with the many public/private partnerships and purchases of deed restrictions, compliance monitoring will prove to be a significant responsibility. Other duties will include the eventual encompassing of administrative duties tied to Town rental housing, currently being undertaken within the Public Works Department. This transformation will not occur immediately, nor will it involve the physical property management of these facilities which will remain under the Public Works purview of responsibilities. The integration of the new Housing Department into the Town organizational structure will be highlighted during the Town Council retreat on January 9th. Town of Vail Page 2 January 2, 2018 - Page 58 of 11 VAIL HOUSING 2027 "A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail" Adopted - September 6, 2016. Resolution No. 29, Series of 2016 January 2, 2018 - Page 59 of 11 CONTRIBUTORS VAIL TOWN COUNCIL • Dave Chapin, Mayor • Jenn Bruno, Mayor Pro -Tem • Dick Cleveland • Kevin Foley • Kim Langmaid • Jen Mason • Greg Moffet VAIL LOCAL HOUSING AUTHORITY • Steve Lindstrom, Chair • Scott Ashburn • Mary McDougall • Molly Murphy • James Wilkens Vail Economic Advisory Council • Jean Alexander • Christian Avignon • Bob Boselli • Nick Brinkman • Dick Cleveland • Mark Gordon • Michael Imhof • Matt Ivy • Rayla Kundolf • Michael Kurz • Rob LeVine • Robin Litt • Greg Moffet • Matt Morgan • Laurie Mullen • Kim Newbury • Brian Nolan • Mike Ortiz • Tara Picklo • Chris Romer • Mia Vlaar • Alison Wadey ADMINISTRATION DEPARTMENT • Stan Zemler, Town Manager • Kathleen Halloran, Director of Finance • Matt Mire, Town Attorney COMMUNITY DEVELOPMENT DEPARTMENT • George Ruther, Director of Community Development • Kristen Bertuglia, Environmental Manager • Alan Nazzaro, Housing Manager January 2, 2018 - Page 60 of 11 Table of Contents I. EXECUTIVE SUMMARY 1 II. VISION 4 III. MISSION 4 IV. POLICY STATEMENT 5 V. PURPOSE OF THE PLAN 5 VI. GOAL 6 VII. MEANS 6 VIII. METHODS 6 IX. ACTIONS FOR IMPLEMENTATION 6 January 2, 2018 - Page 61 of 11 EXECUTIVE SUMMARY Ensuring the availability of homes for Vail residents has been a long standing challenge in the community. To date, adopted housing policies, programs and practices have not yielded desired results. To realize different results the community must change its approach to housing policies, programs and practices. Presently, the Town's housing policies, programs and practices lack an attainable goal, are without adequate financial means, are reactive in implementation and contain a decision making structure that does not result in increased housing opportunities. Vail Housing 2027 sets in motion a strategic plan that proactively addresses the housing needs of the community. It is actionable in its implementation and changes the decision-making approach towards maintaining and sustaining homes for residents within the community. Vail Housing 2027 takes a three-part approach to improving the availability of housing in Vail and increasing the number of deed restricted homes for residents of the community; 1) Goal, 2) Means and 3) Method. Similar to a three- legged stool, the plan falls flat and can not be successful without all three parts in place. The single goal of the Plan is clear and concise..."acquire 1,000 additional resident housing unit deed restrictions by the year 2027." When achieved, this goal, along with the more than 698 existing deed restricted homes, ensures homes for more than 3,736 Vail residents. A goal can not be accomplished without the means for doing so. In this instance means is an adequate and ongoing source of funding. Funding is necessary to acquire deed restrictions. The Plan recommends the use of existing Housing Program funds to launch the deed restriction program in the initial years and recommends annual appropriations from the Town's Capital Projects Funds in future years. Additional funding sources should be pursued simultaneously. January 2, 2018 - Page 62 of 11 Finally, the Plan recommends a new method for achieving the goal. Like the goal, the method is clear and concise..."implement a new decision-making structure which is singular in focus, proactive, empowering and results -oriented, and is nimble enough to be effective at achieving the goal." January 2, 2018 - Page 63 of 11 VISION An Eye on the Future We envision Vail as a diverse, resilient, inclusive, vibrant and sustainable mountain resort community where year-round residents are afforded the opportunity to live and thrive. We take a holistic approach to maintaining community, with continuous improvement to our social, environmental, and economic well being. We create housing solutions by recognizing and capitalizing on our unique position as North America's premier international mountain resort community in order to provide the highest quality of service to our guests, attract citizens of excellence and foster their ability to live, work, and play in Vail throughout their lives. Our strategic solutions and actions result in the retention of existing homes, creation of new and diverse housing infrastructure, and collaboration with community partners. For Vail, no problem is insurmountable. With a consistent, community -driven purpose and an entrepreneurial spirit, Vail will lead the industry in innovative housing solutions for the 21st century. The Town is well positioned financially to undertake this significant challenge. January 2, 2018 - Page 64 of 11 MISSION Maintaining and Sustaining Community "We create, provide, and retain high quality, affordable, and diverse housing opportunities for Vail residents to support a sustainable year round economy and build a vibrant, inclusive and resilient community. We do this through acquiring deed restrictions on homes so that our residents have a place to live in Vail." January 2, 2018 - Page 65 of 11 POLICY STATEMENT Resident Housing as Infrastructure "We acknowledge that the acquisition of deed restrictions on homes for Vail residents is critical to maintaining community. Therefore, we ensure an adequate supply and availability of homes for residents and recognize housing as infrastructure in the Town of Vail; a community support system not unlike roads, bridges, water and sewer systems, fire, police, and other services of the municipal government." January 2, 2018 - Page 66 of 11 PURPOSE of the PLAN Vail Housing 2027 is an action -oriented, results -based strategic planning document that is to be used as a decision-making guide for taking critical next steps towards addressing the resident housing needs in Vail. The Plan takes a proactive approach to addressing the housing need. To that end, the Plan identifies a vision for housing for year round residents of the community, a mission for maintaining and sustaining community and a single policy statement that acknowledges homes for residents as critical infrastructure, thereby reinforcing the importance of housing to the long term success of Vail. Further, the Plan articulates a 10 -year goal to acquire deed restrictions on homes within the community. The Plan presents a road map for acquiring deed restrictions for resident housing through the year 2020. Given the dynamic nature of the factors affecting the Town's ability to achieve the ten year goal, such as global markets, interest rates, changes in regional housing supply, financial lending practices, etc. the Actions for Implementation focus on the first three years following the Plan adoption. The Plan should be revisited at least every three years to evaluate progress and to make adjustments, as needed. The Plan is a living document that is to be used proactively, adjusted as needed and reported upon twice annually to the Vail Town Council. It recommends a number of actions that must be implemented to ensure the realization of the Plan goal. January 2, 2018 - Page 67 of 11 TEN YEAR GOAL "The Town of Vail will acquire 1,000 additional resident housing unit deed restrictions by the year 2027." These new deed restrictions will be acquired for both existing homes as well as for homes that are newly constructed by both the Town of Vail and private sector developers. By virtue of the occupancy requirements of the deed restrictions, the Town of Vail does not need to own resident homes to forward its mission of maintaining and sustaining community. Title to real estate can change ownership often. Once recorded, a deed restriction transfers with the title and survives changes in ownership over time, thus assuring long term resident housing. January 2, 2018 - Page 68 of 11 2016 HOUSING STATISTICS 1,753 Occupied Names (2 - 3 people per home) 2000- *Alit 1000 1000- lit lit *tir lit lit Owner Occupied Renter Occupied 7.208 Homes - 8000 lit Alt IlI-7000 lir itlit** �'i1'It �1 Ali -6000 I'1 it it 5000 let* itiAlt lei —4000 Eir 1'7 1'1 17 F7 1"I — 3000 *Alt* —2000 filil 17****R-ft 1000 6000 5000 4000 3000 2000 1000 5.305 Peelle .