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HomeMy WebLinkAbout2018-02-20 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, February 20, 2018 TOWN Of 4IAJt 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. Consent Agenda 2.1. Award of construction contract to Hess Contracting Inc. for access improvements to Roger Staub Park 2.2. Town of Vail Letter of Support for Senator Donovan on SB 18-117 related to the State's Greenhouse Gas Inventory 2.3. Resolution No. 9, Series of 2018, A Resolution Approving the First Amendment to Lease Agreement Between the Town of Vail and the Eagle County School District; Setting Forth Details in Regard Thereto. 3. Town Manager Report 3.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager 4. Presentations / Discussion 5 min. 4.1. Final Review of 2018 Community Survey 30 min. Presenter(s): Suzanne Silverthorn, Communications Director, Chris, Cares, RRC Associates Action Requested of Council: The Town Council is asked to provide final direction regarding the 2018 community survey to include questions, schedule and methodology. Background: The Town of Vail community survey has been used to probe public policy issues and solicit feedback on additional topics of community interest. It has also been used to measure the town's operational performance as compared with previous years. The most recent surveys February 20, 2018 - Page 1 of 1 were conducted in 2014 and 2016. A 2018 survey has been budgeted to coincide with the new Town Council term and to benchmark municipal service levels. The purpose of this discussion is to receive final direction from the Town Council related to the survey details, including a schedule, methodology and topics. 4.2. Vail Valley Foundation Presentation and Funding Request for Proposed 30 min. Gerald R. Ford Amphitheater Improvement (Digital Screen) Presenter(s): Mike Imhof, Vail Valley Foundation Action Requested of Council: Feedback on funding proposal. Background: Vail Valley Foundation proposes a digital screen installation at the Gerald R. Ford Amphitheater with a request from the Town of Vail for funding support of the capital improvement. 4.3. USFS and Town of Vail Partnership Programs, including 1) Noxious Weeds 30 min. Management program, 2) Intermountain Fuel Reduction program, 3) Trails and Wildlife Presenter(s): Aaron Mayville, USFS, Gregg Barrie, Public Works Action Requested of Council: Provide feedback on programs and input on funding the weed management program. Background: There will be information and updates presented about the 1) Noxious Weeds Management program, 2) Intermountain Fuel Reduction program, 3) Trails and Wildlife. The USFS Holy Cross District Ranger will be present to review and answer questions about these topics. 4.4. Energy Management System Update Presenter(s): Mark Hoblitzell, Environmental Sustainability Coordinator Action Requested of Council: Staff requests the Vail Town Council consider the service levels of the proposed energy management software system. Background: With the goal of implementing an efficient energy tracking and emissions reporting system for Town of Vail municipal operations, staff released a Request for Proposals for a qualified firm to provide software services. Staff Recommendation: Service Level 1 provides for the in -budget option. However, staff recommends the Vail Town Council consider Service Level 2, which includes real-time data, scalability with the town's finance system, and advanced greenhouse gas emissions reporting compatible with third party platforms. 5. Action Items 5.1. Slifer Square Project Update and Contract Presenter(s): Chad Salli, Project Engineer, Public Works Action Requested of Council: Authorizing the Town Manage to enter into an agreement in a form approved by the Town Attorney in an amount not to exceed $3,027,583.14 with Icon Inc. for completion of the Slifer Square Project. Background: Staff has identified 4 significant maintenance issues concerning Slifer Square, as follows, 1) Damaged storm sewer, 2) Storm water being discharged into Gore Creek without treatment, 3) Water leaking from the fountain, and 4) Corroded steel snowmelt mains. In addition to the repairs necessary at Slifer Square, the portion of Meadow Drive along the Austria Haus is proposed to be reconstructed, see memo for details. Staff Recommendation: Staff recommends authorizing the Town Manage to 15 min. 30 min. February 20, 2018 - Page 2 of 1 enter into an agreement in a form approved by the Town Attorney awarding the base bid and Meadow Drive along the Austria Haus alternate in an amount not to exceed $3,027,583.14 with Icon Inc. and further investigate retrofitting the existing parking structure drainage vault to improve water quality. 5.2. Ordinance 5, Series 2018, First Reading, Ordinance amending Chapter 4 15 min. of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles Presenter(s): Gregg Barrie, Sr. Landscape Architect Action Requested of Council: Adopt, or adopt with revisions, Ordinance 5, Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. Background: The ordinance addresses regulations about the electronic personal assistive mobility devices and electric assisted bicycles. The topic has been discussed at previous council meetings and the Town Code would be amended if the legislation is approved. Staff Recommendation: Staff recommends adoption, or adoption with revisions, of Ordinance 5, Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. 6. Public Hearings 6.1. Ordinance No. 2, Series of 2018, Second Reading, An Ordinance Amending Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a New Section 1-9-10, Concerning the Sealing and Expungment of Criminal Records Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 2, Series of 2018, upon second reading. Background: Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records. Pursuant to C.R.S.§ 18-13-122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person. Ordinance No. 2, Series 2018 provides a procedure to seal or expunge certain criminal records in accordance with such legislation. Staff Recommendation: Approve Ordinance No. 2, Series of 2018, upon second reading. 6.2. Ordinance No. 3, Series of 2018, Second Reading, An Ordinance Amending Title 7, Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding Driving Under Restraint Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 3, Series of 2018 upon second reading. Background: The Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation. Ordinance No. 3, Series 2018 would adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. Staff Recommendation: Approve Ordinance No. 3, Series of 2018 upon 5 min. 5 min. February 20, 2018 - Page 3 of 1 second reading. 6.3. Ordinance No. 4, Series of 2018, Second Reading, An Ordinance Amending Title 10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning the Cultivation of Marijuana on Residential Property Presenter(s): Craig Bettis, Commander, and Matt Mire, town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 4, Series of 2018 upon second reading. Background: Under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature. As a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants. Ordinance No. 4, Series 2018 adopts local regulations to restrict the number of marijuana plants that may be cultivated on residential property to 6, and further adopts regulations to limit the impacts of such cultivation on surrounding areas. Staff Recommendation: Approve Ordinance No. 4, Series of 2018 upon second reading. 7. Adjournment 7.1. Adjournment 9:00 p.m. (estimated) 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. February 20, 2018 - Page 4 of 1 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Award of construction contract to Hess Contracting Inc. for access improvements to Roger Staub Park ATTACHMENTS: Description Memorandum February 20, 2018 - Page 5 of 1 TOWN OF VAIIL. Memorandum To: Vail Town Council From: Department of Public Works Date: February 20, 2018 Subject: Roger Staub Park Improvements Construction Contract I. BACKGROUND Improvements to Roger Staub Park, 371 W. Gore Creek Drive, are budgeted in the 2018 Capital Park Maintenance account. The design and preparation of construction documents for the project were prepared by Town staff and all required DRB approvals have been completed. The project was bid on January 23, 2018 with 2 bidders responding. Hess Contracting Inc., Avon, CO, submitted the lowest responsible bid in the amount of $86,226. There are sufficient funds in the 2018 Capital Park Maintenance account to cover the bid amount and complete other miscellaneous planned park improvement projects. II. ACTION REQUESTED BY COUNCIL Staff is requesting that the Town Council direct the Town Manager to enter into a Construction Contract with Hess Contracting Inc. in the amount of $86,226. III. STAFF RECOMMENDATION Staff recommends approval of the Construction Contract. With approval, work will begin on or around April 16, 2018 with anticipated completion by May 31, 2018. February 20, 2018 - Page 6 of 1 TOWN t f UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town of Vail Letter of Support for Senator Donovan on SB 18-117 related to the State's Greenhouse Gas Inventory ATTACHMENTS: Description TOV Letter of Support SB 18-117 February 20, 2018 - Page 7 of 1 TOWN of vain }` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com February 12, 2018 Senator Kerry Donovan State of Colorado Via email kerry.donovan.senate@state.co.us Dear Senator Donovan, Town Council 970.479.2106 970.479.2157 fax Greetings from home, and thanks for all the important work that you are doing in Denver. I am writing to share our support for SB18-117 -- a bill that will deliver a much- needed and updated greenhouse gas inventory for the State of Colorado. The current statewide inventory does not reflect recently adopted Colorado laws and policies. SB18- 117 will require the Department of Public Health and Environment to create biannual reports on greenhouse gas emissions in Colorado, by sector. This will, in turn, put Colorado in a stronger position to monitor GHG emissions toward the successful pursuit of meeting 2025 reduced emission goals. The Town of Vail supports SB -117. In addition to the statewide benefits of having more accurate monitoring information, this bill will enable local governments like the Town of Vail to more accurately gauge how localized efforts are contributing to statewide reductions. Thank you, Senator, for advancing this important legislation ... we truly appreciate your dedication to this very important issue. Very Sincerely, V-1)01 Dave Chapin, Mayor February 20, 2018 - Page 8 of 1 fros% Xpseref MXyf <xudermerrandsessns ,tm> 'o: LYegarton a: Subject Re: 5618417 Support GfrMing5, Sent rue an5.201541 PA Senator Do114Van and 1 would like to extend aur most sincere thanks Car your support an SB117. Unfortunately This bili failed in committee today with a 3.2 cote. The support for this bill from you community did not go unrecognized and was discussed during the hearing by Senator Donovan_ Please let me know if I can be of further assistance with this issue or any other_ Regards, Xander Malik xanaerL. Mann xancrerMarhn505eomarl corn (303)-866-487' Le915111Gre Alda efrita Of S6njtOrl(9My 004Ov3n cdlprdtld slam 5011a16,1315162:1 5 February 20, 2018 - Page 9 of 104 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 9, Series of 2018, A Resolution Approving the First Amendment to Lease Agreement Between the Town of Vail and the Eagle County School District; Setting Forth Details in Regard Thereto. ATTACHMENTS: Description Resolution No. 9 Series of 2018 Exhibit to Res. No. 9 February 20, 2018 - Page 10 of RESOLUTION NO. 9 Series of 2018 A RESOLUTION APPROVING THE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE COUNTY SCHOOL DISTRICT; 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 School District (the "District") is a State of Colorado school district duly organized and operated pursuant to Article IX of the Colorado Constitution and C.R.S. § 22-30-101, et seq.; WHERRAS, on April 12, 2006, the Parties entered into a lease of certain real property owned by the Town to the District for the Red Sandstone Elementary School, (the "Lease"); WHEREAS, the term of the Lease is through June 30, 2035; WHEREAS, by an Intergovernmental Development the Parties agreed to construct a parking structure on a portion of the Property not needed by the District for the Red Sandstone Elementary School; and WHEREAS, now the Parties wish to amend the Lease with to modify the leased premises to exclude the parking structure. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The First Amendment to Lease is hereby approved in substantially the same form attached hererto as Exhibit A and in a form approved by the Town Attorney, and the Town Manager is hereby authorized to execute the First Amendment to Lease on behalf of the Town. 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 20th day of March 2018. Dave Chapin, Mayor of the Town of Vail, Colorado ATTEST: Patty McKenny, Town Clerk Resolution No. 9, Series of 2018 February 20, 2018 - Page 11 of EXHIBIT A FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (the "Amendment") is made this day of , 2018 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town"), and the Eagle County School District, a Colorado school district with an address of 948 Chambers Avenue, P.O. Box 740, Eagle, Colorado 81631 (the "District"). WHEREAS, the District is a State of Colorado school district duly organized and operated pursuant to Article IX of the Colorado Constitution and C.R.S. § 22-30-101, et seq. WHEREAS, the Town is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; WHEREAS, on April 12, 2006, the Parties entered into a lease of certain real property owned by the Town to the District for the Red Sandstone Elementary School, recorded in the records of the Eagle County Clerk and Recorder at Reception No. 200619320 (the "Lease"); WHEREAS, the term of the Lease is through June 30, 2035; WHEREAS, by an Intergovernmental Development Agreement dated , 2017, the Parties agreed to construct a parking structure on a portion of the Property not needed by the District for the Red Sandstone Elementary School; and WHEREAS, now the Parties wish to amend the Lease to modify the leased premises to exclude the parking structure. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The Lease is hereby modified as follows: a. Exhibit A-1, attached hereto and incorporated herein by this reference, is hereby substituted for Exhibit A in the Lease and shall be referred to as the "Premises." b. The driveway, as depicted on Exhibit A-1, will be open to public use and emergency access. c. The location and use of the Premises are subject to all easements of record now existing or hereafter granted by the Town. 1 2/14/2018 C:IUSERSITNAGEL.VAILGOV.0301APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKIRWO8AAVT\ LEASE 1ST AMEND -A013018. DOCX February 20, 2018 - Page 12 of 2. All remaining provisions of the Lease shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date. ATTEST: ATTEST: Patty McKenny, Town Clerk EAGLE COUNTY SCHOOL DISTRICT TOWN OF VAIL Greg Clifton, Town Manager 2 2/14/2018 C:IUSERSITNAGEL.VAILGOV.0301APPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT OUTLOOKIRWO8AAVT\ LEASE 1ST AMEND -A013018. DOCX February 20, 2018 - Page 13 of VAIL POTATO PATCH FILING 2 FOUND 1}" ALUMINUM CAP N. LS 30091 \ 825d:8N N. EL FOUND 1" PLASTIC CAP TOWN OF VAIL I` LUMBER & 1 •I S ERCANTILE COMPANY 1 I i II' RIM EL:8233.63 N./E. INV. EL:8227.40 FOUND REBA], _ 6J / FOUND YELLOW CAP LS 11413 EXHIBIT A-1 FOUND YELLOW CA L5 11413 TRACT C 18.84 AC. RO. 129527 FOUND REBAR etre RETAINING WALL (TYPJ TRACT C 18.84 AC. RO. 129527 Aa ----- G. ` +� d ❑ I1. � 40444, 1.U1l1' If❑�I G.❑$I ms's -'��' j►" 1� _ a �'i►�iiS , 4 4 ■� ;, �- g Aat Or r Q � -•w- VIP • • ElGPMPOF'ORM OT C ❑ ❑ Q 0- `• ❑Cfn6o8ti❑❑❑Lam] \❑ ❑❑❑❑rrEroo❑❑\ a0❑ ■ ❑❑❑❑❑❑❑❑111 Ilstga-1;:tp ❑-D-.D` tnmy— • —E/W. INV. � 621& • 9'. RIM EL: 82.30.• FOUND REBAR •• \ • • •—•—•._— FOUND YELLOW ./S. -INV S ELp20xB2 C-41* LS 11413AP fl � " /_ • 8\�G� 4,0 • ons 'nay PART OF LOT 8 1A AC. B240/P723 nuTr - - - R0, 12952 MENT -VOUND ALUMINUM CAP DISTURBED 189. EL,8 \ SART OF VAIL POTATO PATCH TRACT C 0.98 AC. ,_,...8258/P452 LOT 9 • —_ , \ \ �„ 4.92 AC. • 4 / -- % _.� �.. -� - • y 8 iI. /� R / / use - / / ••• rebruai i 20, 2010 rage 14 of 104 1 LEGEND GRAPHIC SCALE 1 2 1 it -406 TOWN OF VAIL EAGLE COUNTY SCHOOL DISTRICT VAIL RECREATION DISTRICT WIWte ZIHNIQ J wisz 7%11w'8 1_ Z w Z OJ ww EN4NEER6STN!P 551 N Frontage Rd West Veil, CO 81657 W c, CO LE • (OJ -ON U Q 0 I-• CDm CL () 0 O C N "_' 0 0.. • ci) 0 o -0 al • (13 0 C CL • NN —\ > W LJ. Ii 21 1 us 1 rn J VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report PRESENTER(S): Greg Clifton, Town Manager ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 February 20, 2018 - Page 15 of TOWN OF511.) 