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HomeMy WebLinkAbout2018-03-06 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, March 6, 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. Proclamations 2.1. Proclamation No. 2, Series of 2018, Proclamation in Recognition of Vail's 5 min. Trailblazer Award Recipients Sheika and Pepi Gramshammer Presenter(s): Dave Chapin, Mayor Background: The Town of Vail celebrated its 50th birthday of incorporation as a municipality on August 23, 2016 with numerous festivities taking place, including the debut of the Vail Trailblazer Award Program, a civic recognition whereby the Vail Town Council acknowledges an individual/s that exemplifies the spirit and fortitude in making Vail a great community through selfless contributions of time and talent which have made a lasting impact. The recipients in 2018 are Sheika and Pepi Gramshammer as the community recognizes their meaningful and amazing contributions to the Town of Vail. 3. Appointments for Boards and Commissions 3.1. Art in Public Places Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint five people to the Al PP Board for a two year term ending March 31, 2020. 3.2. Building and Fire Code Appeals Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint one person to serve as the "regular member" and appoint two people to serve as alternates on the Building & Fire Code Appeals Board for a five year term ending March 31, 2023. 5 min. 5 min. March 6, 2018 - Page 1 of 163 4. Consent Agenda 4.1. Resolution No. 10, Series of 2018, A Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy: and Setting Forth Details in Regard Thereto. 4.2. Minutes from February 6, 2018 meeting 4.3. Minutes from February 20, 2018 meeting 4.4. Letter of Support for the Mountain Pact Recommendation. 5. Town Manager Report 5.1. Town Manager Report 6. Action Items 6.1. Ordinance No. 6, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund 6.1.1 - Consideration of Seibert Memorial Funding Request 6.1.2 - Consideration of Vail Valley Foundation Funding Request for Digital Screen Project at Gerald R. Ford Amphitheater Presenter(s): Kathleen Halloran, Finance Director; Carlie Smith, Budget Analyst Background: see memo. 7. Presentations / Discussion 40 min. 7.1. Parking and Transportation Task Force recommended summer 2018 plan 30 min Presenter(s): Greg Hall Director of Public Works and Transportation and Mayor Dave Chapin Action Requested of Council: Provide direction to the staff regarding the Parking and Transportation Task Force recommendations as well as provide feedback on any additional information for March 20 discussion. Background: The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12 -member group is to provide advisory input and recommendations on parking, transit and traffic operations. The Task Force is chaired by Mayor Chapin and supported by various departments and agencies to assist with technical expertise. Staff Recommendation: Staff recommends the Town Council approves the recommendations of the Parking and Transportation Task Force. Direct staff to return with the proposed plan to implement the overnight fee structure and the associated operating costs for inclusion in the second reading of the first budget supplemental on March 20. March 6, 2018 - Page 2 of 163 8. Action Items 8.1. Permission to Proceed through the Development Process - La Taberna I berica Restaurant Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: Gatto Pardo Bianco LLC, the owner of the Unit #15, 100 Meadow Drive, requests permission to proceed through the Development and Design Review process for an Amendment to Special Development District No. 6, Vail Village Inn, for improvements that include an outdoor dining patio and associated improvements that occur within the Town of Vail Right -of -Way. Background: The subject property, located at 100 Meadow Drive, Unit 15, was constructed in 1976 and was most recently occupied by the former Master's Gallery. It is the applicant's intention to repurpose the space for an eating and drinking establishment. Staff Recommendation: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of outdoor dining and private landscaping. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued and removed if required to do so. 8.2. Red Sandstone Elementary School Parking Structure Contract Award to Haselden Construction Presenter(s): Greg Hall Director of Public works and Transportation Action Requested of Council: The staff has requested the Town Council address the following: • Authorize the Town Manager to enter into a Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000 . Background: The Town of Vail and the Eagle County School District are jointly constructing a four -level 160 car parking structure on the current Red Sandstone School site. The work will include extensive site work to establish a loop road around the parking structure to allow access to each level while at the same time provide a one-way loop road for school drop off and pick up. Staff Recommendation: Staff recommends the Town Council construct the four -level structure. In addition, the Town Council should take action on the items below: • Authorize the Town Manager to enter Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000. 30 min. 20 min 9. Public Hearings 9.1. Ordinance No. 7, Series of 2018, First Reading, An Ordinance Amending 15 min. Section 10-1-3 of the Vail Town Code to Add an Amendment to the 2015 International Residential Code Previously Adopted by the Town by Reference Presenter(s): Chris Jarecki, Chief Building Official March 6, 2018 - Page 3 of 163 Action Requested of Council: Approve, approve with amendments, or deny Ordinance 7, Series of 2018 upon first reading. Background: It is clear that compliance with Section R302.1 of the International Residential Code becomes impossible when reviewing and constructing two-family dwellings (duplexes) with known lot lines that separate the units along the shared wall. Projections such as roof eaves, doors, windows and other openings are strictly prohibited by this section of the code. The practice of subdividing these properties is commonplace and this Ordinance will effectively allow for continued contemporary design and construction of these residential structures. Staff Recommendation: Approve, approve with amendments, or deny Ordinance No. 7, Series of 2018 upon first reading. 9.2. Ordinance 5, Series 2018, Second Reading, Ordinance amending Chapter 15 min. 4 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. 10. Adjournment 10.1. Adjournment at 9:20 p.m. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by 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. March 6, 2018 - Page 4 of 163 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 2, Series of 2018, Proclamation in Recognition of Vail's Trailblazer Award Recipients Sheika and Pepi Gramshammer PRESENTER(S): Dave Chapin, Mayor BACKGROUND: The Town of Vail celebrated its 50th birthday of incorporation as a municipality on August 23, 2016 with numerous festivities taking place, including the debut of the Vail Trailblazer Award Program, a civic recognition whereby the Vail Town Council acknowledges an individual/s that exemplifies the spirit and fortitude in making Vail a great community through selfless contributions of time and talent which have made a lasting impact. The recipients in 2018 are Sheika and Pepi Gramshammer as the community recognizes their meaningful and amazing contributions to the Town of Vail. ATTACHMENTS: Description Proclamation No. 2, Series of 2018, Vail Trailblazer Award Gramshammers March 6, 2018 - Page 5 of 163 March 6, 2018 - Page 6 of 163 VAI L n TRAI ZEF ABRLp TOWN OF PROCLAMATION NO. 2, SERIES OF 2018 IN RECOGNITION OF VAIL'S TRAILBLAZER AWARD RECIPIENTS SHEIKA AND PEPI GRAMSHAMMER WHEREAS, the Town of Vail celebrated its 50th birthday of incorporation as a municipality on August 23, 2016 with numerous festivities taking place, including the debut of the Vail Trailblazer Award Program, a civic recognition whereby the Vail Town Council acknowledges an individual/s that exemplifies the spirit and fortitude in making Vail a great community through selfless contributions of time and talent which have made a lasting impact; and; WHEREAS, Austrian-born Sheika and Pepi Gramshammer's legacy in Vail began with their arrival in the early 1960s, Pepi as a world-renowned professional ski racer, who met Sheika Moser at a race in Aspen, only to be married within weeks in 1964, they settled their home in Vail with the prospects of helping build a ski resort, opening their signature hotel at the corner of Bridge Street and Gore Creek Drive, and for more than 50 years, their colorful personalities have delighted guests of their Hotel Gasthof Gramshammer with many becoming loyal friends who return year after year, and; WHEREAS, Sheika and Pepi's enthusiastic and charismatic style and international relationships helped build Vail's reputation for ski racing with the introduction of the 1967 World Cup races; their active involvement as Vail's ambassadors continued through the decades as they traveled around the world to meet with officials from Championships in 1989, 1999 and 2015, the Gramshammer's ongoing philanthropic support serving as the hosts of Vail's annual Crystal Ball black-tie fundraiser event from 1982-1998, which was the predecessor of today's Black Diamond Ball sponsored by the Vail Valley Foundation, a Crystal Ball event that generated over $2 million for ski-related organizations and programs, including the 1989 and 1999 World Championships bid, the U.S. Ski Team, Ski and Snowboard Club Vail and Vail Resorts' adaptive ski program, and; WHEREAS, the Gramshammers raised their daughters Kira and Sheika in Vail, who are also involved in helping to run the family business which includes the inn, restaurant, bar and Pepi's Sports retail store, a Vail Village legacy property which underwent a significant remodel in 2016 that included expansion of the bar and renovation of the guest rooms; and the hotel's signature dining deck serves as one of Vail's most iconic settings where the ambiance of the village comes alive year-round, especially in the summer when Sheika's flower boxes are in full bloom, a tradition she began years ago that inspired the town and other businesses to take part, and; March 6, 2018 - Page 6 of 163 March 6, 2018 - Page 7 of 163 WHEREAS, Pepi's devotion to inspire included his Wedel Weeks ski training a program that pairs some of Vail's finest instruction in the Austrian tradition, and Foundation's American Ski Classic in and; WHEREAS, the Gramshammer's House as the Gramshammers became family, it was well known that Pepi eagerly Sheika became an early supporter of made Vail their part-time home in later throughout the community, including the organized a tennis tournament and other infant incubator and a defibrillator for WHEREAS, the couple's commitment pursuits have included their contributions directors, Sheika's former service on the member of the Betty Ford Alpine Gardens their distinguished honors which include Vail Foundation, Pepi's induction into Sheika was presented with the Vail Centre's and; NOW, THEREFORE, be it proclaimed recipients of the Vail Trailblazer Award early Vail who have demonstrated over commitment to enhance Vail's social, values that define this community, this appreciation for your passion and contributions broader community. Dated this 6th day of March 2018. Vail Town Council /VI others to become passionate about skiing has program introduced in 1985 which is now in its 33rd year, ski instructors with energetic skiers for a week of he was also instrumental in launching the Vail Valley the 1980s; it was his idea to add ski legends to the event, unique and warm hospitality also extended to the White close friends with President Gerald R. Ford and his joined the president for ski outings in Vail, while the Betty Ford Alpine Gardens after the "Ford First Family" years, the Gramshammer generosity continued to extend hospital, now Vail Health, and in the 1970s, Sheika fundraisers which enabled the hospital to purchase an Vail's growing population, and; to advancing Vail's education, recreation and cultural as members of the Vail Valley Foundation's board of Vail Dance Festival Committee, her current role as a Board of Directors, and their successes are noted by Pepi's recognition as Citizen of the Year in 1989 by the the Colorado Snowsports Hall of Fame in 1990, while Torch Award for Lifetime Achievement in 2017, to the community by the Vail Town Council, the third are Sheika and Pepi Gramshammer, two pioneers of the past 50 years their courage, leadership, vision and recreational, cultural, educational and environmental is our tribute to both of you as we extend our sincerest to the betterment of the Town of Vail and Attest: c so r ),p,,-i `,.-- NOF `% - CC)) RAoR n-c�o OFMM�N�S� CO Dave Chapin, Mayor Patty McKenny, Town Clerk March 6, 2018 - Page 7 of 163 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Art in Public Places Board Appointments PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Motion to appoint five people to the Al PP Board for a two year term ending March 31, 2020. March 6, 2018 - Page 8 of 163 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Building and Fire Code Appeals Board Appointments PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Motion to appoint one person to serve as the "regular member" and appoint two people to serve as alternates on the Building & Fire Code Appeals Board for a five year term ending March 31, 2023. March 6, 2018 - Page 9 of 163 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 10, Series of 2018, A Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy: and Setting Forth Details in Regard Thereto. ATTACHMENTS: Description resolution Holy Cross Energy Easement March 6, 2018 - Page 10 of 163 RESOLUTION NO. 10 Series of 2018 A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO GRANT A UTILITY/ACCESS EASEMENT TO HOLY CROSS ENERGY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the Town is the owner of certain real property generally described as Tract C and a Portion of Lot 8, Vail/Potato Patch, according to the Final Plat thereof, situate in Section 6, Township 5 South, Range 80 West of the 6th P.M., as more fully described at Reception Numbers 129527, 137265, 154791,and 285802 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado in Vail, Colorado, (the "Property"); WHEREAS, the Town desires to relocate Holy Cross Energy existing infrastructure to the Property to facilitate the construction of Red Sandstone Elementary School Parking Structure, and WHEREAS, the Town desires to grant an additional utility/access easement to Holy Cross Energy within the Property, pursuant to the terms of the Holy Cross Energy Underground Right -Of -Way Easement (the "Easement") in the form attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the Easement and authorizes on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. Resolution No. 10, Series 2018 March 6, 2018 - Page 11 of 163 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 6th day of March, 2018. Dave Chapin Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 10, Series 2018 March 6, 2018 - Page 12 of 163 HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF VAIL, a Colorado municipal corporation (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 21 50, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows: Tract C and a Portion of Lot 8, Vail/Potato Patch, according to the Final Plat thereof, situate in Section 6, Township 5 South, Range 80 West of the 6th P.M., as more fully described at Reception Numbers 129527, 137265, 154791, and 285802 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado. And, to construct, reconstruct, repair, change, enlarge, re -phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within an easement upon the above described lands in their entirety. Grantor understands that, upon the recording of an acceptable plat containing public utility easements intended to replace this instrument on the above described lands, and upon the sole determination of the Grantee, Grantee shall vacate this instrument. The rights herein granted specifically allow Grantee to install additional underground and/or pad -mounted facilities within the easement described herein. It shall be the Grantor's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that they are the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: All those of Record. W/0#18-23011: 52-32:Vail-Red Sandstone School Parking Str. 2/15/18 18-23011 JV Page 1 of 2 Revised 12/18/15 March 6, 2018 - Page 13 of 163 TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of , 20 The individual signing this Holy Cross Energy Underground Right -of -Way Easement hereby represents that he/she has full power and authority to sign, execute, and deliver this instrument. TOWN OF VAIL, a Colorado municipal corporation By: Mayor STATE OF ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 , by as Mayor of TOWN OF VAIL, a Colorado municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/0#18-23011: 52-32:Vail-Red Sandstone School Parking Str. 2/15/18 18-23011 JV Page 2 of 2 Revised 12/18/15 March 6, 2018 - Page 14 of 163 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from February 6, 2018 meeting ATTACHMENTS: Description February 6 2018 Meeting Minutes TOWN OF 1 X41 March 6, 2018 - Page 15 of 163 Vail Town Council Meeting Minutes Tuesday, February 6, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Absent: Greg Moffet Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation ■ Chris Fitzgerald, resident, expressed appreciation for the change in the the bus route, express bus to West Vail and for the recent workshop about wildlife impacts and violations occurring on the closed trails. He asked that there be better enforcement, installation of a gate, that would better indicate trails are closed. ■ Tom Vucich, East Vail resident, encouraged the council to learn more about the recent wildlife forum and the information presented. The meeting was a citizen -driven outcome of the Open Lands Update process and he noted the findings should be incorporated in plan. He expressed his opposition to the trails and requested more round table opportunities be held for this discussion. 2. Proclamations 2.1. Proclamation No. 1, Series of 2018, Recognizing Vail Valley Athletes Participating in 2018 Olympics to be held in PyeongChang, South Korea Council members and the Mayor read the proclamation and extended their wishes of luck to the Olympic contingent. 3. Consent Agenda 3.1. Minutes from December 19, 2017 Council Meeting Bruno moved to approve the December 19 minutes; Foley seconded the motion and it passed (6-0). Town Council Meeting Minutes of February 6, 2018 Page 1 March 6, 2018 - Page 16 of 163 3.2. Minutes from January 2, 2018 Council Meeting Bruno moved to approve the January 2 minutes; Langmaid seconded the motion and it passed (6-0). 3.3. Minutes from January 16, 2018 Council Meeting Bruno moved to approve the January 16 minutes; Mason seconded the motion and it passed (6- 0; Foley abstained). 3.4. Resolution No. 8, Series of 2018, A Resolution of the Vail Town Council Authorizing the Purchase and Accepting a Deed for Lot 1, Bighorn Subdivsion Second Addition Bruno moved to approve Resolution No. 8; Langmaid seconded the motion and it passed (6-0). Foley noted the location of the property as the corner of Bighorn Road and Bridge Road in East Vail as well as the amount of $150,000 to purchase the property, in an effort to compete a joint project with Eagle River Water & Sanitation District. 3.5. Vail Roundabout Concrete & Stone Repair Contract Award Bruno moved o direct the Town Manager to enter into a contract with Kraemer North America, LLC in the amount of $254,526.00 to complete the West Vail Roundabout Concrete & Stone Repair Project; Langmaid seconded the motion and it passed (6-0). There was a brief discussion about why CDOT would not be paying or completing the work; Kassmel noted that the ownership is with the town of Vail. 4. Town Manager Report 4.1. Town Manager's Report Highlights from the report included: ✓ Upcoming joint meeting with Eagle County Board of Commissioners ✓ Short term rentals public meetings to be held 2/13 & 2/14 ✓ Timber Ridge operating committee met to review ✓ Update on RFP process for an upcoming town compensation study 5. Action Items 5.1. Ordinance No. 2, Series of 2018, First 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 first 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. Town Council Meeting Minutes of February 6, 2018 Page 2 March 6, 2018 - Page 17 of 163 Staff Recommendation: Approve Ordinance No. 2, Series of 2018, upon first reading. Town Attorney Matt Mire presented a summary about the legislation which was requested by the Court. Judge Buck Allen noted some background about the need for sealing records for underage people as a a preferred process by the Court. A public comment was made by Michael Cacioppo about whether or not the juvenile would have to request that records be expunged; it was noted the expungnment of the records is automatic. Foley moved to approve Ordinance No. 2, Series of 2018, First 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. Mason seconded the motion and it passed (6-0). 5.2. Ordinance No. 3, Series of 2018, First 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 first 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 first reading. It was noted that this legislation was approved at the State legislature, and the town's ordinance would bring the court in compliance with the State Statutes. Judge Allen noted the process is helpful in helping the courts manage the outstanding judgment's and warrants. Foley moved to approve Ordinance No. 3, Series of 2018, First 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. Mason seconded the motion and it passed (6-0). There was no public comment at this time. 5.3. Ordinance No. 4, Series of 2018, First 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): Dwight Henninger, Chief of Police and Matt Mire, town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 4, Series of 2018 upon first 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 Town Council Meeting Minutes of February 6, 2018 Page 3 March 6, 2018 - Page 18 of 163 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 first reading. It was noted that this legislation was approved at the State legislature, and the town's ordinance would bring the court in compliance with the State Statutes. Foley moved to approve Ordinance No. 4, Series of 2018, First 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. Bruno seconded the motion and it passed (6-0). 5.4. Permission to Proceed - T -Mobile Antennas at Middle Creek Village Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to use Town of Vail property for the purpose of installing T -Mobile West communications antennas and appurtenant equipment. Background: Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located at 501 N. Frontage Road West with a new employee housing building containing 65 units. Demolition of the existing Solar Vail building containing T -Mobile West equipment will likely happen in spring 2018. Prior to demolition, T -Mobile West needs to replace its equipment in a new location within the vicinity of Solar Vail, and has determined that the Middle Creek Village property meets their requirements for location and height in order to maintain coverage to the east and west on 1-70, as well as portions of the Town and lower potions of the ski lifts. Staff Recommendation: The Community Development Department recommends that the Vail Town Council instructs Town Staff to sign the development application on behalf of the property owner and permit the development to proceed through the development review process for the proposed improvements. Planning Manager Chris Neubecker presented a summary of the request noting that as the property owner, the town would have to agree to proceed through a development process with an application related to relocating some vertical panels associated with the wireless mobile equipment. It was noted the application would continue through the DRB process. No public comments were made on this topic. Bruno moved to approve the request for permission to proceed through the development process related to the T -Mobile Antennas at Middle Creek Village; Foley seconded the motion and it passed (6-0). 5.5. Permission to Proceed through the Development Process - Solar Vail - 501 N. Frontage Road West Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of emergency vehicle and trash truck access for the redevelopment of Solar Vail and for installation of landscaping. Town Council Meeting Minutes of February 6, 2018 Page 4 March 6, 2018 - Page 19 of 163 Background: Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located at 501 N. Frontage Road West with a new employee housing building containing 65 units. As the design of the building continues to evolve, the applicant has determined that a driveway connection from the west, through the Red Sandstone Elementary School site, would improve circulation for emergency vehicles and trash trucks. This design mitigates the need for a large fire truck turn -around, which was not otherwise practical. Staff Recommendation: The Community Development Department recommends that the Vail Town Council instruct Town Staff to sign the development application on behalf of the property owner and permit the development to proceed through the development review process for the proposed driveway and landscaping improvements. Planning Manager Chris Neubecker presented a summary of the request noting that as the property owner, the town would have to agree to proceed through a development process with an application associated with allowing emergency vehicle and trash truck access for the redevelopment of Solar Vail. He noted that at this time, the motion is not for an "approval" and council could serve as a quasi-judicial judge on the topic if a decision is "called -up". It was also noted the matter would require an amendment to the school lease as well between town and the school district and Solar Vail ownership. There was no public comment on the topic. Foley moved to approve the request for permission to proceed through the development process related to Solar Vail - 501 N. Frontage Road West and the proposed driveway and landscaping improvements. Bruno seconded the motion and it passed (6-0). Foley expressed appreciation on behalf of the Bart & Yeti's community for the town's condolences for their good friend and employee Maldwyn Zang who recently passed away. He thanked everyone in the Vail community especially the Vail Police Department and all the emergency services responders for their support. There being no further business to come before the council, Foley moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 7:00 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of February 6, 2018 Page 5 March 6, 2018 - Page 20 of 163 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from February 20, 2018 meeting ATTACHMENTS: Description February 20 2018 Meeting Minutes TOWN OF 1 X41 March 6, 2018 - Page 21 of 163 Vail Town Council Meeting Minutes Tuesday, February 20, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Dick Cleveland, resident and representative on the CDOT project team who is evaluating auxiliary lanes on the west side of Vail Pass, invited the community to attend an upcoming open house sponsored by CDOT. It serves as an opportunity to give input on the future planning proposal for 1-70. Foley responded with an inquiry about the noise wall topic, hoping it might come up with this planning process as well. Paul Rondeau, resident, presented his ideas about sample signage for the trails and recreational paths which would help address safety on these heavily used paths. He offered a suggestion that the town purchase bicycle bells for the local and guest bicycle riders as a way to help improve safety on the trails. 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. There was a brief discussion about access points to the Roger Staub park as being limited and the work would help alleviate their issues. Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (7-0). Town Council Meeting Minutes of February 20, 2018 Page 1 March 6, 2018 - Page 22 of 163 3. Town Manager Report 3.1. Town Manager Report Clifton presented several highlights: subcommittee meeting with Vail Recreation District and the annual meeting with Vail Health officials. 4. Presentations / Discussion 4.1. 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. Chris Cares, RRC, and Suzanne Silverthorn, Communications Director, presented the 2018 community survey, used to probe and solicit feedback about community topics. The agenda item was a follow-up to their presentation and discussion at the last town council meeting. A number of edits to the survey were made related to questions about transit, community issues & opportunities, planning related programs, and financial prioritizing, to name a few. Cares is reviewing changes to each of these questions. There was a suggestion to include a question about "use of regional transit services" offered by ECO; the idea was offered because of an earlier afternoon meeting with the Eagle County Commissioners and an update about the Transit Development Plan survey and recommendations. After further discussion about questions numbered 27, 28, 30, 33, there was support to revise based on the suggestion and finalize the survey. It was noted postcards would be mailed out the week of March 5 and a presentation about the survey results would be reported to the community in June. The Town Council took a brief break to watch Lindsey Vonn's downhill race completion and the meeting reconvened around 7:15 pm. 4.2. 