•. MI Mb MI ▪ dm in dm Mil i 1.1 www w wwww w • 110 111 Ma Ma Aft dila Aft Aft a • • • • • • ■ ■ • • inb • Oft• dm MI MI MI Ino MI MI MI Mb 8 Deed Restricted Remus O Since 2010: - nearly 90% of homes for sale in Vail were sold to Unoccupied Horne Owners - approximately 10% were sold to Occupied Home Owner Source: Eagle County Assessor's Office 4,158 Unoccupied Homes '� �j ip r n n -a l - 5000 c -n-n p on '�n - 4000 nn '�i1 - �'n nll tztnj'- 3000 nnft n -an -a _ 2000 nn-pnrrn-n-n-rrin 1000 January 2, 2018 - Page 69 of 11 MEANS To effectively achieve the goal of acquiring 1,000 additional resident housing unit deed restrictions by the year 2027, adequate financial resources are needed. For the purpose of this plan, the resources required include regular and ongoing annual appropriations. The funds appropriated will be used to purchase and acquire deed restrictions for resident housing. Deed restrictions will be acquired from a wide range of sources. Likely sources include existing homeowners, potential home buyers, business owner's, large and small employers, real estate developers, existing and potential investment property owners, etc. In recognizing that resident housing is valued as critical infrastructure within the community it is imperative that it must be funded adequately. Given that the availability of resident housing is an important issue for the community, then funding from the Town's annual budget should reflect housing as a priority. Top Two Community Priorities (2016) Focus on housing for middle income and service worker households in vital support roles Economic vitality (investing in facilities, services and events to keep Vail competitive) Budget and capital management (keeping Vail fiscally healthy) Actions to protect and enhance Gore Creek Environmental sustainability (waste and energy conservation programs, environmental education, etc) Parking opportunities for residents Guest relations and customer service Parking opportunities for visitors/guests Transportation needs (bus service — local and regional) Figure 1 Town of Vail Community Survey 2016 13% 13% 11% 17% 20% 20% 30% 38% 36% 0% 5% 10% 15% 20% 25% 30% 35% 4 Percent Responding m January 2, 2018 - Page 70 of 11 Therefore, annual appropriations in the form of both dedicated housing funds and capital projects funds require allocation. And, as this is a community -wide issue, the community as a whole should financially support housing solutions. Top Priorities by Resident Type Focus on housing for middle income and service worker households in vital support 21% roles Economic vitality (investing in facilities, services and events to keep Vail competitive) 36% 25% 26% 147% 26% 48% Budget and capital management (keeping 25% Vail fiscally healthy) 41% 19% Actions to protect and enhance Gore Creek 27% 25% Environmental sustainability (waste and 22% energy conservation programs, 18% environmental education, etc) K. 19% 18% 18% Parking opportunities for residents 20% 14% 18% Guest relations and customer service — 13% 13% Parking opportunities for visitors/guests Transportation needs (bus service – local and regional) Figure 2 Town of Vail Community Survey 2016 9% 19% 18% 19% 8% 11% —14% — 6% - 5% 17% 33% 63% 59% 58% • Year-round resident • Part-time resident • Employed in TOV but don't live there • Get mail in TOV but don't live/work there • Non-resident owner of business 0% 10% 20% 30% 40% 50% 60% 70°% Percent Responding 0 January 2, 2018 - Page 71 of 11 A dedicated funding source is important to the long term success of meeting the established housing goal by year 2027. A dedicated funding source such as sales tax or property tax increase live on over time as political sentiment changes, and supports the issuance of long-term bonds to move the revenue forward. A tax -based funding source for housing should be supplemented with the collection of fee in lieu funds received. However, in order to initiate immediate action towards the realization of the goal of the Plan, it is necessary in the near term that additional funding comes from reallocation of the Town's General and Capital Projects Funds. Health & Employee Housing 1% Parks, AIPP & Library 4% I Contributions, Marketing & Special Events 6% Where The Money Went Municipal Spending by Area Capital Improvements 27% Community Facilities Development & Fleet 4% Maintenance 8% Public Safety 22% Town Officials & Administration 10% Transportation & Parking 11% Public Works & Streets 7% Figure 3 - Town of Vail 2015 Year in Review. Municipal Services accounted for $39.3 million, or 73% of 2015 expenditures, It is difficult at this time to determine precisely the annual budgeting requirements of the Plan, especially as related to potential capital expenditures for deed restriction acquisition. The Town's Housing Program Funds, however, currently maintain a fund balance of nearly $3.2M. In an effort to create, grow and maintain a healthy fund balance and establish a pattern of annual appropriation towards housing programs, the Town should appropriate a minimum of $500,000 into the 2017 Housing Program Funds within the Capital Projects Funds and make regular and ongoing annual appropriations for the purpose of acquiring new resident housing deed restrictions. It is recommended January 2, 2018 - Page 72 of 11 that a minimum of $5M be appropriated in future budget years 2018, 2019, and 2020. Allocations beyond 2020 should be evaluated based upon results achieved in each of the first three years of the Plan implementation. As each year's results are reviewed, adjustments in allocation may be necessary to remain on target of achieving the Plan goal. Circumstances unknown at this time may require the Town to accelerate its funding obligations in future years to remain on target for realizing the Ten Year Goal. January 2, 2018 - Page 73 of 11 METHODS To efficiently achieve the goal of acquiring 1,000 additional resident housing unit deed restrictions by the year 2027 a new structure for decision-making is needed. The current decision making structure contains multiple layers of bureaucracy, is costly and time consuming, inefficient, indecisive, reactive in approach and does not achieve the Town's desired results of addressing the resident housing needs of the community. A new decision-making structure is needed to get better results. The new structure must include a new decision-making body that is: • singular in mission and focus, • empowered and results -oriented, • time sensitive and responsive in its actions, • adaptable to an ever dynamic real estate market, • consistent and predictable, and • timely within the Town's development review process. The new structure requires built-in mechanisms of accountability for decision making and twice annual reporting requirements. It must be built on a foundation grounded by predetermined criteria for sound decision making and evaluation when deciding on the acquisition of deed restrictions. It requires participation from experts in the fields of real estate finance and development, residential property lending, real property acquisition, affordable housing policy and program implementation, public finance and administration, and real property analysis, valuation and appraisal. Each of these characteristics ensure that the new structure is organized and aligned in such a way that the Town achieves its Ten Year Goal for housing. Most importantly, the decision-making structure must ensure that the decision- making body, acting as a special agent of the Town of Vail, has the authority to take action towards achieving the goal and dispense the funds needed to acquire deed restrictions. January 2, 2018 - Page 74 of 11 The five -member Vail Local Housing Authority (VLHA) should be appointed as the new decision-making body authorized as a special agent to act on behalf of the Vail Town Council. There are numerous compelling reasons to appoint the VLHA as the Town's special agent. Those reasons include: • The VLHA is a statutory authority created under Colorado Revised Statutes (CRS 29-4-204) and granted powers of authority (CRS 29-4-209) which include, in part, o to grant or lend moneys or otherwise provide financing to any person, firm, corporation for any project or any part thereof, o to pledge or otherwise encumber any of its moneys in support o of on connection with a project, and o to purchase, lease, obtain option upon, or acquire any property, real or personal, or any interest