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - February 20th TOWN COUNCIL MEETING TOPICS • Clubhouse Update • 1-70 Auxiliary Lanes • Vail Valley Health Annual Meeting • Annual CCCMA Meeting Town Manager's Office 970.479.2106 970.479.2157 fax Clubhouse Update The Vail Recreation District Subcommittee met for two hours on February 6t" Numerous items were discussed and the meeting was productive. Specific to the Clubhouse, thorough discussion was had with regard to the status of pending items that need to be addressed, with notable progress since the last update to the Town Council. As a reminder, the town has had a commissioning agent review the project systems to ensure they are constructed and operating as designed. Initially the commission agent generated a list of over 80 items to address. It is noted that some of these items are suggested improvements which were not part of the design but may make the building more functional from a systems standpoint. The contractor has completed the majority of the items, the town had our independent mechanical contractor verify the completion of the items; a few required rework and those have been completed. The commissioning agent, the MEP design consultant, architect, contractor, subs and town staff and VRD staff are scheduled to review the entire list March 1st on site as part of the commissioning and project close out. The contractor completed the rest of the punch list work that was identified for the fall, with the exceptions that are noted below, as well as the majority of over 170 items provided in a warranty list just after the first of the year. Specific items still outstanding to be completed this spring, subsequent to April 15th, will be: • vinyl floor replacement (all public areas) • one tree replacement • roof leak (under warranty) • water penetration spot (not under warranty) • some concrete repair • some asphalt repair • final door resolution in the banquet room. The town continues to hold over $174,000 as a final payment once all the work is completed. This retention of funds, and the inclusion of our Facilities Manager John King in the resolution process, has proven to be effective in seeing the many items addressed. So progress has been, and remains, very good. Thanks to Greg Hall, John King, and the many others who have overseen these lingering details. February 20, 2018 - Page 16 of Town Manager's Report 1-70 Auxiliary Lanes Update The below is courtesy of Suzanne Silverthorn, Communications Director: pews Franc I-70 West Vail Pass f31 Auxiliary Lanes February 8, 2018 w w.aobrado:t.ida wmr.famboA.aan: aahradodat Twitter. €writ t: Tray Trul:;, € DDT €anrnuriaatiarc rlarrager 97J•3'r1•3371 traw.trulmeVrtate.ca..i PRESS RELEASE Improv ments tieing planned an West Vail Pass VAIL- The €:brach D cartr 1t Cif Trasaortatio, (€ DOTI mow* begwr an Erwin:mental ental Asps:anent (EA: rtid: to im xrnr aafet; z,dcperatims an I -74's Wst Vail Pas. This study will irostigate orirtiv aid fibre tral-3artatrs crn±t as, derelop ad aulyae paterrtul irrrpra,ernart:, aid ideitiF; a xeferTed sltcmatire to twee irrto preliniury deed,. Aneastbarrrs1 ad wsthaod aaiBary lax hurl, the Eat Vail writ to the Vail P rst arsm I- 70 was ream -amended in abroad -male stud; of the I-74mao: an aarridar in21711. The EA will study the benefits and imps. of thee additiaul lane and ather safety and Teraina! irrpra rmerrts an Wst Vail P. Foul derigi aid oastrwtiarr will fallor as fu-ditg :scams anal Wle. Pulaia and stsaodnlder ip.rt and imatternsrt is a ettial drum this planrie3 effort. and avtrrrnarity msrubY input will *Farm deociantnalrir3 ifiraughwt this prajeot. Aprtba alien base meetings planed far February fl at D>ncr ar Pailian, 1600 S. Frvrta3e flaad Wert, ygjt k rnhers aF the pt&i are invited t: attend wry tine between -1: 31- 6: 31 p m. to Ism akut the praieat, preside suastuas reprdrng mos—arr inproxe menet. and tali with mashers aF the prajeat term. N: farrmal presvrtatiar s plrrred. Far thine arable to attend the meetitg ii 3erzn, the meeti '. gu ru displays will he made arai Wle or the project weir page ogizri s February 22. Comment ent war he abnitted arrytime ria st mare aamnert form. Ta view the graphas, ahmit aamrenis, or to jar the prajeat rmailkg Ott, :sit www.aodot.acri prajeatsf 1-70-Wst-Vail-Autitiare-Care. STUDY INFO PJ144TI IN: Far mxeirfamatiar an the I-70 Wst Vail PassMmliary Lars pajeat, visit w'rv.aodat.ga. 1paie:tsl 1 -71'3 -Wert -Vail -Auxiliary -Care. Vail Health Annual Meeting The annual meeting occurred on January 30th and the attendance was very high. It was an excellent meeting loaded with in-depth information related to the services provided, the structure of the organization (a non-profit), the staff (965 local employees, emergency care and urgent care, the many specialty services and levels of care that are provided, sports medicine, the volunteer corps, and related topics. I am taking the liberty of posting two images from the presentation, related to mental health (and its significance related to the recently approved ballot measure), and the master plan (related to pending construction and the new facilities that will be completed in the near term). Page 2 February 20, 2018 - Page 17 of MENTAL HEALTH • Increase in detox patients from 210 (2014) to 511 {2016). • Nearly 13% of Eagle County 7th & 8th graders have a suicide plan. • People with mental illness wait an average of 10 years to seek treatment. • 60% of people with a mental illness don't receive treatment. • 20% of veterans suffer from PTSD or severe depression. • Ballot 1A designates $1.2 million annually for mental health services in Eagle County. Counselors in schools, jails Operation of walk-in clinic, mental health beds, social detox facility MASTER FACILITY PLAN West Wing completed (2015-17) East Wing started (2017-20) • Increased size for our growing community • Modernized facility that is easy to navigate • New 24x7 Emergency Department • New patient rooms & intensive care unit • Additional physician clinic space • Expanded medical research capabilities • New entrance off South Frontage Road • On -campus helipad • More covered parking 17 VAIL HEALTH OUR HOSPITAL OF THE FUTURE (2020) %7 Town Manager's Report Page 3 February 20, 2018 - Page 18 of Colorado City and County Managers Association The annual conference occurred in Glenwood Springs on February 8th and 9th. It was a good conference with about 260 management level employees from local governments throughout the state attending. The list of topics and presentations was excellent. Highlights included an inspiring keynote speech by Randy Fox, a leadership expert and NCAA basketball official; a panel discussion related to economic development; and an interesting presentation entitled "Sustainovation: Unlocking Sustainable Innovation in Government" presented by Nick Kittle (who has experience as a dynamic TedX speaker). Town Manager's Report Page 4 February 20, 2018 - Page 19 of TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Final Review of 2018 Community Survey PRESENTER(S): Suzanne Silverthorn, Communications Director, Chris, Cares, RRC Associates ACTION REQUESTED OF COUNCIL: The Town Council is asked to provide final direction regarding the 2018 community survey to include questions, schedule and methodology. BACKGROUND: The Town of Vail community survey has been used to probe public policy issues and solicit feedback on additional topics of community interest. It has also been used to measure the town's operational performance as compared with previous years. The most recent surveys were conducted in 2014 and 2016. A 2018 survey has been budgeted to coincide with the new Town Council term and to benchmark municipal service levels. The purpose of this discussion is to receive final direction from the Town Council related to the survey details, including a schedule, methodology and topics. ATTACHMENTS: Description Memo Community Survey draft 2018 Community Survey 2016 Community Survey Results February 20, 2018 - Page 20 of TOWN of VAIL: Memorandum To: Vail Town Council From: Greg Clifton, Town Manager Suzanne Silverthorn, Communications Director Date: February 20, 2018 Subject: Final Review of 2018 Community Survey BACKGROUND The Town of Vail Community Survey has been used to probe public policy issues and solicit feedback on additional topics of community interest. It has also been used to measure the town's operational performance as compared with previous years. The most recent surveys were conducted in 2014 and 2016. A 2018 survey has been budgeted to coincide with the new Town Council term and to benchmark municipal service levels. At the February 6, 2018 work session, the Town Council reviewed a working draft of the survey questions, proposed methodology and identified additional topics to probe. The purpose of this work session is to review the updated survey draft and provide any additional direction in preparation for the survey's distribution in the March -April time frame. II. TOWN COUNCIL TOPICS & THEMES Following the February 6 work session, the 2018 draft survey has been modified to include the following topics and themes identified by Town Council: • Transit — Q. 16 — Potential for increased bus ridership with increased frequency • Community Issues & Opportunities — Q. 27 contains an introduction that identifies Council prioritization of "careful budgeting" and "economic vitality." The survey question (Q. 27) asks respondents to prioritize areas of focus. It has been modified to reflect input from Council and staff. The bank of questions also asks about the level of support for a dedicated funding source for Events, as well as a funding source for Deed Restricted Housing. These questions could be asked in terms of a "tax increase subject to voter approval," or as shown in the survey draft it could not specify what the source of the funding would be. Note: This topic has been flagged for additional discussion with Town Council. • Planning -Related Programs — Q. 28 — includes the addition of "optimizing the use of developed town -owned lands and facilities for the long-term needs of the community." • Financial Prioritizing — Q. 29 — Includes revised description, re: "new indoor event space," a revised description for parking management and new transportation (bus) categories. • Deed Restricted Housing — Q. 30 — revised to reflect current housing efforts by the town. • The Environment — Q. 32 — presents two alternative questions related to the environment. • Emergency Preparedness — Q. 35 — has been added, re: resiliency suggestion. The question provides an introduction to acquaint the respondent with the topic. It then asks February 20, 2018 - Page 21 of about awareness of hazards related to multiple event types — wildfire, flood or hazardous materials. • Parking & Transportation — Q. 37 and Q. 38 — has been added, re: bike share and car share programs • Ownership and Property Rental Information — Q. 45 — has been added, re: neighborhood character/quality of life impacts • Participation incentives — To increase participation in the survey, staff proposes promotion of 10 drawings (up from 5 drawings in 2016) from March 12 through April 9 with survey -takers eligible to win $100 each in the 10 separate drawings. We would call out the first drawing that would occur based on the first 100 surveys received, adding some incentive to responding promptly. III. COMMUNITY SURVEY METHODOLOGY The proposed methodology for the 2018 survey would use two techniques: 1) A "statistically valid" survey distributed to a random sampling of approximately 4,500 households (2,500 residents and 2,000 part-time residents) using an initial postcard mailing inviting recipients to enter a password to complete the survey online. (Note, as in the past, two passwords per household would be provided to encourage broad participation). This mailing would be followed by a second postcard reminder to encourage further response. RRC has used this two -card mailing technique with success in other communities. 2) Promotion of an open invitation to complete the survey online without a password restriction. In addition, staff recommends the return of an incentive program implemented at Council's suggestion in 2016 in which a weekly drawing is promoted for one of 10 $100 Visa gift cards to encourage participation. The initial postcard invitation mailing would be based on a list of Vail households to be obtained through the Town or other sources. In addition, paper copies of the survey would be made available upon request as an alternative to the on-line survey; this would be described on the postcard invitation. Additionally, the survey would be available for distribution in Town of Vail buildings as a mail -back option. These techniques have been used successfully in the past in Vail. The proposed methods will permit comparability to past research and represent an inclusive outreach to citizens with several different types of invitations to participate. The results will provide a proven tool for understanding community sentiment. IV. TIMELINE A proposed schedule for the 2018 survey project is as follows: Feb. 6 Afternoon Session Review of draft survey and discussion of community issues/topics by Town Council Feb. 20 Evening Session Survey review and refinement by Town Council Week of Feb. 27 Finalization of survey Week of March 5 Mailing postcards to Vail households to invite participation (includes a sampling of second homeowners and business representatives). Reminder postcards to be sent approximately March 21. March 26 Promotion of survey to enlist participation by all interested parties using open link address Town of Vail Page 2 February 20, 2018 - Page 22 of March 26 to April 16 Distribution of paper copies in municipal facilities for mail -back April 18 Last day for survey participation June Presentation of report V. ACTION REQUESTED OF TOWN COUNCIL Staff is seeking direction from the Town Council regarding finalization of the 2018 Community Survey questions, schedule and methodology. VI. ATTACHMENTS 2018 Revised Survey Draft 2016 Survey Results Town of Vail Page 3 February 20, 2018 - Page 23 of TOWN OFD COMMUNITY SURVEY 2018 DRAFT #2 - FOR STAFF AND COUNCIL REVIEW 2/20/2018 First, a few questions about you and the general state of Vail... 1. Is your residence (either year-round or seasonal) within the town of Vail? [ ] Yes [ ] No (GO TO Q. 2) If yes, where? [ ] East Vail [ ] Booth Falls and Bald Mountain Road areas [ ] Booth Creek/Aspen Lane [ ] Golf Course [ ] Vail Village [ ] Lionshead [ ] Potato Patch, Sandstone 2. Which of the following best describes you? [ ] Year-round resident (11+ months/year) [ ] Part-time resident [ ] Employed in the town of Vail but don't live there [ ] Get mail in the town but don't live or work there [ ] Non-resident owner of business/commercial property [ ] Buffehr Creek, Lionsridge, the Valley [ ] Vail Commons/Safeway area [ ] West Vail (north of 1-70) [ ] Matterhorn, Glen Lyon [ ] Intermountain [ ] Not a resident of the town of Vail [ ] Other 3. What is the ZIP Code of your primary residence? 4. Would you say that things in the town of Vail are going in the right direction, or have they gotten off on the wrong track? [ ] Right direction [ ] Wrong track [ ] Don't know In a few words, why do you feel that way? (Please attach an additional sheet of paper with your comments if needed on any survey question.) 5. Using the 1 to 5 scale below, how satisfied are you with the Town of Vail local government in terms of providing information to citizens about what local government is doing, including offering ample public engagement opportunities, approachability, and being collaborative in the decision-making process? NOT AT ALL SATISFIED 1 1 1 1 Providing information to citizens Offering public engagement opportunities Being collaborative in decision-making process Approachability of staff and Town Council members Do you have any specific comments on your ratings? 2 2 2 2 3 3 3 3 VERY SATISFIED 4 5 4 5 4 5 4 5 DON'T KNOW x x x x 1 February 20, 2018 - Page 24 of TOWN SERVICES — The following questions ask you about your use of various services provided by the Town and your satisfaction with these services. The Public Works Department provides maintenance of public areas including parks, buildings, roads and village areas. 6. Rate your satisfaction with Public Works services in the Town of Vail: NOT AT ALL SATISFIED Snow removal on roads VERY DON'T SATISFIED KNOW 1 2 3 4 5 x Road and street maintenance by the Town of Vail (potholes, sweeping, drainage, etc.) 1 2 3 4 5 x Overall park maintenance 1 2 3 4 5 x Appearance and condition of Town -owned buildings 1 2 3 4 5 x Friendliness and courteous attitude of Public Works employees 1 2 3 4 5 x Cleanliness of pedestrian villages 1 2 3 4 5 x Cleanliness of public restrooms 1 2 3 4 5 x Do you have any suggestions on how Public Works can improve its services? Public Safety 7. Please rate your satisfaction with the following aspects of Fire Services in the Town of Vail: NOT AT ALL VERY DON'T SATISFIED SATISFIED KNOW Response times to emergency incidents 1 2 3 4 5 x Wildfire mitigation efforts 1 2 3 4 5 x Courtesy and helpfulness of fire department staff 1 2 3 4 5 x Timely plan -check and fire system inspections 1 2 3 4 5 x Fire safety, awareness and education programs 1 2 3 4 5 x Do you have any suggestions on how the Fire Department can improve its services? 