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. Town Council Meeting Minutes of February 20, 2018 Page 2 March 6, 2018 - Page 23 of 163 Mason recused herself at this time due to a conflict of interest with the topic. Chapin introduced Item 4.2 and turned it over to Mike Imhof, Executive Director for Vail Valley Foundation, who addressed their proposal for capital improvement at the Gerald R. Ford Amphitheater, with a request for funding support. He noted the project involves the installation of a high resolution LED digital screen at the Gerald R. Ford Amphitheater; the project has been on the planning table with VVF for some time. There was a successful test run of the infrastructure at a performance last summer (2017). He noted a tight timeline and the order for the screen was scheduled to occur at the end of this month, with the installation scheduled for May of this year. The Foundation requested town support for the project in the amount of $185K of funding. The total cost was estimated to be about $443K, details below: o A. Fain DIGITAL SCREEN UPDATE PROJECT TIMELINE: January 2018 — Vendor Selection and Contract Approval Process Begins ▪ Fehruary 28.2018 — LED Ordered From China ✓ May 1, 2018 — Installation Begins CAPITAL EXPENSE: 1 $443.646 1 $6(}.(}(}I} CONTINGENCY TOWN OF VAIL FUNDING REQUEST: v. Onetime capital support of $185,000 Advantages with the capital improvement included the following: • ❑ Substantial venue enhancement and im'oved lawn experience • ❑ Allows for expanded, dynamic programming • ❑ Live streaming our venue and Vail to global audience • ❑ Increased attendance • ❑ Recognition of our generous donors and partners Several comments were made as follows: ✓ how does the lease handle such capital improvements? There was a request to review the lease prior to making a final determination about the funding. ✓ There are cycles to make TOV funding requests, annually (September submittal) or mid- cycle process (May submittal) ✓ The project benefits both the guests and local community It was noted the topic would be scheduled again for March 6. 4.3. 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. Town Council Meeting Minutes of February 20, 2018 Page 3 March 6, 2018 - Page 24 of 163 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. Mason returned to the council chambers at this time. Greg Barrie, Public Works, summarized the weed management activity over the past two summers, with both the Town of Vail and the U.S. Forest Service (USFS) who 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 requested the opportunity to continue this program in 2018, see memo for cost details. 201AUSFSrTowna!4a1LrY cc W6441 Mana9Grrsnt Prccect Area Gore Creek. to/Wei-stied. Elva sive Pi@nI Partriershlp 2G18 Trealnenll)SLzvey Unils • 7P10.oiven Legend Emits rlea tik'iaemSS} r i a wrxC_Troar.,rz-utix fi4 D 075 +S 5 rte, Author S E;a11a D I3a}TQ1IT .Are35 ENyan On tills .Efeserr. • ::duce Lard 3 }:na re Ta, or Val _ :ay tE,fig 17La1Ed r _ _ r 1::-A0115. • ::=1111s. TNS ✓ an. L?::' ::-:. Dy me C,cesserizJon Corps. Dane d these areas lave already bP 1Etttled ▪ :,1C' Seas" s 7t = Ilp =..ra -:.1 =-..-e3 .: ..:,+351.71 3' . 35. eraC1:;a:: ' • .: { a W ho CoLQted x1114 the Tamar Val bolydaly Weed 6431 eluent 11:!ea dye' 2.41.0 arree. ar altlla lards are rauded n 261E weed Ta'43fjETE-T. BAB atorg:F ? Va1L'LCFS Council expressed appreciation for the partnership with the USFS for the different programs and requested staff permanently includes the weed funding in the annual program budget as well as include the $15K in the next supplemental budget for 2018. There were updates about the Intermountain Fuels Reduction Program and trails and wildlife management made by Mayville. Further comments included: ✓ Thanks to Novak and USFS for the fuels reduction efforts ✓ Thanks for the wildlife symposium ✓ Request for more education, a public communication campaign about "trail closures" and more enforcement for compliance ✓ An update about the role of the "Adopt a trail Ambassador Program" related to education for the public Town Council Meeting Minutes of February 20, 2018 Page 4 March 6, 2018 - Page 25 of 163 ✓ Update about actions addressing the Booth falls Trail which includes the collection of data through a registration and fee implementation process; the outcome will be the management plan for the trail and the steps look very similar to that invoked on Hanging Lake trailhead 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. Hoblitzell presented the information including the system service levels and the cost savings as follows: EMS System Service Levels Service Level 1 $10-12.000 annually fin -budget apttani Service Level $20-30.440 annually Service Level $144,404+ annually A..tc+nated B ^g data Import A..tcmated B ^g Data Import A..icmatec B ^g Data moort Weather Nofnalizat on 'Feather No ^nalizat a^ Weather No Tmalizat a^ 3HG repo -ling 3HG Report ^g G HG reporting Real T me Data Import Real T me Cala Import P..blic Educato^ Poial P..:dic Educato^ Papal E.ergy Star B. (ding Scoring Elegy Star B. ting Scaring Multiple Hardware £ompatbilitrand Soalabiity Multiple Hardware Compatn lity a^a Scalabiuy E^ ergy Modeling Capao -lies E ^ergy Mcoeling Capab lies Customized Hardware nslallalian 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.1 The staff recommendation was for service level 2 with a budget of $34K, an additional $22K partly related to the annual subscription fees. The council supported the recommendation. 5. Action Items 5.1. Slifer Square Project Update and Contract Presenter(s): Chad Salli, Project Engineer, Public Works Town Council Meeting Minutes of February 20, 2018 Page 5 March 6, 2018 - Page 26 of 163 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. Salli presented the topic with a review of what transpired since last year. He noted 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 following bid and budget information was reviewed: ;i1f receives 1 bid far the Slifer Square Repair Project, Icon Inc_ Base Bid: B id Alt -Slifer Square Fountain: B id Alt -Meadow Dralonp theAustria Haus Bid Alt -Meadow Dr bus lanes concrete replacement wth pawers: Bid Alt-djacent Heated Paueristairs replacement: Bid Alt -Secondary Water Quality Vault: The Capital Project Budget includes $2,618,gd8.15 $1207,589.13g $416,1314.99 $34B4OOB.76 •327,821.53 335,56B.83 • $1,420,000 2017 far design and Instruction of SIiferSquare • $B1:11:101:10 - 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 far movingforwrard include 1. Award the full ixinl actwith all the bid a1er-ales as bid and supplement t -e budget to cover the budget shortage, $400,100 2. Aware tre base bid and any of the bid alternates and supplernenl the budget to cover the budget shortage as needed. 3. Aware t^e base bid and Meadow Drive along theAustria Haus for $1127.563.14 wig ^o supplemental req.. ed a^a urger rniestigate retrofrttrig the existing nark ^g st.--ct.. re orainape vau i is irr youe water quality_See below). Salli suggested moving forward with option #3 as follows: ✓ 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. Town Council Meeting Minutes of February 20, 2018 Page 6 March 6, 2018 - Page 27 of 163 Foley moved 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. Langmaid seconded the motion and it passed (7-0). No public input was heard. 5.2. Ordinance 5, Series 2018, First Reading, Ordinance amending Chapter 4 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. Chapin asked for public input after Gregg Barrie presented an overview of the legislation. Seth Valentine, the local vendor requested the following: ■ Requested that bells would not be required on the segways that are traveling in a group ■ Requested that the age be lowered below 16 years There were comments that supported lowering the age to 12 and requiring only the tour guide to use the audible devise. Coggin moved to approve Ordinance 5, Series 2018, First Reading, Ordinance amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles, with an age limit of 12 and the tour guide only must have an audible device. Moffet seconded the motion and it passed (7-0). No further public comments were heard. Chapin noted that he would prefer to restrict the areas of use, but would just request the vendor be very conscientious about where they are touring groups. It was requested to review the program at the end of the summer. Bruno thanked the vendor for their input and offering this mode of transportation. 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. Town Council Meeting Minutes of February 20, 2018 Page 7 March 6, 2018 - Page 28 of 163 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. Moffet moved to approve 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; Bruno seconded the motion and it passed (7-0). There was no public comment. 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 February 20, 2018 - second reading. Moffet moved to approve 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; Bruno seconded the motion and it passed (7-0). There was no public input. 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 Town Council Meeting Minutes of February 20, 2018 Page 8 March 6, 2018 - Page 29 of 163 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. Moffet moved to approve 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; Bruno seconded the motion and it passed (7-0). There were no public comments. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 9 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of February 20, 2018 Page 9 March 6, 2018 - Page 30 of 163 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Letter of Support for the Mountain Pact Recommendation. ATTACHMENTS: Description The Mountain Pact Letter Support The Mountain Pact Background TOWN OF 1 X41 March 6, 2018 - Page 31 of 163 Mountain Past [Town Logos] March 2, 2018 Dear Members of Senate and House of Representatives: As mountain communities that serve as world-class tourism destinations we u like to encourage you to consider the implications of H.R. 4239, the SECURE American Energy' Act on nagement of America's public lands. This bill, along with S. 2319 the ONSHORE ct in the Senate, would transfer control of oil and gas drilling on public lands to states. This action Arid cir vent critical protections for our watersheds, tourist attractions and outdoor recreation assets, along wi lic participation in the use of requirements that currently give our community members and business owners a` nearby public lands. Our communities representing [number of residents] year round resits and [number of visitors annual visitors rely on a healthy, well managed and balanced public lands vtem for continued economic success. Public lands are the most basic infrstructure upon which the outdo r recreation economy depends, and therefore public lands manage nt that does not prioritize a balanced multiple -use mandate would be detrimental to the economic base and vitality of our communities. States are not bound by the Federal Land Policy a Policy Act (NEPA) that requn environmental re mix of activities on public lands. Because of this, unde tens of millions of aces of public lands 1,\ould be exemp endanger the health and saf- of drinking water and the voices like ours that will be m. ' a* - e t of the develo Manent Act and ational Environmental ew process, public co ent period, and a balanced e SECURE and &SHORE Acts, drilling on jfom NEPA *views. Not only would this vironment, but it would also keep public process. Additio How ins oil and gas p y, the expfinancial b en of regulating oil and gas drilling would shift to states. ome states face budget short nd could be unable to perform the necessary regulation and spite of promises to do so. ny states are already facing challenges inspecting their existing Overall, the SE and ONSH outdoor recreation of our public lands. We ves our ou Thank you for your time Sincerely, [List of Town Names] E Acts would be detrimental to public lands activities such as nomies and communities that rely on the shared and balanced use not move forward with this bill. your consideration. March 6, 2018 - Page 32 of 163 4kMountuin Past Public Lands Energy Development February 2018 Secretary Zinke and the Trump Administration have taken steps to eliminate common-sense and balanced protections for our public lands. Over the past year, this Administration has made it clear that they do not plan to manage our public lands under a true multiple use mandate, instead Secretary Zinke is focused on using our public lands for oil, gas, and mineral withdrawal leases. Now, Congress is considering the SECURE American Energy Act and ONSHORE Act, both of which would transfer oil and gas, drilling oversight responsibility to the states allowing them to skirt important environmental safeguards and public comment periods. This, as well as the policies being implemented by Secretary Zinke, do not take into account that public lands are meant to be managed for multiple uses including hunting, fishing, camping, and mountain biking, as well conserving our pristine lands and wildlife for future generations to enjoy. What is the SECURE American Energy Act and the ONSHORE Act? The SECURE American Energy Act (H.R. 4239) in the House and the ONSHORE Act (S. 2319) in the Senate would transfer management of oil and gas drilling on public lands to willing states which would largely cut the public out of the leasing process and would endanger the health and safety of drinking water and the environment. If passed, these bills would assist in advancing the Trump Administration's American "energy dominance" agenda by transferring management of oil and gas development on public lands to willing states. This would shortcut the federal review process as states are not bound by the same environmental protection laws that require public involvement and a balance of activities on public lands and would exempt drilling on tens of millions of acres of public land from reviews under the National Environmental Policy Act (NEPA). Skirting the NEPA process would not only endanger the health and safety of drinking water and the environment, but also keep public voices out of the decisions regarding development on public lands around their communities. The expanded financial burden of regulating oil and gas drilling would also then shift to states. Given that some states face budget shortages and would be unable to adequately perform the necessary regulation. Many states are already facing challenges inspecting their existing oil and gas wells. Overall this Act would be detrimental to public lands and the other activities such as outdoor recreation that rely on the shared use of this land. By putting states in charge, key environmental safeguards and public comment periods will be eliminated or overlooked essentially allowing a public lands giveaway to industry. What are the Trump Administration's Oil and Gas Leasing and Drilling Priorities? The Trump Administration has made it clear that their goal is to greatly expand leasing and drilling on public lands and roll back regulations on energy production -- this approach is tilted wholly in the direction of the oil and gas industry and not the communities that depend on a balance of multi -uses on nearby public lands, including outdoor recreation, watershed protection and tourism. Secretarial Order `11s4 directs BLM to identify ways to streamline the oil and gas leasing process on public lands and to identify ways in which access can be improved to additional parcels for development. BLM has already started to implement this directive, as on January 31, 2018, it announced that NEPA and involving the public would become optional for leasing on public lands. The Administration's focus on "energy dominance" and truncating the leasing process is misguided and will open up public lands that support outdoor recreation activities to unbalanced use and development. March 6, 2018 - Page 33 of 163 4kMountuin Past What is the Royalty Policy Committee? On March 29, 2017, Secretary of the Interior, Ryan Zinke signed the Charter establishing a Royalty Policy Committee (RPC). The RPC is a discretionary committee established under the authority of the Secretary of the DOI and regulated by the Federal Advisory Committee Act (FACA). The purpose of the RPC is to provide the Secretary with recommendations on ensuring that the American taxpayers and communities are getting their "fair share" of the revenues from public lands drilling. The first meeting of the RPC was held in early October where several subcommittees were established. The RPC consists almost entirely of industry interests, calling into question whether the balance of energy production and other uses will persist on national public lands and whether oil and gas companies will be forced to return more of their outsized profits to taxpayers. By utilizing the voices of elected officials from states that see a lot of energy production we can inform this committee of the need to maintain balanced management of our national public lands and modernize the rules governing the distribution of drilling revenues. The next meeting is scheduled to be held at the end of February. What is the BLM Methane Waste Rule? The BLM Methane waste rule was created to implement stricter regulation on the leaking, venting and flaring of methane from oil and gas wells on public and tribal land --a common sense move that would reduce pollution and save taxpayers money. Without the implementation of this rule the natural gas industry wastes $22o million worth of taxpayer owned natural gas each year. However, even after Congress failed to repeal the rule using the Congressional Review Act the Trump Administration announced that they would illegally suspend the rule. While this attempt was shot down by the courts, the Administration has announced its plans to rescind the initial rule, essentially invalidating it through another administrative process. Why does this matter to mountain communities? A unidirectional, energy dominance focus on developing our public lands is harmful to to communities that have come to rely on outdoor recreation, tourism, hunting and fishing and the many other uses of public lands. A focus on energy development not only disregards common sense environmental safeguards, but also puts at risk the $887 billion dollar outdoor recreation economy that bolsters the economies and viability of our mountain communities. Public lands are essential to western mountain communities and their way of life. Mountain communities are uniquely positioned as both high-profile and closely tied to national public land management. We can use this position to actively urge the federal government to engage in conservation and proactive land management, which is an important tool for securing our economic infrastructure, maintaining existing federal environmental protections, and protecting our nation's natural outdoor heritage. March 6, 2018 - Page 34 of 163 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report ATTACHMENTS: Description Town Manager Report 030618 TOWN OF 1 X41 March 6, 2018 - Page 35 of 163 TOWN OF511.) 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - March 6th TOWN COUNCIL MEETING TOPICS • Fire Department Updates • Housing Director Recruitment • IT Updates • Doubletree Opening • Safe Bar Program • Annual Legislative Meeting - CAST • Thanks to Finance Department Fire Department Updates Town Manager's Office 970.479.2106 970.479.2157 fax On Friday, April 16th, I joined the meeting with the A Shift of the Fire Department at Fire Station 2. Topics included emergency response protocol related to smoke and CO alarms (residential and commercial), possible location of data center infrastructure in Fire Station 3, and other various topics. Efforts will continue to have occasional presence at these meetings to establish a healthy working relationship between our hardworking firefighters and the Town Manager's office. A similar meeting occurred with the B Shift on Monday, February 19th. The B Shift is under the leadership of Captain Jake Savona. I will look forward to meeting with the C Shift in the near future. On Thursday, March 8th, the Fire Department will be hosting its annual dinner for the Wounded Warriors Foundation. We are honored to have men and women from all branches of the military here to cap off a week of adaptive skiing and snowboard lessons provided by our partners at the Vail Veterans Program and Vail Resorts. March 6, 2018 - Page 36 of 163 Town Manager's Report Housing Director Recruitment The Director of Housing position was posted for five weeks beginning on January 15th and advertised locally, nationally and on industry specific websites. Applicants were encouraged to apply by February 7th at which time we began reviewing all submissions. The Town received 50 applications for consideration with a very good number of qualified candidates, many of which are working in the Colorado mountain region. We have assembled an internal review panel, and have laid out a review/interview process that will follow, which closely resembles the protocol that we used for the Economic Director recruitment late last year. Specifically, the review panel will be comprised of four staff persons (Aryn Schlichting, Patty McKenny, Kathleen Halloran, and Lynne Campbell), and two Housing Authority members (Steve Lindstrom and Molly Morales). This panel will help narrow the field to the top several candidates who will then be invited to interview in person (or Skype). The interviews should occur within the next two to three weeks. The actual interview process will be bifurcated, with the panel conducting one set of interviews and the Town Manager's Office (accompanied by Krista Miller) conducting simultaneous interviews in a different room. We will all convene at the end of the day and share notes. Stay tuned for the results of this important process. Information Technology Updates Council was previously apprised of efforts by the IT Department, and others, to identify and secure both short-term and long-term options for the data center that is currently housed in Town Hall. For many years, the Town of Vail has been struggling with power and heating/cooling issues at the municipal complex, with somewhat outdated building infrastructure. Additionally, it would be strategically beneficial to have redundancy within the data center system to better enable the Town to operate during periods of power outages and related events. The IT Department is currently exploring these options which include the evaluation of multiple sites, both public and private, beyond that of Town. One possible site, as noted above, includes the Fire Station 3 facility. DoubleTree Hotel Opening The Building Department was able to issue a Temporary Certificate of Occupancy (TCO) to the Doubletree by Hilton Vail on February 16th! This certificate was effective immediately and is contingent upon some outstanding items that still require completion, some of which cannot happen until the spring season. Page 2 March 6, 2018 - Page 37 of 163 That stated, all fire and life safety items have been verified and the hotel can now be partially occupied. There are two outstanding items of note: • The fourth floor of the hotel is not yet approved for occupancy and is effectively locked away from public access. This condition of the TCO should be complete prior to the end of March, 2018; • The kitchen and food service for the hotel is a separate permit and will not be complete until sometime this spring. A big thank you to everyone who helped make this happen, including Chief Building Official CJ Jarecki, and Fire Marshal Mike Vaughan. A note of appreciation is also extended to Mark Hallenbeck with the Rocky Mountain Construction Group for providing special assistance to the developer and construction team throughout this process. Some town staff will be attending a "Sneak Peak" late on Thursday, March 1st Safe Bar Program Vail Police Department hosted a "Safe Bar" meeting for the local restaurant and bar owners this past week. The meeting was very productive and was well attended by local drinking establishments. There were also representatives from the Vail Liquor Authority, the Vail Fire Department, the Deputy Town Clerk, and the Colorado Department of Revenue Liquor Enforcement Division. These stakeholder groups have shown a great deal of support for the Safe Bar program, and the theme of the meeting was "partnerships and education". The bar owners and managers were very engaged and had some great feedback for the group. At the end of the two-hour meeting, the drinking establishments have been made aware that they remain accountable for some of the issues that appear to be occurring, and that resolution of these issues will require the collaborative efforts of all. This type of interactive training and program offering through the VPD creates a higher acknowledgment of individual accountability while instituting better conduits of communication and information sharing. Thanks to all who participated as this will help achieve a more active means of addressing the increase in incidents that have been occurring of late. Town Manager's Report Page 3 March 6, 2018 - Page 38 of 163 CAST Annual Legislative Meeting The annual meeting is quickly approaching, occurring in Denver on March 15th. I will be attending and will take good notes to report back to Council. The agenda is pasted below, evidencing a busy day with presentations by the CDOT Executive Director, an economic update from the Leeds School of Business (CU), a discussion with the State Land Board Executive Director, and some time with Denver Mayor Michael Hancock. The business will be followed, as always, with a dinner involving many of our representative legislators. At this time attendance looks pretty good and we are all looking forward to a productive meeting. o Cd 0 ai SC-CISTL47r CF SKI TOWNS ANNUAL LEGISLATIVE MEETING AGENDA March 15 2018 Denver Location: Denver Ciry t& County Building- 1437 Bannock Sneer, Denver, 80202 Pan -Widener Library Community Room 389 11:30 Lomeli Served — Spa -morn/ dry Cotafrust 12:00 Call to Order and Introductions, CAST President, Dean Brookie 12:09 Approval of January 201& Minutes 12:10 Legislative Update Kevin Bammerr Deputy Direre.r, Colorado Mw icipad League 1:00 Stale of the Staters Transportation Department Miehaef Lewrs, Execeeti ve Drreaturr CDOT 1:30 Economic Update Brun £swoddawsk:; As sociate DirLccvor, mads Se!rod afBmFsmcss 2:15 Break 2:30 Colorado State Land Board Bill Ryan, Ex text r i ve Direerar 3:15 New Boniness -Aspen Mobility Lab Update: Steve Skadron, Aspen -Transportation Working Group Update: Margaret Bowes -Olympic Bid Exploration: Anthony Graves, City of Denver 4:00 Closing Remarks: Mayor Michael B Hancock 4:30 Adjourn Dinner - Maga"iano's, Denver Pavilions, 16' Sneer Miall, Calabria Room 6:00 Cockrails — Sponsored by Stifel 6:45 Dinner Town Manager's Report Page 4 March 6, 2018 - Page 39 of 163 Thanks to the Finance Team Finally, but certainly not least, at the time of this writing we are in the first day of the new Short Term Rental Policy. Preceding this inaugural date has been several months of thorough research, collaborative discussions, and hard work of many people. It has been a wonderful demonstration of the policy process in action at the local level, where there exists an immediate connection between citizens and their government. Special thanks go to those who did the `heavy lifting'. While much work lies ahead, we are grateful to the hard work of the Finance Department, under the leadership of Finance Director Kathleen Halloran. Well done! Town Manager's Report Page 5 March 6, 2018 - Page 40 of 163 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 6, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund 6.1.1 - Consideration of Seibert Memorial Funding Request 6.1.2 - Consideration of Vail Valley Foundation Funding Request for Digital Screen Project at Gerald R. Ford Amphitheater PRESENTER(S): Kathleen Halloran, Finance Director; Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Consideration of Ordinance No. 6, Series of 2018, a budget supplemental request for the 2018 budget. BACKGROUND: see memo. ATTACHMENTS: Description 2018 Supp 1 March 6, 2018 - Page 41 of 163 TOWN OF VAIL: Memorandum TO: Vail Town Council FROM: Finance Department DATE: March 6, 2018 SUBJECT: 2017 Results and 2018 Supplemental Appropriation I. SUMMARY The completion of the 2017 financials sets the stage for this supplemental appropriation of 2018 with the identification of capital projects that span more than one year and need to have funding re -appropriated to the current year. In Tuesday evening's session, you will be asked to approve the first reading of Ordinance No. 6 making supplemental appropriations and adjustments to the 2018 budget. II. DISCUSSION 2017 RESULTS Across all funds, total revenue of $67.1 million was down less than 1% from 2016, mainly due to sales tax collections of $25.6 million, also down less than 1% from 2016. December's lack of snow fall contributed to decreases in lift tax collections, parking structure revenues, and a 4.6% drop in sales tax collections for that month compared to the prior year. Contributing to the year's slowdown in sales tax growth was the impact of delayed openings of both the Hotel Talisa and DoubleTree Hotel. Despite the slow start to the 2017-2018 ski season, the town fared reasonably well due to a strong Easter (March/April sales tax was up a combined 13.5%), as well as increases in summer sales tax collections, with June up 5.5% and July up 7.9% compared to the prior year. Real estate transfer tax collections in 2016 of $6.3 million were down 7.2% from the prior year. RETT collections can vary year to year especially when large commercial properties are sold, such as in 2016 with the ownership transfers of the Vail Cascade and Four Season. Without those large sales, 2017 collections would have been up 30% from prior year. In addition the number of properties sold at a price over $2.5M increased 33.3% from 2016. During 2017 overall construction activity increased from the prior year due to some large projects in town such as Vail Health redevelopment, the Hill Building reconstruction, DoubleTree and Hotel Talisa projects. Construction related fees such as permits and plan check fees were up by 6% from the prior year. Construction Use Tax was down 2.2% from 2016. March 6, 2018 - Page 42 of 163 Lift tax collections of $4.7 million were down 6% from 2016. During most of the year lift tax collections were trending flat with 2016. A combination of fewer lift tickets purchased at the counter as well as discounted holiday pricing and less pass revenue allocated across all of VR's resorts resulted in an overall 30% drop in December's collections. . Parking revenue was also impacted by the lack of snow during both ski seasons within the calendar year. Transportation revenues totaled $4.9 million during 2017, down 6.3% from 2016. Daily parking sales in the parking structures were down 12%, offset by an increase of 18% in pass sales. Pass sales were bolstered by a large purchase by Vail Health due to loss of parking during construction. 