therein from any person, firm, corporation, the city, or a government. • The VLHA is uniquely positioned to fill this role due to its singular purpose and focus. • The VLHA members are appointed by the Vail Town Council, and therefore, its membership can include Twice AnnuaI Reporting A Nev.; Decision - Making Structure experts with the appropriate background and experiences. • The VLHA was created to focus its efforts on maintaining and expanding the supply of resident housing opportunities in the community. • The VLHA members serve five year staggered terms. Vail Town Council (Policy) t«I Anima I Appropriatian Vail Local Housing Authority Umplementationj Town Staff (Ad mini station) Figure 4 illustrates an example of the new decision-making structure. Figure 4 - Decision -Making January 2, 2018 - Page 75 of 11 ACTIONS FOR IMPLEMENTATION 1. Deed Restriction Acquisition • Establish deed restriction acquisition criteria • Work with mortgage lenders and title companies to develop mutually acceptable deed restriction language • Collaborate with The Valley Home Store and the Vail Board of Realtors to market and communicate the Town's interest in acquiring deed restrictions • Evaluate dedicated deed restriction acquisition revenue sources to ensure adequate funding exists 2. Land Use Tools • Establish a No Net Loss of Deed Restrictions Policy • Create a Housing Overlay District that allows for increased density • Evaluate the effectiveness of the EHU Exchange Program and make adjustments as needed • Update the 2007 Rational Nexus Study to ensure changes in land use are consistent with current employee generation rates • Amend the Fee in Lieu calculation to represent cost of construction instead of affordability gap 3. Performance Measurements • Update existing deed restricted property data base to include additional factors such as cost, location and deed restriction language type • Prepare a twice annual report summarizing progress towards the goal • Maintain newly acquired deed restriction data such as unit type, location, cost, etc. January 2, 2018 - Page 76 of 11 TOWN OF VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Resolution No. 3, Series of 2018, A Resolution Setting an Annual Fee for the Licensing of Short -Term Rentals; and Setting Forth Details in Regard Thereto. PRESENTER(S): Kathleen Halloran, Finance Director ACTION REQUESTED OF COUNCIL: Approve, approve with amendment and deny Resolution No. 3, Series of 2018. BACKGROUND: See attached memorandum. ATTACHMENTS: Description Short Term Rental Memorandum Resolution No. 3 Series of 2018 January 2, 2018 - Page 77 of 11 TOWN OF VAIL' Memorandum TO: Vail Town Council FROM: Finance Department, Economic Development Department DATE: December 5, 2017 SUBJECT: Short Term Rental Regulations I. SUMMARY Attached is Resolution 3, Series 2018, establishing an application fee for the recently - approved short term rental license. II. BACKGROUND On December 5, Council approved Ordinance No. 15, Series 2017 requiring a short term rental (STR) license for any rentals less than 30 days. The new regulation established a unique license for short term rentals which overrides the prior regulation requiring issuance of a business license. Short term rental (STR) also entails a new application process and requires Council to set an application fee by resolution. III. DISCUSSION Staff recommends an application fee of $150 per rental property, consistent with the prior business license fee charged for short term rentals. This amount is also consistent with the license for home occupation businesses. Staff has posted STR application forms on vailgov.com for property owners interested in getting signed up prior to the deadline of March 1St. If applying prior to February 1st, owners may submit applications and payment by mail. After February 1st, online submission and payment will be available. Open houses to help inform the community and property management representatives of new application process and STR regulations are anticipated to be held in mid-January; exact dates are pending software implementation. IV. REQUEST OF COUNCIL Approve, deny or amend Resolution No. 3, Series 2018. January 2, 2018 - Page 78 of 11 RESOLUTION NO. 3 Series of 2018 A RESOLUTION SETTING AN ANNUAL FEE FOR THE LICENSING OF SHORT-TERM RENTALS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, 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; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, pursuant to Section 4-14-4(B) of the Vail Town Code, the application fee for a Short -Term Rental license shall be set by resolution of the Council. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The annual application fee for a Short -Term Rental license and any renewal application for a Short -Term Rental license shall be $150.00 for each Short - Term Rental Property. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 2nd day of January 2018. Dave Chapin, Mayor of the Town of Vail, Colorado ATTEST: Patty McKenny, Town Clerk Resolution No. 3, Series of 2018 January 2, 2018 - Page 79 of 11 TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No.17, Series of 2017, Second Reading, Ordinance Amending Sections 5-11-7 and 12-11-3 of the Vail Town Code related to vegetation removal for wildfire mitigation purposes. PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: Approve, Approve with Conditions or Deny Ordinance No. 17, Series of 2017 on 2nd Reading. BACKGROUND: This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) permit for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program or through the town's abatement provisions for dangerous or diseased trees. The proposal eliminates the requirement fora DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. STAFF RECOMMENDATION: The Vail Town Council approved Ordinance No. 17, Series of 2017 on December 19, 2017 by a vote of 5-2-0 (Langmaid and Mason opposed). ATTACHMENTS: Description Staff Memorandum A. Ordinance No. 17, Series of 2017 B. PEC Memo, November 13, 2017 C. PEC Minutes, November 13, 2017 January 2, 2018 - Page 80 of 11 TOWN of vain t Memorandum To: Vail Town Council From: Community Development Department Vail Fire and Emergency Services Department Date: January 2, 2017 Subject: Ordinance No. 17, Series of 2017. Amendments to Sections 5-11-7 and 12- 11-3 of the Vail Town Code related to vegetation removal for wildfire mitigation purposes. I. SUMMARY This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) permit for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program or through the town's abatement provisions for dangerous or diseased trees. The proposal eliminates the requirement for a DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. This proposal also corrects that the appropriate authority for the issuance of tree removal permits under the Town of Vail's abatement procedures for dangerous or diseased trees is the Fire and Emergency Services Department, not the Community Development Department. The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on November 13, 2017 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. This recommendation was based on a finding that the proposal furthered the adopted goals, objectives and polices of the Vail comprehensive plan. On December 19, 2017 the Vail Town Council approved Ordinance No. 17, Series of 2017 on first reading by a vote of 5-2-0 (Langmaid and Mason opposed). Although approved on first reading, some members of council cited concerns related to the impact of tree removal on nesting birds during certain periods of the year. This concern has been discussed by staff members from Planning, Environmental Education and the January 2, 2018 - Page 81 of 11 Fire Department. This inter -disciplinary team has agreed to include public education regarding this concern when discussing tree removal with property owners. Staff does not believe a prescriptive limited operating period is warranted as it would deter property owners from completing wildfire mitigation activities during the height of the fire season. Staff also noted that the scale of tree removal conducted at the parcel level is small with less than twenty permits being issued by the fire department in an average year. A prescriptive limited operating period would also be contrary to the underlying goal of wildfire mitigation, which is to protect lives, property and the environment. II. BACKGROUND Over the course of the past year, the Fire Department has evaluated all aspects of the current Wildfire Mitigation Program in an effort to identify opportunities to more effectively reduce the threat of catastrophic wildfire and associated loss of homes. This evaluation included a review of the existing Town Code pertaining to wildfire mitigation and defensible space. In collaboration with the Community Development Department, the Fire and Emergency Services Department has proposed eliminating the DRB requirement for vegetation removal when approval has been granted by the Wildland Coordinator. III. DESCRIPTION OF THE REQUEST The following amendments are proposed with new language in underline and items to be removed designated by a striketh-re-u-g-14. Sec. 5-11-7: Permit for Removal An owner desiring to remove diseased trees shall file an application for a permit with the community development department Fire and Emergency Services Department. There shall be no application fee for the permit. The application shall contain a written narrative describing the type, size, quantity and general location of the diseased trees proposed to be removed. The director may perform a site visit prior to taking any action on the permit application. 