8. Please rate your satisfaction with the following aspects of Police Services in the Town of Vail: NOT AT ALL VERY DON'T SATISFIED SATISFIED KNOW Overall feeling of safety and security 1 2 3 4 5 x Appropriate presence of police on foot/vehicle patrol 1 2 3 4 5 x Friendliness and approachability of Vail police department employees 1 2 3 4 5 x Overall quality of service 1 2 3 4 5 x Visibility of police foot/vehicle patrol 1 2 3 4 5 x Trustw rthincscConfidence in the police department 1 2 3 4 5 x Do you have any suggestions on how the Police Department can improve its services? 2 February 20, 2018 - Page 25 of The Community Development Department provides planning, design review, environmental programs, and building inspection services. 9. Do you know that Town now offers an online portal that provides information on reviews in progress, property research, building permits, and on-line planning applications? [ ] Yes [ ] No [ ] Uncertain 9a. And are you aware that this portal provides the ability to notify the Town of a code violation? [ ] Yes [ ] No [ ] Uncertain 10. Have you used the services of the Community Development Department within the past 12 months? [ ]Yes [ ]No(GOTOQ.12) 11. Please rate your satisfaction with the following aspects of the Community Development Department: NOT AT ALL VERY DON'T SATISFIED SATISFIED KNOW Availability of information (e.g., public records) 1 2 3 4 5 x Timeliness of response (to telephone calls, inspections, questions/inquiries, plan review, etc.) 1 2 3 4 5 x Building permit review and inspections 1 2 3 4 5 x Courtesy and attitude/helpfulness 1 2 3 4 5 x Knowledge/ability to answer questions 1 2 3 4 5 x Do you have any suggestions on how the Community Development Department can improve its services? Parking and Bus Service 12. Are you aware that the Town offers residents/employees a variety of parking passes and discount parking programs? [ ] Yes [ ] No [ ] Uncertain 13. Do you own a parking pass or value card this season? []No Why do you not buy a parking pass or value card? [ ] Yes: [ ] Gold pass [ ] Blue pass [ ] Green pass [ ] Pink pass [ ] Value card 14. Please rate your satisfaction with public parking services in Vail. NOT AT ALL VERY DON'T SATISFIED SATISFIED KNOW Booth attendant courtesy 1 2 3 4 5 x Parking structure cleanliness 1 2 3 4 5 x Overflow Vail Frontage Road parking (safety) 1 2 3 4 5 x Overflow Frontage Road parking (convenience/ease of access) 1 2 3 4 5 x Ease of parking in summer 1 2 3 4 5 x Ease of parking in winter 1 2 3 4 5 x Overall parking fees/pricing structure 1 2 3 4 5 x Other than adjusting parking fees, what could the Town of Vail do to improve your satisfaction with parking in the town? 15. Please rate your satisfaction with bus service. 3 February 20, 2018 - Page 26 of NOT AT ALL VERY DON'T SATISFIED SATISFIED KNOW Frequency of in -town shuttle (Lionshead to Golden Peak) 1 2 3 4 5 x Frequency of outlying service — Vail neighborhoods 1 2 3 4 5 x Bus driver courtesy 1 2 3 4 5 x Dependability of bus service 1 2 3 4 5 x Cleanliness of buses 1 2 3 4 5 x Level of crowding on buses 1 2 3 4 5 x Atmosphere/sense of safety on buses 1 2 3 4 5 x 16. Would you use the TOV buses more if frequency of service was increased? J. 1 Yes 1 1 No f l Uncertain 16a. (IF YES) On which routes would you like to see more frequent service? 16b. Do you have other suggestions on how bus services can be improved in Vail? EVENTS Vail has developed a wide variety of events and special programs in all seasons that have become part of our community culture. Our events now include concerts, festivals, athletic events, arts and learning -based programs, and other activities. 17. In general, how would you describe the experience that events in Vail create for you and your guests? VERY VERY DON'T NEGATIVE NEUTRAL POSITIVE KNOW 1 2 3 4 5 x 18. With respect to the number of events in Vail, are there: [ ] Too few events [ ] About the right number [ ] Too many events 18a. Is there a specific type of event or special program you would like to see added to Vail's town -wide calendar? 19. How effectively do you feel our mix of events is appealing to the right audiences for Vail? NOT AT ALL VERY DON'T EFFECTIVE EFFECTIVE KNOW 1 2 3 4 5 x 20. Please rate your satisfaction with the following aspects of town -wide events: NOT AT ALL VERY DON'T SATISFIED SATISFIED KNOW The overall quality of events in Vail 1 2 3 4 5 x Overall quality of cultural, community, recreational, performing arts, business conference venue options in Vail 1 2 3 4 5 x Is there anything else you want to say regarding your level of satisfaction with events? 4 February 20, 2018 - Page 27 of COMMUNITY ISSUES AND OPPORTUNITIES 21. The Town of Vail invests in various events in Vail. In general, what is your opinion of this economic development strategy? [ ] I strongly support the Town's financial investment in events [ ] I am somewhat in favor [ ] I am neutral [ ] I somewhat oppose [ ] I strongly oppose 22. Do you have any further comments on events or programs in Vail? Library Services Vail Public Library offers access to information resources of many types to serve the needs of Vail's guests, residents, businesses and schools. 23. Please respond to the following questions using "Yes" or "No." Do you have a library card in the Town of Vail? Do you access the library remotely as well as in person? Have you used the library's website or e -newsletter? YES NO [] [[ [] [[ [] [[ 24. How frequently do you use the library? times per month 25. What do you like best about Vail Public Library? What would you like to see us add/offerlchange? 26. Please rate your overall satisfaction with Vail Public Library: NOT AT ALL VERY DON'T SATISFIED SATISFIED KNOW 1 2 3 4 5 x How can the library improve its services? The following questions provide you with an opportunity to express your opinions concerning areas of public policy that require tradeoffs and/or prioritization. They include questions on areas of emphasis that have been identified by Town Council for consideration in the coming months including topics related to the Environment, Work Force Housing and Parking. Note that the Council has a continuing commitment to careful budget management (keeping Vail fiscally healthy), and economic vitality (investing in facilities, services and events to keep Vail competitive). 5 February 20, 2018 - Page 28 of 27. The Vail Town Council and staff value community input to help understand your priorities. For each area listed below, indicate the level of priority you believe is appropriate. (Use a 1 to 5 scale where 1=Not a Priority, 3=Somewhat, 5=High Priority.) NOTA HIGH DON'T PRIORITY NEUTRAL PRIORITY KNOW 1. Environmental sustainability (waste and energy conservation programs, environmental education, etc.) 1 2 3 4 5 x 2. Actions to protect and enhance Gore Creek 1 2 3 4 5 x 3. Climate action and leadership on matters of policy (economic, social and environmental) 1 2 3 4 5 x 4. Focus on Housing for middle income and service worker households in vital support roles 1 2 3 4 5 x 5. Guest relations and customer service 1 2 3 4 5 x 5,6. Parking opportunities for residents and visitors/guests 1 2 3 4 5 x 6:7. Public safety (police and fire services) 1 2 3 4 5 x 8 Transportation needs (Eagle County/regional) bus service 1 2 3 4 5 x 7A. Transportation needs (in -Town) bus service 1 2 3 4 5 x 10. Pursuing a dedicated funding sourcoa to provide ongoing support for events and programs to serve visitors and the Vail community 1 2 3 4 5 x 11. Pursuing a dedicated funding source to provide ongoing financial support for deed restricted housinq- 1 2 3 4 5 x What two areas are your highest priorities? (Insert numbers from list: # Any comments on your responses? ,# ) 28. The history of Vail is deeply rooted in a vision for its future, and successful master planning initiatives targeted towards achieving the community's vision. Over time, master plan actions get implemented and the vision for the community needs to be revisited to remain relevant. There are several master planning initiatives being considered by the Vail Town Council. For each area listed below, indicate the level of priority you believe is appropriate. (Use a 1 to 5 scale where 1=Not a Priority, 3=Somewhat, 5=High Priority.) NOTA HIGH DON'T PRIORITY NEUTRAL PRIORITY KNOW Undertaking a community visioning plan to better determined Vail's future 1 2 3 4 5 x Planning for the future of the West Vail area 1 2 3 4 5 x Planning to ensure that the Town is optimizing the use of developed town -owned lands and facilities for the long --term needs of the community 1 2 3 4 5 x Are there any other master planning initiatives the Town Council should be considering? Do you have any specific comments on your responses? 6 Comment [CC1]: Alternatively, this question could be asked, "Pursuing a modest sales tax increase, subject to voter approval, to provide ongoing support for events and programs..." February 20, 2018 - Page 29 of Fi, W re in nancial Prioritizing e are interested in the relative priority that you would place on improvements to serve the Vail community including sidents and visitorslguests. Recognizing that the categories of projects listed below would likely involve significant iestment that may require expenditures greater than the Town's typical annual budget, please provide your input. 29 With $5 increments being the smallest amount you might use, if you had $100 to spend on major efforts, how would you allocate that $100 across the following categories? Or, if you would not allocate funds to any of these categories, please indicate by checking the box provided below. Leave any items blank if you don't want to allocate funds to a category and please make sure your allocation totals $100. $ Defining overall comprehensive parking management policies to ensure that there is adequate parking for residents and visitors at peak times, potentially using a combination of additional parking spaces and pricing/management strategies $ Environmental Sustainability efforts (including waste and recycling, wildlife habitat, climate change, Gore Creek restoration and energy efficiency) $ Expanded housing opportunities for a wide range of household incomes and a variety of resort community occupations middle incomc and service worker households $ Creation of a new indoor events and programs space to support a variety of cultural and community activities $ Transportation improvements to address needs through bus service - in Vail $ Transportation improvements to address needs through bus service - regionally $ Planning and development of a Civic Centerjenhanced community spaces including the Dobson Arena/Library/Lionshead Parking Structure, Town Hall, etc.) $ Other: (please explain) $ 100 OR [ ] I would not allocate any substantial funding to these types of efforts in the future Do you have any -comments on any of your responses above? Deed -Restricted (Work Force) Housing Opportunities 30. The Vail Town Council acknowledges the important role deed -restricted housing plays in maintaining and sustaining community in Vail. There has been discussion about various techniques to expand deed -restricted opportunities in the area. Please indicate your opinion using the scale of 1 to 4 below. NOT AT ALL VERY DON'T SUPPORTIVE SUPPORTIVE KNOW Allowing developers to meet their deed restricted housing requirement outside town boundaries 1 2 3 4 x Apply deed restricted housing requirements to all new or expanded residential development 1 2 3 4 x Allowing increases in residential density in appropriate locations or circumstances 1 2 3 4 x Identify and financially support opportunities for regional partnerships to construct new deed restricted housing outside town boundaries 1 2 3 4 x Other: (please provide your suggestions): 1 2 3 4 x Do you have any suggestions on how work force housing opportunities can be improved? 7 February 20, 2018 - Page 30 of The Environment Vail has successfully undergone an audit as part of its goal to become a globally -certified sustainable destination. Sustainable destinations seek to leverage the positive benefits of tourism while ensuring the health and viability of the local community. 31. Do you have any comments or suggestions concerning Vail's efforts toward being a sustainable destination? 32. Please rank the importance of the following environmental sustainability program focus areas for the Town of Vail: NOT AT ALL VERY DON'T IMPORTANT IMPORTANT KNOW Climate change action and policy advocacy 1 2 3 4 5 x Recycling and waste reduction 1 2 3 4 5 x Renewable energy projects in town (e.g., solar PV on buildings) 1 2 3 4 5 x Stronger enforcement and ticketing of existing regulations 1 2 3 4 5 x Wildlife habitat areas (for food, shelter, movement, etc.) 1 2 3 4 5 x Alternative question — If this is added Q32 would be deleted: Now in its second year of implementation, the Gore Creek Strategic Plan identified improved regulations as of the strategic actions to improve water quality. Using the scale below, indicate your opinion. NOT AT ALL VERY DON'T SUPPORTIVE SUPPORTIVE KNOW An increase to stream setback rules 1 2 3 4 x A watershed protection ordinance that would restrict pesticide use 1 2 3 4 x A "no -mowing" zone (to restrict lawn mowing next to waterways) 1 2 3 4 x 33. The Town is currently working on improving and protecting Gore Creek water quality. Please identify the barriers that exist toward your personal use of environmentally friendly landscaping practices on your property. Rate the following on a scale of 1 to 5 where 1 is "strongly disagree" and 5 is "strongly agree" that these are barriers. STRONGLY STRONGLY DON'T DISAGREE AGREE KNOW Lack of knowledge of eco -friendly practices 1 2 3 4 5 x HOA handles landscaping/HOA rules 1 2 3 4 5 x I prefer a green turf lawn, space to play, socialize, etc. 1 2 3 4 5 x Lack of effective alternatives to pesticides/herbicides 1 2 3 4 5 x Costs are prohibitive 1 2 3 4 5 x Lack of eco -friendly landscapers 1 2 3 4 5 x Native plants and vegetation are not visually appealing; they attract nuisance animals, and/or obscure views 1 2 3 4 5 x Other 1 2 3 4 5 x 34. Wildfire poses a risk to our homes, environment, economy, recreation and safety. Effective wildfire mitigation requires a multi -faceted approach. Please indicate your opinion using the scale of 1 to 4 below. NOT AT ALL VERY DON'T SUPPORTIVE SUPPORTIVE KNOW Creation of defensible space on individual properties (where vegetation is reduced or modified to create a buffer around the home) 1 2 3 4 x Evaluation of the defensible space around each home by trained personnel 1 2 3 4 x Design standards that facilitate the creation of defensible space (such as using deciduous trees rather than conifers) 1 2 3 4 x Household Preparedness for an Emergency 8 Comment [CC2]: Or this could be asked something like, What does "being a sustainable destination" mean to you personally? February 20, 2018 - Page 31 of Being prepared for a catastrophic event (for example, wildfire, a flood, or a hazardous materials spill on 1-70) would include understanding what you should do in conditions where you might not have the support or intervention of first responders. Preparedness means that you have an evacuation plan/kit and you have registered with EC alert so that you can receive timely notification of an impending threat or evacuation. 