2017 net expenditures totaled $75.2 million compared to $110.3 million budgeted. Of the $34.9 million variance, $30.9 million is requested for re -appropriation for capital projects currently underway. The remaining savings of $4.0 million was a result of savings from capital projects ($1.5M), town -wide staffing vacancies ($885K), delay of planning projects ($120K) and reduced general operating expenditures such as supplies, cinders, and professional fees. Overall the town experienced flat revenue growth for 2017, and was able to offset that impact with reduced spending and cost savings from lack of winter conditions. FUNDING REQUESTS Currently the budget supplemental does not include two funding requests. Those requests have been attached for discussion and if either are approved by Council the ordinance may be amended upon first reading, or may be deferred to March 20th at the second reading of the ordinance. The two requests include the Seibert Memorial Project and a capital funding request from the Vail Valley Foundation for the Ford Amphitheater. The Seibert Memorial Project was first proposed to the Art in Public Places Board as a gift to the town, using private donations to fund the artwork. AIPP accepted the proposed donation of the memorial to the town's art collection and agreed to the ongoing maintenance, conservation and insurance of the sculpture. After an unsuccessful effort to raise enough funds, the group proposed that the sculpture be funded by the town. This proposal was included in the 2018 Budget cycle as a Council Contribution with a request to fund the entire project for $330,000. The request was not approved during the budget hearings, but rather was delayed to the spring of 2018 along with inquiries from Council regarding size and scope of the sculpture, appropriateness of the location and a suggestion to fund with a matching grant from the town. In December 2017, town staff discovered that water utilities lie directly underneath the area proposed as a location for this sculpture, and throughout the Slifer Square. With this new information, staff would recommend a different location should this project move forward. Attached for Council's review is the original funding request, however please note that the request has been decreased to a total of $300,000. This does not include installation or site preparation costs the town may incur. Also attached is a chronology document submitted by Roger Tilkemeier as well as a list of individuals who sent emails to Town Council in support of the project. The second funding request is for a capital contribution of $185,000 from the Vail Valley Foundation (VVF) to help fund a large digital screen for the Gerald R. Ford Amphitheater (GRFA). The total cost of the project is $443,000 not including another $60,000 of contingency -2- March 6, 2018 - Page 43 of 163 planning. The original request was presented to Council on February 20th and is attached for your reference. Also attached is a copy of the town's ground lease with the VVF, outlining ownership of the assets. 2017 SUPPLEMENTAL APPROPRIATION The main purpose of this supplemental is to re -appropriate funds for capital projects that were started in 2017 and are continuing into this year, or projects that did not begin as planned. There are also adjustments needed to reflect events or decisions that have occurred since the 2018 budget was finalized. General Fund Staff proposes to decrease budgeted revenues to reflect actual collections in 2017. The original budgets for Lift Tax and Parking revenues will be decreased by $268,400 and $240,100, respectively. The budget adjustment assumes a 5% increase from the 2017 actual revenues collected. Budgeted revenues will also be adjusted by an increase of $35,700 to be offset by corresponding expenditures. This includes a $1,200 state grant from the Colorado Fire Fighter Heart and Cancer Benefits Trust to be used for Fire Department stress and physical fitness testing, a $4,500 state grant to the library for children's books, and a $30,000 state grant for Northwest Incident Management Team to cover emergency management training exercises, supplies, and administrative work performed by the town. General Fund expenditures are proposed to increase by $231,700. This includes $35,700 of expenditures corresponding to reimbursements above. The remaining request for $196,000 includes: • $86,000 Council Contribution increase for the Burton US Open approved December 5, 2017. The total 2018 contribution now totals $490,000. • $110,000 Council Contribution for the Colorado Classic bike race event. Council granted a total of $310,000 for the Colorado Classic, with $110,000 to be contributed from the Town of Vail's General Fund and $200,000 from the Vail Local Marketing District. The above adjustments to the General Fund 2018 budget result an estimated fund balance of $28.0 million by the end of 2018, or 72% of annual revenues. Capital Projects Fund Budgeted revenues will be adjusted by $50,000 to reflect the use of Community Enhancement funds for underground electric lines on the S. Frontage Road between Liftside Condominiums and the Glen Lyon Office Building. Corresponding expenditures are also included in the budget supplemental request. This project was originally approved and scheduled in 2017 but will be completed during 2018. Staff is requesting to supplement 2018 expenditures by a total of $18.3 million, of which $17.9 million represents projects budgeted in 2017 but not yet completed such as repairs to Slifer Square and East Meadow Drive, the Chamonix Vail neighborhood, the Red Sandstone parking structure, guest service enhancement projects, bus replacements, data center relocation, continuation of neighborhood road and bridge reconstruction projects, and final bills for the Sandstone Underpass. - 3 March 6, 2018 - Page 44 of 163 Additional funding requests include the following: • $75,000 for automated ticketing gates at Ford Park to improve Ford Park parking management. • $38,000 for new bus scheduling software. This new software will help to establish more efficient operations by optimizing bus routes and personnel schedules. The new software will also enhance the town's ability to use historical route data for more accuracy and efficiency. • $261,550 transfer to the Housing Fund to purchase the Altair Vail Inn Condominium approved by Council on December 5th. The Vail Reinvestment Authority transfer shows an increase of $1,946,023 to reflect the continuation of 2017 projects funded by the VRA including final bills for the Sandstone Underpass, the Red Sandstone parking structure, improvements to the Dobson plaza, and the heated walkway between the Sandstone Underpass and First Chair employee housing. All of the above adjustments will result in an estimated fund balance of $16.2 million by the end of 2018. Housing Fund Staff is requesting to re -appropriate a total of $4.9 million into the 2018 budget to reflect a continuation of housing initiatives from 2017. This includes: • A carryforward of $500,000 allocated to the INDEED program. • $4,225,000 purchase of 65 deed restrictions at the Solar Vail employee housing development. • $167,499 carryforward balance in the Buy Down Housing program, plus a $261,550 transfer from the Capital Projects Fund for the purchase of a unit at Altair Vail as approved by Council. The above expenditures will result in no estimated remaining fund balance by the end of 2018. Real Estate Transfer Tax (RETT) Fund Budgeted revenues will increase by a total of $223,945 of which $88,945 will to be offset by corresponding expenditures. This includes utilizing $2,098 of unused 2017 Sole Power donations for 2018 program funding, a $39,000 GOCO grant for riparian plants near the Covered Bridge, a $30,000 grant from Colorado Wildlife "Fishing is Fun" grant, a $6,000 grant from the Nature Conservancy for the Intermountain Fuels Reduction project, and $12,000 grant for the town's noxious weed program. Staff is requesting to supplement expenditure by a total of $7.5 million, of which $7.2 million represents projects budgeted in 2017 but not yet completed such as the Open Lands Plan, repairs to the bike path and retaining walls at Dowd Junction, East Vail Interchange improvements, and continued streambank and water quality infrastructure projects. Also included in the re -appropriations is $116,000 for a new softball field shelter that is currently undergoing revaluation of the design. After the evaluation is complete, additional funding will be proposed at a future Council meeting to complete this project. New funding requests include the following: • $34,000 for environmental software ("EMS") as presented to council on February 20th. The $34,000 will utilize a $12,000 placeholder from the 2017 budget for the software plus additional funding of $22,000. - 4 March 6, 2018 - Page 45 of 163 • $2,000 for Local Climate Resolution participation as approved by Council on December 5th • $5,000 for 2018 membership to Rocky Mountain Climate. • $15,000 to renew the town's partnership with the US Forest Service for the noxious weed management program as approved by Council on February 20th. This program will be included in future budgets as a standing arrangement with the USFS. • $110,000 of additional funding for the North Frontage Road recreational bike path reconstruction between Sun Vail and the pedestrian bridge. Already included in the 2018 budget is $125,000. The total estimate for this project is $235,000. • $150,000 to purchase property described as the Moran parcel located in East Vail as identified by the Open Lands Plan and corresponding to the East Vail Interchange project. The property purchase was approved by Council on February 6th Staff is also requesting to shift $75,000 from the Stephen's Park 2018 safety improvements budget to the park capital maintenance budget to be used on a number of parks that have more urgent safety issues such as Pirate Ship Park's "Nest" stairway area, canvas repair at Sunbird Park and railings repair at Buffehr Creek Park. The above adjustments will result in an estimated fund balance of $1.1 million at the end of 2018. Heavy Equipment Fund Staff is requesting to supplement 2018 expenditures by a total of $143,500 to re -appropriate capital assets budgeted in 2017 but not yet purchased. This includes $18,500 for an air compressor and a $125,000 placeholder for the potential buyout of a buried fuel tank and field distribution system. Dispatch Services Fund Staff is requesting to re -appropriate $550,000 for the county -wide Computer Aided Dispatch (CAD) management system upgrade project to be offset by outstanding reimbursements of $364,000 by participating agencies. During 2017, the town was reimbursed $36,000 from participating agencies. The Capital Projects Fund also reimbursed $150,000 for the town's portion. - 5 March 6, 2018 - Page 46 of 163 APPLICATION FOR TOWN OF VAIL FUNDING 1 - NAME OF ORGANIZATION: SEIBERT MONUMENT PROJECT SYMBOLICALLY DEPICTING THE FOUNDING OF VAIL. MONUMENT DETAILS: SEE LAST PAGE • PHOTO • MONUMENT INSCRIPTION • INTRODUCTION 2 - 5 CONTACT PERSON: BILL REY CLAGGETT/REY GALLERY 100 East Meadow Drive #7 Vail Colorado 81657 (970) 476-9350 CELL 970) 376-1727 bill@claggettrey.com ALTERNATE: Roger Tilkemeier Box 3178 674 Hernage Creek Road Eagle, CO 81631 970 446 8117 CeII 505 690 1881 roger.tilkemeier@gmail.com 6 - MEMBERS AND TITLES OF GOVERNING BOARD: ROGER TILKEMEIER, ORIGINATOR COLLABORATING PARTNERS: BILL REY, HERB MIGNERY 7 - AMOUNT OF FUNDS REQUESTED: $330,000. NOTES:• WE HAVE SPENT MORE THAN TWO YEARS WORKING ON THIS PROJECT, RESULTING IN THE ENTHUSIASTIC APPROVAL BY TOV AND AIPP, AS A PROJECT, CONCEIVED BY ROGER TILKEMEIER, THAT NEEDS TO BE DONE TO PERMANENTLY, VISUALLY AND PHYSICALLY RECORD THE HISTORY OF THE FOUNDING OF VAIL. ALL OTHER EFFORTS, TO DATE, HAVE FAILED TO ACCOMPLISH THIS GOAL. March 6, 2018 - Page 47 of 163 WE DID NOT ASK TOV TO FUND THE PROJECT, BECAUSE WE THOUGHT THE COMMUNITY WOULD OVERWHELMINGLY SUPPORT IT FINANCIALLY. THAT HAS NOT BEEN THE CASE. WHILE WE HAVE RAISED APPROXIMATELY $70,000, THE COMMON THREAD OF RESISTANCE HAS BEEN, "THIS IS AN IMPORTANT CIVIC PROJECT THAT SHOULD BE FUNDED BY THE TOWN", FREQUENTLY USING THE FOUNTAIN AND ITS EXPENSIVE MORALES PREDECESSOR, IN SEIBERT CIRCLE, AS EXAMPLES. WHILE WE ARE NOT PROFESSIONAL FUND RAISERS, WE HAVE GIVEN IT OUR BEST EFFORT AND HAVE COME UP SHORT. HOWEVER, AS LONGTIME MEMBERS OF THE COMMUNITY, WE THINK THE PROJECT NEEDS TO BE DONE AND THAT EMOTIONAL FEELING SEEMS TO BE UNIVERSAL IN THE VALLEY. BASED ON BILL REY'S PROFESSIONAL EXPERIENCE IN THE ART WORLD, HE FEELS THAT THE SCULPTURE IS COMPETITIVELY AND REASONABLY PRICED FOR A LIFE-SIZE, COMPLEX MONUMENT OF THIS STATURE AND IMPORTANCE. THIS IS PARTICULARLY TRUE WHEN COMPARED TO THE $115,000 COST OF THE RECENTLY COMPLETED, STEADMAN BUST ONLY, DISPLAYED IN THE HOSPITAL THEREFORE, WE HUMBLY ASK THAT THE AMOUNT OF $330,000, AS REQUESTED, BE APPROVED IN ITS ENTIRETY. SHORT OF THAT, WE HAVE EXHAUSTED OUR RESOURCES, EMOTIONALLY AND OTHERWISE. RELUCTANTLY, WE WILL HAVE TO NOTIFY THE SCULPTOR THAT HIS PRO BONO WORK, SO FAR, HAS BEEN APPRECIATED, BUT THE PROJECT IS NOT FINANCIALLY VIABLE. IT WOULD BE A HUGE AND EMOTIONAL DISAPPOINTMENT, FOR ALL OF US INVOLVED, TO LOSE THIS ONCE IN A LIFETIME OPPORTUNITY. HERB MIGNERY, THE SCULPTOR, HAS POSTPONED HIS RETIREMENT TO ACCOMMODATE US, SO PLEASE CONSIDER THIS REQUEST CAREFULLY. AS IS COMMON IN HIS PROFESSION, HIS LEGAL COPYRIGHT AND OWNERSHIP OF THE CONCEPT WILL CONTINUE IN HIS RETIREMENT. • FOR THE RECORD, YOU MAY BE INTERESTED TO KNOW THAT VAIL RESORTS WAS ASKED TO PARTICIPATE IN THE FUNDING OF THE PROJECT. THEY DECLINED, SAYING, IN ESSENCE, "THE COMPANY HAD DONE ENOUGH FOR VAIL". WE THEN ASKED THE PRINCIPLES IF THEY WOULD CONSIDER MAKING A TOKEN PERSONAL DONATION. THEY DID NOT RESPOND March 6, 2018 - Page 48 of 163 8 - ORGANIZATION FISCAL: YEAR END: DECEMBER 30. 9 - ARE YOUR BOOKS AUDITED: ALL FUNDS ARE HELD BY TOV TREASURER IN RESTRICTED ACCOUNT 10 - CATEGORY OF FUNDING: EDUCATION AND ENRICHMENT. 11- HOW WILL FUNDS BE USED: BY CONTRACTUAL AGREEMENT, BETWEEN TOV AND SCULPTOR HERB MIGNERY OF LOVELAND, COLORADO FOR THE PRODUCTION AND SUPERVISION OF THE INSTALLMENT OF THE MONUMENT. TOV WILL DISBURSE ALL FUNDS IN ACCORDANCE WITH TERMS OF CONTRACT. NOTE: ALL COSTS FOR THIS PROJECT, FROM INCEPTION, ON MAY 7, 2015, THROUGH THIS DATE, HAVE BEEN PAID FOR, PRO BONO, BY ROGER TILKEMEIER, BILL REY AND HERB MIGNERY. 11 - HOW DOES REQUEST SUPPORT ITEM 10 OF THE CONTRIBUTION POLICY: THE MONUMENT, SYMBOLICALLY, VISUALLY AND PHYSICALLY, REPRESENTS THE FOUNDING OF VAIL, INCLUDING THE GORE VALLEY RANCHERS WHO HOMESTEADED THE PRIVATE LANDS UPON WHICH THE RESORT WAS BUILT, WITH PETE SIEBERT SHOWING THE PLANS FOR HIS VISION. THE LOCATION, SELECTED AND APPROVED BY TOV IN SLIFER SQUARE, EN ROUTE FROM THE PARKING STRUCTURE TO THE COVERED BRIDGE, WILL ENSURE MAXIMUM PUBLIC VISIBILITY. NOTE: THE PRODUCTION OF THE MONUMENT HAS A LEAD TIME OF APPROXIMATELY ONE YEAR, THEREFORE, WE PROPOSE THAT THE $70,000 ON DEPOSIT AND COMMITTED FUNDS BE USED TO ALLOW THE WORK TO BEGIN IMMEDIATELY UPON APPROVAL BY TOV WITH PROGRESS PAYMENTS PER CONTRACT. BY COINCIDENCE, ROGER'S 90TH BIRTHDAY IS IN NOVEMBER 2018. 12 - WHO CURRENTLY FUNDS YOUR ORGANIZATION: WE HAVE APPROXIMATELY $70,000, INCLUDING DONATIONS HELD BY TOV IN RESTRICTED ACCOUNT, PLUS FIRM COMMITMENTS, THE LATTER TO BE DEPOSITED WITHIN 10 DAYS OF TOV March 6, 2018 - Page 49 of 163 APPROVAL OF FUNDING. 13 - MISSION STATEMENT: TO PROVIDE A HISTORICAL, LIFE-SIZE, PERMANENT AND HIGHLY VISIBLE, BRONZE MONUMENT, HONORING PETE SEIBERT, THE FOUNDER OF VAIL AND THE GORE VALLEY RANCHERS WHO CAME BEFORE HIM. PAGES 7 & 8 ARE NOT APPLICABLE TO THIS PROJECT MONUMENT DETAILS: SEE NEXT PAGE March 6, 2018 - Page 50 of 163 "PETE'S DREAM" Peter Seibert (1924 - 2002) was the founder of Vail. Pete's dream, since childhood, was to build his own ski resort, which was realized with the opening of Vail in December, 1962. It rose from a sheep pasture along Gore Creek, to become one of the finest ski resorts in the world. The Gore Creek Valley had been homesteaded and settled by sheep and cattle ranchers in the late 1800's. It was a hard, but rewarding lifestyle in a quiet, beautiful mountain valley. Little did they know that their hard work in the development of the ranches' private lands and water rights would be the foundation for the future development of a ski resort. March 6, 2018 - Page 51 of 163 Pete's friend, Earl Eaton, an Eagle County rancher, was an integral part of this adventure; he discovered the mountain. As Pete often said, "If I am the Founder, Earl is the Finder." Pete rallied a handful of dedicated investors, a small group of risk taking entrepreneurs and a cadre of devoted, loyal employees to create the resort. As the Ranchers did earlier, the Vail pioneers scratched and scraped to form a community of emotionally charged people whom developed a distinct culture of their own; The Culture of Vail. Without them and that essential culture, Vail would not exist today! The sculpture was dedicated to Pete and his early colleagues on , 201_ to honor them, for their foresight, energy and determination in creating Vail, as well as to honor the Gore Valley Ranchers who, unknowingly at the time, paved the way for him. The Monument was conceived, and developed by Roger Tilkemeier, who, along with his wife, Jeanne, pioneered the early development of East Vail in 1963. Bill Rey, owner of the Claggett Rey Gallery and sculptor Herb Mignery of Loveland, Colorado were key contributors to the success of this memorial. The Monument was generously funded by and the people of the Vail Valley communities. A Time Before Vail "There was a time before Vail.... A place wild and beautiful. It was called the Gore Valley. People were born, loved, laughed, cried and died there. They carved a hard life out of the mountains and barely left a footprint. They're still here. They roam these mountains.... the men and women of the time before. So when you're out on a moonlit night, or winding down a snowy trail, listen and look. Have your wits about you and they may offer you a glimpse of how it was. You might hear that old sad music in the pines and laughter on the wind." The Book of Lena Judi Elliot Kirby and Luke Gray March 6, 2018 - Page 52 of 163 Introduction Pete Seibert's dream, since childhood, was to establish bis own ski resort, which he did - in spades! My dream is to establish a permanent, public and clearly visible memorial to him and to the ranchers who paved the way for his dream. (see the recently published "Book of Lena") The Title of the proposed memorial is: "Pete's Dream" My name is Roger Tilkemeier. My late wife, Jeanne, and I bought property in East Vail in 1963 and developed a small compound of condominiums on Main Gore Drive. We became an active part of the community even though we were six miles from Vail Village, which was considered a huge distance at that time We always have had a great admiration and respect for Pete and his ambitious plan for the resort, thro=e good times and bad. There were some ownership and management changes, as most of us know, as the resort grew and morphed into a corporation and eventually Pete left the company. However, those of us that were here from the beginning know, that without him, the resort would not exist. It was his ambition, foresight and determination that built the foundation for what is here today. When we recently returned home to Vail, after 13 years in Santa Fe, one of the first things we noticed was that there was no public and clearly visible memorial to Pete. I found this to be a travesty with respect to the importance of his work, which many now seem to take for granted or don't even know about. Also, because of who I am, I have always thought it to be significantly important to remind people of the ranching heritage that was here before the resort took root. My vision of memorializing Pete, and the ranchers who paved the way for him, is a monument of him showing the plans for his dream to a horseback, skeptical, Gore Valley Rancher, thus, symbolically, tying together Pete's work, with the importance of the work the ranchers did before him in homesteading and developing the private land and water rights. Without the private land and water rights, Vail would not exist today. With the invaluable help of Bill Rey and Sculptor, Herb Mignery, we have developed a clay model of the proposed monument so the public can better understand the historical and educational significance of the work. 1 feel strongly that this a project that needs to be done and hope that you enthusiastically agree! Roger x emeier roger. emeier@gmail_com 970 446 8117 505 690 1881 cell For more information and funding opportunities please calk or text Roger Tilkememeier March 6, 2018 - Page 53 of 163 CHRONOLOGY OF HONORING PETE SIEBERT Compiled by Roger Tilkemeier & BILL REY February 16, 2018 MID 1990's In the mid 1990's, when discussions were taking place regarding Seibert Circle, Roger Tilkemeeier approached K. Cherry, member of AIPP, with the idea a monument with Pete showing his plans for the ski resort to a Gore Valley Rancher on horseback. K reported back that the Board preferred a more contemporary remembrance. 1997 In 1997 Warren Miller, Christy Hill, Bill Rey and Pete collaborated with sculptor Herb Mignery on a monument for Seibert Circle, featuring Pete. Final drawings were prepared and submitted to AIPP. AIPP informed them a contract had been signed for the contemporary Moroles sculpture. The hotly debated Moroles Sculpture was installed in 1998 at a cost of $700,000. Pete and a lot of others didn't like it. 2005 In February 2005, the TOV voted to remove the Moroles work, due to public opinion that it was not compatible with the Bavarian character of the Town. There is no news article referencing the cost of removing and re -installing it elsewhere, but it was believed to be substantial. New ideas and designs were solicited and debated, which included a "Fire and Water" fountain. Pete's family didn't like it Bob Parker said this in a letter to the Vail Daily dated August 5, 2005, while the debate was going on: "Now I hope in a most urgent way that the Vail community will find a way to revive, and make significant Seibert Circle, at the upper end of Bridge Street and arguably the "center" of Vail. Too much has been made of Vail's other early pioneers, but anyone who was there in the beginning knows that Pete Seibert was the heart and soul of Vail, and that he, and he particularly, deserves to be memorialized meaningfully by the community All the best from a forever" Vailite to all the real Vail pioneers. Bob Parker Santa Fe, N.M." 2006 In October 2006, after months of debate, TOV approved the Las Vegas, Belagio style, "Fire and Water Fountain". The contacted cost was, according to Vail Daily'$672,000, with funds contributed as follows: TOV $350,000; Vail Resorts $200,000; Ron Riley Private Fund Raising $122,000. Completion date estimated to be July. 2007. 2009 The fountain was dedicated in January 2009, with a final cost of $1,700,000, as reported in The Vail Daily, including expenses for completing the streetscape for the Circle. This brings the total cost of "remembering Pete", without his image, to $2,400,000, including the cost of Moroles. It does not include eight years of ongoing operating and maintenance expenses, which are bound to increase as the fountain ages. March 6, 2018 - Page 54 of 163 2013 After a 13 year hiatus in Santa Fe, Roger's late wife, Jeanne, and he returned home to Vail in April of 2013, their previous home for 37 years. While Pete had died in 2002, they noticed, while walking through town , that 11 years later there was still no significant public recognition of him or the founding of Vail. They talked about reviving my 1990's idea of a monument, however, with her untimely passing in 2014. those thoughts got sidetracked. 2015 In May of 2015, in a casual conversation with my long time friend, Bill Rey former AIPP Board Member and owner of Claggett/Rey Gallery, I described my idea of honoring Pete. His immediate reaction was to pick up the phone and call his sculptor friend, Herb Mignery. Herb had known Pete over the years and asked us to come to Loveland to talk further. Herb loved the concept and within a few days produced a sketch, from memory, based on our lunch conversation. Amazingly, he nailed on his first try. On August 1, a surprisingly short 2 months, the sketch turned into a completed scale model in clay, ready ready for the foundry, without us asking and at no cost to us - a strong indication of Herb's interest and passion for the monument. March 6, 2018 - Page 55 of 163 2016 On July 16, the sculpture was unanimously and enthusiastically approved by AIPP, with an artists estimated cost of $350,000, to be raised privately. The Board emphasized the importance of quality of the work for this educational and historic project. On August 14 the sculpture project was presented to the TOV Council by Roger and Bill. We did not ask for money as we thought funding would be a slam-dunk, in spite of Shieka Gramshammer's warning ; "There are 200 non profits in the Valley now and you will never raise the money!!!" We thought we knew better. The response from Council was an instantaneous, enthusiastic and unanimous approval - comments were, "It's about time - thank you for bring this to us, etc. Public Works and the Town Managers office, with the help of AIPP, Molly Eppard, spent almost three months of intensive study in determining a politically and physically acceptable location for the sculpture. The final approved location is in Slifer Square as you approach The 10th Mountain Sculpture and The Covered Bridge, giving the educational and historic monument maximum public exposure. During this time PR and fund raising brochures were developed for distribution. In December fund raising was launched at The Claggett/Rey Annual Gala. The event was a roaring PR success with hundreds of approving comments, similar to reaction of TOV and AIPP. There were no negative comments! The Daily covered the event with a two page glowing story with color photos. However, it failed as a fund-raiser - - an eye opener for things to come! 2017 Although the Valley publications were generous with positive news stories, we learned quickly that it takes big money to raise big money - - we simply didn't have it; nor were we aware of the AIPP provision for applying for a fund raising grant . The established non -profits were out in force including the well- greased hospital funding machine. Moral of the story - listen closely to Sheika. We did learn from locals and the hundreds of people that attended the Pioneer Reunion that most of them felt this was a historic civic project that should be funded by the ski company and the TOV, using the costly Seibert Circle adventure as an example. While the ski company did not use this as a reason for not participating, they may well have thought their $200,000, 2005 contribution was enough. In July, as it became obvious that we were not going to be able to privately raise the funds to complete the approved project, we asked TOV for advice. It was suggested that we apply for Town of Vail Funding. We filed our application under the "Education and Enrichment Category" on or about July 28. On October 10 our application was considered for funding in the TOV 2018 Budget. The motion to approve was defeated by a margin of 4 to 3 with Chapin, Bruno and Langmaid in favor. On October 17, Roger sent a detailed letter to the Council asking "Nay" voters to consider changing their vote with the reasons why. There was no response. March 6, 2018 - Page 56 of 163 On October 21 the application was not on the agenda for the second reading of the 2018 Budget because a straw vote taken by the Mayor indicated that none of the 'nay' voters would change their minds. At Bob Parker's memorial, Vail Resort's Executive Chris Jarnot had this to say a about the importance of remembering the founders of Vail: "I'm biased, but I believe the story of Vail, and the people that founded It, will be one of the truly extraordinary stories in the history of American business." 