12-11-3: DESIGN APPROVAL A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, and landscape, and vegetation removal approved by the Fire and Emergency Services Department through a Wildfire Hazard Assessment shall be exempt from this provision. January 2, 2018 - Page 82 of 11 IV. ACTION REQUESTED OF THE VAIL TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, Series of 2017 on second reading. V. ATTACHMENTS A. Ordinance No. 17, Series of 2017 B. PEC Memo, November 13, 2017 C. PEC Minutes, November 13, 2017 January 2, 2018 - Page 83 of 11 ORDINANCE NO. 17 SERIES 2017 AN ORDINANCE AMENDING SECTIONS 5-11: ABATEMENT OF DISEASED TREES AND WILDFIRE FUELS AND 12-11: DESIGN REVIEW, RELATED TO VEGETATION REMOVAL FOR WILDFIRE MITIGATION PURPOSES WHEREAS, the Vail Town Council wishes to clarify and codify existing standard operating procedures related to the removal of vegetation for wildfire mitigation purposes; WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed prescribed regulations amendment and on November 13, 2017 submitted its recommendation to the Vail Town Council; WHEREAS, the Vail Town Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that the amendment furthers the general and specific purposes of the zoning regulations; WHEREAS, the Vail Town Council finds that the amendment promotes the health, safety, morals and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-11-7 of the Vail Town Code is hereby amended as follows: Sec. 5-11-7: Permit for Removal An owner desiring to remove diseased trees shall file an application for a permit with the community development department Fire and Emergency Services Department. There shall be no application fee for the permit. The application shall contain a written narrative describing the type, size, quantity and general location of the diseased trees proposed to be removed. The director may perform a site visit prior to taking any action on the permit application. Section 2. Section 12-11-3 of the Vail Town Code is hereby amended as follows: 1 January 2, 2018 - Page 84 of 11 Sec. 12-11-3: Design Approval A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, and landscape, and vegetation removal approved by the Fire and Emergency Services Department through a Wildfire Hazard Assessment shall be exempt from this provision. Section 3. 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 4. 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 5. 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 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 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 2 Dave Chapin, Mayor January 2, 2018 - Page 85 of 11 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of January, 2018. ATTEST: Patty McKenny, Town Clerk 3 Dave Chapin, Mayor January 2, 2018 - Page 86 of 11 (1/ 4 TOWN OF VARY Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 13, 2017 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Development Standards, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto. (PEC17-0043) Applicant: Town of Vail Planner: Jonathan Spence I. SUMMARY This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) application for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for tree removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program. The proposal removes the requirement for a DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. Based upon staff's review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to clarify and codify existing standard operating procedures related to vegetation removal. Currently there are two (2) owner -initiated processes for the removal of vegetation in the Town of Vail. They are: 1. Design Review Board application for the removal of vegetation not associated with a development application. January 2, 2018 - Page 87 of 11 2. Wildfire Hazard Assessment as part of the Fire Adapted Vail Program performed by the Wildlands Coordinator. The purpose of the proposed text amendment is to clarify that these processes do not conflict with language in the Vail Town Code and that duplicate approvals for vegetation removal are not necessary. III. BACKGROUND The Community Development Department strives for rules and regulations that are consistent, enforceable, predictable and easily understood. The Community Development Department has worked closely with the Vail Fire and Emergency Services Department to ensure that the criteria used to evaluate requests for vegetation removal are consistent. Water Quality Education Coordinator Pete Wadden and Wildlands Coordinator Paul Cada have established a clear protocol including interdepartmental reporting to guarantee that all Town values, including defensible space, environmental quality and aesthetics are considered regardless of the department approving vegetation removal. IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. 8. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. Town of Vail Page 2 January 2, 2018 - Page 88 of 11 V. PROPOSED TEXT AMENDMENT The following amendments are proposed with new language in bold and items to be removed designated by a strikethrough 12-11-3: DESIGN APPROVAL A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, and landscape, and vegetation removal approved by the Vail Fire Department through a Wildfire Hazard Assessment shall be exempt from this provision. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment furthers the general and specific purposes of the zoning regulations by clearly informing potential applicants and property owners that a Design Review Board approval is not necessary for vegetation approved for removal by the Vail Fire and Emergency Services Department as part of a Wildfire Hazard Assessment. This text amendment will codify the existing practice of the Community Development and Fire and Emergency Services Departments and helps to improve the clarity of the code. This text amendment meets the following purposes of the zoning regulations: 12-1-2 A General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. Town of Vail Page 3 January 2, 2018 - Page 89 of 11 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 11. To otherwise provide for the growth of an orderly and viable community. Staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment is compatible with the development objectives of the town. This change will establish clear and consistent language in the Vail Town Code. Following are some of the relevant goals of the Town's Comprehensive Plan: • Goal #1: Vail will continue to manage growth, maintaining a balance between the bulk and mass of residential, commercial and recreational uses to ensure the quality, character, diversity and vitality of the town by ensuring that all regulatory and advisory land use documents are updated and current, providing ease of compliance and enforcement, and uniformity among regulatory and advisory documents. • Goal #3: Ensure fairness and consistency in the development review process. Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a lack of clarity within existing regulations. As a matter of practice, the Community Development Department has not required an additional Design Review Board application for work approved by the Fire and Emergency Services Department. The proposed text amendment will codify this practice. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Town of Vail Page 4 January 2, 2018 - Page 90 of 11 The proposed text amendment provides a clear understanding of when a Design Review Board application is required and ensures that regulations are consistent with municipal development objectives. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the proposed Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Development Standards, Vail Town Code, related to vegetation removal for wildfire mitigation purposes. (PEC17-0043) If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Development Standards, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of the Community Development Department memorandum dated November 13, 2017 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Town of Vail Page 5 January 2, 2018 - Page 91 of 11 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Town of Vail Page 6 January 2, 2018 - Page 92 of 11 TOWN Ore) 1 Call to Order PLANNING AND ENVIRONMENTAL COMMISSION November 13, 2017, 1:00 PM Vail Town Council Chambers 75S. Frontage Road -Vail, Colorado, 81657 Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, Karen Perez, John Rediker, and Brian Stockmar Absent: John -Ryan Lockman 2. Informational Update 2.1 Environmental Sustainability Plan Update Kristen Bertuglia, Environmental Sustainability Manager, introduced Jeff Hohensee, Vice President at Natural Capitalism Solutions, a consultant for the Town's Environmental Sustainability Strategic Plan (ESSP) update. Mr. Hohensee provided a PowerPoint presentation to the PEC regarding the update. The presentation began with a review of the existing goals established in the 2009 ESSP: sustainable economic and social development, public education and communication, transportation, waste diversion, energy efficiency, and ecosystem health. Hohensee described the next steps in the ESSP update process. Next steps include an implementation workshop, Town Council work sessions, PEC review and recommendation, finalize the update, and then begin implementation. Kurz & Rediker — Asked about the number of businesses involved in the Actively Green program and the level of training involved. Bertuglia responded that there are over 100 businesses involved, 51 of which are certified. She then outlined the training available to said businesses. Gillette — Asked for clarification on the progress made in regards to energy efficiency. Bertuglia referenced a chart depicting the Town's municipal carbon dioxide production. Gillette commented that ice melt systems need to be addressed, not just for new projects but upgrading the existing system. The PEC and Hohensee discussed the benefits of electric vehicles and renewable energy. Perez — Asked for clarification on how far into the future the ESSP will be updated. Bertuglia responded that the goal is to update the plan approximately every five (5) years. Rediker — Asked about the reduction in the use of pesticides in the Town. Bertuglia confirmed that there has been a reduction in the use of pesticides. January 2, 2018 - Page 93 of 11 Rediker asked if literature was sent to homeowners educating them on the use of pesticides or if there was an employee they can talk to about such matters. Bertuglia responded there has been information provided on the lovevail.org website, in direct mailers, brochures, monthly Lunch with the Locals events, and in an annual landscaping workshop where participants are eligible to become Gore Creek Leadership Partners. There is also a watershed education coordinator on staff that can answer questions and provide guidance. Kurz — Asked about considerations of climate change and the changing nature of the Environmental Protection Agency (EPA). Hohensee stated that one of the biggest short-term concerns is drilling on public lands. 3. Site Visits: 3.1 Site Visit to Solar Vail, 501 N. Frontage Road W., to observe existing conditions and prepare for review of the development plan, conditional use permit, and variance applications. (PEC17-0046, PEC17-0050, and PEC17- 0051) 4. Main Agenda 4.1 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, concerning an update to the 1994 Comprehensive Open Lands Plan, and setting forth details in regard thereto. (PEC17-0049) Applicant: Town of Vail, represented by Kristen Bertuglia, Environmental Sustainability Manager Planner: Chris Neubecker Motion: Table to November 27, 2017 First: Perez Second: Kurz Vote: 6-0-0 Bertuglia introduced Tom Braun, Braun Associates, Inc., who provided a PowerPoint presentation on the update to the 1994 Comprehensive Open Lands Plan. While it is often regarded as an Open Space plan, the plan is more than that as it includes trails, vacant lands, etc. Braun summarized the objectives and areas of focus of the 1994 plan. The main areas of focus were environmentally sensitive lands, Town -owned lands / use of lands, and trails. The goals of the update include: confirmation of community goals and priorities, evaluate the action plan, provide better direction on trails, evaluate Town -owned lands, and management strategies. Braun outlined the approach and timeline of the update. The Town is nearing the end of the process as a draft plan has been provided for public comment. The PEC is required to make a recommendation to the Town Council, who will make a final vote on the plan update. Braun summarized the community input received throughout the planning process. Topics important to the public included: land acquisitions, protecting environmentally sensitive lands, trails, community facilities, and housing. January 2, 2018 - Page 94 of 11 Braun reviewed the major changes between the 1994 plan and the update in regards to environmentally sensitive lands, the use of Town -owned lands, trails, and the action plan. Rediker stated that there is a member of the public that would like to comment but is limited in their availability today. Rediker opened the meeting for public comment. Anne Esson — Expressed her concern about an environmentally sensitive piece of land that is also identified as a priority area for a new mountain bike trail. The area is used by peregrine falcons for nesting. She described the importance of peregrines to the environment and their sensitivity to human interference. She stated that there are alternative locations for the proposed trail. Gillette — Asked for clarification as to which proposed trail Ms. Esson was describing. Gregg Barrie, Senior Landscape Architect, noted that the referenced trail is labeled as #13 in the plan update. Mr. Barrie stated that any proposed trail would need to be reviewed for its impact on the environment and wildlife, such as peregrines. The plan is currently at such a high level that further investigation would be conducted if a decision were made to construct said trail. Braun continued his presentation by referring to a diagram that identified private undeveloped properties and environmentally sensitive areas within the Town. He identified specific properties of interest for the plan update. Braun reviewed the proposed implementation strategies for the environmentally sensitive lands and different protection strategies for Town - owned environmentally sensitive lands. Designated Open Space and conservation easements are two (2) such strategies. Braun referenced an image that depicted the 26 properties within the Town that could be zoned to Designated Open Space. There were four (4) areas that were deemed worthy of discussing if the Town should pursue conservation easements: Gore Creek Corridor, Katsos Ranch, Donovan Park Upper Branch, and two (2) parcels in Booth Falls. The plan does not make any recommendations for the potential Designated Open Space or conservation easement properties. Further studies are required prior to any decisions are made regarding said properties. Braun continued by discussing the identified public facilities and community use needs. There are 161 Town -owned lands that were reviewed for their ability to meet any of the public facility or community use needs. Of the 161 properties studied, there are eight (8) properties left that might accommodate such needs. The Middle Bench of Donovan Park is one such property. However, it was purchased with RETT funds that limit its potential uses. The team then analyzed 106 privately -owned properties for their ability to accommodate public facilities or community use needs. There were three (3) properties identified: Chamonix Road parcels, the site of the former Roost Lodge, and the CDOT/Bighorn parcel. January 2, 2018 - Page 95 of 11 Braun then discussed strategies and recommendations for the management of Town -owned lands. Rediker — Asked how many properties in the Town have conservation easements located on them. Braun responded that there are four (4) such properties. Rediker asked about the advantages for conservation easements versus the Town zoning a property as Designated Open Space. Braun stated that the difference is that conservation easements are permanent while Designated Open Space