35. How prepared would you say you and your household are in the event of a catastrophic emergency event? [ ] Extremely prepared [ ] Somewhat prepared [ ] Slightly prepared [ ] Not at all prepared Do you have any comments or unanswered questions related to Emergency Preparedness in Vail? Parking and Transportation 36. The Town is working on finding an appropriate balance between adequate vehicle parking and encouraging use of public transit and other alternative transportation means. Should Town parking rates be based on demand (i.e., higher rates at the busiest times and lower rates when there is little demand, similar to hotels and airlines)? [ ] Yes [ ] No [ ] Uncertain 37. Would you be in favor of creating a bike share program in the Vail area (i.e. bikes available for rent in selected locations on local streets)? [ ] Yes [ ] No [ ] Uncertain 37a. jIF YES) Would you use the bike share program? [ ] Yes [ ] No [ ] Uncertain 38. Would you be in favor of creating a car share program in the Vail area (i.e. cars available for rent on a short -term basis in selected areas of town) for guests and locals [ ] Yes [ ] No [ ] Uncertain 38a. (IF Yes) Would you use the car share program? [ ] Yes [ ] No [ ] Uncertain Do you have any suggestions on other ways to encourage alternative transportation use opportunities? Ownership and Property Rental Information 39. Do you own or rent your residence? [] Own [ ] Rent [ ] Other (specify) 40. How long have you lived within the town of Vail (or owned property if a non-resident)? [ ] Less than 1 year [ ] 1-5 years [ ] 6-15 years [ ] More than 15 years [ ] Not applicable 41. Are you aware that the Town has recently adopted new short-term rental regulations (i.e. for home/condominium rentals of less than 30 consecutive days)? [ ] Yes [ ] No [ ] Uncertain 9 February 20, 2018 - Page 32 of 42. (If own home) Over the past year have you rented out your residence short-term? [ ] Yes [ ] No 43. (If own home and rent out residence short-term) Do you rent it through: [ ] A management company [ ] Myself/online social sources as as VRBO, Airbnb, Flipkey, etc. [ ] Both a management company and rent it myself [ ] Other 44. (If own home) How do you expect to be using your home five years from now? (check all that apply) [ ] As a primary residence for my household, the owner [ ] I intend to sell my home within the next five years but stay in the area [ ] I intend to sell my home in the next five years and relocate outside the area [ ] A vacation home for owner or guests of owner [ ] I intend to use home as my retirement residence [ ] Vacation rental to visitor/tourists [ ] Rented long term to local resident [ ] Other [ ] Don't know/uncertain 45. Using the scale below, has your neighborhood character or quality of life been affected by short-term rentals in your immediate area? Negatively affected Neither negative or positive Positively affected 1 2 3 4 5 46. In your opinion, to what extent is the Toss of long-term rental housing a problem in Vail at this time? j ] Not a problem 1 1 One of the region's lesser problems 1 1 A moderate problem [ ] One of the more serious problems [ ] A critical problem in the region Do you have any further comments on your experience with the rental housing situation in Vail? Please provide the following demographic information. Remember that all responses remain strictly confidential and are reported only in group format. 47. Which of the following best describes your employment status? [ ] Work 8 months or more a year in the local area (Vail Valley) [ ] Work 7 or fewer months a year in the local area (Vail Valley) [ ] Currently employed outside of the local area (work on Front Range, out of state, etc.) [ ] Retired [ ] Unemployed and/or looking for work [ ] Homemaker [ ] Other: 48. (If work in the Vail Valley) How many jobs do you currently hold (winter 2018)? jobs What is the location of your place of work in the Vail Valley? (Check all that apply) [ ] In the town of Vail [ ] Minturn [ ] Eagle Vail [ ] Eagle [ ] Avon [ ] Gypsum [ ] Beaver Creek [ ] Other: [ ] Edwards 49. (IF RESIDENT) Do you own or operate a business within the town of Vail? [ ] Yes [ ] No 50. Are you a registered voter in Vail? [ ] Yes [ ] No 51. Which of these categories best describes your household status? [ ] Single, no children [ ] Couple, no children 10 February 20, 2018 - Page 33 of [ ] Household with children living at home [ ] Male [ ] Female [ ] Empty -nester, children no longer at home 53. In what year were you born? 52. Are you: Do you have any additional comments or suggestions? THANK YOU FOR YOUR PARTICIPATION IN OUR CONTINUING EVALUATION PROGRAM. After submitting your survey, you will have the opportunity to enter the prize drawing. Your survey responses are confidential. 11 February 20, 2018 - Page 34 of Please check any of the following that interest you: [ ] Enter me for a chance to win a drawing for one of $100 VISA Gift Cards. The first 100 completed surveys will comprise the first pool of entrants, so complete your survey and enter soon! [ ] Add me to the Town's email list for periodic updates and communications Email address: 12 February 20, 2018 - Page 35 of TOWN OFD COMMUNITY SURVEY 2016 First, a few questions about you and the general state of Vail... 1. Is your residence (either year-round or seasonal) within the town of Vail? [ ] Yes If yes, where? [ ] East Vail [ ] Booth Falls and Bald Mountain Road areas [ ] Booth Creek/Aspen Lane [ ] Golf Course [ ] Vail Village [ ] Lionshead [ ] Potato Patch, Sandstone 2. Which of the following best describes you? [ ] Year-round resident (11+ months/year) [ ] Part-time resident (what is the ZIP Code of your primary residence? ) (GO TO Q. 4) [ ] Employed in the town of Vail but don't live there [ ] Get mail in the town but don't live or work there [ ] Non-resident owner of business/commercial property [ ] No (GO TO Q. 2) [ ] Buffehr Creek, Lionsridge, the Valley [ ] Vail Commons/Safeway area [ ] West Vail (north of 1-70) [ ] Matterhorn, Glen Lyon [ ] Intermountain [ ] Not a resident of the town of Vail [ ] Other 3. What is the ZIP Code of your primary residence? 4. Would you say that things in the town of Vail are going in the right direction, or have they gotten off on the wrong track? [ ] Right direction [ ] Wrong track [ ] Don't know In a few words, why do you feel that way? (Please attach an additional sheet of paper with your comments if needed on any survey question.) 5. Using the 1 to 5 scale below, how satisfied are you with the Town of Vail local government in terms of providing information to citizens about what local government is doing, including offering ample public engagement opportunities, approachability, and being collaborative in the decision-making process? Approachability of staff and Town Council members Providing information to citizens Offering public engagement opportunities Being collaborative in decision-making process • 1=Not at all satisfied ■ 2 3 4 • 5=Very satisfied ME= =11= MEW 17% 32% 33% 35% 28% 19% 24% 26% 34% 13% 8% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding In November 2015 four members were newly elected to the Vail Town Council. What are your hopes and expectations of the current Council? 1 February 20, 2018 - Page 36 of SOURCES OF LOCAL INFORMATION 6. How do you receive information about the Town of Vail that may be of interest to you? (CHECK ALL THAT APPLY) INFORMATION FROM THE TOWN OF VAIL [ ] Website (www.vailgov.com) [ ] E -services (meeting announcements, agendas, news releases, newsletters, etc.) [ ] Attend or watch meetings (live web streams, Channel 5) [ ] Social media (Twitter, Facebook, etc.) INFORMATION FROM OTHER SOURCES [ ] Newspaper [ ] Radio [ ] Television [ ] Social media (Twitter, Facebook, etc.) [ ] Other (please describe): TOWN SERVICES — The following questions ask you about your use of various services provided by the Town and your satisfaction with these services. The Public Works Department provides maintenance of public areas including parks, buildings, roads and village areas. 7. Rate your satisfaction with Public Works services in the Town of Vail: Cleanliness of pedestrian villages Overall park maintenance Snow removal on roads Friendliness and courteous attitude of Public Works employees Cleanliness of public restrooms Road and street maintenance by the Town of Vail (potholes, sweeping, drainage, etc.) Appearance and condition of Town -owned buildings • 1=Not at all satisfied ■ 2 ■ 3 ■ 4 • 5=Very satisfied 64% :1:1 50% 41% 37% 32% 29% 36% 34% A 35% 43% of INI Ail • 16% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding 2 February 20, 2018 - Page 37 of Public Safet 8. Please rate your satisfaction with the following aspects of Fire Services in the Town of Vail: Courtesy and helpfulness of firefighters and fire prevention staff Response time to basic medical emergencies and fires Wildfire mitigation efforts Fire safety, awareness and education programs provided Timely plan -check and fire system inspections on remodeled or new construction • 1=Not at all satisfied ■ 2 3 4 • 5=Very satisfied 68% 60% 43% 23% 31% 41% 7% I 8% 33% 19% 37% Mi. 36%ma 23% Al 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding 9. Have you utilized Vail Police for any service or emergency within the past 12 months? [ ] Yes [ ] No 10. Please rate your satisfaction with the following aspects of Police Services in the Town of Vail: Overall feeling of safety and security Friendliness and approachability of Vail police department employees Overall quality of service Crime prevention Appropriate presence of police on foot/vehicle patrol Visibility of police foot/vehicle patrol Managing parking and traffic control issues • 1=Not at all satisfied ■ 2 3 4 • 5=Very satisfied 60% 55% 46% 44% 41% 39% 28% 29% 27% 36% 36% 32% 33% 34% 18% 20% 23% 6% 5% 9% 6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding The Community Development Department provides planning, design review, environmental programs, and building inspection services. 11. Have you used the services of the Community Development Department within the past 12 months? [ ] Yes [ ] No (GO TO Q. 14) 12. (IF YES) How did you access their services? (CHECK ALL THAT APPLY) [ ] Website 3 February 20, 2018 - Page 38 of [ ] Telephone [ ] Walk in to office [ ] Attend a meeting [ ] Other: 13. Please rate your satisfaction with the following aspects of the Community Development Department: Courtesy and attitude/helpfulness Knowledge/ability to answer questions Timeliness of response (to telephone calls, inspections, questions/inquiries, plan review, etc.) Availability of information (e.g., public records) Building permit review and inspections Overall service and efficiency • 1=Not at all satisfied ■ 2 3 4 • 5=Very satisfie 47% 46% 40% 40% 37% 35% 35% 13% 5%5% 17% 40% 11. 34% Ai 38% 15% 15% 6% 5% 6% 8% 17% 6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding Parking and Bus Service 14. Are you aware that the Town offers residents/employees a variety of parking passes and discount parking programs? [ ] Yes [ ] No [ ] Uncertain 15. Do you own a parking pass or value card this season? [ ] No (COMMENT BELOW AND GO TO Q. 16) Why do you not buy a parking pass or value card? [ ] Yes: [ ] Gold pass [ ] Blue pass [ ] Green pass [ ] Pink pass [ ] Value card 16. How likely are you to buy a parking pass next year? NOT AT ALL VERY DON'T LIKELY LIKELY KNOW 1 2 3 4 5 x Any comments on your response? 4 February 20, 2018 - Page 39 of 17. Please rate your satisfaction with public parking services in Vail. Ease of parking in summer Booth attendant courtesy Parking structure cleanliness Overflow Frontage Road parking (convenience/ease of access) Overflow Vail Frontage Road parking (safety) Overall parking fees/pricing structure Ease of parking in winter • 1=Not at all satisfied ■ 2 ■ 3 ■ 4 • 5=Very satisfied 61% 49% 24% 14% 13% 12% 11% 24% 31% 23% 411 21% 1 10% 16% 29% 29% 20% 28% 1 1 1 19% 19% 19% 33% 30% 19% 20% 16% 16% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding 18. Has your use of Town of Vail bus service changed during peak ski times this winter? [ ] Yes, increased [ ] Yes, decreased [ ] No change Are there any specific concerns or considerations that influence your use of bus services? 19. Please rate your satisfaction with bus service. Dependability of bus service Bus driver courtesy Atmosphere/sense of safety on buses Frequency of in -town shuttle Cleanliness of buses Frequency of outlying service Level of crowding on buses • 1=Not at all satisfied ■ 2 ■ 3 ■ 4 • 5=Very satisfied 58% 52% 48% 48% 46% 35% 31 % 30% 33% 32% 9% 12% 15% 16% 37% 30% i i J 11 15% 24% 8% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding 5 February 20, 2018 - Page 40 of EVENTS Vail has developed a wide variety of events in all seasons that have become part of our community culture. Our events now include concerts, festivals, athletic events and other activities. 20. In general, how would you describe the experience that events in Vail create for you and your guests? VERY VERY DON'T NEGATIVE NEUTRAL POSITIVE KNOW Do you have any comments on your response concerning events? 1 2 3 4 5 x 21. With respect to the number of events in Vail, are there: [ ] Too few events [ ] About the right number [ ] Too many events 22. Is there a specific type of event you would like to see added to Vail's town -wide program? 23. Please rate your satisfaction with the following aspects of town -wide events: The overall quality of events in Vail Frontage Road express bus to transport event -goers between Lionshead, Vail Village and Ford Park in the summer Overall quality of event venue options in Vail • 1=Not at all satisfied ■ 2 3 4 • 5=Very satisfiea 40% 36% 33% 20% 40% 17% ■ 5% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding 24. The Town of Vail invests in various events in Vail. In general, what is your opinion of this economic development strategy? [ ] I strongly support the Town's financial investment in events [ ] I am somewhat in favor [ ] I am neutral [ ] I somewhat oppose [ ] I strongly oppose Do you have any further comments on events in Vail? Library Services Vail Public Library offers access to information resources of many types to serve the needs of Vail's guests, residents, businesses and schools. 25. Please respond to the following questions using "Yes" or "No." YES Do you have a library card in the Town of Vail? Do you access the library remotely as well as in person? Have you used the library's website or e -newsletter? NO [] [] [] [] [] [] 26. How frequently do you use the library? times per month 27. What do you like best about Vail Public Library? What would you like to see us addlofferlchange? 6 February 20, 2018 - Page 41 of 28. Please rate your overall satisfaction with Vail Public Library: NOT AT ALL VERY DON'T SATISFIED SATISFIED KNOW 1 2 3 4 5 x Do you have any further comments or suggestions concerning library services? COMMUNITY ISSUES AND OPPORTUNITIES The following questions provide you with an opportunity to express your opinions concerning several areas of public policy that require tradeoffs and/or prioritization. They include questions on areas of emphasis that have been identified by Town Council for consideration in the coming months including topics related to the Environment, Work Force Housing and Parking. In addition to the questions that are based on scales, please feel free to offer your comments or suggestions in the spaces provided. 29. The Vail Town Council and staff value community input to help understand your priorities. For each area listed below, indicate the level of priority you believe is appropriate. (Use a 1 to 5 scale where 1=Not a Priority, 3=Somewhat, 5=High Priority.) Budget and capital management (keeping Vail fiscally healthy) Actions to protect and enhance Gore Creek 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) Transportation needs (bus service — Iocal and regional) Guest relations and customer service Environmental sustainability (waste and energy conservation programs, environmental education, etc) Parking opportunities for residents Parking opportunities for visitors/guests • 1=Not a priority ■ 2 • 3=Neutral ■ 4 • 5=High priority What two areas are your highest priorities? Ai 46% 44% 43% 40% 36% 28% 29% 24% 14% mil 16% 19% 31% 32% 26% 1 6% 19% 1 1 1 20% 24% 29% 27% 20% 25% II 1 5%5% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding Do you have any comments on your responses? Community Infrastructure 30. Some have suggested that Vail needs a sizable enclosed space to support a variety of cultural and community activities, and events. How important do you feel such a facility is to the town's future? NOT AT ALL SOMEWHAT SOMEWHAT VERY DON'T IMPORTANT UNIMPORTANT IMPORTANT IMPORTANT KNOW 1 2 3 4 x 7 February 20, 2018 - Page 42 of 31. If you said somewhat or very important, what type of facility would you like to see created, and what types of activities would you want to accommodate there? Housing 32. There has been discussion about various techniques to expand work force housing opportunities in the area. Please indicate your opinion using the scale of 1 to 4 below. Increasing the requirement for contributing to work force housing as a condition imposed on developers in the town Permitting required housing to be built down -valley, outside current town boundaries Requiring a contribution to work force housing as a condition for new or expanded residential development Permitting increased density in limited locations or circumstances • 1=Not at all supportive ■ 2 ■ 3 • 4=Very supportive 50% =V 27% 28% 32% 27% 30% 8% 22% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding The Environment 33. Please rank the importance of the following environmental sustainability program focus areas for the Town of Vail: Recycling and waste reduction Renewable energy projects in town (e.g., solar PV on buildings) Dark sky protections Climate change action and advocacy Plastic bag regulations exist for grocery stores in Vail; expand the program to all retail outlets Stronger enforcement and ticketing of existing regulations • 1=Not at all important ■ 2 3 4 • 5=Extremely important MIlli 29% 19% 27% 28% 19% 16% 21% 27% 14% I 23% 24% 23% 20% 33% 8% 19% r 25% 14% 13% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding 8 February 20, 2018 - Page 43 of ik_ 34. The Town is currently working on improving and protecting Gore Creek water quality. Please identify the barriers that exist toward your personal use of environmentally friendly landscaping practices on your property. Rate the following on a scale of 1 to 5 where 1 is "strongly disagree" and 5 is "strongly agree" that these are barriers. Native plants and vegetation are not visually appealing; they attract nuisance 8% 20% 14% animals, and/or obscure views Costs are prohibitive Lack of eco -friendly landscapers I prefer a green turf lawn, space to play, socialize, etc. Lack of effective alternatives to pesticides/herbicides Lack of knowledge of eco -friendly practices HOA handles landscaping/HOA rules • 1=Strongly disagree 1 • 2 ■ 3 ■ 4 • 5=Strongly agree 8% 11% 12% 15% 13% 18% 22% 36% 17% 42% 16% 16% 22% 15% 19% 23% 30% 27% 17% 24% 33% 16% 16% 30% 12% 28% 6% 11% 17% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding 35. Wildfire poses a risk to our homes, environment, economy, recreation and safety. Effective wildfire mitigation requires a multi- faceted approach. Please indicate your opinion using the scale of 1 to 4 below. Creation of defensible space on individual properties (where vegetation is reduced or modified to create a buffer around the home) Evaluation of the defensible space around each home by trained personnel Modifying design standards to facilitate the creation of defensible space (such as using deciduous trees rather than conifers) • 1=Not at all supportive ■ 2 3 • 4=Very supportive Parking 43% 33% 33% 39% 12% 6% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percent Responding 36. Do you think there is enough parking in the town of Vail in summer? [ ] Yes [ ] No [ ] Uncertain 37. ...And for winter days? [ ] Yes [ ] No [ ] Uncertain Any comments on your response concerning parking? 