2018 On January 19th Roger sent a Bon Voyage message to all members of Council wishing them well on their journey to Japan, with a reminder that the Seibert project was still of great concern to Bill, Herb and him. I have no idea of the detail of the meetings in Japan, but in my imagination, I assumed that there would be many questions about Vail; how it came to be -- the who -- the how - - the time - - etc. Not much has been reported on the trip, but my biased imagination told me that many of these questions could be answered by simply showing them a photo of the sculpture and the inscription, describing the founding of Vail. My guess is that they would remember the cowboy as much than anything! After the original request for funding was rejected, we were told that the Council would consider the funding under the Supplemental Budget Process in March of 2018. On February 15, TOV Finance Director Kathleen Halloran informed us that Council would consider the Siebert Project for funding under Supplemental Budget at the regular Council meeting, Tuesday, March 6, 2018. She said the original application would suffice if their weren't any changes. The original, application for funding has not changed except that Bill and Herb, in good faith, and to show Herb's sincere interest in getting the project completed, the cost would be reduced from the original $350,000 to $300,000. Regarding the location in Slifer Square, it was approved by the Town Manager and the Director of Public Works after almost 3 months of intensive study. (See Year 2016 Paragraph 3 above) It should be noted that the base of the sculpture will designed so it can be moved or temporarily stored off site with a small crane; this to accommodate any renovation or underground work that may be scheduled for Slifer Square. The sculptor feels strongly that the size of the monument is appropriate for the scale of Slifer Square, considering elements of the site, such as the oversized 10th Mountain sculpture. Because of the detail of the sculpture, reducing the size would not materially reduce the cost. Also, a life-size historic sculpture resonates better with life-size people. Based on these observations, he may elect not to do a smaller size. The timeliness for the approval of funding this project critical, remembering that Herb is 80 years old, retired and has sold his studio. Because of his personal relationship with Pete, he has made arrangements to rent a studio to get this done and is anxious to get started. It has been 20 years since anyone has suggested using Pete Seibert as the focal point for remembering Pete Seibert. (not a typo) That has now changed with the introduction of this project. Since then, none of those that voted against have presented any ideas to replace the one before us now. They have just said "NO". It has been four months since the vote, with some reportedly wanting more details and information about the project. We have had no questions from them. We are waiting! Some say generational concerns indicate that if remembering Pete does not take place now it never will. March 6, 2018 - Page 57 of 163 Also, if you were lucky enough to be here during John Dobson's reign of humor, you will remember that there was no one clamoring for a covered bridge. It was his idea and he saw to it that it got done. What would Vail be without our Covered Bridge? In the final analysis, as our elected leaders, perhaps you should be playing the role of John Dobson, asking people like Bill and me for help in convincing the public that this is the right thing thing to do!!! What would Vail be 50 years from now, without remembering its Founder? With great respect and appreciation for the volunteer time and effort you spend to keep this community going, Roger & Bill March 6, 2018 - Page 58 of 163 List of citizen emails sent to Town Council in support of the Seibert Memorial: 1 Eby Family 2 Henry Pratt 3 Rick Sackbauer 4 Kirsten Dobroth 5 Kent Rose 6 Martha Beery Milbery 7 Vern Tator 8 Kent Erickson 9 Juli Young 10 Tim Tenney 11 Sue Rychel 12 Carolyn Pope 13 Jim Himmes 14 Shannon Adnerson 15 Darlene Daugherty 16 Neal Groff 17 George Lengvari 18 Steven Rose, MD 19 Dave Climax 20 Walter Lamkin 21 Bill & Sara Fisher 22 Bradley Tjossem 23 Sarah Steffensen 24 Janice Bauer 25 Carroll Tyler March 6, 2018 - Page 59 of 163 26 Fonia Humphries 27 Allison Kennell 28 Phil Hobbie 29 Will Comerford March 6, 2018 - Page 60 of 163 From: Mike Imhof [mailto:mimhof@vvf.org] Sent: Saturday, February 24, 2018 12:05 PM To: Dave Chapin; Kim Langmaid; Jenn Bruno; Travis Coggin; Jennifer Mason; Kevin Foley; Greg Moffet Cc: Greg Clifton; Mia Vlaar; Patty McKenny Subject: Additional Information - GRFA Digital Screen Project Dear Mayor Chapin, Dear Vail Town Council, I hope you are all having a great weekend. I wanted to provide some additional information regarding our Digital Screen project that came up at your last Council meeting on February 20. There was a question raised about the useable life of the screen itself as well as technology advancements in the future. ✓ We are using a 5mm LED product which is a very robust LED tile. ✓ Our capital purchase will include 15%+ of spare parts which include several replacement modules, LED chips and power supplies. This will allow easy and no cost general maintenance over the years as normal wear and tear occurs. ✓ Normal life expectancy of a screen like the one we will purchase is 50,000 hours to half-life. That means that the LED's will be 50% of their maximum brightness when use reaches 50,000 hours. At 50,000 hours, the rated new LED tile, with a 6000 NIT brightness after 50,000 hours, will be 3000 NITS. 3000 NITS is still a usable brightness at night but it could become an issue in direct sunlight. To put into context how long 50,000 hours is, if we use the screen 150 times per year at 10 hours of use each time, we reach our half-life at 33 years of use. ✓ LED technology is the way to go these days and is replacing the older technology of large format LCD monitors or projection. ✓ Although technology can surprise us, all experts we have consulted during this project say there is nothing in the next 7 years that would be a technology that would make our LED screen obsolete. The Town Of Vail and VVF lease structure and ownership was also brought up at Council meeting. ✓ I believe Matt Mire will be speaking with you again on this topic before March 6. ✓ VVF and TOV have been working together under a GRFA lease agreement for over thirty years. ✓ The current lease contract goes through May 31, 2038 at which point VVF has an extension option, at VVF discretion, to extend lease through May 31, 2048. ✓ The land is owned by Town Of Vail. ✓ The facility is owned by VVF. ✓ For whatever reason(s), should the lease agreement terminate before the end of the lease Term or should VVF not extend the lease in 2038 or beyond 2048, the GRFA facility asset reverts to the Town Of Vail. ✓ The VVF has never placed a lien on the GRFA. ✓ Approximately 15 years ago, there was a collateralization of the lease by VVF with US Bank which was approved in writing by Town Of Vail. Thank you again for all you have done and continue to do in support of the Vail Valley Foundation and Ford Amphitheater. Please feel free to call or email with any questions and I look forward to seeing you all again on March 6. Best Regards, Mike March 6, 2018 - Page 61 of 163 VAIL VALLEY FOUNDATION March 6, 2018 - Page 62 of 163 Single Screen As Proposed By Creative Technologies M 22 11 5'8 To 7 ' February 20, 2018 - Page 50 of 104 March 6, 2018 - Page 63 of 163 140 Degree Viewing Angle March 6, 2018 - Page 64 of 163 ✓ Substantial venue enhancement and improved lawn experience ✓ Allows for expanded, dynamic programming ✓ Live i d, ' to global audienc a ✓ Increased attendance ✓ Recognition of our generous donors and partners March 6, 2018 - Page 65 of 163 Abelj1. DIGITAL SCREEN UPDATE GERALD R. FORD = Ani phitherate r - l-' 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 March 6, 2018 - Page 66 of 163 AMENDMENT TO LEASE is AMEND NT TO LEASE (the "Amendment") is made and entered into on the S day of Q.1 , 2016 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the "Town"), and the VAIL VALLEY FOUNDATION (the "Foundation"), a Colorado nonprofit corporation (each individually a "Party" and collectively the "Parties"). WHEREAS, on August 18, 2000, the Town and the Foundation entered into a lease (the "Lease") for certain areas within Ford Park (the "Leased Premises"); WHEREAS, on July 1, 2007, the Lease term was extended to May 31, 2038; WHEREAS, significant capital improvements were added to the Leased Premises in 2014; WHEREAS, certain adjustments and corrections need to be made to the boundaries of the Leased Premises; and WHEREAS, the Parties desire to amend the Lease pursuant to Section 21 of the Lease. NOW THEREFORE, in consideration of the mutual promises contained herein, the adequacy of which is hereby recognized, the Parties agree as follows: 1. Exhibit A-1, attached hereto and incorporated herein by this reference, shall replace the Exhibit A originally attached to the Lease. 2. Section 19 of the Lease is deleted in its entirety and replaced with the following new Section 19: 19, General Maintenance. The Town and the Foundation shall be responsible for general maintenance of Ford Park as set forth in Exhibit B-1, attached hereto and incorporated herein by this reference. General maintenance shall include without limitation the following: A) Interior Maintenance: Ensuring all lights and doors are operating properly and repairing the same in a prompt manner, including replacing all light bulbs. ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at a minimum on a yearly basis. Painting the interior of the building as needed, ensuring that any scratches or dents in the paint or walls are properly repaired. 1 41711016 11 VWS-STORAGE1OESKTOPS$1TNAGEL 1DESKTOPWVF LEASE AME1YD-A021116.DOCX March 6, 2018 - Page 67 of 163 iv. Repairing and maintaining floors and shampooing any carpets as needed and repairing and cleaning any marks in a prompt manner. v. Ensuring that all bathroom facilities are operating properly and repairing the same in a prompt manner. vi. Providing janitorial service for regular and consistent cleaning of the facility, including daily or hourly services as needed. If public restrooms are a service being provided, ensuring the restrooms are properly stacked with the necessary supplies. viii. Ensuring proper and regular trash disposal within the facility and trash removal from the facility. 8) Exterior Maintenance: Regularly maintaining and planting shrubs and perennial and annual flowers to prevent an unkempt appearance created by overgrown plant growth or invasive weeds, including general trimming of shrubs and ground cover to maintain a natural, characteristic shape. ii. Mowing grass regularly and at a frequency as to not remove more than 1/3 length of grass blades. Maintaining lawn grass at 2" in height or less, other than native grasses, which shall not exceed 36' in height. iv, Watering and fertilizing lawns and garden areas appropriately to prevent browning of grass and plants. v. Keeping lawns and garden areas neat and free of weeds. vi. Removing grass clippings from streets and sidewalks after mowing. vii. Edging grass periodically, and at least monthly during the growing season, to maintain a clean, trimmed edge. viii. Pruning trees to remove dead limbs and suckers, to maintain the general natural shape characteristic of the species, and to remove limbs that endanger property (i.e. fences, buildings), ix. Trimming tree branches over sidewalks to at least 10' in height. x. Replacing and repairing turf as needed. 2 4/712016 II VANS-STORAGEIDESKTOPS$lTNAGELIDESKTOPI WF LEASE AMEND-A021115.DOGX March 6, 2018 - Page 68 of 163 xi. Clearing sidewalks of debris and snow within each Leased Premises as set forth in Exhibit A-1 as necessary. xii. Maintaining irrigation systems year round, including winterization and blowing out of systems prior to freezing temperatures. xiii. Washing exterior surfaces as required. xiv. Repairing and repainting exterior painted surfaces as needed, ensuring that any scratches or dents in the paint or walls are properly repaired. xv. Maintaining and inspecting fences and gates regularly and ensuring fences and gates are closed. xvi. Performing litter patrol on a daily basis. xvii. Using best management practices to ensure that all exterior maintenance activities have a minimal impact on the Gore Creek ecosystem. C) Areas of Joint Responsibility. At the time of execution of this Amendment, the Town leases other portions of Ford Park to third parties, Vail Recreation District and Betty Ford Alpine Gardens. The Foundation shall share in the responsibility for maintaining the following area in accordance with this Amendment with those third parties: the Trash Building, as shown on Exhibit A•1. A new Section 28 is added to the Lease, to read as follows: 28. Capital Maintenance Responsibilities. The Town and the Lessee Parties shall be responsible for capital maintenance of Ford Park as set forth in Exhibit 13-1. Capital maintenance is performed to extend the useful life of assets or replace assets, at intervals other than annually, and is of a significant value, including without limitation the following: A) Interior Capital Maintenance: system and system component and equipment replacements including mechanical, electrical, lighting, security and elevators; flooring replacement; replacement of structural components; and remodels of bathrooms, kitchens and locker rooms. 8) Exterior Capital Maintenance: roof replacement; window replacement; and replacement of walkways, bridges and parking tots. 4. A new Section 29 is added to the Lease, to read as follows: 29. Conditional Use Permits and Rules. The Foundation's use of the Leased Premises shall comply with the terms of any conditional use permit ('CUP") 3 4Th2016 IIVWS-STORA GEIAESKTOPS$WTNAGELWDE$KTOPWVF LEASE AMEND-A021116.DOCX March 6, 2018 - Page 69 of 163 approved by the Town for the Leased Premises, as well as any rules adopted by the Town governing the use of the Leased Premises and the Vail Town Code. If there is a conflict between a CUP and this Lease, the CUP shall control. 5. 1f there is a conflict between the Lease and this Amendment, this Amendment shall control. 6. All provisions of the Lease not expressly amended in this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Town and the Foundation have executed this Amendment as of the date first set forth above. TOW VAIL: Stan mler, Town Manager 4 4/7,2016 I VWS-S TOIZ4GEtDESKTOPS B{ TNA GEL IDESKTOPWVF LEASE AMEND -A02111 B. DOCJC March 6, 2018 - Page 70 of 163 v8 = rrr.. w...1.reeq 1•72I.111334 a N>' Pl.. 111,111.0. .i.• -T. as w14 CAUL} Har. ' n JO 14.I1. WW1 .eNsiSICI MILVIVUIN 144 [.Wd MOIYY✓GJ O111.A t.. 1.]Y..] H3ovY7 ')A(,. G.O. Au3I Mall ¶,fl C .* s rrn ani vim • - [aroZf xypootu NLnoSj OL -nN AYM F'J!H ity.ts it March 6, 2018 - Page 71 of 163 ✓E 4y ti rri "1 > rin - -12 00 x i- DFT-; o Dr>^ ri AM (OW) HlYe 13.1115.0 CUV-S1 l3tl -WA (OVA) H1Vd N30W0 31.71V 019f 11130 (opy) NlOd 1Yh J0 .0Q1 {UM) 131tl150 '. 1T3a]3tl 101 (JM) M0Lt OH110J 13110 W0 {'JTJB) .1364o0 3.ed W tltlOi • u38 Coos) -.WA .0 1001 TA d0OM 103 0wv we 3011141 tiv0 .. d., 4.3. • • �_ W InY.M...t•1s �� (01'08 37VINOkU Faros) 8L '°N AVMF10I1-1 31V15e1HI 04 .0 3:4.1.44. e..WWI NC March 6, 2018 - Page 72 of 163 Exhibit 8-1 Building/Improvement Capital Exterior Maintenance Tennis Center West Restroom West Maintenance Sports Central Trash Building Athletic Field Restroom Building School House Nature Center Building Root Cellar Historic Cottage BFAG Bridges BFAG Ponds and Fountains Tennis Courts Amphitheater Amphitheater Courtyard BFAG Education Center TOV TOV TOV TOV TOV rov TOV TOV TOV TOV BFAG BFAG TOV VVF VVF BFAG Capital Interior Maintenance Exterior Maintenance VRD VRD TOV TOV VRD/BFAG VRD/BFAG VRD VRD VVF VVF VRD VRD BFAG BFAG VRD VRD VRD VRD VRD VRD BFAG BFAG BFAG BFAG VRD VRD VVF VVF VVF VVF BFAG BFAG TOV TOV TOV TOV TOV TOV TOV TOV TOV TOV BFAG BFAG TOV VVF VVF BFAG March 6, 2018 - Page 73 of 163 2017 Amended TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND (Unaudited) 2017 Actual Variance Fav/(unfav) 2018 Original Budget 1st Supplemental 2018 Amended Revenue Local Taxes: $ Sales Tax Split b/t Gen'I Fund & Capital Fund Sales Tax Property and Ownership Lift Tax Franchise Fees, Penalties, and Other Taxes Licenses & Permits Intergovernmental Revenue Transportation Centers Charges for Services Fines & Forfeitures Earnings on Investments Rental Revenue Misc Total Revenue Expenditures Salaries Benefits Subtotal Compensation and Benefits Contributions and Special Events All Other Operating Expenses Heavy Equipment Operating Charges Heavy Equipment Replacement Charges Dispatch Services Total Expenditures % increase vs. prior year Revenue Over (Under) Expenditures Planning Projects Civic Area/Dobson Master Plan West Vail Master Plan Revenue Net of Transfers & New Programs Beginning Fund Balance Ending Fund Balance As % of Annual Revenue 25,535,000 $ 25,591,483 $ 56,483 62/38 60/40 15,831,700 4,891,307 4,964,400 1,115,065 1,623,098 2,341,146 5,155,000 1,028,870 249,171 120,000 1,068,838 195,253 38,583,848 15,831,700 4,940,193 4,708,765 1,108,497 1,775,012 2,262,556 4,902,756 961,364 258,095 191,110 1,029, 522 242,900 38,212,470 48,886 (255,635) (6,568) 151,914 $ 26,146,000 62/38 16,149,000 5,300,000 5,212,600 1,151,137 1,747, 787 (78,590) 1,980,972 (252,244) (67,506) 8,924 71,110 (39,316) 47,647 (371,378) 18,149,541 6,235,462 24,385,003 17,362,556 6,235,462 23,598,018 2,184,493 7,999,188 2,332,180 668,654 663,307 38,232,825 2,157, 039 6,981,148 2,254,344 676,259 659,571 36,326,379 5,388,000 922,264 254,156 131,000 1,064,138 180,000 39,481,054 3.3% 786,985 18,794,352 6,767,047 786,985 25,561,399 5.9% 27,454 2,075,093 1,018,040 77,836 (7,605) 3,736 1,906,446 8,048,059 2,385,076 725,926 659,608 39,455,161 4.2% $ 26,146,000 62/38 16,149,000 5,300,000 (268,400) 4,944,200 Reduce 2018 budget based on 2017 actuals 1,151,137 1,747, 787 35,700 2,016,672 (240,100) 5,147,900 922,264 254,156 131,000 1,064,138 180,000 (472,800) 39,008,254 State Grant from Colorado Fire Fighter Heart and Cancer Benefits Trust to offset expense for fire stress/fitness testing ($1.2K); Children of the library state grant ($4.5K)- See corresponding expenses below Reduce 2018 budget based on 2017 actuals 9,000 18,803,352 $9K for staff to perform administrative work for NWIMT 1,000 6,768,047 $1K for staff to perform administrative work for NWIMT 10,000 25,571,399 196,000 2,271,093 25,700 8,073,759 2,385,076 725,926 659,608 231,700 39,686,861 351,023 1,886,091 1,535,068 25,893 (678,607) (125,000) (350,000) (125,000) (350,000) 351,023 27,300,260 $ 27,651,283 $ 1,886,091 27,300,260 29,186,351 1,535,068 (449,107) 27,651,283 1,532,378 $ 27,202,176 $ Additional funding for Burton US Open ($86K); Colorado Classic ($110K) Fire stress and fitness testing ($1.2K)- See reimbursement above; Children's books ($4.5K)- See reimbursement above; Northwest Incident Management Team exersises, and supplies ($20K)- See reimbursement above (1,153,607) 29,186,351 Increase of $1.5 million to fund balance from savings 28,032,744 72% 76% 1 69% 72% March 6, 2018 - Page 74 of 163 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND New Project Requests (Unaudited) 2017 2017 Variance 2018 1st 2018 Amended Actual (Fav/Unfav) Budget Supplemental Amended Revenue 2.0% Total Sales Tax Revenue: $ 25,535,000 $ 25,591,483 $ 56,483 $ 26,046,000 $ 26,046,000 2018 at 2% increase from 2017 projected (1% decrease from 2016 actuals) Sales Tax Split between General Fund & Capital Fund 62/38 62/38 Sales Tax - Capital Projects Fund $ 9,703,300 $ 10,317,750 $ 614,450 $ 9,897,000 $ 9,897,000 Use Tax 1,545,000 1,751,409 206,409 1,975,900 1,975,900 2018 at 2% increase from 2017 amended; plus estimates for Mountain View Construction Fees 455,000 252,771 (202,229) - - Federal Grant Revenue - 60,293 60,293 - - 2015-2016: Bridges at Nugget Lane and Bridge Rd Other County Revenue 260,305 - (260,305) - - Other State Revenue 710,048 3,402 (706,646) - - Bus Grant awarded from CDOT Lease Revenue 159,135 159,135 - 159,135 159,135 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K) Sales of Chamonix Housing Development Units - - 16,742,000 16,742,000 Sale of Chamonix Housing Units Project Reimbursement 1,676,971 256,228 (1,420,743) 5,843,802 50,000 5,893,802 $50K Use of Holy Cross Community Enhancement Funds to offset project to bury electric lines from Liftside to Glen Lyon Office Building- see corresponding expense below; 2018: Red Sandstone parking structure reimbursement with $4.3M from Vail Resorts and $1.5M from Eagle County School District; Timber Ridge Loan repayment 491,752 361,769 (129,983) 489,419 489,419 $28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge Fund Earnings on Investments and Other 113,588 341,320 227,732 38,723 38,723 0.7% rate assumed on available fund balance Total Revenue 15,115,099 13,504,078 (1,611,021) 35,145,979 50,000 35,195,979 Expenditures Maintain Town Assets Bus Shelters 90,612 1,787 88,825 30,000 88,825 118,825 Re -appropriate for Annual bus shelter maintenance; 3 bus shelters are currently being evaluted Parking Structures 846,826 441,110 405,716 695,000 695,000 2018: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs; 2017: Includes completion of VTRC elevator upgrades Welcome Center Maintenance 250,000 250,000 2018: Furniture replacement for Lionshead Welcome Center- current furniture has reached it's 5 year life. This includes paint and built in desks ect; Children's Garden of Learning- Boiler Replacement - - - 12,800 12,800 Proposed Council Contribution for boiler replacement Traffic Impact Fee and Transportation Master Plan Updates 61,236 27,754 33,482 200,000 33,482 233,482 Re -appropriate $33.5K for continuation of an master transportation update; 2018: a 20 -year Transportation Master Plan to coincide with West Vail Master Plan. This was last done 2005-2009. Neighborhood Bridge Repair 689,134 - 689,134 - 689,134 689,134 Re -appropriate for Kinnickinnick (West) Bridge Repair, West Forest Bridge Repair; Scheduled for 2019 Facilities Capital Maintenance 636,805 616,072 20,733 476,000 476,000 Various repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc.), and mechanical equipment (boilers, air handlers, etc.). 2017: Includes updated to Town Manager residence; Community Development Conference room furniture ($18K), remodel of lockers and restroom at Vail Transit Center ($100K) and roof for PD building (pending municipal renovation) ($100K) Donovan Park Pavilion 10,000 - 10,000 5,000 10,000 15,000 Re -appropriate for annual maintenance; Annual $5K Maintenance Street Light Improvements 115,257 18,200 97,057 50,000 97,057 147,057 Re -appropriate for annual maintenance to street lights; 2018: $50K LED light enhancements Capital Street Maintenance 1,244,925 1,209,415 35,510 1,220,000 - 1,220,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; Town -wide camera system 70,000 - 70,000 70,000 70,000 140,000 Re -appropriate to replace Bosch system(30 cameras) originally scheduled in 2017; $70K each year until 2019; 2016 included $22K for replacement of cameras and equipment; Recorders cost $7-8K each; cameras range from $800 - $3,800 each Audio -Visual capital maintenance 69,000 41,608 27,392 18,000 18,000 Audio visual, phone and IT equipment for an EOC at the West Vail Fire Station Document Imaging 43,000 28,683 14,317 30,000 30,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers. 2017: $22K for 25 Laserfiche licenses, $21K for annual maintenance Software Licensing 56,000 45,759 10,241 217,000 217,000 2018:Upgrade Microsoft products on all equipment to continue until 2019; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products; 2018: Includes Virtual Desktop terminal services replacement and $75K for Asset Management software *placeholder* Police Equipment 10,395 10,395 26,100 26,100 2017: PeACEq training mgmt. software to track training and employee evaluations; 2018: Replace existing headsets, vests, and helmets for 6 SOU members ($20.5K), Upgrade mass casualty supplies in patrol cars ($5.6K) 2 March 6, 2018 - Page 75 of 163 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND New Project Requests (Unaudited) 2017 2017 Variance 2018 1st 2018 Amended Actual (Fav/Unfav) Budget Supplemental Amended Hardware Purchases 175,000 172,471 2,529 150,000 150,000 2017: $120K PC and laptop replacements (150-175 total); $55K Omnicube at Fire Station3; Scheduled rotation of PCs, printers and servers; 2018: Replacement of 50 workstations Data Center (Computer Rooms) 894,036 894,036 15,000 894,036 909,036 Re -appropriate for possible relocation of data center; This includes remodel / retrofit of upper and lower computer rooms ( power, heating / cooling, fire suppression). Possible relocation into a combined room offsite is being explored. Website and e-commerce 12,000 6,403 5,597 12,000 12,000 Internet security & application interfaces; website maintenance; includes $550/month for web hosting svcs Fiber Optics / Cabling Systems in Buildings 15,000 12,825 2,175 62,000 62,000 2017/2018: Repair, maintain & upgrade cabling/network Infrastructure; 2018: Install fiber optics from data center to CenturyLink Network upgrades 30,000 25,953 4,047 30,000 30,000 Computer network systems - replacement cycle every 3-5 years Phone System 82,855 46,051 36,804 52,000 25,220 77,220 Re -appropriate for continuation of IPO Phone system replacement ($25.2K); normal replacement of (pads, (phones $20K; 2018: phone system; replacement of phones, headsets Business Systems Replacement 297,825 27,125 270,700 - 308,700 Re -appropriate for $1.3K for final bills for financial statement module, $160K for sales tax software, $90K STR software; $19K for Com Dev project Docs software; $38K new bus scheduling software (approx. operating costs is $20/yr.) Public Safety System 100,000 76,232 23,768 74,000 23,768 97,768 Annual capital maintenance of "County -wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; Re -appropriate for Fire and police mobile data computer replacement ($24K) Transit Center Generator 27,662 14,564 13,099 Replacement of generator at the Vail Village transit center; includes testing and connecting elevator to generator service. Extrication Equipment - - - 100,000 100,000 To purchase updated extrication equipment that will work with newer and more advanced vehicles Generator for East Vail Fire Station 10,290 - 10,290 - - Replacement outdated generator at Station 1 RHMAEC trailer (TOV's portion) 60,000 60,000 TOV's portion of a RHMAEC(Regional Hazardous Association of Eagle County)- Eagle county is putting $120K towards this vehicle. In return for TOV's higher contribution yearly RHMAEC fees will be credited. Portable vehicle lift 15,658 - 15,658 - - Replacement lift to service vehicles in fleet; current lift is 30 years old Fire engine equipment 50,000 50,000 To purchase the necessary fire engine equipment to fully equip 4th fire engine; this will allow this vehicle to be used when other engines our being repaired or in an emergency Vehicle Expansion 746,500 687,536 58,964 265,000 265,000 2017: Snowplow ($210K), Loader with plow($290K) , sweeper broom for loader ($25K); 2016:4 flatbed pick up trucks for Streets crews, Electricians, Irrigation crew, and Wildland Fire, Truck with end dump loader($210) ; 2018: Snow Blower ($200K), Landscape architect truck ($30K), Drug Task Force vehicle ($35K) Total Maintenance 6,350,016 3,509,942 2,840,074 4,169,900 2,240,222 6,410,122 Enhancement of Town Assets Guest Services Enhancements/Wayfinding 956,114 308,430 647,684 - 647,684 647,684 Continuation of Guest Service / Wayfinding enhancements outside of VRA district East Vail Fire Station 838,228 571,925 266,303 - - Renovation of East Vail fire station (Final bill payment in 2016) Lionshead Express Bus Stop Improvements (VRA) - - - 400,000 400,000 Improvements to Lionshead Express Bus stop to allow for West bound stop and turnaround Vail Spa Heated Walk (VRA) - - - 250,000 250,000 Connect the Lion with Vail Spa via heated sidewalks; $44K reimbursement from the Lion Energy Enhancements 92,900 5,001 87,899 - 87,899 87,899 Re -appropriate to upgrade Holy Cross transformers and services for more electric charging stations Vail Memorial Park 50,000 50,000 - - - Council Contribution for Phase II at Vail Memorial Park East Lionshead Circle Vantage Point Walk (VRA) 185,000 159,811 25,189 - - Improvements to Vantage Point walkway as requested by Vantage Point Heated walkway between underpass and Frist chair (VRA) 287,500 6,069 281,432 - 281,432 281,432 Re -appropriate to be completed in conjunction with RSES parking structure Pedestrian Safety Enhancements 349,876 348,453 1,424 1,500,000 1,500,000 2018: Lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16); 2017 included Phase II- Vail Valley Drive and Glen Lyon Crosswalk sign and lighting; Transit Stop Improvements 475,000 475,000 2018:Transit Lane for express buses at Vail Village Transit Center; Add pedestrian improvements, bus turning improvements to West Vail Arosa bus stop in West Vail West Vail Roundabout - - - 350,000 350,000 West Vail roundabout concrete replacement/repair near Marriott Streamside (currently there is exposed re -bar) Library Self -Check System Updates 18,000 - 18,000 20,000 18,000 38,000 Re -appropriate for Library replacement kiosk and security gate replacement Chamonix- TOV 762,548 532,226 230,322 - 230,322 230,322 Chamonix contingency- TOV 3 March 6, 2018 - Page 76 of 163 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND New Project Requests (Unaudited) 2017 2017 Variance 2018 1st 2018 Amended Actual (Fav/Unfav) Budget Supplemental Amended East Meadow Drive Snowmelt 800,000 - 800,000 - 800,000 800,000 Re -appropriate for Snowmelt major repairs from Solaris to Austria House/Covered Bride area to be done at same time as the Slifer Square construction. This includes paver removal, snowmelt, asphalt replacements with concrete pavers; To be done in conjunction with Slifer Square Slifer Plaza/ Fountain/Storm Sewer 1,455,321 33,299 1,422,022 3,000,000 1,422,022 4,422,022 Re -appropriate for repairs to Silfer Square fountain and storm sewers West Vail Interchange Sidewalk Repair - - - 500,000 500,000 To repair sidewalk damage underneath the 1-70 bridge Neighborhood Road Reconstruction 60,490 5,750 54,740 54,740 54,740 Ra appropriate for continuation of 2015/2016 shared drainage project with ERWSD on Rockledge Rd/Frontage Neighborhood Bridge Reconstruction 1,385,608 31,502 1,354,106 200,000 1,354,106 1,554,106 Re -appropriate for Bridge Road construction scheduled for 2018 Lionshead Parking Structure Landscape Renovations (VRA) 100,000 100,000 100,000 100,000 Re -appropriate for improvements to parking structure landscaping around the eastern areas of the Lionshead where trees have been lost and planting eroded by years of snow storage Fire Breathing Apparatus 298,000 298,000 - - Replacement of all (30) cylinders/compressors purchased in 2007; Updated model addresses safety issues that have been identified in the current model, such as failure in high temperature environments; New units would also allow interoperability with surrounding departments who have gone to this updated unit type. Original budget increased by $23K Colorado Ski Museum renovation 500,000 - 500,000 - 500,000 500,000 Re -appropriate for town contribution toward expansion and remodel of Colorado Ski Museum paid in 2018 Parking Entry System / Equipment 34,200 16,163 18,037 93,037 Re -appropriate for ongoing parking equipment maintenance; $75K for conversion of Ford Park gates to automatic ticketing system to enhance Ford Park parking management Radio Equipment replacement/expansion 279,205 18,865 260,340 600,000 260,340 860,340 Re -appropriate for additional Radios for backup radios and crew expansion; related yearly County fees ($10K) included in HEF; Previously $693K budgeted in 2014 for replacement of approximately 59 radios for PW, PD and Fire. Adjusted to only