zoning could conceivably be changed over time as resident and/or Board priorities change. Stockmar — Stated he would like to understand more about the legal constraints that a land trust imposes on property. Braun responded that uses of the land are negotiable with the land trust. Rediker added that he understands private conservation easements tend to be more stringent because there is a considerable tax benefit for such easements. Rediker asked what the benefit to the Town is when the Town itself can limit the uses, and the Town does not get a tax benefit. Braun continued his presentation by discussing the trails component of the plan update. Braun stated that there has been a strong interest and passion in trails, but there have been divergent opinions. Small group meetings and a trails workshop was held in order to guide the trails portion of the plan update. The five (5) major themes in regards to trails were: safety, sustainability, accessibility, diversity, and connectivity. Braun summarized the vision statement established for trails in the Town. Referencing an image, Braun described the existing trails and those proposed as part of the plan update. Any new trails will require a thorough review of any impact on the environment and wildlife. Stockmar — Asked about what enforcement methods are in place for preserving "hiking only" trails. Braun responded that it is difficult to enforce such regulations. Braun then outlined the next steps and implementation process for establishing any new trails. Such steps include detailed studies and designs, community process, a two-step process with the United States Forest Service (USFS), and examining potential collaborations down valley. Braun concluded his presentation by reviewing the updated action plan that would be required to implement all of the recommendations made within the plan update. Stockmar — Stated that he views the meeting as an introduction with the need for additional meetings. He believes that an enforcement mechanism for "hiking only" trails is required. Barrie stated that this can be done primarily through trail design. He added that any trail on USFS property is considered a multi -use trail. Stockmar added that he would like to examine parking restrictions for trailheads, especially at Booth Creek. Braun stated that the Town coordinate with the USFS as how trailheads can be better managed. Outreach to trail users is another recommendation within the plan update. January 2, 2018 - Page 96 of 11 Rediker — Asked if there is anything within the updated action plan that addresses the previous comment regarding the protection of the peregrine nesting areas. Barrie pointed out language on page 28 of the plan update that states trail development is subject to the review of its impact on the environment and wildlife. Rediker opened the hearing for public comment. Wolf Mueller — Asked about a parcel in the Glen Lyon subdivision and its relevance to the plan update. Braun identified the property as Item No. 2 on the map in the plan update. There are private covenants on the property that maintain the property as open space. Gillette asked why the property is not being considered for a conservation easement. Braun stated that it is a possibility, but does not currently me the criteria required for designation. Jim Daus, Eagle Valley Land Trust — Stated that the Land Trust is available to help provide information and facilitate any Town requests. He commented that the Designated Open Space zone district is a great tool that not many communities possess. Asked that a comment on page eight (8) of the plan update regarding fees for monitoring conservation easements be stricken. Added that there are ways for the Town to save money by utilizing conservation easements and would like to see that reflected in the plan update. Gillette asked for clarification as to how the Town can save money. Daus stated that the cost savings would be for private property owners. Paul Rondeau — Is concerned about the process. He stated that he has provided a four (4) page document, dated October 2, 2017 to the PEC, and wants to know if the document was presented to the PEC. Bertuglia stated she believes the document was provided at the prior meeting in which the plan update was discussed. Rondeau summarized the document's contents. Topics included an area near upper Matterhorn Circle, reasons why the middle bench of Donovan Park should be zoned Designated Open Space, and a process that would involve an Open Space Board of Trustees. Gillette indicated that the role of an Open Space Board of Trustees is included in the plan update document. Braun confirmed Gillette's statement. Their role is to focus on making recommendations for properties to be zoned Designated Open Space. Neubecker confirmed Mr. Rondeau's document was included with the October 9, 2017 PEC packet. Tom Vucich — Summarized the primary objective of the 1994 Comprehensive Open Lands Plan was to acquire and protect open space. He believes throughout the process the public has been vocal that this should still be the same goal. Jim Daus — Asked that recreation be included as a potential use for conservation easements. Hopkins — Stated that she would like another two (2) weeks to think about and review the plan update. January 2, 2018 - Page 97 of 11 Perez — Appreciates all of the citizen participation. She would also like time to further think about the plan update. Kurz — Agreed with Commissioners Perez and Hopkins that additional time for review of the plan update is necessary. Does not believe the 1994 plan is broken, but does need updating. He agrees with Tom Vucich that protecting open lands is still important, but the Town may also benefit from purchasing sites that might be available for development for facility and community needs. He believes trail development needs to be studied very closely to accommodate as many people as possible. Gillette — Supports the plan update. He believes that the plan update should address comments made in regards to additional information about conservation easements and land trusts. The differences between Designated Open Space and conservation easements need to be made clearer. He does not generally support the use of conservation easements on Town -owned lands. He would like to know how more public lands can be protected through the Designated Open Space district through a possible amendment to the Town Charter, if necessary. Stockmar — Concurs with the other Commissioners. He believes it is a complex issue that needs more time to be fully reviewed. Rediker — Agrees with the rest of the PEC. He thanked the citizens for their participation. He encouraged the PEC to provide a list of questions and concerns so that they can be addressed at the next meeting. George Ruther, Director of Community Development, stated that it would be best if the questions and concerns be brought forth at the next meeting. 4.2 A request for the review of a development plan, pursuant to Section 12-61-11, Development Plan Required, Vail Town Code, for the construction of employee housing units (EHUs) with the following associated requests: (1) a request for the review of a conditional use permit, pursuant to Section 12-61- 3, Conditional Uses, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, to allow for business offices and professional offices, as further regulated by Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code; (2) a request for the review of multiple variances in accordance with the provisions of Section 12, Chapter 17, Variances: (a.) a variance from Section 12-61-8, Parking and Loading, Vail Town Code to allow parking in the front and side setbacks; (b.) a variance from Section 12-10-9, Loading Standards, Vail Town Code, to allow for a loading berth Tess than the required dimensions; (c) a variance from Section 12-21-10, Development Restricted, Vail Town Code, to allow for development on a slope greater than forty percent (40%); (d.) a variance from Section 14-5-1, Minimum Standards, Vail Town Code, to allow for greater than twenty five percent (25%) of the required parking spaces to be compact parking spaces; and (e.) variances from Section 14-6-7, Retaining Walls, Vail Town Code, to allow retaining walls with an exposed face height over six feet (6') tall and over three feet (3') tall within the front setback, located at 501 North Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. January 2, 2018 - Page 98 of 11 (PEC17-0046, PEC17- 0050, PEC17-0051) Applicant: Sonnenalp Properties, represented by GPSL Architects, P.C. Planner: Chris Neubecker Motion (Development Plan, PEC17-046): Approve, with Conditions First: Kurz Second: Stockmar Vote: 5-1-0 (Gillette Opposed) Conditions: 1. Approval of this development plan is contingent upon the applicant obtaining Town of Vail approval of an associated Design Review Board application. 