9 February 20, 2018 - Page 44 of 38. Would you support charging a fee for parking in public lots in Vail during the summer months? [ ] Yes [ ] No [ ] Uncertain 39. The Town is working on finding an appropriate balance between adequate vehicle parking and discouraging the use of cars (and encouraging use of public transit and other modes). Should Town parking rates be based on demand (i.e., higher rates at the busiest times and lower rates when there is little demand, similar to hotels and airlines)? [ ] Yes [ ] No [ ] Uncertain Financial Prioritizing Exercise We are interested in the relative priority that you would place on improvements to serve the Vail community including residents and visitors/guests. Recognizing that the categories of projects listed below would likely involve significant investment that may require expenditures greater than the Town's typical annual budget, please provide your input. 40. With $5 increments being the smallest amount you might use, if you had $100 to spend on major efforts, how would you allocate that $100 across the following categories? Or, if you would not allocate funds to any of these categories, please indicate by checking the box provided below. Leave any items blank if you don't want to allocate funds to a category and please make sure your allocation totals $100. Expanded housing opportunities for middle income and service worker households Parking improvements to add capacity at peak times Actions to protect and enhance Gore Creek Transportation improvements to address needs through bus service, both local and regional Creation of a sizable enclosed space to support a variety of cultural and community activities and events Other $5 $11 $18 $20 $20 ■ $27 $0 $5 $10 $15 $20 $25 $30 Average Allocation Amount OR [ ] I would not allocate any substantial funding to these types of efforts in the future. Do you have any comments on your responses? 10 February 20, 2018 - Page 45 of Please provide the following demographic information. Remember that all responses remain strictly confidential and are reported only in group format. 41. Which of the following best describes your employment status? [ ] Work 8 months or more a year in the local area (Vail Valley) Work 7 or fewer months a year in the local area (Vail Valley) Currently employed outside of the local area (work on Front Range, out of state, etc.) Retired Unemployed and/or looking for work Homemaker Other: 42. (If work in the Vail Valley) How many jobs do you currently hold (winter 2016)? jobs What is the location of your place of work in the Vail Valley? (Check all that apply) [ ] In the town of Vail [ ] Eagle Vail [ ] Avon [ ] Beaver Creek [ ] Edwards [ ] Minturn [ ] Eagle [ ] Gypsum [ ] Other: 43. Do you own or rent your residence? [ ] Own [ ] Rent [ ] Other (specify) 44. How long have you lived within the town of Vail (or owned property if a non-resident)? [ ] Less than 1 year [ ] 1-5 years [ ] 6-15 years [ ] More than 15 years [ ] Not applicable 45. (IF RESIDENT) Do you own or operate a business within the town of Vail? [ ] Yes [ ] No 46. Are you a registered voter in Vail? [ ] Yes [ ] No 47. Which of these categories best describes your household status? [ ] Single, no children [ ] Couple, no children [ ] Household with children living at home [ ] Empty -nester, children no longer at home 48. Are you: [ ] Male [ ] Female 49. In what year were you born? Are there any questions that were missed that you would like included in future surveys? Do you have any additional comments or suggestions? THANK YOU FOR YOUR PARTICIPATION IN OUR CONTINUING EVALUATION PROGRAM. Please check any of the following that interest you: [ ] Enter me for a chance to win a drawing for one of five $100 VISA Gift Cards. The first 100 completed surveys will comprise the first pool of entrants, so complete your survey and enter soon! [ ] Add me to the Town's email list for periodic updates and communications Finally, would you be willing to participate in an on-line "focus group" discussion on matters concerning community direction and priorities? These discussions would take place in the following months and would likely require 15 to 30 minutes of your time. [ ] Yes, I am interested in participating Email address: 11 February 20, 2018 - Page 46 of TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Valley Foundation Presentation and Funding Request for Proposed Gerald R. Ford Amphitheater Improvement (Digital Screen) PRESENTER(S): Mike Imhof, Vail Valley Foundation ACTION REQUESTED OF COUNCIL: Feedback on funding proposal. BACKGROUND: Vail Valley Foundation proposes a digital screen installation at the Gerald R. Ford Amphitheater with a request from the Town of Vail for funding support of the capital improvement. ATTACHMENTS: Description Memo VVF Funding Request VVF Presentation February 20, 2018 - Page 47 of TOWN OF VAIL' Memorandum To: Town Council From: Greg Clifton Date: February 15th, 2018 Subject: Presentation and Request from Vail Valley Foundation Background Council, I had a meeting with Mike Imhof, Executive Director of the Vail Valley Foundation, on Tuesday, February 13th. The topic of the meeting is the installation of a high resolution LED digital screen at the Gerald R. Ford Amphitheater. The project, as I understand it, has been on the planning table for some time, and there was a test run of the infrastructure at a performance last summer (2017). While I am lacking details, Mike will be presenting this to the Council during your regular meeting on the 20th The project has a tight timeline and the order for the screen (a large singular screen that will be installed below the center roofline at the edge of the roofline facing the lawn seating) is scheduled to occur at the end of this month. Installation is scheduled for May of this year. The Foundation is requesting town financial assistance. Specifically, the project total cost is estimated to be about $443K and a town contribution of $185K is requested. If approved, this allocation will need to be appropriated in a mid -year budget adjustment. The presentation during the Council meeting is intended to be informative. There is no action item slated at this time, although I believe that the Foundation will return at the next Council meeting to request action related to the request for financial assistance. February 20, 2018 - Page 48 of T4L1� of 1r VAII. CWORF.- O I-, 0 Y Single Screen As Proposed By Creative Technologies r itt' 22.11 5+ 4410.1 February 20, 2018 - Page 50 of 104 140 Degree Viewing Angle Ir February 20, 2018 - Page 51 of 104 ✓ Substantial venue enhancement and improved lawn experience ✓ Allows for expanded, dynamic programming ✓ Live streaming our venue and Vail to global audience • Increased attendance ``rr ✓ Recognition of our generous donors and partners Av41. DIGITAL SCREEN UPDATE GERALD R. FDRD Amphithen er VAIL, COLORADO PROJECT TIMELINE: ✓ January 2018 -Vendor Selection and Contract Approval Process Begins ✓ February 28, 2018 - LED Ordered From China ✓ May 1, 2018 - Installation Begins CAPITAL EXPENSE: ✓ $443,000 ✓ $60,000 CONTINGENCY TOWN OF VAIL FUNDING REQUEST: ✓ One time capital support of $185,000 February 20, 2018 - Page 53 of 104 THANK YOU! TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: USFS and Town of Vail Partnership Programs, including 1) Noxious Weeds Management program, 2) Intermountain Fuel Reduction program, 3) Trails and Wildlife PRESENTER(S): Aaron Mayville, USFS, Gregg Barrie, Public Works ACTION REQUESTED OF COUNCIL: Provide feedback on programs and input on funding the weed management program. BACKGROUND: There will be information and updates presented about the 1) Noxious Weeds Management program, 2) Intermountain Fuel Reduction program, 3) Trails and Wildlife. The USFS Holy Cross District Ranger will be present to review and answer questions about these topics. ATTACHMENTS: Description Memo USFS and TOV Programs February 20, 2018 - Page 55 of TOWN OF VAIL' Memorandum To: Vail Town Council From: Department of Public Works Date: February 20, 2018 Subject: Town of Vail / U.S. Forest Service Weed Management Partnership I. INTRODUCTION This agenda item will be presented in conjunction with a discussion with Aaron Mayville, the District Ranger for the Holy Cross Ranger District of the U.S. Forest Service. Mr. Mayville will address this request as well as provide an update on the Intermountain Fuel Reduction Project and other trail and wildlife topics. Over the past two summers, the Town of Vail and the U.S. Forest Service (USFS) entered into a partnership to control the spread of noxious weeds along the town boundary on USFS land. That partnership resulted in the treatment of approximately 350 acres of native hillside, and a significant reduction in the noxious weed infestations along the northern Town of Vail/USFS property boundary. Staff is requesting the opportunity to continue this program in 2018. It is not currently funded. II. BACKGROUND By definition, a noxious weed is a non-native or "alien" plant that is listed on the State Noxious Weed List. These plants are highly invasive and spread at an alarming rate, usually to the detriment of native plants and wildlife. Infestations can, and have, quickly spread to adjacent properties. Per the Town of Vail Noxious Weed Ordinance and the Colorado Noxious Weed Act, all property owners, both public and private, must manage noxious weeds on their property. The town has aggressively managed noxious weeds on town -owned property over the last 12 years. In addition, increased efforts to ensure that private property owners are managing noxious weeds are having a positive impact. Eliminating the spread of noxious weeds from the town's developed areas into surrounding native areas is one goal of these management efforts. The natural areas surrounding Vail are important for wildlife, native plants and for the quality of life of Vail's residents and guests. The loss of these areas to noxious weed infestations would be detrimental to Vail. In recent years, USFS budgets have been drastically cut and the Holy Cross Ranger District works with one full time and four seasonal employees to manage over one million acres of forest property. Partnering with February 20, 2018 - Page 56 of the local office is the most effective way to ensure that the forest lands immediately adjacent to Vail are properly managed to reduce the spread of these plants into new areas and help return the currently infested areas into healthy ecosystems. Last season, the USFS engaged the Western Colorado Conservation Corps (WCCC), a non-profit organization that works with land managers on projects such as trail construction and maintenance, fuel mitigation and invasive species control. WCCC holds a commercial applicator license with the Colorado Department of Agriculture and all staff on the specialized crew are trained as applicators. In 2017, the WCCC and USFS provided over 1,300 manhours of noxious weed management at a cost of $22,500. Through the partnership, the Town of Vail contributed $15,000 and the USFS funded the remainder and provided all herbicides. In addition to the work through this partnership, the USFS also performed weed management work at all four Wilderness Area trailheads in East Vail, and partnered with Vail Resorts over the past two years to manage weeds on Vail Mountain. This combined effort is significant for the forests surrounding Vail. III. GRANT APPLICATIONS • For the upcoming management season, WCCC, in partnership with the USFS, was awarded a grant through the National Forest Foundation (NFF) in the amount of $37,500. The USFS anticipates using between $15,000-$22,500 to fund labor for noxious weed work in the Vail area (2-3 weeks). • The Town of Vail has applied for a "State and Local Forestry Grant" through the Colorado Department of Agriculture in the amount of $15,000. Per the grant guidelines, this funding could be used on town -owned lands that border USFS land, furthering the efforts along the urban/native habitat interface. If granted, this could fund an additional 2 weeks of labor on town -owned lands. The award notice for this application is expected in mid-February. If all grants are awarded and the Town Council funds the additional $15,000, the total project budget would be $45-$50,000. IV. 2018 PROJECT FOCUS In 2018, the project will focus on weed management across approximately 2,400 acres between Davos and Pitkin Creek (see attached Map). Some portions of the management area have been treated previously, but much of it has not. One difficulty of management efforts for this project is a plant known as yellow toadflax, which is found in dense pockets throughout much of the management area. Yellow toadflax is best treated in late fall while most of the other weeds are best treated earlier in the season requiring two treatment periods. In addition, if awarded, the Dept. of Agriculture grant will focus efforts on town -owned lands along the same boundary as well as some areas along south boundary including the Katsos Open Space, and parcels above Donovan Park. Town of Vail Page 2 February 20, 2018 - Page 57 of V. USFS/TOV PARTNERSHIP Continuing the partnership with the USFS will require two initial actions: 1) Staff would request an addition of $15,000 to the current weed management budget of $45,000. This will equal the budgets each of the past two years. This would be added to the Supplemental Budget Appropriation in March. 