include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced until 2018) Hybrid Bus Battery Replacement 431,772 431,772 431,772 431,772 Re -appropriate for scheduled replacement; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet Replace Buses 6,603,500 3,373,913 3,229,587 - 3,229,587 3,229,587 Re -appropriate for 7 buses ordered in 2017 scheduled for replacement and delivery in 2018 ($440.5K per bus); 2020 7 buses for replacement at $800K each, plus 4 charging stations at $40K each, and $30K for additional power chargers. Grant funding is being pursued. Resort App 155,817 155,817 - - - Town "Resort App" mobile application; annual expenses have been transferred to operating budget Public Works Shops & Maintenance Buildings 150,000 - 150,000 150,000 150,000 300,000 Re -appropriate for Public Works shops HVAC ($150K each in 2017 and 2018) Public Works Building Remodel - - - 150,000 - 150,000 2018: $150K Design for PW building remodel - Public Works Equipment Wash Down/WQ Improvements 246,967 - 246,967 - 246,967 246,967 Re -appropriate for exterior wash area for large trucks not safe in the winter; also includes improvement to how the waste water is disposed Total Enhancements 16,041,046 5,915,223 10,125,823 7,595,000 9,907,908 17,502,908 New Assets ----- Municipal Redevelopment 359,330 58,687 300,643 300,643 300,643 Re -appropriate for planning of possible future municipal building redevelopment evaluated as part of the Civic Center Master Plan Red Sandstone Parking Structure (VRA) 1,350,000 371,959 978,041 13,718,912 978,041 14,696,953 Re -appropriate for construction of 4 level parking structure at Red Sandstone Elementary school, with contributions from Vail Resorts ($4.3M) and Eagle County School District ($1.5M); Remainder to be reimbursed by VRA WMC / TOV Frontage Road improvements 455,000 252,771 202,229 - 202,229 202,229 Re -appropriate for VVMC/TOV joint project on Frontage Road; Improvements would span from LH Parking structure to Municipal building; Design funded by Traffic Impact Fee funds; Original Plan: 2020: WMC plans for expansion; Improvements would span from LH Parking structure to Municipal building; funded by VRA ($3.6M to be repaid by VRA $100K in 2020 and $3.5M in 2021, Traffic impact fee ($3.15M), Remaining CPF & Developments ($2.25M) Chamonix Housing Development 17,728,000 13,644,849 4,083,151 - 4,083,151 4,083,151 Re -appropriate for final construction of Chamonix Vail 4 March 6, 2018 - Page 77 of 163 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND New Project Requests (Unaudited) 2017 2017 Variance 2018 1st 2018 Amended Actual (Fav/Unfav) Budget Supplemental Amended 1-70 Underpass (VRA) 3,888,587 3,395,597 492,990 492,990 492,990 Re -appropriate for final bills; 2015-2017 is the town's portion of this project since we were awarded RAMP funding from CDOT and includes the budget increase approved by both Council and CDOT Public Art (VRA) 173,325 173,250 75 - - 1-70 Underpass art project East LH Circle pathway to Dobson (VRA) 100,000 6,440 93,560 - 93,560 93,560 Re -appropriate planning and design to Improve connection from the E LionsHead bus stop to Dobson originally scheduled in 2016; Project has been moved to unfunded pending the civic center master plan revision Dobson Plaza (VRA) 100,000 100,000 100,000 100,000 Re -appropriate planning/design to redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts) originally scheduled in 2016; Project has been moved to unfunded pending the civic center master plan revision Buy -down Program(Affordable Housing) - 438 (438) 500,000 (500,000) - Remove $500K for Indeed program transferred to 2017 Housing Fund Budget; Underground Utility improvements 325,000 203,872 121,128 121,128 121,128 Re -appropriate $50K for undergrounding electric between Glen Lyon office building and Liftside; Remaining for Big Horn Rd and S Frontage Rd design to be completed in 2018 Total New Assets: 24,479,242 18,107,864 6,371,378 14,218,912 5,871,742 20,090,654 Total Expenditures 46,870,304 27,533,029 19,337,275 25,983,812 18,019,872 44,003,684 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 5,876,912 4,179,718 (1,697,194) 2,156,000 1,946,023 4,102,023 2017: 1-70 Underpass ($3.9M); $177K public art; $31 K for Lionshead parking expansion joints; Lionshead parking structure landscape improvements and Vantage Point Walk; LH Circle pathway to Dobson ($100K); Dobson Plaza ($100K); Red Sandstone Parking Garage ($1.3M); 2018: $1.5M Red Sandstone, $400K Lionshead Express Bus Stop, $206K Vail Spa heated sidewalk Transfer to Housing Fund (4,904,530) (4,904,530) - - ` (261,550i (261,550) Fund the purchase Altair Vail unit $261.6K by Housing Fund Transfer to Dispatch Fund (150,000) (150,000) - - - - Transfer from Dispatch for Radio Tower project (TOV portion) Revenue Over (Under) Expenditures (30,932,823) (14,903,763) 16,029,059 11,318,167 (16,285,399) (4,967,232) Beginning Fund Balance 35,990,414 35,990,414 5,057,591 16,029,059 21,086,651 Ending Fund Balance 5,057,591 21,086,651 16,375,759 16,119,419 5 March 6, 2018 - Page 78 of 163 TOWN OF VAIL 2017 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HOUSING FUND (Unaudited) 2017 2017 Variance 2018 1st 2018 Amended Actual (Fav/Unfav) Original Supplemental Amended Revenue Housing Fee in Lieu (balance) $ 3,112,482 $ 3,112,482 $ - $ - $ - $ Housing Fee in Lieu (2017 collections) 316,557 316,557 Transfer from Capital Projects Fund (balance) 667,500 667,500 Capital Projects Funding - New 1,124,548 1,124,548 261,550 261,550 Total Revenue 5,221,087 5,221,087 - 261,550 261,550 Expenditures INDEED Program Solar Vail Housing Development Buy Down Housing Total Expenditures 500,000 4,225,000 496,087 328,588 5,221,087 328,588 500,000 4,225,000 167,499 4,892,499 500,000 4,225,000 429,049 5,154,049 500,000 4,225,000 429,049 5,154, 049 Operating Income 4,892,499 4,892,499 (4,892,499) (4,892,499) Beginning Fund Balance - 4,892,499 Ending Fund Balance $ - $ 4,892,499 $ $ 6 March 6, 2018 - Page 79 of 163 7 March 6, 2018 - Page 80 of 163 TOWN OF VAIL 2018 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX New project Requests (Unaudited) 2017 2017 Variance 2018 1st 2018 Amended Actual Fav/Unfav) Budget Supplemental Amended Revenue Real Estate Transfer Tax $ 5,850,000 $ 6,313,611 $ 463,611 $ 6,100,000 $ 6,100,000 2018 is a 3% increase from 2017 budget and includes some additional from new real estate sales such as Lion Golf Course Lease 140,094 141,605 1,511 165,000 165,000 Annual lease payment from Vail Recreation District; annual increase will be based on CPI - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) Intergovernmental Revenue 882,643 54,522 (828,121) 20,000 215,847 235,847 2018: $30K Fishing is Fun grant for Gore Creek riparian habitat improvements; $12K grant from the Colorado Department of Agriculture for TOV noxious weed program; $39K GOCO grant for riparian plants near covered bridge and Vail Valley Drive; $135K state funding for water mitigation at PW to be received in 2018 when work is completed; $20K lottery revenue2017: $135K State funding for water mitigation for PW runoff- See corresponding expenditure below; $20K from Eagle County for Intermountain Fuels project; $20K Lottery fund proceeds; 2017 $700K CDOT TAP Grant for water quality improvements at East Vail Interchange, Eagle County contribution for Intermountain Fuels project- see corresponding expenditure below; Project Reimbursements 76,650 122,665 46,015 8,09 g 098 2018: $6K Contribution from the Nature Conservancy for Intermountain Fuels Project; $2.1K use of Sole Power Donations Donations 23,855 19,257 (4,598) - - Use of $5.7K Sole Power Donations received in 2016 Recreation Amenity Fees 10,000 27,397 17,397 10,000 10,000 Earnings on Investments and Other 49,064 89,658 40,594 49,059 49,059 0.7% rate assumed; 2018: Reimbursement from bag fee collections for Clean -Up Day and America Recycles Day. Total Revenue 7,032,306 6,768,714 (263,592) 6,344,059 223,945 6,568,004 Expenditures Maintain Town Assets 27,000 Annual Park and Landscape Maintenance 1,577,134 1,464,532 112,602 1,669,395 1,696,395 Ongoing path, park and open space maintenance, project mgmt.; $12K grant from the Colorado Department of Agriculture for the town's noxious weed program; $15K to renew partnership with USFS for noxious weed management program Management Fee to General Fund (5%) 292,500 315,680 (23,180) 305,000 305,000 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 104,270 103,898 371 65,000 65,000 Tree removal project along Gore Creek in 2017 utilizing 2016 savings; Per Council 4/18, add $20K; Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town -owned property at approx. $120 per tree; Initiating tree - planting program for lost trees Forest Health Management 268,655 228,854 39,801 277,248 277 248 Operating budget for Wildland Fire crew; 2017 increase for replacement of 1 radio ($4.5K) and new wildland hose ($4K) Forest Health VHF Radios - - 31,863 31,863 2018: 13 VHF radios for Wildland crew ($2,450/each) for incidents outside of Eagle County; Will enable communication with other agencies using this technology such as Summit County 7 March 6, 2018 - Page 80 of 163 8 March 6, 2018 - Page 81 of 163 TOWN OF VAIL 2018 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX New project Requests (Unaudited) 2017 2017 Variance 2018 1st 2018 Amended Actual Fav/Unfav) Budget Supplemental Amended Intermountain Fuels Reduction 733,656 670,328 63,328 5,000 74,328 Re -appropriate to complete Intermountain Fuels Project $63.3K and reflect Nature Conservancy contribution $6K- See corresponding reimbursement above; 2018: Phase 111 ($5K); 2017 included $677.7K for Phase 11 and contributions from Eagle County($20K) and Nature Conservancy ($36K);2016 included $63.7K for Phase I Street Furniture Replacement 57,588 56,134 1,453 25,000 25000 , Utilize 2016 savings for additional benches and bike rack replacements in 2017; also includes annual replacement or capital repairs, benches, recycling and bike racks Rec. Path Capital Maint 204,135 139,302 64,833 110,986 110,986 Capital maintenance of the town's recreation path system Park /Playground Capital Maintenance 83,025 83,018 7 160,076 235,076 Transfer $75K from Stephen's park for park safety improvements; Annual maintenance items include projects such as playground surface refurbishing, replacing bear -proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance; 2018 includes $54K increase for improvements to access into Staub Park Adopt A Trail 5,000 5,000 _ Mid-cycle Adopt A Trail Council Contribution for trail in or bordering the Town; Council has requested an update in the fall Alpine Garden Support 69,700 69,700 69,700 69,700 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increase Alpine Garden Fountains 30,000 10,567 19,433 19,000 19,433 38,433 Re -appropriate 2017 Council Contribution to complete repairs to BFAG water features- original contribution $30K Eagle River Watershed Support 59,450 59,450 - 45,450 45,450 Annual support of the Eagle River Watershed Council programs with 1% increase for 2017 Public Art - Operating 106,846 103,374 3,472 111,201 - 111,201 Art in Public Places programming Environmental Sustainability 501,415 471,792 29,623 489,465 532,563 Environmental EMS system $34K ($12K re -appropriate from 2017, $22K new funding), $2K Local Climate Resolution approved 12/5, $5K Annual Rocky Mountain Climate Membership; $2.1K for Sole Power awards and prizes- See corresponding reimbursement above: Environmental Sustainability programs; 2017 included $62K to complete Sustainable Destination Certification; $12K for energy management software to track the town's progress toward goals; $15K Solar feasibility study Total Maintenance 4,093,374 3,781,629 311,745 3,384,384 233,859 3,618,243 Enhancement of Town Assets Gore Valley Trail Reconstruction Conoco to Donovan - - 450,000 450,000 Gore Valley Trail Reconstruction between Conoco and Donovan Pavilion Glen Lyon Rec. Path Reconstruction 150,000 118,637 31,363 Reconstruction of Glen Lyon Rec Path to be completed with the construction of the 1-70 underpass ($150K) North Recreation Path- Sun Vail to Pedestrian Bridge - - 125,000 235,000 $110K requested for the North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and the pedestrian Bridge estimated at $235K to coincide with Red Sandstone parking garage project Chalet Road Sport Courts 40,000 1,537 38,463 - 38,463 38,463 Re -appropriate to install acoustic barriers to minimize noise Soft Surface Trails 100,000 31,892 68,109 100,000 68,109 168,109 Re -appropriate for Trail enhancements pending Open Lands Plan Vail Transit Center Landscape 125,000 125,000 Landscaping at Vail transit center to coincide with construction of additional bus lane at Vail TRC 8 March 6, 2018 - Page 81 of 163 9 March 6, 2018 - Page 82 of 163 TOWN OF VAIL 2018 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX New project Requests (Unaudited) 2017 2017 Variance 2018 1st 2018 Amended Actual Fav/Unfav) Budget Supplemental Amended Donovan Park Improvements 64,947 38,748 26,200 Final payment for Donovan Park picnic shelter and playground maintenance completed in 2017 Library Recreation Path Reconstruction 10,000 10,000 - - - Repairs to the recreation path from the Vail Library to Lionshead Streamtract Education/Mitigation 273,199 170,138 103,061 103,061 103,061 Re -appropriate for water quality and streamtract education, outreach, signage and marketing; water quality personnel Water Quality Infrastructure 1,527,773 65,592 1,462,181 1,050,000 1,462,181 2,512,181 Re -appropriation of 2017 funds to continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore ;2017 rollover Includes $135K for water mitigation at PW from grant for roof runoff Streambank Mitigation 636,806 155,195 481,611 350,000 550,458 900,458 2018: $30K Fishing is Fun grant for Gore Creek riparian habitat improvements; $38,847 Great Outdoors grant for riparian plants near covered bridge and Vail Valley Drive; Re -appropriate Riparian Site specific construction projects for Water Quality Strategic Action Plan East Vail Water Quality TAPS 1,125,111 1,125,111 1,125,111 1,125,111 Re -appropriate for East Vail Water Quality Improvements; Rollover Includes CDOT TAP grant funding of $700K in 2017 East Vail Interchange Improvements 988,807 109,750 879,057 500,000 879,057 1,379,057 Re -appropriate for landscaping design and construction of the interchange Dowd Junction repairs and improvements 406,485 67,970 338,515 1,800,000 338,515 2,138,515 Continuation for re -stabilization of Dowd Junction path; Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC)- scheduled for Fall 2018 Stephens Park Safety Improvements - - 225,000 150,000 Transfer $75K to Capital Park Maintenance to address urgent park safety needs in a variety of playgrounds; Access improvements to include extended sidewalk, new stairs and other site improvements; playground was built in 1990's Bighorn Park Improvements 225,000 211,792 13,208 13,208 13,208 2018: Re -appropriate for drainage repairs and improvements near pavilion; 2017: Transfer budget from Ford Park projects; Park improvements and upgrades including shelter upgrade, ADA access, drainage improvements, playground mtc, new stairs added to west end, irrigation improvements, and planting around pond Ford Park Portal Improvements 330,704 306,836 23,868 - 23,868 23,868 Re -appropriate for final portal feature Open Lands Plan 327,192 72,568 254,623 150,000 254,623 404,623 Continuation of Comprehensive Open Lands Plan Update Open Space Land Acquisition - - - - 150,000 Acquisition of East Moran streamtract parcel Booth Creek Park 384,768 75,920 308,848 - 40,000 40,000 2018: Re -appropriate $40K to modify foot traffic pattern in park; 2017:Redevelopment of entire park including tennis courts, covered areas and playground structures; Tennis court ($262K) and playground ($385K). Public Art - General program / art 567,310 34,264 533,046 85,000 533,226 618,226 To purchase sculptures, artwork, art programs and events; remainder is re appropriated each year to accumulate enough funds. Also includes 2017 sales from manhole covers Public Art - Winterfest 32,380 32,028 352 - 352 352 Carry over balance from 2017 for final 2017/2018 Winterfest bills ($352). Total Enhancements 7,190,482 1,492,868 5,697,614 4,960,000 5,615,232 10,575,232 VRD-Managed Facility Projects Recreation Enhancement Account 140,094 - 140,094 165,000 140,094 305,094 Annual rent paid by Vail Recreation District; to be re -invested in asset maintenance; 9 March 6, 2018 - Page 82 of 163 10 March 6, 2018 - Page 83 of 163 TOWN OF VAIL 2018 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX New project Requests (Unaudited) 2017 2017 Variance 2018 1st 2018 Amended Actual Fav/Unfav) Budget Supplemental Amended Golf Course - Other 622,372 - 622,372 384,769 622,372 1,007,141 Re -appropriate from 2017 for design and planning to replace bridges at holes 13 & 14 ($50K), replace stone veneer with timber railings ($16.4K),rebuild irrigation pumps ($13.1K); $400K for storage building; asphalt driving and parking area; 2018: Replacement of bridges at holes 14&15 ($370.7K), replace radiant tube heaters ($11.3K), pump house exterior ($2.8K); Dobson Ice Arena 408,878 5,773 403,105 68,206 403,105 471,311 Re -appropriate from 2017 to complete pavers and concrete slab replacement ($54K)remodel rink bathrooms and changing rooms ($131.1K), rock wall repair ($10.5K), clean wood structure ($38.2K), replace pumps ($45.9K), redesign and rebuild electrical room ($120.2K); 2018: Replace windows and heat pumps ($68K) Ford Park / Tennis Center Improvements 178,245 52,800 125,445 61,256 96,675 157,931 Re -appropriate from 2017 to complete replace gutters ($9.3K), remodel bathrooms ($31K), replace lockers ($13.1K), furnace ($13.7K), hot water tank ($7.6K), and base board heaters ($18.6K); 2018: Stain wood siding of concessions ($5.6K) and restrooms ($5.6K), $50K for restroom remodel Athletic Fields 29,445 - 29,445 6,078 29,445 35,523 Re -appropriate from 2017 to paint wood structure and exterior trim ($8K), rooftop replacement for restrooms and athletic field ($21.3K); 2018: Seal coat and crack fill in parking lot ($6K) Gymnastics Center 52,089 - 52,089 - 52,089 52,089 Re -appropriate to Install a new cooling system ($52.1) Nature Center 109,754 22,514 87,240 87,240 87,240 Re -appropriate to complete research on historical preservation and design ($17.8K); Exterior windows, doors, wood siding and slope roof ($69.8K) Total VRD-Managed Facility Projects 1,540,877 81,086 1,459,790 685,309 1,431,020 2,116,329 New Assets Golf Clubhouse & Nordic Center 1,077,912 959,183 118,729 - 118,729 118,729 Completion of clubhouse renovation; Total clubhouse cost included $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds $765,440, Conference Center funds of $3.8M, current RETT funds of $538,189 (Total project cost estimated at $13.8M, which includes previously spent RETT funds of $705,571 from 2012 & 2013) Ford Park Improvements & Fields 675,624 559,205 116,420 55,000 116,420 171,420 Re -appropriate for softball field shelter currently undergoing re-evaluation $116.4K ; 2018: Ford Park Soccer Field ADA Route ($55K) Total New Assets: 1,753,536 1,518,389 235,149 55,000 235,149 290,149 Total Expenditures 14,578,269 6,873,972 7,704,298 9,084,693 7,515,260 16,599,953 Revenue Over (Under) Expenditures (7,545,963) (105,258) 7,440,706 (2,740,634) 7,440,706 (10,031,949) Beginning Fund Balance 11,256,285 11,256,285 3,710,322 7,440,706 11,151,027 Ending Fund Balance $ 3,710,322 $ 11,151,027 $ 969,688 $ 1,119,077 10 March 6, 2018 - Page 83 of 163 Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments Equipment Sales and Trade-ins Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay TOWN OF VAIL 2018 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND (Unaudited) 2018 2017 2017 Variance Proposed 1st 2018 Amended Actual (Fav/Unfav) Budget Supplemental Amended $ 3,068,794 $ 3,026,321 $ (42,473) $ 3,204,133 $ 3,204,133 10,000 46,291 36,291 10,000 10,000 14,209 10,815 (3,394) 7,500 7,500 152,730 251,085 98,355 130,483 130,483 3,245,733 3,334,512 88,779 3,352,116 3,352,116 1,140,936 1,137,018 3,918 1,186,555 1,186,555 1,332,013 1,217, 526 114,487 1,413,188 1,413,188 1,280,200 1,095,011 185,189 703,700 143,500 Re -appropriate for buy- out of fuel tank and 847,200 field distribution system ($125K), Air Compresser ($18.5K) Total Expenditures 3,753,149 3,449,555 303,594 3,303,443 Revenue Over (Under) Expenditures (507,416) (115,043) 392,373 48,673 Beginning Fund Balance 2,281,680 2,281,680 1,774,264 392,373 3,446,943 (94,827) 2,166,637 Ending Fund Balance $ 1,774,264 $ 2,166,637 $ 1,822,937 $ 2,071,810 11 March 6, 2018 - Page 84 of 163 TOWN OF VAIL 2018 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND Revenue E911 Board Revenue Interagency Charges Other State Revenues Town of Vail Interagency Charge Earnings on Investments Project Reimbursement Other Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Other Financing Sources (Uses) Transfer from Capital Projects Fund Total Financing Sources (Uses) Surplus Net of Transfers & New Programs Beginning Fund Balance Ending Fund Balance 2017 Amended (Unaudited) 2017 Actual Variance (Fav/Unfav) $ 766,809 1,245,407 15,815 663,307 6,594 400,000 $ 776,809 1,231,642 19,549 659,571 7,027 $ 10,000 (13,765) 3,734 (3,736) 433 36,000 (364,000) 445 445 2018 Proposed Budget $ 762,176 1,279,892 659,608 6,050 1st Supplemental 364,000 2018 Amended $ 762,176 1,279,892 659,608 6,050 Timing of 364,000 reimbursements 3,097,932 2,731,043 (366,889) 2,707,726 364,000 3,071,726 2,092,014 505,874 940,641 3,538,529 2,019,505 485,066 366,050 2,870,621 72,509 20,808 574,591 667,908 2,149,392 510,569 119,500 2,779,461 550,000 550,000 2,149,392 510,569 669,500 3,329,461 (440,597) (139,578) 301,019 (71,735) (186,000) (257,735) 150,000 150,000 150,000 150,000 (290,597) 10,422 301,019 (71,735) (186,000) (257,735) 1,154,836 1,154,836 864,239 301,019 1,165,258 $ 864,239 $ 1,165,258 $ 792,503 $ 907,522 12 March 6, 2018 - Page 85 of 163 Reappropriate for CAD/RMS Upgrade ORDINANCE NO. 6 SERIES OF 2018 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSGING FUND, HEAVY EQUIPMENT FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND OF THE 2018 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2018 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 14, Series of 2017, adopting the 2018 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2016 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund Capital Projects Fund Housing Fund Real Estate Transfer Tax Fund Heavy Equipment Fund Dispatch Services Fund Total $ 231,700 18,281,422 5,154,049 7,515,260 143,500 550,000 $ 31,875,931 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 Ordinance No. 6, Series of 2018 March 6, 2018 - Page 86 of 163 more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of March, 2017, and a public hearing shall be held on this Ordinance on the 120h day of March, 2017, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 6, Series of 2018 March 6, 2018 - Page 87 of 163 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Parking and Transportation Task Force recommended summer 2018 plan PRESENTER(S): Greg Hall Director of Public Works and Transportation and Mayor Dave Chapin ACTION REQUESTED OF COUNCIL: Provide direction to the staff regarding the Parking and Transportation Task Force recommendations as well as provide feedback on any additional information for March 20 discussion. BACKGROUND: The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12 -member group is to provide advisory input and recommendations on parking, transit and traffic operations. The Task Force is chaired by Mayor Chapin and supported by various departments and agencies to assist with technical expertise. STAFF RECOMMENDATION: Staff recommends the Town Council approves the recommendations of the Parking and Transportation Task Force. Direct staff to return with the proposed plan to implement the overnight fee structure and the associated operating costs for inclusion in the second reading of the first budget supplemental on March 20. ATTACHMENTS: Description Staff Memorandum Agenda 01/11/2018 Agenda 02/23/2118 March 6, 2018 - Page 88 of 163 TOWN OF VAIIL' Memorandum TO: FROM: Vail Town Council Parking and Transportation Task Force Greg Hall, Director of Public Works and Transportation DATE: March 6, 2018 SUBJECT: Parking and Transportation Task Force recommended summer 2018 plan I. PURPOSE The purpose of this item is to: • Provide Town Council with an update on the work to date by the Parking and Transportation Task Force (PATTF) • Provide recommendations for Summer 2018 and beyond • Request Town Council direction regarding next steps II. BACKGROUND The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12 -member group is to provide advisory input and recommendations on parking, transit and traffic operations. The current focus of the Task Force has been an evaluation of summer operations. Representatives are as follows: Representing Representing Representing Representing Representing Representing Representing the retail community - Meg Hanlon and Hugh Paine the restaurant community - Bill Suarez the lodging community - Brian Butts the community -at -large - Kent Johnson, Andrew Lanes and Don Marks Vail Health - Darryl Flores (Cheryl Cannataro Alt.) Vail Resorts - Doug Lovell and Jeff Babb the Vail Town Council - Mayor Dave Chapin and Jen Mason The Task Force is chaired by Mayor Chapin and supported by various departments and agencies to assist with technical expertise. III. CURRENT ACTIONS TO DATE The PATTF has convened two meetings in 2018: January 11, February 23. (Agendas Attached) 1 March 6, 2018 - Page 89 of 163 A specific topic was the overnight use of the garages during the summer from August 1 - September 30, 2017. The two structures averaged 324 vehicles a night in the early 4- 5 AM time period. The weekday average was 294 cars while the weekend average was 424 cars. IV. RECOMMENDED ACTIONS MOVING FORWARD Summer 2018 Objectives and Recommendations Transit • Continue with increased summer bus service by Vail Transit following successful pilot program during summer 2017 o Review potential expansion of hours currently budgeted for summer 2018 re: concert departures and early AM • Market/promote advantages of transit Parking Structures • Focus on goal to reduce number of vehicles parked overnight in structures by half to increase daytime capacity by freeing up 100 to 200 parking spaces per night o Requires 24-hour staffing operations, estimated at approximately $150K o Create an allowance for overnight parking for guests of lodges with no on-site parking (Mountain Haus, Plaza Lodge, Bridge Street Lodge) and lodges with limited parking (Gasthof Gramshammer, Vail Mountain Lodge) as well as employee overnight shift -work o Will require an overnight fee structure in addition to reviewing current regulations regarding abandoned vehicles stored in the structures (14+ days) • Facilitate parking management plan with Vail Health and other major construction projects in the Village core as well as employers o Town of Vail to apply for permission from CDOT for use of 100 parking spaces west of the West Vail Fire Station to allow 7 -day a week parking through 2020; may require additional bus service Short-term Leasing of Private Parking spaces • Evaluate Town Code amendments to allow short-term daily leasing of private parking spaces o Would allow web or app -based parking reservation technologies Ongoing • Work with ECO Transit to support increased service in 2018 through county budget process • Continue a marketing and messaging plan around the following: o Biking o Walking o Don't rent a car o Environmental effects of driving o Healthy lifestyles o Reduce congestion o Promote transit use 2 March 6, 2018 - Page 90 of 163 o Ridesharing (Uber, Lyft) o Carpooling o Employee van pools o Special event marketing and messaging for attendees o Special event employee/volunteers use alternative parking sites, modes • Continue to require construction projects to have an employee transportation and parking plan V ACTION REQUESTED Provide direction to the staff regarding the Parking and Transportation Task Force recommendations as well as provide feedback on any additional information for March 20 discussion. VI. STAFF RECOMMENDATION Staff recommends the Town Council approves the recommendations of the Parking and Transportation Task Force. Direct staff to return with the proposed plan to implement the overnight fee structure and the associated operating costs for inclusion in the second reading of the first budget supplemental on March 20. VII. ATTACHMENTS a) January 11, 2018 Parking and Transportation Task Force Meeting Agenda b) February 23, 2018 Parking and Transportation Task Force Meeting Agenda 3 March 6, 2018 - Page 91 of 163 Agenda Parking and Transportation Task Force January 11, 2018 10:00 AM — 12:00 PM Vail Library Community Room Call to Order Review of Parking Policies, Objectives and Goals Review of Summer 2017 statistics Review Early Winter 2017 statistics Environmental Sustainability Plan Update • Transportation Goal Overview of previous Summer discussions Known Issues for Summer 2018 • Hospital Construction start late spring • Other Construction RSES and Parking, Solar Vail Issues/Concerns with Summer 2018 Parking • Ford Park Ideas for management Summer 2018 If paid Parking 2018 Rate discussions If paid Parking 2018 pass discussion Red Sandstone Parking Structure Update 2018 Summer Managed parking Timeframe Public Comment Next Meeting Adjournment Mayor Dave Chapin Greg Hall Greg Hall Greg Hall Kristen Bertuglia Greg Hall Greg Hall PATTF PATTF PATTF PATTF Greg Hall Mayor Dave Chapin Mayor Dave Chapin Mayor Dave Chapin Mayor Dave Chapin March 6, 2018 - Page 92 of 163 March 6, 2018 - Page 93 of 163 Agenda Parking and Transportation Task Force February 23, 2018 8:30 AM — 10:00 AM Town Council Chambers Call to Order Review of Parking Policies, Objectives and Goals Discussion of Summer Parking Program Goals Review of Economic Data Summer Statistics Overview Summer 2018 update • Vail Health Parking Plan Presentation • Other Construction Planned • CDOT update • ECO update Ideas for of Summer 2018 parking Recommendations for Summer 2018 Input on changes to allow short term rental of private parking spaces Town Council Process • Review of PATTF Recommendations • Council Direction for Summer 2018 New Business and Other Items Public Comment Next Meeting Adjournment Mayor Dave Chapin Greg Hall PATTF Greg Clifton Greg Hall Vail Health Staff Greg Hall Greg Hall Town Staff PATTF PATTF Greg Clifton/PATTF Mayor Dave Chapin March 6 March 20 PATTF Mayor Dave Chapin Mayor Dave Chapin Mayor Dave Chapin March 6, 2018 - Page 94 of 163 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Permission to Proceed through the Development Process - La Taberna Iberica Restaurant PRESENTER(S): Jonathan Spence, Senior Planner ACTION REQUESTED OF COUNCIL: Gatto Pardo Bianco LLC, the owner of the Unit #15, 100 Meadow Drive, requests permission to proceed through the Development and Design Review process for an Amendment to Special Development District No. 6, Vail Village Inn, for improvements that include an outdoor dining patio and associated improvements that occur within the Town of Vail Right -of -Way. BACKGROUND: The subject property, located at 100 Meadow Drive, Unit 15, was constructed in 1976 and was most recently occupied by the former Master's Gallery. It is the applicant's intention to repurpose the space for an eating and drinking establishment. STAFF RECOMMENDATION: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of outdoor dining and private landscaping. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued and removed if required to do so. ATTACHMENTS: Description Staff Memorandum A. Applicant's narrative, 02-28-2018 B. Vicinity Map C. Proposed plans, 02-14-2018 D. Site Photos E. Streetscape Improvement Plan, East Meadow Drive -Vail Road to Willow Bridge Road, Town of Vail Streetscape Master Plan, 11-20-1991 F. Winston LLC Design Review Memorandum, 02-26-2018 March 6, 2018 - Page 95 of 163 TOWN OFD Memorandum TO: Vail Town Council FROM: Community Development Department DATE: March 6, 2018 SUBJECT: Outdoor Dining Deck and Associated Improvements, La Taberna Iberica, 100 Meadow Drive, Unit #15, Permission to Proceed I. DESCRIPTION OF REQUEST Gatto Pardo Bianco LLC, the owner of the Unit #15, 100 Meadow Drive, requests permission to proceed through the Development and Design Review process for an Amendment to Special Development District No. 6, Vail Village Inn, for improvements that include an outdoor dining patio and associated improvements that occur within the Town of Vail Right -of -Way. The applicant requests permission to proceed through the Development and Design Review Board processes and, if approved, enter into a lease agreement with the Town of Vail for the improvements. It should be noted that the Vail Town Council is not being asked to approve the improvements, their location or design, but rather to authorize the applicant to move forward with a planning application that utilizes town owned property for commercial uses. If granted permission to proceed, the application would be subject to the following steps in the Development and Design Review Process (approximate dates are given for reference purposes only): • Conceptual Review before the Design Review Board (DRB) (March 7, 2018) • Public Hearing before the Planning and Environmental Commission (PEC) (March 26, 2018) • 2nd Public Hearing before the PEC, if necessary (April 9, 2018) • First Reading before the Town Council (April 3, 2018 or April 17, 2018) • Second Reading before the Town Council (April 17, 2018 or May 1, 2018) • Formal Review by the DRB (April 18, 2018 or May 2, 2018) II. BACKGROUND/PROPOSAL The Vail Village Inn Special Development District was formed in 1976 and consists of five phases developed over time. Phases within the SDD include the Sebastian Hotel March 6, 2018 - Page 96 of 163 and Residences (Phase 4), Village Inn Plaza (La Botega) (Phase 5), Vail Village Plaza Condos (subject property and adjacent structure to the north, (Phase 1 and 2) and the Village Inn Plaza (residential building on south frontage road and Annie's/A Secret Garden) (Phase 3). The subject property, located at 100 Meadow Drive, Unit 15, was constructed in 1976 and was most recently occupied by the former Master's Gallery. It is the applicant's intention to repurpose the space for an eating and drinking establishment. Components of the project include the following: • 225 square foot building addition (restaurant seating) along the south fa9ade • 45 square foot building addition (ADA compliant building entry) along the west facade • 140 square foot outdoor dining patio on private property • 575 square foot outdoor dining patio on Town of Vail property • 130 square feet of new landscape planter on Town of Vail property • Removal of the existing 280 square foot planter with mature vegetation on Town of Vail property • New Awnings Identified Concerns Although the project has not undergone a complete review at this time, a number of concerns have been expressed by various Town departments and an outside urban design consultant engaged to review the proposal with respect to adopted plans, including the Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and Design Considerations. Town Engineer Tom Kassmel, Chief Building Official Christopher Jarecki and Community Development Planning Staff share public safety concerns related to the proximity of the proposed outdoor seating and associated landscape planters/walls to the bus travel way coupled with the loss of the existing vegetative landscape buffer. The Town of Vail Streetscape Master Plan identifies a preferred streetscape plan whose primary design intent is to provide pedestrians with a safe zone that can easily be reached when bus traffic is moving through. This safe zone is identified as pedestrian path to the north of and outside of the bus travel lane. The proposed improvements effectively cut off this established pedestrian path. Although it may be reasoned that the proposal is similar to the constructed outdoor patio at the Alpenrose Restaurant and Patisserie located to the east, this patio was constructed prior to the adoption of the Streetscape Master Plan in 1991 and does provide greater opportunities for pedestrians to move out of the bus travel way than the subject proposal. Town of Vail Page 2 March 6, 2018 - Page 97 of 163 Jeffery Winston of Winston LLC has served for over 30 years as an Urban Design Consultant for the Town of Vail. Mr. Winston has been instrumental in the formation of the Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and Design Considerations. Most recently, Mr. Winston has assisted the Town with development review for projects including the Gorsuch Building, the Wall Street Building and revisions to the Campo de Fiori restaurant. In his preliminary analysis, included as Attachment F. Mr. Winston echoes pedestrian safety concerns expressed by Town staff related to the proximity of the improvements to the bus travel way and the loss of valuable landscape area. Mr. Winston makes a number of suggestions that would result in the project being more consistent with adopted Town plans. Please refer to the applicant's narrative (Attachment A), vicinity map (Attachment B), proposed plans (Attachment C), site photos (Attachment D), Streetscape Improvement Plan, East Meadow Drive -Vail Road to Willow Bridge Road, Town of Vail Streetscape Master Plan, (Attachment E), and Winston LLC Design Review Memorandum, 02-26- 2018 (Attachment F). Staff would encourage individual members of the Town Council to visit the site prior to the March 6, 2018 meeting. III. ACTION REQUESTED The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of outdoor dining and private landscaping. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued and removed if required to do so. The Community Development Department offers the following options for the Vail Town Council to consider: • Instruct staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements. Or • Instruct staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements with the explicit understanding that the current proposal is unacceptable due to identified pedestrian safety concerns. Or Town of Vail Page 3 March 6, 2018 - Page 98 of 163 • Advise the applicant to amend the proposal taking into account the identified pedestrian safety concerns and return to the Town Council with a revised request to proceed. OR • Deny the requested use of town property for an outdoor dining patio and associated improvements as proposed. IV. ATTACHMENTS A. Applicant's narrative, 02-28-2018 B. Vicinity Map C. Proposed plans, 02-14-2018 D. Site photos E. Streetscape Improvement Plan, East Meadow Drive -Vail Road to Willow Bridge Road, Town of Vail Streetscape Master Plan, 11-20-1991 F. Winston LLC Design Review Memorandum, 02-26-2018 Town of Vail Page 4 March 6, 2018 - Page 99 of 163 Steven James Kiclen A.1.A. Architect P.C. 1 i 5 G Street Salida, Colorado 970-389-0150 mobile steve@riden 1 .com February 28, 2018 Mr. Jonathan Spence Senior Planner Town of Vail Community Development Department 75South Frontage Road Vail, CO 81657 Re: Permission to Proceed Improvement Encroach Encroachment Vail Village Inn Phase 1&2 100 E. Meadow Drive unit 15 Vail, CO 81657 Dear Jonathan, The proposed modification to Unit 15 of the Vail Village Inn Phase 1 includes a patio on both private land and public right of way. The amount of patio and associated landscape planters to be constructed upon the Town of Vail's right of way is 750 s.f. Attached are the documents associated with the proposal. The legend indicates the areas of the proposal. Thank you. Regards, Steven James Riden AIA Architect March 6, 2018 - Page 100 of 16; Vail Village Plaza Condos - La Taberna Iberica Restaurant 100 E Meadow Dr, Unit 15 Vail Village Filing 1, Block 5D, Lot 0 e 0 25 50 I Feet 100 Th. map was created by the Town of Vail community Development Department. Use of this map should be for general purposes only The Town of Vail does not warrant the accuracy of the information contained herein. (where show, parcel line work is approximate) March 6, 2018 - Page 101 of 163 Last Modified: February 27, 2018 TOWN OF VAIL' OWNER: ARCHITECT: STRUCTURAL ENGINEER: INTERIOR DESIGN: MECHANICAL ENGINEER: ELECTRICAL ENGINEER: EQUIPMENT SUPPLIER: GENERAL CONTRACTOR: GATTOPARDO BIANCO, LLC 100 EAST MEADOW DRIVE SUITE 37 VAIL, CO 81567 STEVEN JAMES RIDEN 6849 US HWY 50 HOWARD, CO 81233 970-389-0150 KRM CONSULTANTS, INC. P.O. BOX 4572 VAIL, CO. 81657 970-949-9691 KATIA BATES INOVATIVE CREATIONS INC. 3571 N.DIXIE HWY FT. LAUDERDALE, FL. 33334 9454-565-4333 RADER ENGINEERING, INC P.O. BOX 8610 AVON CO 81620 970-845-7910 WILDER ENGINEERING LLC 1170 BLUE SAGE DRIVE STEAMBOAT SPEINGS, CO 80487 970-819-7848 STEVEN JAMES RIDEN ARCHITECT 115 G STREET SALIDA, CO. 81201 steve@riden l . com 970-389-0150 MEMBER OF AMERICAN INSTITUTE OF ARCHITECTS LA TABERNA IBERICA RESTAURANT 100 EAST MEADOW DRIVE UNIT #15 VAIL COLORADO 81657 RESTAURANT SOURCE BARGREEN ELLINGSON 5005 WASHINGTON ST. DENVER, CO 80216 303-296-1684 ROCKY MOUNTAIN CONSTRUCTION GROUP 120 WILLOW BRIDGE RD. SUITE 7 VAIL, CO 81657 970-476-4458 ADOPTED CODES 2015 INTERNATIONAL BUILDING CODE 2015 INTERNATIONAL FIRE CODE 2015 INTERNATIONAL PLUMBING CODE 2015 INTERNATIONAL MECHANICAL CODE 2015 INTERNATIONAL FUEL GAS CODE 2015 INTERNATIONAL ENERGY CONSERVATION CODE 2015 INTERNATIONAL EXISTING BUILDING CODE 2014 NATIONAL ELECTRICAL CODE 2015 INTERNATIONAL BUILDING CODE 2015 INTERNATIONAL BUILDING CODE 2015 EAGLE COUNTY ENVIROMENTAL HEALTH DEPT. SITE AND BUILDING ANALYSIS ZONING - LOT SIZE - UNIT 15 FLOOR AREA SDD #6 0.650 ACRES / 28,314 SQ. FT. EXISTING MAIN LEVEL - 1907.14 SQ. FT. ADDITION TO MAIN LEVEL 340 SQ.FT. TOTAL: 2447.14 SQ.FT. LEGAL DESCRIPTION: PARCEL # 210108256015 100 EAST MEADOW DRIVE UNIT #15 VAIL, COLORADO EAGLE COUNTY, COLORADO TABLE OF CONTENTS: G001 COVER PAGE AND GENERAL NOTES G002 EXISTING CONDOMINIUM MAP TS001 FIELD ELEVATIONS SD001 SITE DEVELOPMENT PLAN A001 EXISTING/PROPOSED SOUTH ELEVATION A002 EXISTING/PROPOSED WEST ELEVATION A003 EXISTING/PROPOSED NORTH ELEVATION A004 EXISTING/PROPOSED EAST ELEVATION N 00 TABERNA March 6, 2018 - Page 102 of 163 FOURTH AMENDMENT TO THE AMENDED CONDOMINIUM MAP FOR VAIL VILLAGE PLAZA CONDOMINIUMS \\1 TOWN OF VAIL, EAGLE COUNTY, COLORADO TH / -c UN 4. I_ sa UNIT 221 1- UNIT 21 UNIT 8 CAMarILT UNIT 2'17: CMR VAL ONDOMM MS.\ P mo'" ac sruv I -J LEGEND I CHANGE IX CEILING 110511i D N - UNIT 5 UNIT UNIT 16 G"E L�"v�s`WmP1sls�o G _ UNIT 15 41199 XIGAWAY KK PATO UM' 5 SECTION KK FLOOR PLANS LEVEL 2 8/£ L I17-A JCR NO 85411 March 6, 2018 - Page 103 of 163 VILLAGE INN PLAZA 7 Y / / / / / / / / / RESIDENCES AT THE EBASTIAN / / / / ' / / // / / / / / / / // / / / / / / / / / / / / / / / / / / / / / ,/ / / // / / / / // / NEW ROOF // ,/ (MATCH EXISTING NG / / PITCH ABOVE) / / / / / / / / / / / / / J/ / �/ L'--// j -/-/ /- / NEW SHED WALL NEW DROPPED SOFFIT Sc BEAM I / / / I / / // II / / / / / / / / \ / / / \ \ // \ // / // / // / // / // / / // II ,/ / / /1/ / // / // / // / /1/1 // // / FT- / / / / / / / / I //I/ / I l— 1__1_ I I II i � I � I � I I -_L- 1 / 1 I I I / I I 1 / I -L_J I I I I 1 I 1 1 I I L__ __ I / I I 1 /I II / \ -L _ \ � r \ \ \ \ N N N N EXISTING UTILITY SHED PROPOSED MECHANICAL ENCLOSURE ABOVE EXISTING UTILITY SHED I- LOWER LEVEL WALKWAY/ENTRANCE J EXISTING MAIN ROOF OVERHANG ABOVE J_ IFAN UNITI —1 — r— L �J NEW MECHANICAL EQUIPMENT EXISTING GAS METERS AND ELECTRIC TRANSFORMER (LOWER MECH. AREA) UTILITY EASEMENT / / / / I/ / x'77 7 / / '/ ,� / ‹,:), I / /PROPOSED MAIN LEVEL / BUILDING ADDITION 45/SQ. FT. / ON (L.C.E.) / / i PROPOSED AWNING / OUTLINE / / PROPERTY LINE // ifs.... -,: ' `N\ / \ '��-- �' _ \\ `� — � ---- \ \ \ Gni February 14, 2018 / / / / / / / March 6, 2018 - Page 105 of 163 7 / / L__ L___ P ENTRY TO UNIT 30 EXISTING STAIR TO BE REMOVED — _ J SITE DEVELOPMENT PLAN PROPOSED PATIO PROPOSED PLANTER I I I I A 3/16" = 1'-0" MAIN LEVEL EXISTING (INTERIOR) 1917 SQ. FT. MAIN LEVEL ADDITION (LEASE FROM H.O.A.) 270 SQ. FT. TOTAL ENCLOSED HEATED 2187 SQ. FT. MAIN LEVEL ADDITION OVER GENERAL COMMON ELEMENT 225 SQ. FT. MAIN LEVEL ADDITION OVER LIMITED COMMON ELEMENT 45 SQ. FT. PATIO ADDITION OVER GENERAL COMMON ELEMENT 150 SQ. FT. PATIO/PLANTER ADDITIONS ON TOWN OF VAIL PROPERTY (LEASED) 750 SQ. FT. H- /1 t JJ L - BUILDING OUTLINE CEJ Z CHIMNEY W/SCREEN (LOCATE TO AVOID ROOF EAVE & GUTTER) OSAKI'S SUSHI BAK BUILDING OUTLINE ABOVE GKAPPA FINE WINE AND SPIRITS PROPOSED MECHANICAL CHASEWAY III 4f 400r 19 I, PROPOSED AWNING OUTLINE L J / ADO 0 LA TABERNA IBERICA RESTAURANT 4k4wiir -II II ll H 0 lVE ,„(ft /z4,„,re Air AdwiP.44; d1.11 PROPOSED PLANTERS L L EXISTING PLANTER TO BE REMOVED 1 L' —1w44* LJ I - L _CJ J J / PROPOSED MAIN LEVEL BUILDING ADDITION 225 SQ. FT. ON (G.C.E.) EXISTING STAIR TO BE REMOVED PROPOSED PATIO ON (G.C.E.) 140 SQ. FT. PROPOSED PATIO ON T.O.V. PROPERTY 575 SQ. FT. PROPOSED AWNING OUTLINE PROPOSED PATIO PROPOSED PLANTER EXISTING PLANTER 100 EAST MEADOW DRIVE UNIT#10 & #15 VAIL COLORADO © COPYRIGHT STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C. ALL RIGHTS RESERVED THIS DOCUMENT, AND THE IDEAS AND DESIGNS HEREIN, AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C., AND IS NOT TO BE USED IN WHOLE OR PART WITHOUT THE WRITTEN AUTHORIZATION OF STEVEN JAMES RIDEN THE CONTRACTOR SHALL THOROUGHLY INSPECT AND SURVEY EXISTING FIELD CONDITIONS TO VERIFY THAT THOSE SHOWN REFLECT WORK ON THE DRAWINGS. THE CONTRACTOR SHALL REPORT ANY VARIATIONS OR DISCREPANCIES TO THE ARCHITECT BEFORE PROCEEDING JOB NUMBER: 17-4 DRAWN BY: TH DATE: FEBRUARY 14, 2018 ISSUE: DRB REVISION DATE 1NrnAL SD1 February 14, 2018 March 6, 2018 - Page 106 of 163 SLOPED AWNINGS 2x4 METAL AWNING BRACES (TYP.) SLIDING PATIO DOORS E I. .1_4 II lit I1 II i1 II Ii II I EXISTING SOUTH ELEVATIO\ 1/8" = 1'-0" n ®� -il .• .— I���i'.:sAN U l,'.L■■■■■■„" ■_■�■■. IIIIIIII nimmommom.� , II III 1111 0�41a�®.a04o®a040®a0�4�®Ia -161111.1 � _ __m— _m_ -1=� �! ® filo ® _� ® =mon= SIJ fi8.l��� ��e� 1 n L l osa�e®�®7o�s®lao.��®I UPPER ®h— PROPOSED SOUTH ELEVATION 1/8" = 1'-0" LEVEL 2'-2" MAIN LEVEL 0'-0" – 2x10 FASCIA – 2x6 TRIM NEW ROOFS SLOPED AWNINGS 2x4 METAL AWNING BRACES (TYP.) 4" SQ. METAL POSTS (TYP.) 2" GLASS PANELS STONE VENEER STUCCO 2" STONE CAP UPPER LEVEL 2'-2" MAIN LEVEL 0'-0" FINISHED GRADE 100 EAST MEADOW DRIVE UNIT#10 & #15 VAIL COLORADO © COPYRIGHT STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C. ALL RIGHTS RESERVED THIS DOCUMENT, AND THE IDEAS AND DESIGNS HEREIN, AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C., AND IS NOT TO BE USED IN WHOLE OR PART WITHOUT THE WRITTEN AUTHORIZATION OF STEVEN JAMES RIDEN THE CONTRACTOR SHALL THOROUGHLY INSPECT AND SURVEY EXISTING FIELD CONDITIONS TO VERIFY THAT THOSE SHOWN REFLECT WORK ON THE DRAWINGS. THE CONTRACTOR SHALL REPORT ANY VARIATIONS OR DISCREPANCIES TO THE ARCHITECT BEFORE PROCEEDING JOB NUMBER: 17-4 DRAWN BY: TH DATE: FEBRUARY 14, 2018 ISSUE: DRB # REVISION DATE INITIAL Al February 14, 2018 March 6, 2018 - Page 107 of 163 r NEW EXHAUST CHIMNEY (POWDER COAT—BLACK) NEW DROPPED SOFFIT & BEAM NEW ROOF (MATCH EXISTING PITCH) PROPOSED MECHANICAL AREA NEW SHED WALL EXI STI \ G WEST ELEVATI O\ 1/8" = 1'-0" UPPER LEVEL 2'-2" MAIN LEVEL 0'-0" / \-"Por-ort t=tr �-rE� REMOVEABLE PANEL EXISTING WALL c� P'OPOSEI WEST ELEVATIO\ NEW RECESSED LIGHTING REFINISH TRIM AWNING (NOT SHOWN) T&G SOFFIT (ALL CANTILEVERS) 1/8" = 1'-0" SLOPED AWNINGS 2x4 METAL AWNING BRACES (TYP.) 4" SQ. METAL POSTS (TYP.) 4" GLASS PANELS STONE VENEER 2" STONE CAP UPPER LEVEL 2'-2" MAIN LEVEL 0'-0" FINISHED GRADE 100 EAST MEADOW DRIVE UNIT#10 & #15 VAIL COLORADO CO COPYRIGHT STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C. ALL RIGHTS RESERVED THIS DOCUMENT, AND THE IDEAS AND DESIGNS HEREIN, AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C., AND IS NOT TO BE USED IN WHOLE OR PART WITHOUT THE WRITTEN AUTHORIZATION OF STEVEN JAMES RIDEN THE CONTRACTOR SHALL THOROUGHLY INSPECT AND SURVEY EXISTING FIELD CONDITIONS TO VERIFY THAT THOSE SHOWN REFLECT WORK ON THE DRAWINGS. THE CONTRACTOR SHALL REPORT ANY VARIATIONS OR DISCREPANCIES TO THE ARCHITECT BEFORE PROCEEDING JOB NUMBER: 17-4 DRAWN BY: TH DATE: FEBRUARY 14, 2018 ISSUE: DRB # REVISION DATE INITIAL A2 February 14, 2018 March 6, 2018 - Page 108 of 163 - UPPER LEVEL 2'-2" MAIN LEVEL O'-0" EXI STI \ G NORTH ELEVATION 1 /8" = 1'-0" C1 POPOSE3 NORTH ELEVATION NEW CHIMNEY (FREE STANDING) NEW ROOF (MATCH EXISTING PITCH) NEW DROPPED SOFFIT & BEAM SLOPED AWNING 2x4 METAL AWNING BRACES (TYP.) PROPOSED MECHANICAL AREA NEW SHED WALL UPPER LEVEL 2'-2" MAIN LEVEL O'—O" 1/8 " = 1'—O" REMOVEABLE PANEL 100 EAST MEADOW DRIVE UNIT#10 & #15 VAIL COLORADO CO COPYRIGHT STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C. ALL RIGHTS RESERVED THIS DOCUMENT, AND THE IDEAS AND DESIGNS HEREIN, AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C., AND IS NOT TO BE USED IN WHOLE OR PART WITHOUT THE WRITTEN AUTHORIZATION OF STEVEN JAMES RIDEN THE CONTRACTOR SHALL THOROUGHLY INSPECT AND SURVEY EXISTING FIELD CONDITIONS TO VERIFY THAT THOSE SHOWN REFLECT WORK ON THE DRAWINGS. THE CONTRACTOR SHALL REPORT ANY VARIATIONS OR DISCREPANCIES TO THE ARCHITECT BEFORE PROCEEDING JOB NUMBER: 17-4 DRAWN BY: TH DATE: FEBRUARY 14, 2018 ISSUE: DRB # REVISION DATE INITIAL A3 February 14, 2018 2x10 FASCIA 2x6 TRIM - SLOPED AWNINGS 2x4 METAL AWNING BRACES 4" SQ. METAL POSTS (TYP.) GLASS PANELS STONE VENEER 2" STONE CAP r� EXI STI N G EAST ELEVATION 1/8 „ = 1'-0„ D UPPER LEVEL 2'-2" MAIN LEVEL 0'-0" d m FINISHED GRADE March 6, 2018 - Page 109 of 163 III III III IIIIII III III L EXISTING INTAKE VENT DOOR AND WINDOW TO BE REMOVED PROPOSED EAST ELEVATIO\ UPPER LEVEL 2'-2" MAIN LEVEL 0'-0" 0_ 1/8" = 1'-0" 100 EAST MEADOW DRIVE UNIT#10 & #15 VAIL COLORADO CO COPYRIGHT STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C. ALL RIGHTS RESERVED THIS DOCUMENT, AND THE IDEAS AND DESIGNS HEREIN, AS AN INSTRUMENT OF PROFESSIONAL SERVICE, IS THE PROPERTY OF STEVEN JAMES RIDEN A.I.A. ARCHITECT P.C., AND IS NOT TO BE USED IN WHOLE OR PART WITHOUT THE WRITTEN AUTHORIZATION OF STEVEN JAMES RIDEN THE CONTRACTOR SHALL THOROUGHLY INSPECT AND SURVEY EXISTING FIELD CONDITIONS TO VERIFY THAT THOSE SHOWN REFLECT WORK ON THE DRAWINGS. THE CONTRACTOR SHALL REPORT ANY VARIATIONS OR DISCREPANCIES TO THE ARCHITECT BEFORE PROCEEDING JOB NUMBER: 17-4 DRAWN BY: TH DATE: FEBRUARY 14, 2018 ISSUE: DRB # REVISION DATE INITIAL A4 March 6, 2018 - Page 110 of 163 LaTaberna Iberica W � 0 O < < 0 W 20 cn QQ W > DRAWN BY SJR 02.01.2018 DESCRIPTION CONCEPT 6B A0.2 115 G STREET, SALIDA, CO 81201 970.389.0150 March 6, 2018 - Page 111 of 163 z X LaTaberna Iberica W �0 0< o0 W o CJ) Q Q W > DRAWN BY SJR 02.01.2018 DESCRIPTION CONCEPT 6B A0.3 115 G STREET, SALIDA, CO 81201 970.389.0150 March 6, 2018 - Page 112 of 163 LaTaberna Iberica W 00 0 0< o0 W (/) Q Q W > DRAWN BY SJR 02.01.2018 DESCRIPTION CONCEPT 6B 115 G STREET, SALIDA, CO 81201 970.389.0150 A0.4 March 6, 2018 - Page 113 of 163 C/7 ) u_. a X _�_.1L.= W 00 0 0< o0 W 0 cn QQ W > DRAWN BY SJR 02.01.2018 DESCRIPTION CONCEPT 6B A0.5 j•I ieLyI:4Ma fizfAII9L'RK01:1PAGIONI Iatiiiib7e; 44 A • A• 4 • • it • — • r • • t••4L •••S• • - • • - • .41: ...4a 11,7. • - .4' • - • 1:- ••• .• _ • • • - • - • • • . . •••- .4111 7 . . - V • • . . • March 6, 2018 - Page 114 of 163 z e) z MININNIBIEN1 LEM91111i *1#177CF11MC*71 w o 0< f= <0 Lu 2 0 cn < w> DRAWN BY SJR 02.01.2018 DESCRIPTION CONCEPT 6B A0.7 ;tem I:4 I BYAISION:1 MGM= 1.11 March 6, 2018 - Page 115 of 163 STEVEN JAMES ARCH I I ECT k ()E, AMf Int .1\ I\•:IIPIiT X LaTaberna Iberica W �O O< O W 20 cn QQ W > DRAWN BY SJR 02.01.2018 DESCRIPTION CONCEPT 6B A0.8 5 G STREET, SALIDA, CO 81201 970.389.0150 March 6, 2018 - Page 116 of 163 z L2 STEVEN ARCH I CECT LaTaberna Iberica W O 0 5o O < < • 0 W J cn Q Q W > DRAWN BY SJR 02.01.2018 DESCRIPTION CONCEPT 6B AO.9 5 G STREET, SALIDA, CO 81201 970.389.0150 udir ar • a • f r' • 4 r • i 1 • .11 ■ a •Y WF tF•- a L••..� �v-a-rr— Tr t -r t•TBTW a ME ' - • TT; �r✓� • ti fir• - -- - + •• .r .1= f Y�� . -... • r-� r * 4 A. r l �91, • 1 ..... .1.1.1. m ,......„,...„,._...: mA "-- .... -0 .a.. .. mlm rmrl, • b.. ., nE....• •••• .- . ...• .M. si..- ...• ....mew:2. . alp.m.•AM.. -Ali.- ... ml • 9. 4... -AO +.• Ilr 7-..,..1 ..:4.--1:,....7......7-,.....11:.... ..."..,..,17.............1...,..:"..........r........,.......7.7. ....::....t... ...: . r.:= .1 ..k.t . .........:. i- ...i.. r.-rm- a. alamar - 41,.., .MMI. •LA -1 • " • ••••••=1*5. . im• m -n- -PM =N.M. • .... •Ma AND - .....M.1•11.• m .“ . or +4M.. • m • .m•-• r-iMm. • im-MAI4F.'MPar4 +O" Al • -A• m • - • • -Sr m • Mr. AMOS ELr• . ...6 -.11•110.11,w =E. . . • 11 6,-i. min. aN NI 1•MOIMIIIPaili_L wnigm•VEMEP AL4 145.11misal -dm •"'` :row. 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'-- I th:Nr.p'.. . - 1 : . m :- 1 mr.i.ip N b el : 0 .d r: L.:.17_,S. y� 101r.:1.m.""4"-:" -w-j*D.r.-""rifffr.:4171"P • • � ,���� ��.� ��! fly;4:1 .."...iirm. 1:,..ii.-.'' • .dA.Imra'mi 1.10 I.. • '. %.,. p.r. . .....17, . .. . . .. i.;pw..... ; or :. . . , r ... . . . 0.... 17.,. ,.p.r._t..4 1 . . .. . . 1 .. i 70.0.... . p : . p . . ...zE__ , p .. . , i ... . • . . ; " i . • . p p rj . m I:0 i m r 1... . , __... . ." " ' I. mmill.m.i. . . . . . . .. 714u1:wr' . d d . I . n 1 ” . . . . . ' . : - . . aPie airy .''-_,..... - . ..0......„-: .....,•rdor..' •.`" .........wipliore.ar isdima... . . eijimiwimmiiii:piiirivi.:. '...111001 PRi.mit411.1.7ard J rt March 6, 2018 - Page 120 of 163 EAST MEADOW DRIVE - VAIL ROAD TO WILLOW BRIDGE ROAD Existing Conditions CHARACTER East Meadow Drive has been divided into two sub -areas as the east half and the west half have very different characters. The following section covers the western half of East Meadow Drive, from Vail Road to Willow Bridge Road and Vail Road from East Meadow Drive to the South Frontage Road. Although the west half of East Meadow Drive is somewhat isolated from the Village Core, the restricted vehicular traffic and the closeness of buildings to the street give this area an ambiance similar to the Village Core. This character will be reinforced as building infills occur on the south side of the street. As in many areas in Vail, pedestrians enjoy walking in the street. The primary differences between this section of East Meadow Drive and the Village Core are the presence of bus traffic and the lack of enclosure on the south side of the street. The streetscape character in this sub -area is further enhanced by the presence of two pedestrian plazas located at the Vail Village Inn (VVI) on the north side of the street. The combination of angled building alignments, stone walls, decorative paving, mature landscaping and gentle changes in grade make these plazas attractive focal points for pedestrians using East Meadow Drive. Town of Vail Streetacape Master Plan March 6, 2018 - Page 121 of 163 Page 35 Vail Road's character is changing from a street without pedestrian amenities and landscaping to one that has more pedestrian character. With the new Vail Gateway project and the Town's plans for landscaped medians and sidewalks along Vail Road, this transformation should be completed in the near future. CIRCULATION Vehicular This portion of East Meadow Drive is restricted to Town buses by control gates. Even with the control gates, it is not unusual to see a lost visitor waiting in their car for the gate arm to be raised. There are two bus stops in this area (Figure 9) but the heavy pedestrian traffic reduces bus efficiency. Pedestrian The existing buildings and plazas were constructed very close to or actually in the public right-of-way in this area, (Figure 9). Because of this alignment, and the presence of several large evergreen trees immediately adjacent to the roadway, there are areas where the public right-of-way may not be wide enough to accommodate the anticipated streetscape improvements. It would be best to formally change the right-of-way to correspond with the actual street alignment. If this is not possible, easements may be required for improvements on private property. Vail Road carries large volumes of traffic and is anticipated to do so in the future. Because of the heavy traffic, pedestrians and vehicles should be separated. On East Meadow Drive, pedestrians share the street with buses (and occasional service or emergency vehicles). Pedestrian volume is generally heavy in this area and often slows buses. Because this section of East Meadow Drive has a character that is similar to the Village Core, it is desirable to maintain this shared use of the roadway. Defining zones for the two uses is desirable. Pedestrians now are forced to walk in the roadway along Vail Road, which is incompatible with the heavy vehicular traffic found there. The sidewalks presently being installed will alleviate this problem. Town of Vail Streetscape Master Plan Page 36 March 6, 2018 - Page 122 of 163 PAVING/DRAINAGE The existing paving, within the area bounded by the control gates, is primarily concrete with tinted concrete bands at regular intervals. The concrete is cracked and settling in spots and should be replaced. From the eastern control gate to Crossroads, the roadway is asphalt. Vail Road is also paved with asphalt. The western VVI plaza is concrete with brick panels, and the eastern plaza is brick on sand. The paving treatments in these areas will not conflict with future streetscape improvements in the right-of-way. There are storm drainage problems in the area that necessitate improvements to the underground existing storm drain system. As in East Lionshead Circle, the surface flows for this area will be from north to south. Some type of curb or barrier will be required along the south side of the street to intercept and direct these flows and its location and character will need to respond to the design proposed for this area by the Master Plan. As it is likely that this sub -area will be paved with a decorative paving material, a standard concrete curb and inlet system is inappropriate. Of the major utilities, only water service is proposed to be upgraded in the near future. Vail Road will require an entirely new storm drain system that will also need to intercept flows from outside of the Streetscape Master Plan study area. Preliminary designs for Vail Road indicate that all streetscape improvements will be adjacent to the roadway and therefore, not tied to any subsurface improvement schedule. SITE AMENITIES Private artwork is located in several of the plazas. There are four wood -slat benches, one rustic wood bench at the bus stop and planter walls in the eastern -most plaza that are at seating height. There are several Town -owned, wooden barrel trash receptacles located at the bus stops and at entry points to the VVI plazas. No bike racks were noted in this sub -area. Town of Vail Streetscape Master Plan Page 37 March 6, 2018 - Page 123 of 163 LANDSCAPING UTILITIES A notable feature in this area is the lush landscape treatment of the berm along the Sonnenalp/Talisman parking lot, adjacent to the south side of the street. The berm is heavily landscaped and contains several large spruce, boulders, and flower beds. As future development occurs along the south side of the street, the major trees and screening should be maintained where possible. There is also significant landscaping along the north side of the street, primarily in several large, Town -maintained planters. Stone planters in the VVI Plazas and around the outdoor dining decks are planted with annuals in the summer months. This portion of East Meadow Drive has one of the richest landscape treatments in the Village. With the recent improvements to the Alpine Standard and the Vail Gateway Building, the landscape character of Vail Road has improved. There is still a need for additional landscaping to soften the parking lots and drop-off areas along this street. Lighting The predominate light fixture used in the area is a contemporary style, 12' tall, "cube" fixture with orange glass. This light fixture does not provide adequate light levels for the area and it would be positive to replace the "cube" lights with the "Village" light to achieve adequate lighting levels. This is mostly due to the orange glass that filters the light source. Lighting levels could also be improved by adding fixtures on the south side of the street. Lighting on Vail Road is adequate at the intersection of the South Frontage Road. Moving south, the lighting levels decrease, especially on the west side of the street, and near the intersection with East Meadow Drive. PUBLIC COMMENT Comments received included: • It was believed that much of the Sonnenalp/Talisman's