2. The Applicant shall obtain an access agreement from the Town of Vail, in a form acceptable to the Town Attorney, for any and all driveway improvements on, over or across Town owned Tract A, Middle Creek Subdivision. Such agreement shall be executed prior to issuance of a building permit. 3. Concurrent with the submission of a building permit application, the applicant shall submit a site specific geological investigation, in accordance with Section 12-21-13, Vail Town Code, for any proposed development within a mapped Rockfall Hazard Area. The applicant shall be responsible for any changes to the building permit plans required by the professional geologist or registered professional engineer who prepared the report. 4. Prior to issuance of a Certificate of Occupancy or Temporary Certificate of Occupancy for the building, the applicant shall legally execute and record with the Eagle County Clerk and Recorder the Town of Vail Type VI employee housing unit covenant for all sixty-five (65) residential units within the building. 5. Prior to issuance of a building permit, the applicant shall exchange eleven (11) existing deed restrictions on the property to other locations in the Town, though the Employee Housing Unit Deed Restriction Exchange Program, Section 12-13-5 Vail Town Code. Motion (Conditional Use Permit, PEC17-0050): Approve, with Conditions First: Stockmar Second: Kurz Vote: 6-0-0 Conditions: 1. This Conditional Use Permit shall lapse and become void if a building permit is not obtained and diligently pursued toward completion or the approved use has not commenced within two (2) years from the date of approval. Any conditional use which is January 2, 2018 - Page 99 of 11 discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Vail Town Code. 2. Failure of the applicant to adhere to these conditions of approval may require review of this Conditional Use Permit, including a public hearing by the Planning & Environmental Commission, and may result in revocation of this permit. Motion (Variances, PEC17-0051): Approve First: Kurz Second: Stockmar (Gillette Opposed) Vote: 5-1-0 Neubecker began his presentation by summarizing the applicant's request. The proposal is for 65 employee housing units (EHUs) with a small office (requiring a Conditional Use Permit) used for managing on-site and off-site housing owned by the applicant. The Housing (H) District allows for a lot of flexibility in regards to development standards. There are five (5) variances associated with the proposed development plan. Neubecker stated that the PEC conducted a conceptual review of the project in April of 2017. Also, there was a previous approval for a similar but larger development on this site in 2008, but the project never moved forward. Neubecker clarified that within the proposed motion, the number of deed restriction units to be exchanged for off-site units should be changed from nine (9) to eleven (11), as there are eleven (11) EHUs currently on the property. Neubecker stated that multiple Town planning documents cite the need for employee housing within the community. In regards to the development plan, the PEC is asked to specifically review building height, GRFA, and lot area. Neubecker reviewed the development plan documents that would be incorporated into any approval. The applicant has received permission to proceed from the Town Council to use Town -owned property to the east for site access. The property is in proximity to Lionshead and multiple bus routes. The project has only 34 parking spaces where 113 are required, but the applicant has provided a parking management plan that addresses said shortage. Neubecker emphasized that there is specific review criteria for a development plan, conditional use permit, and variances. Staff recommends approval of the application. Perez — Asked for specifications as to the end use of the project. She believes the parking management plan only speaks to the occupancy of the building by Sonnenalp staff. Pratt stated that 16 units will first be offered to the public before Sonnenalp staff. Perez asked if parking will be available to the non-Sonnenalp staff. Pratt stated that leases will be offered first to those without vehicles. Pratt stated that the item is nearly identical to what was proposed in April of 2017. January 2, 2018 - Page 100 of 1 Stockmar — Stated that the west fagade has balconies that may represent an attractive nuisance due to their proximity to the sloping hillside. Pratt stated that final grading is unavailable at this time. Rediker — Asked Pratt to confirm that the parking management plan applies to all of the units, not just Sonnenalp employees. Pratt stated that the request could be made a condition of approval. Rediker asked how much further up the hillside development would occur beyond the location of the existing retaining walls. Pratt stated that it will extend approximately fifteen feet (15') beyond the current location. Rediker asked for the height of the retaining wall in the rear. Pratt stated that it is not certain because they do not have final grading information available. Rediker asked if the retaining wall will be visible from the North Frontage Road. Hopkins — Asked for clarification as to what will happen to the existing retaining walls. Kurz — Asked what will happen to the telecommunications equipment on top of the existing building. Pratt stated he is unsure at this time if the existing operator will seek to maintain a presence on the new building. Kurz asked for clarification as to the size of the proposed loading berth. Rediker asked if the plans accommodate for telecommunications equipment if the operators seek to stay at the project site. Pratt responded that they will be incorporated into the chimneys shown on the plan elevations. Rediker opened the hearing for public comment. There was no public comment. Stockmar — Pleased with the development plan, despite the number of variances requested. The requested variances will not negatively impact the area. He believes this is an appropriate project for the site. Gillette — Is concerned about the parking variance request and cannot support the project as is. Kurz — Believes the parking variance will not negatively impact the area because of the close proximity to Lionshead. He feels the community benefits (65 EHUs) outweighs the need for parking. Perez — Supports employee housing, but she has to look beyond the site. The PEC just approved a parking structure at Red Sandstone Elementary School because there is a lack of parking in the area. She is concerned about the requested parking variance, especially because there is an office use associated with the request. Hopkins — The goal of the Environmental Sustainability Strategic Plan (ESSP) is to reduce the amount of vehicles within the Town. This is the type of project that allows for people to not need a vehicle. She supports the project. Rediker — Asked where emergency vehicles will access the property and how January 2, 2018 - Page 101 of 1 they will maneuver on-site. Pratt stated that the Fire Department has reviewed the proposal and is comfortable they can maneuver the site. Rediker summarized all the approvals requested and stated he does have concerns regarding the lack of parking, but he does believe the location is well served by bus routes and is pedestrian -friendly. He believes the development plan, conditional use permit, and the variance meet their respective required review criteria. Perez — Asked if the applicant would dedicate one (1) parking space per each unit for non-Sonnenalp employees. Johannes Faessler, owner of the property, stated that he was unwilling to do so. He stated that he has already talked with people interested in renting the units and that only a few stated that they require parking spaces. Perez stated that there is nothing from preventing residents from waiving their parking space if it is not required. Faessler stated that the proposal at hand is the best that can be done in regards to the amount of parking provided. Hopkins stated that the intention of the proposal is for seasonal workers, not permanent families. Pratt added that the parking management plan specifies a property owned by Sonnenalp in East Vail that can be used for parking/vehicular storage. Pratt also stated that the First Chair project across from Solar Vail has more beds per parking space than what is proposed for Solar Vail. Gillette asked if there was a variance granted for their parking. Neubecker stated that the First Chair development received approval for the amount of parking spaces provided. Gillette stated that the reason the Town has a parking issue is because not enough parking has been built. Faessler stated that the Town's parking issues can be separated from the Town's affordable housing problem. Gillette — Asked Neubecker about a procedural issue for voting on the requested variances. Neubecker stated that if he wished to vote against the parking spaces, he would vote against the development plan, not any particular variance. 