2) Adoption of a Participating Agreement, through a Resolution, prior to the start of the project. VI. ADDITIONAL WEED MANAGEMENT ACTIONS FOR 2018 These efforts are part of the larger Town of Vail Noxious Weed Management Plan which also includes management of town -owned right-of-way, open space and park areas, contact with property owners and public education via email, newspaper and the town's website. In addition, for 2018, the town will again hire a Weed and Pest Management Intern for the summer to assist with identification, management of infested areas and enforcement of the Noxious Weed Ordinance on private property. VII. STAFF RECOMMENDATION The efforts put into management of these native areas over the past two years have shown success. In many areas, thistles were so thick it was difficult to move through them, and while many areas are better, some have yet to be treated. Staff recommends that continuing the program for 2018 can be highly beneficial to the native habitat impacted by these plants. VIII. ACTION REQUESTED BY COUNCIL Staff requests that the Council consider the proposal to continue this partnership in 2018 and potentially 2019 as a project "wrap-up".. If the Council agrees to fund the additional $15,000 for 2018, it will be included in the upcoming Supplemental Budget Appropriation. Attachments: • 2018 Project Area Map • Photos (3 pages) • Before and After images of weed management efforts in the Town of Vail Town of Vail Page 3 February 20, 2018 - Page 58 of 2018 USFS/Town of Vail/WCCC Weed Management Project Areas Gore Creek Watershed.. invasive Plant Partnership 2018 Treatlrrerrt,' urvey Units February 20, 2018 - Page 59 of 104 Areas shown on this map represent US Forest Service Land along the Town of Vail boundary being treated in 2018 for noxious weed infestations. This project is a partnership between the U.S. Forest Service and the Town of Vail. Labor is provided by the Western Colorado Conservation Corps. Some of these areas have already benefitted from two seasons of weed management efforts through this partnership. A third season will ensure a significant suppression and, in some areas, eradication of noxious weed populations. When coupled with the Town of Vail Boundary Weed Management Project, over 2,400 acres of public lands are included in 2018 weed management projects along the Vail/USFS interface. Examples of noxious weed infestations between West it and Spraddle Creek along the north side of 1-70. Weeds include musk thistle, plumeless thistle, yellow toadflax, and oxeye daisy. Town of Vail Page 4 February 20, 2018 - Page 60 of Above: Steve Elzinga, USFS Weed Manager in the work area during 2016. Below: Spray crew working on biennial thistles above West Vail in 2016 Town of Vail Page 5 February 20, 2018 - Page 61 of Above: WCCC crew taking a break from spraying above West Vail in 2017. Below: Musk thistle post-treatment Town of Vail Page 6 February 20, 2018 - Page 62 of Before and After Weed Management Successes Spraddle Creek hillside Left: 2015 Musk Thistle Right: 2016 after treatment February 20, 2018 - Page 63 of 104 Vail Chapel Above: 2015 Canada Thistle Below: 2016 after treatment February 20, 2018 - Page 64 of Donovan Park Upper Bench Above: 2007 Oxeye Daisy Below: 2008 after treatment February 20, 2018 - Page 65 of West Vail north hillside Left: 2015 Musk Thistle Right: 2016 after treatment February 20, 2018 - Page 66 of 104 Tract A — Bald Mountain Above: 2014 Musk Thistle Below: 2014 — same area, one day later - after hand removal February 20, 2018 - Page 67 of TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Energy Management System Update PRESENTER(S): Mark Hoblitzell, Environmental Sustainability Coordinator ACTION REQUESTED OF COUNCIL: Staff requests the Vail Town Council consider the service levels of the proposed energy management software system. BACKGROUND: With the goal of implementing an efficient energy tracking and emissions reporting system for Town of Vail municipal operations, staff released a Request for Proposals for a qualified firm to provide software services. STAFF RECOMMENDATION: Service Level 1 provides for the in -budget option. However, staff recommends the Vail Town Council consider Service Level 2, which includes real-time data, scalability with the town's finance system, and advanced greenhouse gas emissions reporting compatible with third party platforms. ATTACHMENTS: Description EMS Update Memorandum EMS Update Appendix February 20, 2018 - Page 68 of TOWN OF VAIL' Memorandum To: Vail Town Council From: Community Development Department Date: February 20, 2018 Subject: Energy Management System Update I. Background In 2017, the environmental team in coordination with public works and facilities released a Request for Proposals (RFP) for an energy management system to provide tracking for the town's energy consumption as well as verified greenhouse gas calculations for municipal facilities. Currently this information is manually inputted and calculated on an annual basis through a bulk data transfer via email from local utilities or, in the case of natural gas, hand -keyed each month by the general services administrator from invoices. An automated system will reduce errors, free up staff resources for priority projects, and provide data to facilities and sustainability staff in a timely manner; either on monthly billing cycles or near real-time depending on the location. The town's Environmental Sustainability Strategic Plan (ESSP), adopted in 2009, identified energy efficiency as a major goal targeting a 20% reduction in municipal and community energy use by 2020. Since the adoption of the 2009 ESSP, the town has adopted stronger climate action goals with a 25% by 2025 and an 80% reduction in greenhouse gas emissions by 2050. To date, the town has completed a number of projects that have helped achieve a 31 % reduction in water consumption and a 34% reduction in electricity consumption. Unleaded gasoline use by the town's vehicle fleet has declined. However, natural gas consumption has seen more than a 100% increase with the expansion of snowmelt and diesel consumption has risen with expansion of bus service. Utilities are a major annual expense for the Town of Vail, with a combined cost of over $1.1 million. In 2016, the Town of Vail spent $419,612.96 on Electricity, $522,494 on natural gas, over $395,000 on fuels, and around $190,000 on water. Project Goal The goal of this project is to implement an energy and sustainability management system that will provide the Town of Vail with an important monitoring, reporting, and decision making tool that can help meet environmental goals and drive cost savings. In addition to helping achieve sustainability goals, the EMS system will streamline and consolidate information from the town's 170 electric, 21 natural gas, and 80 water, and fleet fuel accounts and provide the best possible data to all staff and decision makers. February 20, 2018 - Page 69 of Review Criteria In order to meet the project goals, the staff project team reviewed firms and proposals against the following criteria: • Intuitive and visually appealing user interface • Experience working multiple -account account organizations spread across multiple facilities and locations • System adaptability to seamlessly incorporate future growth and real-time technologies • Ability to integrate software with existing systems (fleet fuels, snowmelt, etc.) • User generated reporting capabilities • Value and long-term system viability/sustainability • Monitor and record electricity, gas, water, and fleet fuel usage across facilities • Flexibility to incorporate sub metering and provide real-time data • Deliver access to reporting of utility usage across facilities, including real time data where possible • Provide remote, on-line access to utility usage data, including real time. This should also include a public access portal for display facilities and web access • Track and record environmental conditions at facilities to allow for weather normalization • Provide long-term storage of data • Provide GHG calculations and emissions totals • Provide excellent customer service and support • Incorporate and manage data for approximately 170 electric accounts, 21 gas, 80 water, and municipal fleet fuel consumption 11. Energy Management Systems Energy Management Systems (EMS) provide the basic function of tracking and monitoring utility consumption. These systems can incorporate real-time data, provide greenhouse gas calculations, alert users to variances in use and billing data, and provide education on behavior, trends, and best practices in sustainable buildings. In a local deployment, these systems have the potential to communicate directly with smart meters and other sub meters to provide near real-time information. Existing sources of this data in the Town of Vail include new Holy Cross smart meters, certain natural gas meters, solar installations, and building controls installed through Johnson Controls. Data from the EMS will immediately be used by facilities, general services, and the environmental sustainability staff, and in the future, if auditing and control requirements are met, most EMS systems can also be used by finance and accounting to automate bill payment and tracking processes. An EMS system will meet environmental sustainability goals by providing a data collection and monitoring tool to track improvements from prior and new energy efficiency projects, a 3rd party validated GHG calculation including totals for each Town of Vail Page 2 February 20, 2018 - Page 70 of building and overall municipal operations. This information can also be valuable in supporting public education goals of the sustainability plan. Internal education on energy consumption can drive staff behavior and cultural changes that lead to reduced energy consumption. Public display portals can be set up in municipal facilities to show energy use and solar energy production engaging residents and guests. The information collected through the EMS also provides a valuable management tool to facilities staff by helping to determine which efficiency and sustainability projects provide the most impact and cost benefit to the community by determining the total impacts of each facility using modeling and predictive capabilities. EMS System Service Levels Service Level 1 $10-12,000 annually (in -budget option) Service Level 2 $20-30,000 annually Service Level 3 $100,000+ annually Automated Billing Data Import Automated Billing Data Import Automated Billing Data Import Weather Normalization Weather Normalization Weather Normalization GHG reporting GHG Reporting GHG reporting Real Time Data Import Real Time Data Import Public Education Portal Public Education Portal Energy Star Building Scoring Energy Star Building Scoring Multiple Hardware Compatibility and Scalability Multiple Hardware Compatibility and Scalability Energy Modeling Capabilities Energy Modeling Capabilities Customized Hardware Installation Town of Vail Page 3 February 20, 2018 - Page 71 of III. Example User Interfaces Iiliiiiiiiii 01,342 $1295 4. 6 , 105,722 lbs 113.4:384..;6.6 x 120.079 Ib, 121,725 as T14 115.605 Ibe 92511 es m 245 PY _ a e_0.t.l A.'. M1,1I$10Wfl19Ki1>•s 9lbm Mut V...Wv■..s Dlw 4A- 11117ERI_KM_h& I 51. 1410/1.* t�YnMeeef!.i. Isnis*ll Lamp M1ogrox 1 Illammy 1/6w rlrinwr 9M111..11Y 111'9Y6 EMS systems provide a simple user interface with easy to read reports. These systems can be scalable with future growth and can easily import existing data streams. Cost analysis tools allow managers to determine which energy efficiency projects provide the best ROI and most impact to the community. https://lucidconnects.com/solutions/building -data-analysis Public Education portals, either in welcome centers or on the town's website, can provide up to date information on solar production as well as town greenhouse gas emissions and energy consumption. https://lucidconnects.com/solutions/enerr y - conservation -engagement TEM Cast a uu Summery I I I oell�Amme ca/ a dly Average Um AL 0.3% $6296 Ar.�ew+w 9RYAnAR =69.12 uAw-•nAn 0.3°tow. no 109.69 iWn 2PYAn T14 •87.99 Ida Example EMS display of cost and energy use overlays. http://www.energycap.com/software/utility- bill-management Town of Vail Page 4 February 20, 2018 - Page 72 of Energy Solutions Enterprise Site Level HOME ABOUT THG OUR SOLUTIONS PARTNERS NEWS LOGIN Key Features of THG's Energy InteLfigence Software Benchmarking & Performance Metrics Sustainability & Emissions Reporting Sub -Metering & Interval Data Reporting Operations Cost & Usage Reporting Bill Audit & Tariff Recreation CONTACT US Invoice Management Rill Processing & Payment Energy Contract Storage & Management Administrative EMS systems provide benefit to multiple departments by providing a tool to assist decision making, automate functions, and meet sustainability reporting requirements. http://thgenergy.com/our-solutions/enerqy-intelliqence-software/ IV. Cost Savings Total cost savings can be achieved by EMS systems and the expected savings amounts can vary. A study by Lawrence Berkeley National Lab found that EMS systems can achieve up to an 8% savings across all energy accounts or up to a 17% savings on a specific site.' These savings can be achieved in the following sectors. • 2-4% energy reduction through improved scheduling • 5-8% savings from behavioral changes • 1-2% savings from bill auditing and reconciliation • 2-3% savings from detecting portfolio drift (leaving lights/computers/etc. on) • 2-8% reduction through alerts set up to help minimize peak demand use • Time and labor savings through a reduction in manual entry, GHG research, and consolidating multiple data sources. V. Staff Recommendation $12,000 was approved in the 2017 budget for the launch and installation of the EMS. This was a simple bare -bones estimate to create a placeholder for the minimum system needs and annual subscription fees prior to the release of the RFP. Staff is recommending the Town Council consider service level 2, with a budget of $34,000, which would allow the town to implement the most value for the dollar system available and meets both the objectives and review criteria. Annual subscription fees are estimated $22,000. Comparable EMS vendors that provide the real-time data services can cost as much as $400,000 for implementation and $200,000 in annual subscription fees. 1 Energy Information Systems (EIS) Technology, costs, benefit, and best practice uses http://eis.lbl.gov/pubs/Ibnl-6476e.pdf Town of Vail Page 5 February 20, 2018 - Page 73 of Appendix: Energy Information Management Systems Expected Savings and Supporting Research Town of Vail Page 6 February 20, 2018 - Page 74 of Energy Information Management Systems Expected Savings and Supporting Research Energy Information Systems like BuildingOS is the key component to a median of 17% site energy savings. Lawrence Berkeley National Lab researched Lucid as one of a dozen companies in a study and found that "Energy Information Systems were cited as a critical component in achieving 17 percent median site savings, and 8 percent median portfolio savings; these energy savings were calculated to represent approximately $56,000 and $1.3 million in utility cost savings. Here is a link to the research paper by Lawrence Berkeley National Labs - http://eis.lbl.gov/pubs/IbnI-6476e.pdf Below is a list of areas, where Lucid's BuildingOS can provide energy savings: ERNEST ORLANDO LAWRENCE BERKELEY NATIONAL LABORATORY Energy information systems (EIS): Technology costs, benefit, and best practice uses Jessica Granderson, Guanling Lin, Mary Ann Piave Environmental Energy Technologies Division November 2013 • 2-4% energy reduction via Scheduling tool - Scheduling, or optimizing building energy use for unoccupied hours such as nights, weekends, or holidays, is an oftentimes overlooked and no -cost way to save money. With real-time data, Lucid's Heat Map Analysis tool shows you how much electricity your buildings are using 24/7/365, giving you the tools to visually compare weekday consumption to weekend consumption, daytime to nighttime loads, and other non -occupied or partially occupied times of day like holidays. Smart Start - Up and Coasting goes one step beyond Setbacks to optimize building energy consumption during occupied periods. With real-time data and Lucid's Heat Map Analysis and Load Profile Analysis tool, you can overlay your HVAC electricity consumption over your total building's energy consumption and daily average temperature data to identify the optimal time your building's HVAC equipment and BMS should be coming on and dialing back as building occupants begin to head home. People -Centered Initiatives for Increasing Energy Savings John A. "Skr Lartner ACEEE Cald A report by the ACEEE found that behavioral efficiency gains can reduce energy by up to 25%. • 5-8% Savings via Behavioral Efficiency Changes - benchmarking can cut energy use by an average of 7%, just by making owners more aware of how the building is performing and pointing out anomalies that need to be corrected. These factors come into play for behavioral efficiency changes: Real-time feedback creates motivation for action when the result is seen instantaneously by the user. Public Commitments employ social pressure to guide people towards completing their commitment. February 20, 2018 - Page 75 of Peer Comparison / Normative Comparisons are empirically proven to motivate people to change their behavior towards what is considered the `norm.' Empathetic Gauges are storytelling instruments that establish an emotional connection. • 1-2% Savings via Bill Reconciliation/Bill Auditing - Bill Reconciliation can deliver significant savings with a simple verification against your utility bill. Using your own billing data or an automated monthly bill service, Lucid's Bill Analysis tool can quickly and easily compare the utility meter's billed consumption and your sub -meters reported consumption for all the buildings in your portfolio. • 2-3% Savings via the Portfolio Drift Analytics Application - Detecting deviations in building consumption, baseload or peak load over time. Portfolio Drift is an energy management term used to describe the increase over time that inevitably occurs in normalized energy consumption. What are the potential savings: New buildings drift 10-30% on average from their commissioned energy use in the first 2 years of occupancy (Research from LBNL). 4-18% of all energy used in buildings is due to faults - things like leaving lights on when a building isn't occupied have a significant impact on energy use. Up to 65% of power use from plugged -in devices is wasted (Research from the IEA). 