existing surface parking may remain, even with Sonnenalp redevelopment, therefore the major pedestrian corridor should be located along the north side of the street. Town of Vail Streetscape Master Plan March 6, 2018 - Page 124 of 163 Page 38 • The somewhat straight, south -side of the street should be given more variation with seating areas set off from the street. • It may not be necessary to repave the entire area in "high quality" materials. Asphalt may be appropriate for some areas, like the bus lane. • Most felt that the orange "cube light" fixtures along the Vail Village Inn project were inappropriate. • The landscape berm along the south side of Meadow Drive should be preserved and enhanced. • The proposed streetscape improvements should accent the existing pedestrian plazas. Town of Vail Streetscape Master Plan Page 39 March 6, 2018 - Page 125 of 163 SOUTH FRONTAGE ROAD VAIL GATEWAY PLAZA cC a EAST MEADOW DRIVE- (VAIL ROAD TO WILLOW BRIDGE ROAD) • VERY HEAVY PEDESTRIAN USE • BUS SYSTEM EFFICIENCY GREATLY REDUCED IN THIS CORRIDOR DUE TO BUSES AND PEDESTRIANS SHARING THE STREET. • CONTROL GATES SUCCESSFULLY LIMIT VEHICULAR TRAFFIC. • LIGHTING INADEQUATE IN MOST AREAS. ALL LIGHT FDCTURES SHOULD MATCH THE DESIGNATED 'VAIL VILLAGE FIXTURE." INADEQUATE STANDING ROOM FOR NORTH SIDE BUS STOP VAIL VILLA° INN PLAZA CONCRETE PAVEMENT NEON TO BE REPLACED CROSSROADS CENTER DRIVE SAPE IMPROVEMENTS. RIGHTOF-WA SHOULD ACCENT PEDESTRIAN PLAZAS 0 ADJACENT PRIVATE PROPERTY. TALISMAN RESTRICTED ACCESS CONHGURAION OY CQA'TRO GATE AND TOTEMS INHIBITS PE DEST&ZNNIAANUNT LEGEND . LIGHTING LEGEND a FOND PARI( • o HIM GLOBE "Y o VAIL NLLAGe ouL vlLuce DVIa uoesxew iuBCeL A us RIGHT OF WAY RESTRICTED ACCESS - BUSES ONLY l Q Bus STOP PRIMARY PEDESTRIAN MOVEMENT STONE. WALLS INVENTORY/ANALYSIS EAST MEADOW DR. VAIL ROAD TO WILLOW BRIDGE RD) .,,... VAIL VILLAGE STREETSCAPE IMPROVEMENT PLAN Town of Vail Comprehensive Plan Town of Vail Streetscape Master Plan March 6, 2018 - Page 126 of 163 Streetscape Improvement Plan East Meadow Drive - Vail Road to Willow Bridge Road PRELIMINARY CONCEPTS CONCEPT A This west half of East Meadow Drive is significant because it is a heavily used pedestrian area that must also accommodate bus traffic. Accommodating and defining these two uses was the primary challenge presented by this sub -area. Other factors included enhancing the shopping experience on the north side of the street and planning for future development on the south side. All future developments proposed for this area should create interesting breaks in the linear character of the street and improve the pedestrian connection to West Meadow Drive and along Vail Road. Developments should not shade the street, nor should they "overwhelm" the street and the pedestrian areas with excessive mass and bulk. The conflicts between pedestrians and buses sharing the same roadway is not new to Vail. Until recently, however, the two uses have shared this section of East Meadow Drive without major conflicts. Serious problems are developing as the bus system reaches capacity and Vail's pedestrian usage increases. It was determined early on in the streetscape design process that the Master Plan needed to address this conflict as one of the sub -area's main goals. The early concepts examined ways to define lanes for buses and pedestrians without detracting from the pedestrian -orientated character of the area. Three basic concepts were developed in response to this goal. One of the concepts has evolved into the final plan, and the two that were not explored further focused on the following approaches: • Concept A Utilize low, 4" high, curbs to define the bus travel lane. Because the present roadway is not centered within the right-of-way, it was determined that there is not adequate room for two parallel bus lanes. Therefore, this concept used turn -outs at key points to allow buses to pass each other. Town of Vail Streetscape Master Plan March 6, 2018 - Page 127 of 163 Page 41 c. �s•al���r��N���s•�t1�ra�ta� �S wasommillair MOM No i 621;,a� .111111111.11 CONCEPT B PREFERRED STREETSCAPE PLAN The Concept Concept A was rejected for two reasons: 1) It was felt that curbs, even low ones, degraded the pedestrian experience; and 2) Turn -outs would decrease the efficiency of the buses in this area. • Concept B Keep the roadway at one elevation with no curbs to separate uses. Define the bus lane with asphalt paving and the pedestrian areas with concrete unit pavers. When east and west -bound buses needed to pass they would share the pedestrian area for a short distance. By providing lanes for each use, pedestrians would have a clear understanding of where they belonged as buses moved through the corridor. While it was felt that the basic concept for this second scheme was workable, there was wide agreement that asphalt was not an appropriate material for this sub -area and that a more durable and aesthetically pleasing paving material was needed for the bus lane. Design Concept: The preferred Streetscape Improvement Plan for East Meadow Drive -- Vail Road to Willow Bridge Road -- maintains the existing pedestrian - oriented character (Figure 10). It is felt that it is critical to maintain the opportunity for pedestrians to walk in the street. The proposed changes separate pedestrian and bus traffic by defining travel lanes with distinctive paving patterns and colors, rather than with a raised curb. Key areas are highlighted with special paving treatments and adjacent pedestrian plazas are incorporated into the Plan. The basic circulation concept for this sub -area is to establish a 30' to 40' wide paved area for buses and pedestrians. Due to right-of-way constraints, some areas will be as narrow as 25' wide. The 14' wide bus lane would be on the south side of the paved area to allow for a major pedestrian zone on the north side of the street. A minor pedestrian zone would be provided on the south side of the street (Figure 11). The primary intent of this concept is to provide the pedestrian with a "safe" zone they can easily reach when bus traffic is moving through. This system has been used effectively in transit malls in other cities and increases both safety and bus efficiency, although in the winter, when the surface is snow covered, the problem will still exist. Town of Vail Streetscape Master Plan March 6, 2018 - Page 128 of 163 Page 42 Special Features PROVIDE ADEQUATE SPACE BETWEEN TOTEMS FOR PEDESTRIAN MOVEMENT PROVIDE OPENINGS FOR BIKES ON EITHER SIDE OF CONTROL GATE TOTEM/CONTROL GATE LAYOUT Concrete unit pavers would be the primary paving material in the right-of-way. The bus lane will use a different style, color and pattern than pedestrian zones. The two zones will be separated by "soldier courses" of light colored unit paver bands or by a concrete edger. The end result will achieve pedestrian areas that flow from buildings on the north to those on the south side of the corridor, while also delineating the bus lane. Thus, the ability of pedestrians to "walk in the street" is maintained. Six to eight -foot wide sidewalks are proposed along either side of Vail Road. Portions of the sidewalks have already been completed at the Vail Gateway Building and the Alpine Standard. All new walkways will be constructed with concrete unit pavers. There are a number of features shown on the graphic for the Vail Road to Willow Bridge Road portion of West Meadow Drive. Most of these suggestions originated during the review of the Plan by the public and with Town boards and staff. • The westbound Vail Village Inn bus stop has been moved further to the east to allow for more waiting room. • The area around bus stops is highlighted by special paving treatments. The east and westbound bus stops are generally opposite each other, but there is room (20') for emergency vehicles to pass even with both buses parked at the bus stops. • In response to comments that East Meadow Drive is too linear, the Plan proposes expanding the pedestrian zones north into the Vail Village Inn plazas and south to the Sonnenalp Swiss Chalet's main entry. • Similar limitations in the selection of paving materials for adjacent private properties exist here as in the Village Core. The recommended materials and color ranges are discussed in detail in the Guidelines for Paving, Public Art, Site Furnishings, and Lighting section of this report. • The control gate and totems at the intersection of Vail Road and East Meadow Drive should be reconfigured to better accommodate east/west Town of Vail Streetecape Master Plan March 6, 2018 - Page 129 of 163 Page 43 Landscaping and Site Amenities pedestrian and bicycle flow. If necessary, the bike lanes between the totems could be signed or striped as "bike lanes." • The control gate on the east end of Meadow Drive should be moved to the east approximately 60-80 feet to prevent vehicular traffic from pulling into the east Vail Village Inn plaza. The landscaping in this area is already very strong with a number of mature evergreen trees. The berm along the south side of the street is one of the richest landscapes in the Village and should remain so. Should the Sonnenalp redevelop, it will be important to maintain a strong landscape buffer, especially along parking areas to maintain the present character of the area. There is a good balance between paving and landscaping on the north side of the street, hence no major landscaping is proposed for this area. There are low walls, benches and outdoor dining areas along the north side of the street, therefore, only benches are recommended at the bus stops. The railroad tie retaining walls at the eastbound bus stop (south side of East Meadow Drive) should be replaced by boulder walls and landscaping should be added to improve the appearance of this stop. Seasonal benches, trash receptacles and bike racks could be located as conditions dictate. The eastern Vail Village Inn plaza has a need for more seating. Landscaped medians are proposed for Vail Road. In addition to softening the corridor, it is hoped that these medians will make Vail Road appear to be less of a thoroughfare and discourage unnecessary vehicular traffic from turning on to it. Town of Vail Streetscape Master Plan March 6, 2018 - Page 130 of 163 Page 44 LEGEND SOUTH FRONTAGE ROAD GATEWAY PLAZA NES STOP RELOCATED TO PLVAA ARERIMETR MORTANDINcIDO.P,HE FOE ESGNNYBECLES ARE SAME FS MRO PEOMSFMATE IH DEFINEAoWM TTIWr�TMva I1.NF3. n PwvATE PRDPeEFT. CTOSSPC)IS ruTca NI) ART OR Bus PTOPA,1RF NEWSPAPER DISPENSER SEATING eCONCNETe UNIT PAVES. eEE:E PAVING 111) DECIDUOUS TREES 111 EVEVAVEF:N TREKS P ��vAY �ME`TO ENCOUPAGE O°SOUT TO eaEOM DGGE sloe. ROADTAIL PROPOSED PLATA EUS TRAVEL LANE PEOESPRIM PATH EAST MEADOW DR. (VAIL ROAD TO WILLOW BRIDGE RD.) VAIL VILLAGE STREETSCAPE IMPROVEMENT PLAN Town of Vail 40 Comprehensive Plan Dept, of Community Development Figure 10 Town of Vail Streetscape Master Plan March 6, 2018 - Page 131 of 163 Page 46 PRIMARY PEDESTRIAN ZONE BUS TRAVEL LANE (SHARED USE OF PEDESTRIAN ZONE WHEN BUSES PASS/ MINOR PEDESTRIAN ZONE CURB ON SOUTH SIDE TO COLLECT STORM DRAINAGE VARIES SECTION C EAST MEADOW DRIVE (VAIL RD. TO WILLOW BRIDGE RD.) VARIES Figure 11 Town of Vail Streetacape Master Plan March 6, 2018 - Page 132 of 163 Page 47 Winston Ilc 303-817-4174 jeffreyt.winston@gmail.com 1985 Glenwood Drive Boulder Colorado 80304 Preliminary Review Memorandum Date: February 26, 2018 To: Jonathan Spence From: Jeff Winston Project: 100 E. Meadow Drive #15, DRB submittal drawings dated Feb14, 2018 and entitled "La Taberna Iberica Restaurant" by Steven James Riden Architect This proposal is composed of small additions to the north and south ground floors of the existing building. For the most part, our observations are confined to the south and west elevations. The north elevation improvements appear to be minor, are consistent with the existing building materials and character, and actually reduce the building footprint. In general, it is our opinion that the south and west elevation proposals are not consistent with the relevant town plans and guidelines, and modifications are needed to make it a positive improvement to the Village. VAIL VILLAGE MASTER PLAN AND SUB -AREA CONCEPTS Master Plan The only relevant applicable Goal of the VVMP is Goal #1: ENCOURAGE HIGH QUALITY REDEVELOPMENT WHILE PRESERVING UNIQUE ARCHITECTURAL SCALE OF THE VILLAGE IN ORDER TO SUSTAIN ITS SENSE OF COMMUNITY AND IDENTITY It is our opinion that the proposed improvements, though relatively small, are not consistent with the scale, character, and identity of the Village. They could however, be modified to be /more consistent with the existing character of the building and the Village, and could become consistent with Goal #1. Sub -area Concepts The are of the proposed improvement partially addressed in Sub -area Concept #12: Separate pedestrian walk by reducing E. Meadow Drive to single bus lane. Upgrade by paving, benches, moveable planter, lighting. Bus passing/waiting at either end adjacent to bus shelters. March 6, 2018 - Page 133 of 16; Design Review Memorandum Vail -100 E Meadow Dr Page 2 of 4 Even though this is largely a pedestrian street, buses also pass frequently enough to require pedestrian refuge outside of the busway. The proposed improvement appropriates for the restaurant almost the entire pedestrian zone, leaving no refuge for pedestrians when buses are passing. As a side note, the building to the east was apparently allowed an expansion similar to what is proposed here, but with the difference the the planters in the TOV ROW still allowed some room for pedestrian passage outside of the travel lane. VAIL VILLAGE URBAN DESIGN GUIDE PLAN Urban Design Concepts In general, we are of the opinion that the proposed changes to the building do not change, and continue to be consistent with the following Urban Design Concepts: Street Enclosure, Building Height, View Corridors, Sun -Shade Areas of concern are related to the following Urban Design Concepts: Pedestrianization From the Guide Plan: A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways... Since vehicular traffic cannot be removed from certain streets (bus routes, delivery access) a totally car -free pedestrian system is not achievable throughout the entire Village. Therefore several levels of pedestrianization are proposed: This portion of East Meadow Drive is a Type 2 pedestrian street, where vehicles (buses primarily) share the street with pedestrians. This requires pedestrian refuges along the vehicle way. As mentioned above, by virtue of the proposed planter walls, the proposal usurps the entire ROW for permanent private use. Streetscape Framework Per the UDGP: ...two general types of improvements adjacent to the walkways are considered: 1. Open space & landscaping - berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park green spaces as open nodes and focal points along those routes. 2. Infill commercial storefronts expansion of existing buildings, or new infill development to create new commercial activity generators to give street life and visual interest, as attractions at key locations along pedestrian routes. It is not intended to enclose all Village streets with buildings, as in the Core Area... Rather, it is desired to have a variety of open and enclosed spaces both built and March 6, 2018 - Page 134 of 16; Design Review Memorandum Vail -100 E Meadow Dr Page 3 of 4 landscaped, which create a strong framework for pedestrian walks as well as visual interest and activity. This proposal removes a small landscaped area, which is valuable in its ability to support tall trees that provide visual interest and soften the edge of the street. This might be acceptable if it replaced the trees with interesting building storefronts, or even sidewalk dining, but in fact it cuts off the public space with planter walls and converts the public space into private. Design Considerations The relevant Design Considerations are: Walls On the east elevation, the wall extension (to enclose the building additions), and the removal of the lone existing window (on the ground floor), end up leaving an undesirable long blank wall facing the pedestrian walkway. Admittedly, replacing the existing stucco with stone facing adds some richness and interest, but it seems to be done more as a facia, without any structural hints (columns, larger stones at base, lintels) and so appears arbitrary and decorative rather than an integral part of the building foundation. Decks and Patios In general, dining decks and patios are desirable along pedestrian ways, and in other circumstances the design of this one might be considered largely consistent with the guidelines. However, because this proposal encroaches entirely into the pedestrian zone, blocks it off with planters and walls, and removes relatively mature trees in doing so, the Town should not support it. Balcony railings The severe glass patio walls and the stark steel support posts are inconsistent with the old- world character desired to be maintained in the village. This is not to say the glass should not be used, but perhaps used in a way that pays homage to the tradition of the Village. Awnings As light (fabric, steel ribs) add-on structures, the awings can be considered as a "modern" adaptation and we consider them to be whimsical and a nice diversion from the rigidity of the building itself. They should however be operable so they can be retracted from extending over the ROW when not in use. March 6, 2018 - Page 135 of 16; Design Review Memorandum Vail -100 E Meadow Dr Page 4 of 4 By way of constructive suggestions: 1. Not enclosing the dining patio with walls and planters, but rather (if possible) preserve the existing aspens in tree grates or slightly raised planters, and then use temporary devices to cordon off the patio area when used for dining. 2. If for some reason the patio walls are allowed, they could be softened by: 1. eliminating the sheer glass panels (purpose) 2. replacing or fronting the sheer glass panels with decorative metal pickets (see treatment used for 100 E. Meadow Drive).; 3. using smaller glass panels in decorative metal frame 4. using decorative support columns 3. Ground floor wall of east elevation: 1. Puncture the wall with windows to break up the uniformity 2. Add structural elements, such as expressed corner columns 3. Leave a shallow recess where the former window was located 4. Etc. March 6, 2018 - Page 136 of 16; TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Red Sandstone Elementary School Parking Structure Contract Award to Haselden Construction PRESENTER(S): Greg Hall Director of Public works and Transportation ACTION REQUESTED OF COUNCIL: The staff has requested the Town Council address the following: • Authorize the Town Manager to enter into a Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000 . BACKGROUND: The Town of Vail and the Eagle County School District are jointly constructing a four -level 160 car parking structure on the current Red Sandstone School site. The work will include extensive site work to establish a loop road around the parking structure to allow access to each level while at the same time provide a one-way loop road for school drop off and pick up. STAFF RECOMMENDATION: Staff recommends the Town Council construct the four -level structure. In addition, the Town Council should take action on the items below: • Authorize the Town Manager to enter Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000. ATTACHMENTS: Description Staff Memo March 6, 2018 - Page 137 of 16: TOWN OF VAIIL' Memorandum TO: Vail Town Council FROM: Greg Hall, Director of Public Works and Transportation DATE: March 6, 2018 SUBJECT: Red Sandstone Elementary School Parking Structure Contract Award I. PURPOSE The purpose of this discussion is to approve a construction contract with Haselden Construction for construction of the Red Sandstone Elementary School Parking Structure and to provide a progress report on the project since the last Town Council update on December 17, 2017. Information to be presented includes: • Guaranteed Maximum Price Construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in an amount not to exceed $11,500,000 • Cost and budgets for the project • Project schedule • Series of next steps for advancing the project forward II. BACKGROUND Red Sandstone Parking Structure The Town of Vail and the Eagle County School District are jointly constructing a four -level 160 car parking structure on the current Red Sandstone School site. The work will include extensive site work to establish a loop road around the parking structure to allow access to each level while at the same time provide a one-way loop road for school drop off and pick up. Since March of 2016, the Town Council has provided direction to the staff as the project has progressed. The initial design work was funded by Eagle County School District during the spring exploratory process. The following is a timeline of direction/actions approved by the Vail Town Council: May 2, 2016 • Directed the Town Manager to enter into a pre -development agreement with Eagle County School District in a form approved by the Town Attorney • Authorized the Town Manager to negotiate a design contract with the Eagle County design team in an amount not to exceed $ 900,000 • Amended the first supplemental budget by $1,300,000 August 2, 2016 March 6, 2018 - Page 138 of 16: • Provided direction on the additional design components of the project o Expansion ability for additional floors o Space conversion ability o Various design components such as, photovoltaic • Directed the Town Manager to submit the plans to Vail Resorts in accordance to the Parking Investment Agreement • Provided input and direction on the Development Agreement with Eagle County School District • Submitted formal applications to Planning and Environmental Commission for an amendment to a Conditional Use Permit and Retaining Wall Height Variance • Submitted formal application to the Design Review Board for project approval • Authorized the Town Manager to negotiate a construction contract with Haselden Construction to bring back to the Town Council for approval August 16, 2016 • Authorized the Town Manager to enter into a Development Agreement with Eagle County Schools for the Red Sandstone Parking Structure September 11, 2017 • PEC approval received September, 2017 • Vail Resorts approval of Schematic Design plans received in accordance with Parking Investment Agreement October 4, 2017 • DRB approval received October 17, 2017 • Provided direction to the design team regarding uses anticipated for the two additional floors and finalized the budget to accommodate those uses by amending the budget to accommodate the addition by $50,000. December 19, 2017 • Awarded a pre -construction contract with Haselden Construction in the amount of $257,500 February 20, 2018 • Amended the Red Sandstone Elementary School Lease III. GENERAL CONTRACTOR AND PROJECT MANAGER The design team is led by DLR architects of Denver and TAB architects of Edwards, as well as additional design sub -consultants. Haselden Construction is the selected contractor. The Town of Vail is the owner of the parking structure. The town has contracted with the design team for the design of the parking structure, driveway and lower bus lot and frontage road improvements. 2 March 6, 2018 - Page 139 of 16; Staff is requesting authorization to enter into a GMP construction contract with Haselden Construction for the construction of the Red Sandstone Elementary School Parking Structure project in an amount not to exceed $11,500,000. Haselden Construction has received competitive bids from the sub contractor community based on a construction progress set of plans. The GMP pricing within the current contract is carrying contingencies to cover the small changes which may occur in the completion of design as well as final bidding. The town, school district and contractor are prepared to enter into the GMP for the project. IV. PROJECT COSTS AND BUDGETS The May 2, 2017 preliminary total project budget for the four -level structure including all contingencies was: $14,657,900 The August, 2017 schematic design total project parking structure budget including all contingencies is: $ 14,286,912 Additional structural capacity in August 2017: $ 732,000 Final structural capacity budget adjustment on October 17, 2017: $ 50,000 Red Sandstone Parking Structure Budget: $ 15,068,912 The GMP contract price provided by Haselden Construction during the February 2018 pricing included competitive sub -contractor bids with multiple sub coverage and the added benefit of scale of both the school and parking structure being priced. The GMP contract for the project is within the budget established above. The town staff has identified additional off-site improvements to the path on the south side of the pedestrian overpass running parallel to the frontage road and connecting to the north -south walk connecting to Lionshead Village. Specifically, this walk would be heated similar to the north -south walk. The staff receives many complaints each year regarding safety concerns of pedestrians due to the grade of the walk and ice build-up caused by shade from the First Chair building. Increased use from the addition of a parking structure will only increase the town's exposure. The south side off-site improvements are estimated at: $ 287,500 North Recreation Path- Sun Vail to Pedestrian Overpass is separate recreation path project next to the Red Sandstone project on the north side of the pedestrian overpass. In the current 2018 RETT budget the North Recreation path- Sun Vail to Pedestrian Overpass is a project for recreation path improvements on the north side of the pedestrian overpass. This project is adjacent but separate from the parking structure project. The project will reduce the grades of the path to the west and make improvements to discourage the short cut bandit trails. The town did request Haselden to bid this work as an alternate. The price came in nearly double the budget. The town staff will be prepared to discuss this issue during the second reading of the first budget supplemental on March 20th. Operating Costs The town staff has estimated the annual cost to operate the new structure as follows: 3 March 6, 2018 - Page 140 of 16: Snow Removal Parking operation/sweeping Utilities Maintenance Bathroom Cleaning Annual Operating and Maintenance Cost V. COST CONTRIBUTION FOR DESIGN AND CONSTRUCTION The cost-sharing for the project is as follows: Eagle County School District Vail Resorts Parking Commitment Vail Reinvestment Authority (VRA) Preliminary Overall Budget Cost for the off- site work on the south side of 1-70 funded by VRA VI. PROJECT SCHEDULE AND NEXT STEPS The preliminary development schedule, milestones and next steps are outlined below: $ 47,000 $ 55,000 $ 11,750 $ 6,000 $ 13,100 $132,850 $ 1,500,000 $ 4,300,000 $ 9,268,912 $15,068,912 $ 287,500 • Construction Documents (CD's) • Pre -Construction Contract Award • Final CDOT approval • 50 % CD pricing Set • 50 % CD pricing • Submit for excavation and foundation permit • Award GMP Construction Contract • 100 % CD complete • Submit for complete building permit package • 100 % CD pricing Complete • Foundation permit issued • Begin construction • Complete building permit issued • Construction VII. ACTION REQUESTED The staff has requested the Town Council address the following: November -March December 19 December January 12 January -February Mid February March 6 March 8 March 8 End of March April 1 April 2 May 1 April -November 2018 • Authorize the Town Manager to enter into a Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000. VIII. STAFF RECOMMENDATION Staff recommends the Town Council construct the four -level structure. In addition, the Town Council should take action on the items below: 4 March 6, 2018 - Page 141 of 16: • Authorize the Town Manager to enter Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000. 