4.3 A request for the review of variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to a side setback, located at 1200 Ptarmigan Road, Unit A / Lot 1, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (PEC17-0047) Applicant: Eileen Hyatt, represented by RKD Architects, Inc. Planner: Matt Panfil Motion: Table to December 11, 2017 First: Kurz Second: Perez Vote: 6-0-0 4.4 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations January 2, 2018 - Page 102 of 1 amendments to the following: (1) Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to add a definition for Lodge, Mixed -Residential; (2) Section 12-7A-3, Conditional Uses, Vail Town Code to allow Lodge, Mixed - Residential as a conditional use within the Public Accommodation (PA) District; (3) Section 12-7J-3, Conditional Uses, Vail Town Code to allow Lodge, Mixed -Residential as a conditional use within the Public Accommodation -2 (PA -2) District; and (4) Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to add Item A-17, Lodge, Mixed - Residential, and setting forth details in regard thereto. (PEC17-0052) Applicant: Braun Associates, Inc. Planner: Matt Panfil Withdrawn. 4.5 A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 36, Four Seasons, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, for a conditional use permit for a Lodge, Mixed -Residential, pursuant to Section 12-7A-3, Conditional Uses, in accordance with the provisions of Section 12, Chapter 16, Conditional Use Permits, to allow for the reconfiguration of existing accommodation units, fractional fee units, and dwelling units, located at 1 Vail Road/Lots A -C, Vail Village Filing 2, and setting forth details in regard thereto. (PEC17-0053) Applicant: Ex Vail LLC Extell Development, represented by Braun Associates, Inc. Planner: Matt Panfil Withdrawn. 4.6 A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, related to vegetation removal for wildfire mitigation purposes, and setting forth details in regard thereto. (PEC17-0043) Applicant: Town of Vail Planner: Jonathan Spence Motion: Approve First: Stockmar Second: Hopkins Vote: 6-0-0 Spence introduced the proposed text amendment by describing the three (3) different ways in which trees can be removed within the Town: 1.) abatement, 2.) Design Review Board (DRB) approval, or 3.) Wildfire Assessment conducted by the Fire Department. The Town is working together to make sure all tree removal requests follow the same criteria. The text amendment is a clean-up of existing language that is necessary to make sure the code is consistent across tree removal processes. January 2, 2018 - Page 103 of 1 Rediker opened the hearing for public comment. There was no public comment. There was support from all of the members of the PEC. Rediker stated that the proposed text amendment complied with all review criteria. 5. Approval of Minutes 5.1 October 23, 2017 PEC Results Action: Approve First: Kurz Second: Stockmar Vote: 6-0-0 6. Adjournment Action: Adjourn First: Kurz Second: Perez Vote: 6-0-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. January 2, 2018 - Page 104 of 1 TOWN IfO VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 22, Series of 2017, Second Reading, Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking violations PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 22, Series of 2017 upon second reading. BACKGROUND: Pursuant to C.R.S. § 42-4-111, the Town of Vail (the "Town") is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction. Pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws. ATTACHMENTS: Description Ordinance No. 22 Series of 2017 January 2, 2018 - Page 105 of 1 ORDINANCE NO. 22 SERIES 2017 AN ORDINANCE AMENDING TITLE 7, CHAPTER 3, ARTICLES C AND D OF THE VAIL TOWN CODE, REGARDING PENALTIES FOR CERTAIN PARKING VIOLATIONS WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction; and WHEREAS, pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3C-2 of the Vail Town Code is hereby repealed in its entirety. Section 2. Section 7-3D-1 of the Vail Town Code hereby is repealed in its entirety and reenacted to read as follows: 7-3D-1: PENALTIES: A. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a parking violation other than a violation of Section 7-3C-1 (unlawfully parking in a parking space reserved for handicapped persons or persons with disabilities), shall be fined as follows: First offense: Second similar offense within one year: Subsequent similar offenses within one year: $50.00 $75.00 $150.00 B. Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of Section 7-3C-1 (unlawfully parking in a parking space reserved for handicapped persons or persons with disabilities), shall be fined as follows: 1 Ordinance No. 22, Series of 2017 January 2, 2018 - Page 106 of 1 First offense: Second offense within one year: Subsequent offenses within one year: $100.00 $150.00 $200.00 i Section 3. 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 4. 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 5. The amendment of any provision of the Vail 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 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 2 Ordinance No. 22, Series of 2017 Dave Chapin, Mayor January 2, 2018 - Page 107 of 1 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of January, 2018. ATTEST: Patty McKenny, Town Clerk 3 Ordinance No. 22, Series of 2017 Dave Chapin, Mayor January 2, 2018 - Page 108 of 1 TOWN Of9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 23, Series of 2017, Second Reading, An Ordinance Amending Chapter 9 of Title 1 of the Vail Town Code by the Addition of a New Section 1-9-8(E) Regarding the Use of Collection Agencies to Collect Unpaid Fines and Costs. PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny Ordinance No. 23, Series of 2017 upon second reading. BACKGROUND: House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to pay money, failure to appear to pay money, or failure to appear at any post -sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount. The Town of Vail (the "Town") lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters. ATTACHMENTS: Description Ordinance No 23 Series of 2017 January 2, 2018 - Page 109 of 1 ORDINANCE NO. 23 SERIES 2017 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 1-9-8(E) REGARDING THE USE OF COLLECTION AGENCIES TO COLLECT UNPAID FINES AND COSTS WHEREAS, House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to pay money, failure to appear to pay money, or failure to appear at any post -sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary amount; WHEREAS, HB 16-1311 severely limits the ability of the Municipal Court to collect past due fines and costs owned to the Town due to ordinance violations; and WHEREAS, because the Town lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 1-9-8 of the Vail Town Code is hereby amended by the addition of a new Subsection E, reading as follows: 1-9-8: COURT COSTS: E. Use of Collection Agencies: To collect past due fines, penalties, costs, fees, surcharges and restitution, the Town may assign such accounts to any private collection agency, which agency shall be entitled to recover costs of collection in addition to the amount due. All fees or costs of a collection agency shall be added to the amount due, but such fees and costs shall not exceed twenty-five percent (25%) of the amount due to be collected. 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. 1 Ordinance No. 23 Series of 2017 January 2, 2018 - Page 110 of 1 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, 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 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 19th day of December, 2017 and a public hearing for second reading of this Ordinance is set for the 2nd day of January, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of January, 2018. ATTEST: Patty McKenny, Town Clerk 2 Ordinance No. 23 Series of 2017 Dave Chapin, Mayor January 2, 2018 - Page 111 of 1 VAILTOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 7:30 p.m. TOWN Of UAJL January 2, 2018 - Page 112 of 1