3-8% Reduction via Peak Demand Shaving using Alerts - Peak Demand tariffs on your electricity bill may be as high as 40% of commercial building energy spend. • Potential Savings: If you reduce peak demand by 25%, you can save on average 10% off your total energy bill, and if you reduce peak demand by 50%, that's 20% savings off your entire energy bill. In less than 5 minutes you can set up Alerts within Lucid's BuildingOS to notify you by email when you have hit your peak consumption and or when your consumption is going over a peak demand threshold as set by your team. Lucid's Load Profile Analysis tool can be used to analyze your historical consumption patterns to develop building appropriate thresholds. Using Lucid's Comparisons tool allows you to identify areas of potential peak energy demand savings are by showing you which of your electrical loads is consuming the most. Time Savings - Labor Cost In addition to the energy savings listed above, there are also productivity gains, by reducing manual data entry, consolidating disparate data sources and automated reporting. In some organizations, data collection, entering and analysis requires a dedicated full time employee. For true ROI calculation for your organization, make sure to include the labor cost for any employee currently involved in energy data tracking and analysis efforts. February 20, 2018 - Page 76 of TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Slifer Square Project Update and Contract PRESENTER(S): Chad Salli, Project Engineer, Public Works ACTION REQUESTED OF COUNCIL: Authorizing the Town Manage to enter into an agreement in a form approved by the Town Attorney in an amount not to exceed $3,027,583.14 with Icon Inc. for completion of the Slifer Square Project. BACKGROUND: Staff has identified 4 significant maintenance issues concerning Slifer Square, as follows, 1) Damaged storm sewer, 2) Storm water being discharged into Gore Creek without treatment, 3) Water leaking from the fountain, and 4) Corroded steel snowmelt mains. In addition to the repairs necessary at Slifer Square, the portion of Meadow Drive along the Austria Haus is proposed to be reconstructed, see memo for details. STAFF RECOMMENDATION: Staff recommends authorizing the Town Manage to enter into an agreement in a form approved by the Town Attorney awarding the base bid and Meadow Drive along the Austria Haus alternate in an amount not to exceed $3,027,583.14 with Icon Inc. and further investigate retrofitting the existing parking structure drainage vault to improve water quality. ATTACHMENTS: Description Slifer Square Memo February 20, 2018 - Page 77 of TOWN OF VAIL. Memorandum To: Vail Town Council From: Department of Public Works Date: February 20, 2018 Subject: Slifer Square Repair Project I. ITEM/TOPIC Slifer Square Repair Project II. BACKGROUND Staff has identified 4 significant maintenance issues concerning Slifer Square. These included the following. 1. Damaged storm sewer 2. Storm water being discharged into Gore Creek without treatment, 3. Water leaking from the fountain, and 4. Corroded steel snowmelt mains. In addition to the repairs necessary at Slifer Square, the portion of Meadow Drive along the Austria Haus is proposed to be reconstructed with snowmelt tubing in a concrete sub -slab with pavers set on top, same construction detail that was completed on Meadow Drive along the Sonnenalp in 2012. This is due to the bus loading and frequency of the In -Town route on the pavers which currently sit on top of the snowmelt tubing in a sand bed and the weight of the busses eventually causes rutting in the pavers and leaks in the snowmelt tubing. The Slifer Square Repair Project was originally publicly bid in March of 2017 and bids received were 50% over the project estimate. The project was deferred for staff and the design team to investigate any project savings in redesign or material changes. One significant design change was the redesign of the storm sewer/water quality to avoid the requirement to remove the fountain to complete this work. The project was put to public bid again in February 2018 with a base bid of replacing the snowmelt mains, installing a primary water quality vault and the paver plaza reconstruction associated with the work required to install the snowmelt mains and water quality vault. Bid alternatives were bid to • replace the Slifer Square fountain • reconstruction of Meadow Drive along the Austria Haus • replace the existing heated concrete bus lanes on Meadow Drive • replacement of adjacent heated paver/stairs near Starbucks • Installation of a secondary water quality vault. February 20, 2018 - Page 78 of Staff received 1 bid for the Slifer Square Repair Project, Icon Inc. Base Bid: Bid Alt -Slifer Square Fountain: Bid Alt -Meadow Dr along the Austria Haus Bid Alt -Meadow Dr bus lanes concrete replacement with pavers: Bid Alt -Adjacent Heated Paver/stairs replacement: Bid Alt -Secondary Water Quality Vault: The Capital Project Budget includes $2,608,968.15 $1,207,589.69 $418,614.99 $348,009.76 $327,621.53 $335,568.83 • $1,420,000 2017 for design and construction of Slifer Square • $800,000 in 2017 for the reconstruction of Meadow Drive along the Austria Haus • $3,000,000 2018 for construction of Slifer Square $5,220,000 Total Options for moving forward include: 1. Award the full contract with all the bid alternates as bid and supplement the budget to cover the budget shortage, $400,000 2. Award the base bid and any of the bid alternates and supplement the budget to cover the budget shortage as needed. 3. Award the base bid and Meadow Drive along the Austria Haus for $3,027,583.14 with no supplemental required and further investigate retrofitting the existing parking structure drainage vault to improve water quality _(See below). Recently staff has learned of a less invasive option to improve water quality of the drainage from the parking structure. It is a proprietary media that removes fine sediment, nutrients, petroleum hydrocarbons and dissolved metals. Staff is investigating if this material can be installed into an existing drainage vault in the parking structure. Staff believes that the majority of pollutants that enter Gore Creek from the Slifer Square outfall originate from the parking structure. This option would treat the drainage from the structure before it enters the storm sewer under Slifer Square and require no excavation. This would replace the bid alternative for a secondary water quality vault that is proposed near the 10th Mountain Statue that would require an 18' deep excavation for installation. Also, the cost of recovery of the fountain reconstruction to eliminate the leakage would be over 25 years based on current water rates. Due to the storm sewer/water quality redesign, staff would further investigate a possible basin only repair to the fountain vs a full replacement. The repair could be scheduled in the future. The construction is scheduled for April 16 to June 29, 2018 with a summer work stoppage and continue again from September 4 to November 15, 2018. III. STAFF RECOMMENDATION Town of Vail Page 2 February 20, 2018 - Page 79 of Staff recommends authorizing the Town Manage to enter into an agreement in a form approved by the Town Attorney awarding the base bid and Meadow Drive along the Austria Haus alternate in an amount not to exceed $3,027,583.14 with Icon Inc. and further investigate retrofitting the existing parking structure drainage vault to improve water quality. If the retrofit is unsuccessful, the Town could change order the secondary water quality vault to be installed in the fall 2018. Town of Vail Page 3 February 20, 2018 - Page 80 of TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance 5, Series 2018, First Reading, Ordinance amending Chapter4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles PRESENTER(S): Gregg Barrie, Sr. Landscape Architect ACTION REQUESTED OF COUNCIL: Adopt, or adopt with revisions, Ordinance 5, Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. BACKGROUND: The ordinance addresses regulations about the electronic personal assistive mobility devices and electric assisted bicycles. The topic has been discussed at previous council meetings and the Town Code would be amended if the legislation is approved. STAFF RECOMMENDATION: Staff recommends adoption, or adoption with revisions, of Ordinance 5, Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. ATTACHMENTS: Description Memorandum Ordinance No. 5, Series of 2018 February 20, 2018 - Page 81 of rowN OFD } Memorandum To: Vail Town Council From: Department of Public Works Date: February 20, 2018 Subject: First Reading of Ordinance 5, Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles I. INTRODUCTION In response to recent Town Council discussions regarding Electric Assisted Bicycles (EABs) and Electronic Personal Assistive Mobility Devices (EPAMDs), also known as Segways, the attached Ordinance amending Sections 7-4-4 and 7-4-5 of the Vail Town Code is presented to the Town Council for review and adoption. II. BACKGROUND A. Electronic Personal Assistive Mobility Devices In 2011, the Vail Town Council passed an ordinance allowing EPAMDs on the town's paved recreation trails. In late 2017, the current Town Council raised concerns about EPAMD conflicts however, after a discussion with representatives of Vail Segway, a local business operating Segway tours, the Council generally agreed to a trial period and discussed options to better regulate their use. The attached draft ordinance recommends the following: • The town will allow one licensed EPAMD business operation in Vail • The licensed operator can only provide supervised "tours" with a maximum of ten (10) participants plus up to two guides • Unsupervised rentals of EPAMDs to individuals will not be allowed • The updated ordinance would not affect the use of personal owner -operated EPAMDs except in currently restricted areas such as playgrounds, turf areas, etc. B. Electric Assisted Bicycles In 2017, the State of Colorado revised laws regulating EABs to allow them to be operated on paved recreation trails, subject to local jurisdiction. The revised state law also creates three "classes" of EABs and defines age requirements for Class 3 EABs. At a December 2017 Council meeting, the Town Council agreed that the town ordinance should more closely follow state law. The attached draft ordinance recommends the following: February 20, 2018 - Page 82 of • Defines EABs in accordance with state law • Defines three "Classes" of EABs in accordance with state law • Adds "soft surface trails" to the list of prohibited areas III. FOR CONSIDERATION Representatives of Vail Segway have requested two revisions to the attached Ordinance. Arguments for the revisions will be presented during the meeting. The first is a request to delete the requirement for an audible device on EPAMDs that are part of a guided tour. The second is a request to lower the minimum age for the use of EPAMDs from age 16 to age 12 for those on a tour. Staff has no concerns with elimination of the audible device as long as the tour guide has an audible device. Staff has reservations in regards to the age reduction based on the use of EPAMDs in roadways and potentially crowded parks and recreation trails. The State of Colorado has no age restrictions on EPAMD use. IV. STAFF RECOMMENDATIONS Staff recommends adoption, or adoption with revisions, of Ordinance 5, Series of 2018 amending Chapter 4 of Title 7 of the Vail Town Code V. ACTION REQUESTED BY COUNCIL Adopt or adopt with revisions Ordinance 5, Series of 2018 amending Chapter 4 of Title 7 of the Vail Town Code Attachment: Attachment A Ordinance 5, Series of 2018 Town of Vail Page 2 February 20, 2018 - Page 83 of ORDINANCE NO. 5 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL TOWN CODE REGARDING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICES AND ELECTRIC ASSISTED BICYCLES WHEREAS, by Ordinance No. 2011-13, the Town Council adopted regulations regarding the operation of Electronic Personal Assistive Mobility Devices ("EPAMDs") in the Town; WHEREAS, the Town Council desires to amend the Town Code to prohibit the rental of EPAMDs without a permit issued by the Town; WHEREAS, the Colorado General Assembly recently passed House Bill 17- 1151, which refines the definition of an Electric Assisted Bicycle and affords such mode of transportation a presumption of allowance on bike and pedestrian paths in the state unless a municipality provides otherwise; and WHEREAS, the Town Council wishes to implement House Bill 17-1551. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The definition of "Electric Assisted Bicycle" contained in Section 7- 4-1 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: ELECTRIC ASSISTED BICYCLE: A vehicle having three wheels or less, fully operable pedals, and an electric motor not exceeding seven hundred fifty (750) watts of power rating, and conforming to one of three classes as follows: A. "Class 1 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. B. "Class 2 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. C. "Class 3 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour. 1 2/14/2018 S:IPUBLIC WORKSIPARKS, REC, OPEN SPACEIRECREATION PATHSISEGWAYSI2018 REVISIONSIEBIKES EPAMDS- 0013118 (002).DOCX February 20, 2018 - Page 84 of Section 2. Section 7-4-4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 7-4-4. EPAMDS: A. General Prohibition: It is unlawful for the owner of an EPAMD to rent the EPAMD to any person in the Town unless the owner of the EPAMD has obtained a permit from the Town in compliance with this Section. B. Permit: The Town will issue one permit to a commercial enterprise owning EPAMDs and offering to the general public guided EPAMD tours to groups of ten (10) persons or less, excluding tour guides. As a condition of the permit, the permittee shall: maintain the EPAMDs in safe working condition; ensure that all EPAMDs are equipped with operational audible warning devices at all times; require that all EPAMD tour guides are certified EPAMD operators; and ensure that the EPAMDs are operated in compliance with all applicable law. C. Prohibited Areas: Permitted EPAMDs are prohibited in or on the following: 1. Vail Nature Center; 2. Betty Ford Alpine Garden; 3. Village Streamwalk; 4. Children's playgrounds; 5. Turf areas or soft -surface trails; 6. Natural/unimproved areas; and 7. Streets and highways that are parts of the state highway system. Section 3. Subsections B. and C of Section 7-4-5 of the Vail Town Code are hereby amended as follows: 7-4-5: ELECTRIC ASSISTED BICYCLES: B. Bicycle and Pedestrian Paths: Notwithstanding any other provision of this Chapter to the contrary, a person may operate a Class 1 or Class 2 electric assisted bicycle, with the motor activated, on any bicycle and pedestrian path in the Town, other than a bicycle and pedestrian path in 2 2/14/2018 S:IPUBLIC WORKSIPARKS, REC, OPEN SPACEIRECREATION PATHSISEGWAYSI2018 REVISIONSIEBIKES EPAMDS- 0013118 (002).DOCX February 20, 2018 - Page 85 of any of the prohibited areas set forth below. Class 3 electric assisted bicycles are prohibited on all bicycle and pedestrian paths. C. Prohibited Areas: It is unlawful for a person to operate an electric assisted bicycle with the motor activated in or on the following: 1. Vail Nature Center; 2. Betty Ford Alpine Garden; 3. Village Streamwalk; 4. Children's playgrounds; 5. Turf areas or soft -surface trails; 6. Natural/unimproved areas; or 7. Sidewalks that are not part of a designated bicycle and pedestrian path. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 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. 3 2/14/2018 S:IPUBLIC WORKSIPARKS, REC, OPEN SPACEIRECREATION PATHSISEGWAYSI2018 REVISIONSIEBIKES EPAMDS- 0013118 (002).DOCX February 20, 2018 - Page 86 of INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 6th day of March, 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 6th day of March, 2018. ATTEST: Patty McKenny, Town Clerk 4 Dave Chapin, Mayor 2/14/2018 S:IPUBLIC WORKSIPARKS, REC, OPEN SPACEIRECREATION PATHSISEGWAYSI2018 REVISIONSIEBIKES EPAMDS- 0013118 (002).DOCX February 20, 2018 - Page 87 of ORDINANCE NO. 5 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 7 OF THE VAIL TOWN CODE REGARDING ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICES AND ELECTRIC ASSISTED BICYCLES WHEREAS, by Ordinance No. 2011-13, the Town Council adopted regulations regarding the operation of Electronic Personal Assistive Mobility Devices ("EPAMDs") in the Town; WHEREAS, the Town Council desires to amend the Town Code to prohibit the rental of EPAMDs without a permit issued by the Town; WHEREAS, the Colorado General Assembly recently passed House Bill 17- 1151, which refines the definition of an Electric Assisted Bicycle and affords such mode of transportation a presumption of allowance on bike and pedestrian paths in the state unless a municipality provides otherwise; and WHEREAS, the Town Council wishes to implement House Bill 17-1551. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The definition of "Electric Assisted Bicycle" contained in Section 7- 4-1 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: ELECTRIC ASSISTED BICYCLE: A vehicle having three wheels or less, fully operable pedals, and an electric motor not exceeding seven hundred fifty (750) watts of power rating, and conforming to one of three classes as follows: A. "Class 1 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. B. "Class 2 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty (20) miles per hour. C. "Class 3 electric assisted bicycle" means an electrical assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight (28) miles per hour. Ordinance No. 5, Series of 2018 February 20, 2018 - Page 88 of Section 2. Section 7-4-4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: Sec. 7-4-4. EPAMDS: A. General Prohibition: It is unlawful for the owner of an EPAMD to rent the EPAMD to any person in the Town unless the owner of the EPAMD has obtained a permit from the Town in compliance with this Section. B. Permit: The Town will issue one permit to a commercial enterprise owning EPAMDs and offering to the general public guided EPAMD tours to groups of ten (10) persons or less, excluding tour guides. As a condition of the permit, the permittee shall: maintain the EPAMDs in safe working condition; ensure that all EPAMDs are equipped with operational audible warning devices at all times; require that all EPAMD tour guides are certified EPAMD operators; and ensure that the EPAMDs are operated in compliance with all applicable law. C. Prohibited Areas: Permitted EPAMDs are prohibited in or on the following: 1. Vail Nature Center; 2. Betty Ford Alpine Garden; 3. Village Streamwalk; 4. Children's playgrounds; 5. Turf areas or soft -surface trails; 6. Natural/unimproved areas; and 7. Streets and highways that are parts of the state highway system. Section 3. Subsections B. and C. of Section 7-4-5 of the Vail Town Code are hereby amended as follows: 7-4-5: ELECTRIC ASSISTED BICYCLES: B. Bicycle and Pedestrian Paths: Notwithstanding any other provision of this Chapter to the contrary, a person may operate a Class 1 or Class 2 electric assisted bicycle, with the motor activated, on any bicycle and pedestrian path in the Town, other than a bicycle and pedestrian path in Ordinance No. 5, Series of 2018 February 20, 2018 - Page 89 of any of the prohibited areas set forth below. Class 3 electric assisted bicycles are prohibited on all bicycle and pedestrian paths. C. Prohibited Areas: It is unlawful for a person to operate an electric assisted bicycle with the motor activated in or on the following: 1. Vail Nature Center; 2. Betty Ford Alpine Garden; 3. Village Streamwalk; 4. Children's playgrounds; 5. Turf areas or soft -surface trails; 6. Natural/unimproved areas; or 7. Sidewalks that are not part of a designated bicycle and pedestrian path. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 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. Ordinance No. 5, Series of 2018 February 20, 2018 - Page 90 of INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 6th day of March, 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 6th day of March, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 5, Series of 2018 February 20, 2018 - Page 91 of TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 2, Series of 2018, Second Reading, An Ordinance Amending Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a New Section 1-9-10, Concerning the Sealing and Expungment of Criminal Records PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 2, Series of 2018, upon second reading. BACKGROUND: Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records. Pursuant to C.R.S.§ 18-13-122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person. Ordinance No. 2, Series 2018 provides a procedure to seal or expunge certain criminal records in accordance with such legislation. STAFF RECOMMENDATION: Approve Ordinance No. 2, Series of 2018, upon second reading. ATTACHMENTS: Description Ordinance No. 2, Series of 2018 February 20, 2018 - Page 92 of ORDINANCE NO. 2 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 9 OF TITLE 1 OF THE VAIL TOWN CODE BY AMENDING SECTION 1-9-8 AND ADDING A NEW SECTION 1-9-10, CONCERNING THE SEALING AND EXPUNGEMENT OF CRIMINAL RECORDS WHEREAS, Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records; WHEREAS, Senate Bill 17-1208 clarified the process for sealing certain criminal records; WHEREAS, pursuant to C.R.S. § 18-13-122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person; WHEREAS, Senate Bill 17-1204 amended and clarified various provisions of Articles 18, 19 and 24, C.R.S., concerning the expungement of juvenile records in certain circumstances; and WHEREAS, the Town Council wishes to provide a procedure to seal or expunge certain criminal records in accordance with such legislation. 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 amended by the addition of a new Subsection F, to read as follows: 1-9-8: COURT COSTS: F. Record sealing fee: The Municipal Court shall assess costs of sixty-five dollars ($65.00) upon a defendant's request to seal his or her criminal justice record for violations other than convictions. Such costs shall be in addition to any fines or penalties. Section 2. Chapter 9 of Title 1 of the Vail Town Code is hereby amended by the addition of a new Section 1-9-10, to read as follows: 1-9-10: SEALING AND EXPUNGEMENT OF RECORDS: A. Definitions. For purposes of this Section, the following terms shall have the following meanings: Ordinance No. 2, Series of 2018 February 20, 2018 - Page 93 of BASIC IDENTIFICATION INFORMATION: The name, place and date of birth, last -known address, social security number, occupation and address of employment, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person. PERSON IN INTEREST: The person who is the primary subject of a criminal justice record or any representative designated by said person by power of attorney or notarized authorization; except that, if the subject of the record is under legal disability, "person in interest" means and includes his or her parents or duly appointed legal representative. JUVENILE: A person under eighteen (18) years of age. B. Sealing of records other than convictions. 1. A person in interest may petition the Municipal Court for the sealing of all criminal records of a defendant, except basic identification information, in the following circumstances: a. Upon the complete dismissal of a case against the defendant; b. Upon acquittal of the defendant on all counts in a case; c. Upon completion of all terms of a diversion agreement by the defendant; or d. Upon completion of a deferred judgment and sentence where all counts are dismissed. 2. Notwithstanding Subsection (B)(1) hereof, a person in interest may not obtain a sealing order if: a. The defendant owes restitution, fines, court costs, late fees, or other fees in the case that is the subject of the petition to seal criminal records, unless the Municipal Court vacated the order for restitution, fines, court costs, late fees, or other fees; b. An offense is not charged due to a plea agreement in a separate case; c. A dismissal occurs as part of a plea agreement in a separate case in which a judgment of conviction has been entered; or d. The only charges against defendant involved a class 1 or class 2 misdemeanor traffic offense or a class A or class B traffic infraction. Ordinance No. 2, Series of 2018 February 20, 2018 - Page 94 of C. Minors in possession of alcohol or marijuana. 1. Automatic sealing. The Municipal Court shall immediately issue a sealing order in a case in which a defendant under the age of twenty-one (21) is charged with illegal possession or consumption of ethyl alcohol or marijuana in the following circumstances: a. Upon the complete dismissal of a case against the defendant; b. Upon completion of a deferred judgment or diversion or any other action resulting in dismissal of the case against defendant; or c. Upon completion of any court-ordered substance abuse education and payment of any fine for a first time conviction. 2. Sealing upon petition. The defendant may petition the Municipal Court for an order sealing criminal records upon expiration of one (1) year from the date of a second or subsequent conviction for illegal possession or consumption of ethyl alcohol or marijuana. The Municipal Court shall grant the petition if the defendant has not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense during the period of one (1) year following the date of the defendant's conviction. D. Expungement of juvenile records. 1. The Municipal Court shall automatically expunge the record of a juvenile charged with a violation of the Town Code, within forty-two (42) days of the occurrence of the following: a. Upon a finding of not guilty at an adjudicatory trial; b. Upon the complete dismissal of a case; or c. Upon completion of a sentence. 2. Notwithstanding the requirements of Subsection (D)(1) hereof, the Municipal Court shall not expunge the record of a juvenile if the juvenile has any felony, misdemeanor, petty offense or delinquency actions pending. In such case, the Municipal Court shall stay the petition for expungement proceedings until resolution of any pending cases. 3. The Municipal Court may not expunge the records of a person charged, adjudicated or convicted of any offense or infraction pursuant to the Vehicle and Traffic Law, Title 42, C.R.S. Ordinance No. 2, Series of 2018 February 20, 2018 - Page 95 of 4. The Municipal Court shall notify the prosecuting attorney that all records in a case charging a juvenile with a municipal violation will be expunged forty-two (42) days after completion of the sentence. The prosecuting attorney may object within the forty-two (42) day period and, in such case, the Municipal Court will schedule a hearing on the expungement with notice sent to the juvenile's last known address. The juvenile is not required to appear at the hearing. The Municipal Court shall expunge the juvenile's records upon written findings that the juvenile successfully completed the sentence or that the case is closed. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 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 20th day of February, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 2, Series of 2018 February 20, 2018 - Page 96 of TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 3, Series of 2018, Second Reading, An Ordinance Amending Title 7, Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding Driving Under Restraint PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 3, Series of 2018 upon second reading. BACKGROUND: The Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation. Ordinance No. 3, Series 2018 would adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. STAFF RECOMMENDATION: Approve Ordinance No. 3, Series of 2018 upon second reading. ATTACHMENTS: Description Ordinance No. 3 Series of 2018 February 20, 2018 - Page 97 of ORDINANCE NO. 3 SERIES 2018 AN ORDINANCE AMENDING TITLE 7, CHAPTER 2, ARTICLE B OF THE VAIL TOWN CODE, BY THE ADDITION OF A NEW SECTION 4 REGARDING DRIVING UNDER RESTRAINT WHEREAS, the Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation; and WHEREAS, the Town wishes to adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 7, Chapter 2, Article B of the Vail Town Code is hereby amended by the addition of a new Section 7-2B-4, to read as follows: 7-2B-4: DRIVING UNDER RESTRAINT OR SUSPENSION: It is unlawful for any person to drive a motor vehicle or off-highway vehicle upon any street or highway in the Town with knowledge that such person's license or privilege to drive, either as a resident or nonresident, is under restraint or suspension for any reason, including an outstanding judgment. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code, 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 Ordinance No. 3, Series of 2018 February 20, 2018 - Page 98 of 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 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 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 20th day of February, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 3, Series of 2018 February 20, 2018 - Page 99 of TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 4, Series of 2018, Second Reading, An Ordinance Amending Title 10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning the Cultivation of Marijuana on Residential Property PRESENTER(S): Craig Bettis, Commander, and Matt Mire, town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 4, Series of 2018 upon second reading. BACKGROUND: Under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature. As a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants. Ordinance No. 4, Series 2018 adopts local regulations to restrict the number of marijuana plants that may be cultivated on residential property to 6, and further adopts regulations to limit the impacts of such cultivation on surrounding areas. STAFF RECOMMENDATION: Approve Ordinance No. 4, Series of 2018 upon second reading. ATTACHMENTS: Description Ordinance No. 4, Series of 2018 February 20, 2018 - Page 100 0 ORDINANCE NO. 4 SERIES OF 2018 AN ORDINANCE AMENDING TITLE 10 OF THE TOWN OF VAIL MUNICIPAL CODE BY THE ADDITION OF A NEW CHAPTER 4, CONCERNING THE CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY WHEREAS, under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature; WHEREAS, as a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants; and WHEREAS, the Town Council finds and determines that it is in the best interest of the public health, safety and welfare to adopt local regulations to restrict the number of marijuana plants that may be cultivated on residential property to 6, and to adopt regulations to limit the impacts of such cultivation on surrounding areas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Title 10 of the Vail Town Code is hereby amended by the addition of a new Chapter 4, to read as follows: Chapter 4 CULTIVATION OF MARIJUANA ON RESIDENTIAL PROPERTY 10-4-1: PURPOSE: The purpose of this Chapter is to regulate the cultivation of marijuana on residential property in the Town, regardless of whether the marijuana is for medical or recreational use. 10-4-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: MARIJUANA: All parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate, but excluding industrial hemp, fiber produced from the stalks, oil, or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. RESIDENTIAL PROPERTY: A single-family dwelling, multi -family dwelling, two- family dwelling or other dwelling unit, as those terms are defined in Chapter 12 of Ordinance No. 4, Series of 2018 February 20, 2018 - Page 101 0 this Code, including any associated accessory structures and front, rear or side yards. 10-4-3: PLANT LIMIT: Regardless of whether the marijuana is for medical or recreational use, it is unlawful for a person to knowingly cultivate more than six (6) marijuana plants on residential property or to knowingly allow more than six (6) marijuana plants to be cultivated on residential property. 10-4-5: LIMITATION ON IMPACTS: The cultivation of marijuana on residential property shall not be perceptible from outside the residential property, including without limitation: 1. Common visual observation, including any form of signage; 2. Odor; 3. Light pollution or glare; or 4. Undue vehicle or foot traffic, including excess parking. 10-4-4: SAFETY REGULATIONS: A. The cultivation of marijuana on residential property shall meet the requirements of all applicable building and life/safety codes. B. The cultivation of marijuana on residential property shall comply with all applicable water and sewer regulations. C. The use of flammable gas as a solvent in the extraction of tetrahydrocannabinol or any other cannabinoid is prohibited on any residential property. D. The cultivation of marijuana on residential property is and shall be deemed consent by the person cultivating the marijuana, upon reasonable notice, for the Town to inspect the premises to determine compliance with this Chapter. 10-4-5: VIOLATION; PENALTY: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be subject to the penalties set forth in Section 1-4-1 of this Code. 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. Ordinance No. 4, Series of 2018 February 20, 2018 - Page 102 0 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 6th day of February, 2018 and a public hearing for second reading of this Ordinance is set for the 20th day of February, 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 20th day of February, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 4, Series of 2018 February 20, 2018 - Page 103 0 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment 9:00 p.m. (estimated) TOWN Of UAIL February 20, 2018 - Page 104 0