5 March 6, 2018 - Page 142 of 16; TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 7, Series of 2018, First Reading, An Ordinance Amending Section 10-1-3 of the Vail Town Code to Add an Amendment to the 2015 International Residential Code Previously Adopted by the Town by Reference PRESENTER(S): Chris Jarecki, Chief Building Official ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance 7, Series of 2018 upon first reading. BACKGROUND: Itis clear that compliance with Section R302.1 of the International Residential Code becomes impossible when reviewing and constructing two-family dwellings (duplexes) with known lot lines that separate the units along the shared wall. Projections such as roof eaves, doors, windows and other openings are strictly prohibited by this section of the code. The practice of subdividing these properties is commonplace and this Ordinance will effectively allow for continued contemporary design and construction of these residential structures. STAFF RECOMMENDATION: Approve, approve with amendments, or deny Ordinance No. 7, Series of 2018 upon first reading. ATTACHMENTS: Description Staff Memorandum Ordinance 7, Series 2018 Exhibit A Exhibit B March 6, 2018 - Page 143 of 16; TOWN of vain f Memorandum To: Vail Town Council From: Town of Vail Community Development Department Building and Fire Board of Appeals Christopher "CJ" Jarecki, Chief Building Official Date: March 6, 2018 Subject: Ordinance No. 7, Series of 2018 — Amendment to the International Residential Code as Adopted in Ordinance No. 14, Series of 2015 Summary: The purpose of this memorandum is to provide information to the Vail Town Council regarding adoption of an Ordinance that will amend the previously adopted International Residential Code as recommended by the Building and Fire Board of Appeals. The members of the Building and Fire Board of Appeals making this recommendation are: • Mark J. Mueller, PE Structural Engineer • Steve Loftus Mechanical Engineer • Rollie Kjesbo General Contractor • Kathy Langenwalter, RA Architect • Kyle Webb, RA Architect • Mark Hollenbeck General Contractor • Mark Donaldson, RA Architect In order to ensure compliance with the provisions of the International Residential Code (IRC), it has become apparent that, due to the characteristics of the majority of two- family residential units within the Town of Vail, an exception to a code section is necessary. Background: In general, a typical "duplex" is regulated as a two-family dwelling unit in accordance with the IRC, with no assumed property line. As such, a permitted two-family dwelling under the IRC needs no additional protection for proposed openings (e.g.: windows and doors) and projections (e.g.: roof eaves). However, when performing design, code review, construction and subsequent inspections on these duplexes, it becomes 12/14/2017 Page 1 March 6, 2018 - Page 144 of 16: impossible to meet the prescriptive requirements set forth within the IRC when property/lot lines dividing the dwelling units are known to exist. The root of the situation stems from adding property lines along the shared wall of the two-family dwelling for financial gains. The practice of this type of subdivision has been in place for many years and continues to occur on a regular basis. When subdivision happens to existing buildings, the Building Department has no say in the matter and quite honestly, the addition of this "imaginary line" has not made the building any less safe. But, if the line is indicated on a new drawing when presented to the Building Department for review, it cannot be ignored and a majority of new designs cannot meet code requirements. The specific code section in question is R302, Fire -Resistant Construction (see Exhibit A). The section details the requirements for all fire-resistant rated construction when designing and building a residential structure. Within the section, Tables R302.1(1) and R302.1(2) deal specifically with exterior walls, projections, openings and penetrations and what is required of these construction elements in their relation to lot lines (i.e: separation distances). While examining the tables, it is easy to determine that when property/lot lines are indicated, any projections or openings that encroach upon those lines are not permitted — specifically when dealing with more modern, offset style duplexes which are commonplace here in Vail (see Exhibit B). This has backed the Building Department and the design community into a corner when trying to ensure code compliance. Opinions relating to this matter have been requested and received from numerous experts in the building code industry, including other Building Officials and the International Code Council. These opinions have varied slightly, but most came to the same conclusion: with automatic sprinkler systems and the use of section R104.11 of the IRC (Alternate Materials, Designs and Methods), each jurisdiction has the ability to ensure that the life safety intent of the code is achieved without meeting the specific, prescriptive methods. To quote the response received from the International Code Council — "...In my opinion, it is up to local jurisdictions to establish how they are going to address these issues..." The Building and Fire Board of Appeals feels that adopting the Ordinance will clarify how the Town of Vail is addressing the issue of walls, projections, openings or penetrations that occur along the lot line that divides the duplex and the platted property. Action Requested: Town Council shall approve, approve with modifications, or deny Ordinance No.7, Series of 2018 based on recommendation from the Building and Fire Board of Appeals. 12/14/2017 Page 2 March 6, 2018 - Page 145 of 16; Recommendation: Staff and the Building and Fire Code Board of Appeals recommends approval and adoption of Ordinance 7, Series of 2018. Thank you for your consideration in this matter. 12/14/2017 Page 3 March 6, 2018 - Page 146 of 16; ORDINANCE NO. 7 SERIES OF 2018 AN ORDINANCE AMENDING SECTION 10-1-3 OF THE VAIL TOWN CODE TO ADD AN AMENDMENT TO THE 2015 INTERNATIONAL RESIDENTIAL CODE PREVIOUSLY ADOPTED BY THE TOWN BY REFERENCE WHEREAS, the Town previously adopted the 2015 edition of the International Residential Code by reference, with amendments; and WHEREAS, the Town's Building and Fire Code Appeals Board has recommended that the Town adopt an additional amendment to the 2015 edition of the International Residential Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 10-1-3 of the Vail Town Code is hereby amended by the addition of the following amendment to the International Residential Code, 2015 edition, to be inserted in numerical order: 10-1-3: AMENDMENTS TO RESIDENTIAL CODE: * * * Section R302.1 — Exterior Walls: Section R302.1 is amended by the addition of the following: "Exception: 6. Walls, projections, openings or penetrations of two- family dwelling units with a lot line separating the units along the shared wall." 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 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 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This 1 3/1/2018 C:IUSERSICJARECKIIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIAM281 BCLIIRC AMEND - 0022818. DOCX March 6, 2018 - Page 147 of 16: 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 March, 2018 and a public hearing and second reading of this Ordinance set for the 20th day of March, 2018 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Patty McKenny, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON THE SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of March, 2018. ATTEST: Patty McKenny, Town Clerk 2 David Chapin, Mayor 3/1/2018 C:IUSERSICJARECKIIAPPDATAILOCALIMICROSOFTIWINDOWSIINETCACHEICONTENT.OUTLOOKIAM281 BCLIIRC AMEND - 0022818. DOCX March 6, 2018 - Page 148 of 16; BUILDING PLANNING TOWN COUNCIL - EXHIBIT A R301.6 Roof load. The roof shall be designed for the live load indicated in Table R301.6 or the snow load indicated in Table R301.2(1), whichever is greater. TABLE R301.6 MINIMUM ROOF LIVE LOADS IN POUNDS -FORCE PER SQUARE FOOT OF HORIZONTAL PROJECTION ROOF SLOPE TRIBUTARY LOADED AREA IN SQUARE FEET FOR ANY STRUCTURAL MEMBER 0 to 200 201 to GOO Over 600 Flat or rise less than 4 inches per foot (1:3) ZO 16 12 Rise 4 inches per foot (1:3) to less than 12 inches per foot (1:1) 16 14 12 Rise 12 inches per foot (1:I) and greater 12 12 12 For SI: 1 square foot = 0.0929 ma, 1 pound per square foot = 0.0479 kPa, 1 inch per foot = 83.3 mm/m. R301.7 Deflection. The allowable deflection of any struc- tural member under the live load listed in Sections R301.5 and R301.6 or wind loads determined by Section 8301.2.1 shall not exceed the values in Table 8301.7. TABLE R301.7 ALLOWABLE DEFLECTION OF STRUCTURAL MEMBERS" STRUCTURAL MEMBER ALLOWABLE DEFLECTION Rafters having slopes greater than 3:12 with finished ceiling not attached to rafters ]1180 Interior walls and partitions /f180 Floors L/360 Ceilings with brittle finishes (including plaster and stucco) 11360 Ceilings with flexible finishes (including gypsum board) /1240 All other structural members L1240 Exterior walls—wind loads' with plaster or stucco finish 11360 Exterior walls—wind loads' with other brittle finishes H1240 Exterior walls—wind loads' with flexible finishes 1/71205 Lintels supporting masonry veneer walls' 11600 Note: L= span length, H= span height. a. For the purpose of the determining deflection limits herein, the wind load shall be permitted to be taken as 0.7 times the component and cladding (ASD) loads obtained from Table 11301.2(2). b For cantilever members, L shall be taken as twice the length of the cantilever. c. For aluminum structural members or panels used In roofs or walls of sunroarn additions or patio covers. not supporting edge of glass or sandwich panels, the total load deflection shall not exceed L160. For continuous aluminum structural members supporting edge of glass, the total load deflection shall not exceed D175 for each glass lite or L160 for the entire length of the member, whichever is more stringent. For sandwich panels used in roofs or walls of sunroom additions or patio covers, the total load deflection shall not exceed L/120. d. Deflection for exterior walls with interior gypsum board finish shall be limited to an allowable deflection of 111180. e. Refer to Section R703.8.2. 8301.8 Nominal sizes. For the purposes of this code, dimen- sions of lumber specified shall be deemed to be nominal dimensions unless specifically designated as actual dimen- sions. SECTION R302 FIRE-RESISTANT CONSTRUCTION R302.1 Exterior walls. Construction, projections, openings and penetrations of exterior walls of dwellings and accessory buildings shall comply with Table R302.1(1); or dwellings equipped throughout with an automatic sprinkler system installed in accordance with Section P2904 shall comply with Table R302.1(2) . Exceptions: 1. Walls, projections, openings or penetrations in walls perpendicular to the line used to determine the fire separation distance. 2. Walls of dwellings and accessory structures located on the same lot. 3. Detached tool sheds and storage sheds, playhouses and similar structures exempted from permits are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line. 4, Detached garages accessory to a dwelling located within 2 feet (610 mm) of a lot line are permitted to have roof eave projections not exceeding 4 inches (102 mm). 5. Foundation vents installed in compliance with this code are permitted. R302.2 Townhouses. Common walls separating townhouses shall be assigned a fire -resistance rating in accordance with Section R302.2, Item 1 or 2. The common wall shared by two townhouses shall be constructed without plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be in accordance with Chapters 34 through 43. Penetrations of the membrane of common wails for elec- trical outlet boxes shall be in accordance with Section R302.4. 1. Where a fire sprinkler system in accordance with Section P2904 is provided, the common wall shall be not less than a I -hour fire -resistance -rated wall assembly tested in accordance with ASTM E 119 or UL 263. 2. Where a fire sprinkler system in accordance with Section P2904 is not provided, the common wall shall be not less than a 2 -hour fire -resistance -rated wall assembly tested in accordance with ASTM E 119 or UL 263. 1 50 2015 INTERNATIONAL RESIDENTIAL CODE° Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Martin Haeberle on Jul 8, 2014 5:00:38 PM pursuant to Liceast Agreement. No further reproductions authorized. March 6, 2018 - Page 149 of 16; I BUILDING PLANNING TABLE R302.1(1) EXTERIOR WALLS EXTERIOR WALL ELEMENT MINIMUM FIRE -RESISTANCE RATING MINIMUM FIRE SEPARATION DISTANCE Walls Fire resistance rated 1 hour—tested in accordance with ASTM E 119 or UL 263 with exposure from both sides 5 feet Not fire -resistance rated 0 hours z 5 feet Projections Not allowed N/A < 2 feet Fire -resistance rated 1 hour on the underside'•' 2 feet to < 5 feet Not fire -resistance rated 0 hours ? 5 feet Openings in walls Not allowed N/A < 3 feet 25% maximum of wall area 0 hours 3 feet Unlimited 0 hours 5 feet Penetrations Ali Comply with Section R302.4 < 3 feet None required 3 feet For SI: 1 foot = 204.8 mm. N/A = Not Applicable. a. Roof eave fire -resistance rating shall be permitted to be reduced to 0 hours on the underside of the cave if fireblocking is provided from the wall top plate to the underside of the roof sheathing. b. Roof cave fire -resistance rating shall be permitted to be reduced to 0 hours on the underside of the cave provided that gable vent openings are not installed. TABLE R302,1(2) EXTERIOR WALLS—DWELLINGS WITH FIRE SPRINKLERS EXTERIOR WALL ELEMENT MINIMUM FIRE -RESISTANCE RATING MINIMUM FIRE SEPARATION DISTANCE Walls Fire resistance rated 1 hour—tested in accordance with ASTM E 119 or UL 263 with exposure from the outside 0 feet Not fire -resistance rated 0 hours 3 feet' Projections Not allowed N/A < 2 feet Fire -resistance rated 1 hour on the underside' r 2 feet' Not fire -resistance rated 0 hours 3 feet Openings in walls Not allowed N/A < 3 feet Unlimited 0 hours 3 feet' Penetrations All Comply with Section R302.4 -e 3 feet None required 3 feet' For SI: 1 foot = 304.8 mm. N/A = Not Applicable a. For residential subdivisions where all dwellings are equipped throughout with an automatic sprinkler system installed in accordance with Section P2904, the Fire separation distance for nonrated exterior walls and rated projections shall be permitted to be reduced to 0 feet, and unlimited unprotected openings and penetrations shall be permitted, where the adjoining lot provides an open setback yardthat is 6 feet or more in width on the opposite side of the property line. b. The roof cave fire -resistance rating shall be permitted to be reduced to 0 hours on the underside of the cave if firebiocking is provided from the wall top plate to the underside of the roof sheathing. c. The roof eave fire -resistance rating shall be permitted to be reduced to 0 hours on the underside of the cave provided that gable vent openings are not installed. R302.2.1 Continuity. The fire -resistance -rated wall or assembly separating townhouses shall be continuous from the foundation to the underside of the roof sheathing, deck or slab. The fire -resistance rating shall extend the full length of the wall or assembly, including wall extensions through and separating attached enclosed accessory structures. R302.2.2 Parapets for townhouses. Parapets constructed in accordance with Section R302.2.3 shall be constructed for townhouses as an extension of exterior walls or com- mon walls in accordance with the following' 1. Where roof surfaces adjacent to the wall or walls are at the same elevation, the parapet shall extend not less than 30 inches (762 mm) above the roof surfaces. 2. Where roof surfaces adjacent to the wall or walls are at different elevations and the higher roof is not more than 30 inches (762 mm) above the lower roof, the parapet shall extend not less than 30 inches (762 mm) above the lower roof surface. Exception: A parapet is not required in the preced- ing two cases where the roof covering complies with a minimum Class C rating as tested in accor- dance with ASTM E 108 or UL 790 and the roof decking or sheathing is of noncombustible materi- als or approved fire -retardant -treated wood for a distance of 4 feet (1219 mm) on each side of the wall or walls, or one layer of 5/5 -inch (15.9 mm) Type X gypsum board is installed directly beneath i I i 1 i i 2015 INTERNATIONAL RESIDENTIAL CODE.' 51 Copyright to, or licensed by, ICC CALL RIGHTS RESERVED); accessed by Martin Haeberle on Jul 8, 2014 5:00:38 PM pursuant to License Agreement. No further reproductions authorized. March 6, 2018 - Page 150 of 16; BUILDING PLANNING the roof decking or sheathing, supported by not less than nominal 2 -inch (51 mm) ledgers attached to the sides of the roof framing members, for a dis- tance of not less than 4 feet (1219 mm) on each side of the wall or walls and any openings or penetra- tions in the roof are not within 4 feet (1219 mm) of the common walls. 3. A parapet is not required where roof surfaces adja- cent to the wall or walls are at different elevations and the higher roof is more than 30 inches (762 mm) above the lower roof. The common wall construc- tion from the lower roof to the underside of the higher roof deck shall have not less than a 1 -hour fire -resistance rating. The wall shall be rated for exposure from both sides. R302.2.3 Parapet construction. Parapets shall have the same fire -resistance rating as that required for the support- ing wall or walls. On any side adjacent to a roof surface, the parapet shall have noncombustible faces for the uppermost 18 inches (457 mm), to include counterflashing and coping materials. Where the roof slopes toward a parapet at slopes greater than 2 units vertical in 12 units horizontal (I6.7 -per- cent slope), the parapet shall extend to the same height as any portion of the roof within a distance of 3 feet (914 mm), and the height shall be not less than 30 inches (762 mm). R302.2.4 Structural independence. Each individual townhouse shall be structurally independent. Exceptions: 1. Foundations supporting exterior walls or com- mon walls, 2. Structural roof and wall sheathing from each unit fastened to the common wall framing. 3. Nonstructural wall and roof coverings. 4. Flashing at termination of roof covering over common wall. 5, Townhouses separated by a common wall as pro- vided in Section R302.2, Item I or 2. R302.3 Two-family dwellings. Dwelling units in two-family dwellings shall be separated from each other by wall and floor assemblies having not less than a 1 -hour fire -resistance rating where tested in accordance with ASTM E 119 or UL 263. Fire -resistance -rated floor/ceiling and wall assemblies shall extend to and be tight against the exterior wall, and wall assemblies shall extend from the foundation to the underside of the roof sheathing, Exceptions: 1. A fire -resistance rating of1/2 hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with NFPA 13. 2. Wall assemblies need not extend through attic spaces where the ceiling is protected by not less than 5!$ inch (15,9 mm) Type X gypsum board, an attic draft stop constructed as specified in Section R302.12.1 is pro- vided above and along the wall assembly separating the dwellings and the structural framing supporting the ceiling is protected by not less than t12 -inch (12.7 mm) gypsum board or equivalent. R302.3.1 Supporting construction. Where floor assem- blies are required to be fire -resistance rated by Section R302.3, the supporting construction of such assemblies shall have an equal or greater fire -resistance rating. R302.4 Dwelling unit rated penetrations. Penetrations of wall or floor -ceiling assemblies required to be fire -resistance rated in accordance with Section 8302.2 or R302.3 shall be protected in accordance with this section, R302.4.1 Through penetrations. Through penetrations of fire -resistance -rated wall or floor assemblies shall comply with Section R302.4.1.1 or R302.4.1.2. Exception: Where the penetrating items are steel, fer- rous or copper pipes, tubes or conduits, the annular space shall be protected as follows: 1. In concrete or masonry wall or floor assemblies, concrete, grout or mortar shall be permitted where installed to the full thickness of the wall or floor assembly or the thickness required to main- tain the fire -resistance rating, provided that both of the following are complied with: 1.1. The nominal diameter of the penetrating item is not more than 6 inches (152 mm). 1.2. The area of the opening through the wall does not exceed 144 square inches (92 900 mm2), 2. The material used to fill the annular space shall prevent the passage of flame and hot gases suffi- cient to ignite cotton waste where subjected to ASTM E 119 or UL 263 time temperature fire conditions under a positive pressure differential of not less than 0.01 inch of water (3 Pa) at the location of the penetration for the time period equivalent to the fire -resistance rating of the con- struction penetrated. R302,4.1.1 Fire -resistance -rated assembly. Penetra- tions shall be installed as tested in the approved fire - resistance -rated assembly. R302.4.1.2 Penetration firestop system. Penetrations shall be protected by an approved penetration firestop system installed as tested in accordance with ASTM E 814 or UL 1479, with a positive pressure differential of not less than 0.01 inch of water (3 Pa) and shall have an F rating of not less than the required fire -resistance rat- ing of the wall or floor -ceiling assembly penetrated. R302.4.2 Membrane penetrations. Membrane penetra- tions shall comply with Section R302.4.1. Where walls are required to have a fire -resistance rating, recessed fixtures shall be installed so that the required fire -resistance rating will not be reduced. Exceptions: 1. Membrane penetrations of not more than 2 -hour fire -resistance -rated walls and partitions by steel electrical boxes that do not exceed 16 square S2 2015 INTERNATIONAL RESIDENTIAL CODE* Copyright to, or licensed by. ICC (ALL RIGS-rr5 RESERVED); accessed by Martin Hadherle on Ful 8, 2014 5:00.38 PM pursuant to License Agreement, No further reproductions authorized. March 6, 2018 - Page 151 of 16; inches (0.0103 m2) in area provided that the aggre- gate area of the openings through the membrane does not exceed 100 square inches (0.0645 m2) in any 100 square feet (9.29 me) of wall area. The annular space between the wall membrane and the box shall not exceed 118 inch (3.1 mm). Such boxes on opposite sides of the wall shall be separated by one of the following: 1.1. By a horizontal distance of not less than 24 inches (610 mm) where the wall or partition is constructed with individual noncommunicating stud cavities, 1.2. By a horizontal distance of not less than the depth of the wall cavity where the wall cavity is filled with cellulose loose -fill, rockwool or slag mineral wool insulation. 1.3. By solid fireblocking in accordance with Section R302,11, 1.4. By protecting both boxes with listed putty pads. 1.5. By other listed materials and methods. 2, Membrane penetrations by listed electrical boxes of any materials provided that the boxes have been tested for use in fire -resistance -rated assem- blies and are installed in accordance with the instructions included in the listing The annular space between the wall membrane and the box shall not exceed 11$ inch (3.1 mm) unless listed otherwise. Such boxes on opposite sides of the wall shall be separated by one of the following: 2.1. By the horizontal distance specified in the listing of the electrical boxes. 2.2. By solid fireblocking in accordance with Section R302.11. 2.3. By protecting both boxes with listed putty pads. 2.4. By other listed materials and methods. 3. The annular space created by the penetration of a fire sprinkler provided that it is covered by a metal escutcheon plate. R302.5 Dwelling -garage opening and penetration protec- tion. Openings and penetrations through the walls or ceilings separating the dwelling from the garage shall be in accor- dance with Sections R302.5.1 through R302.5.3. BUILDING PLANNING 8302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 1318 inches (35 mm) in thickness, solid or honeycomb - core steel doors not less than 131$ inches (35 mm) thick, or 20 -minute fire -rated doors, equipped with a self-closing device. R302.5.2 Duct penetration. Ducts in the garage and ducts penetrating the walls or ceilings separating the dwelling from the garage shall be constructed of a minimum No. 26 gage (0.48 mm) sheet steel or other approved material and shall not have openings into the garage. R302.5.3 Other penetrations. Penetrations through the separation required in Section R302.6 shall be protected as required by Section R302.11, Item 4. R302.6 Dwelling -garage fire separation. The garage shall be separated as required by Table R302.6. Openings in garage walls shall comply with Section R302.5. Attachment of gypsum board shall comply with Table R702.3.5. The wall separation provisions of Table R302.6 shall not apply to garage walls that are perpendicular to the adjacent dwelling unit wall. R302.7 Under -stair protection. Enclosed accessible space under stairs shall have walls, under -stair surface and any sof- fits protected on the enclosed side with 112 -inch (12.7 mm) gypsum board. R302.8 Foam plastics. For requirements for foam plastics, see Section R316. R302.9 Flame spread index and smoke -developed index for wall and ceiling finishes. Flame spread and smoke devel- oped indexes for wall and ceiling finishes shall be in accor- dance with Sections R302.9.1 through R302.9.4. R302.9.1 Flame spread index. Wall and ceiling finishes shall have a flame spread index of not greater than 200. Exception: Flame spread index requirements for fin- ishes shall not apply to trim defined as picture molds, chair rails, baseboards and handrails: to doors and win- dows or their frames; or to materials that are less than 1/„ inch (0.91 mm) in thickness cemented to the surface of walls or ceilings if these materials exhibit flame spread index values not greater than those of paper of this thick- ness cemented to a noncombustible backing. TABLE R302.6 DWELLING -GARAGE SEPARATION SEPARATION MATERIAL From the residence and attics Not less than'/2-inch gypsum board or equivalent applied to the garage side From habitable rooms above the garage Not less than 5/3 -inch Type X gypsum board or equivalent Structure(s) supporting floor/ceiling assemblies used for separation required by this sectioni Not less than'1 inch gypsum board or equivalent Garages located less than 3 feet from a dwelling unit on the same lot Not less than 11z inch gypsum board or equivalent applied to the irate rior side of exterior walls that are within this area or 5I: I inch = 25.4 mm. 1 foot = 304.8 mrn. i 2015 INTERNATIONAL RESIDENTIAL CODE' 53 Copyright to, or licensed by, ICC (ALL. RIGHTS RESERVED); accessed by Marlin Haeberle on Jul 8, 2014 5:00:38 PM pursuant to License Agreement. No further reproductions authorized. March 6, 2018 - Page 152 of 16; BUILDING PLANNING R302.9.2 Smoke -developed index. Wall and ceiling fin- ishes shall have a smoke -developed index of not greater than 450. 8302.9.3 Testing. Tests shall be made in accordance with ASTM E 84 or UL 723. R302.9.4 Alternative test method. As an alternative to having a flame spread index of not greater than 200 and a smoke -developed index of not greater than 450 where tested in accordance with ASTM E 84 or UL 723, wall and ceiling finishes shall be permitted to be tested in accor- dance with NFPA 286. Materials tested in accordance with NFPA 286 shall meet the following criteria: The interior finish shall comply with the following: 1. During the 40 kW exposure, flames shall not spread to the ceiling. 2. The flame shall not spread to the outer extremity of the sample on any wall or ceiling. 3. Flashover, as defined in NFPA 286, shall not occur. 4. The peak heat release rate throughout the test shall not exceed 800 kW. 5. The total smoke released throughout the test shall not exceed 1,000 m2, 8302.10 Flame spread index and smoke -developed index for insulation. Flame spread and smoke -developed index for insulation shall be in accordance with Sections 8302.10.1 through R302.10.5. 8302.10.1 Insulation. Insulation materials, including fac- ings, such as vapor retarders and vapor -permeable mem- branes installed within floor -ceiling assemblies, roof - ceiling assemblies, wall assemblies, crawl spaces and attics shall have a flame spread index not to exceed 25 with an accompanying smoke -developed index not to exceed 450 where tested in accordance with ASTM E 84 or UL 723. Exceptions: 1. Where such materials are installed in concealed spaces, the flame spread index and smoke -devel- oped index limitations do not apply to the fac- ings, provided that the facing is installed in substantial contact with the unexposed surface of the ceiling, floor or wall finish. 2. Cellulose fiber loose -fill insulation, that is not spray applied, complying with the requirements of Section R302.10.3, shall not be required to meet the smoke -developed index of not more than 450 and shall be required to meet a smoke - developed index of not more than 450 where tested in accordance with CAN/ULC S102.2. 3. Foam plastic insulation shall comply with Sec- tion R316. 8302.10.2 Loose -fill insulation. Loose -fill insulation materials that cannot be mounted in the ASTM E 84 or IJL 723 apparatus without a screen or artificial supports shall comply with the flame spread and smoke -developed limits 54 of Section 8302.10.1 where tested in accordance with CAN/ULC 5102.2. Exception: Cellulosic fiber loose -fill insulation shall not be required to be tested in accordance with CAN/ ULC SI02.2, provided such insulation complies with the requirements of Sections R302.10.1 and R302.10.3. 8302.10.3 Cellulosic fiber loose -fill insulation. Cellu- losic fiber loose -fill insulation shall comply with CPSC 16 CFR, Parts 1209 and 1404. Each package of such insulat- ing material shall be clearly labeled in accordance with CPSC 16 CFR, Parts 1209 and 1404. 8302.10.4 Exposed attic insulation. Exposed insulation materials installed on attic floors shall have a critical radi- ant flux not less than 0.12 watt per square centimeter. R302.10.5 Testing. Tests for critical radiant flux shall be made in accordance with ASTM E 970. R302.11 Fireblocking. In combustible construction, fire - blocking shall be provided to cut off both vertical and hori- zontal concealed draft openings and to form an effective fire barrier between stories, and between a top story and the roof space. Fireblocking shall be provided in wood -framed construc- tion in the following locations: 1. In concealed spaces of stud walls and partitions, includ- ing furred spaces and parallel rows of studs or stag- gered studs, as follows: 1.1. Vertically at the ceiling and floor levels. 1.2. Horizontally at intervals not exceeding 10 feet (3048 mm). 2. At interconnections between concealed vertical and horizontal spaces such as occur at soffits, drop ceilings and cove ceilings. 3. In concealed spaces between stair stringers at the top and bottom of the run. Enclosed spaces under stairs shall comply with Section R302.7. 4. At openings around vents, pipes, ducts, cables and wires at ceiling and floor level, with an approved mate- rial to resist the free passage of flame and products of combustion. The material filling this annular space shall not be required to meet the ASTM E 136 require- ments. 5. For the fireblocking of chimneys and fireplaces, see Section R1003.19. 6. Fireblocking of cornices of a two-family dwelling is required at the line of dwelling unit separation. 8302.11.1 Fireblocking materials. Except as provided in Section R302.11, Item 4, fireblocking shall consist of the following materials. 1. Two-inch (51 mm) nominal lumber. 2. Two thicknesses of 1 -inch (25.4 mm) nominal lum- ber with broken lap joints. 3. One thickness of 23/32 -inch (18.3 mm) wood struc- tural panels with joints backed by 23/32 -inch (18.3 mm) wood structural panels. 2015 INTERNATIONAL RESIDENTIAL CODE° 1 I Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Marin Haeberle on Jul 8, 2034 5:00:38 PM pursuant to License Agreement. No further reproductions authorized. March 6, 2018 - Page 153 of 16; I 4. One thickness of 3/4 -inch (19.1 mm) particleboard with joints backed by 314 -inch (19.1 mm) particle- board. 5. One -half-inch (12.7 mm) gypsum board. 6. One -quarter -inch (6.4 mm) cement -based millboard. 7. Batts or blankets of mineral wool or glass fiber or other approved materials installed in such a manner as to be securely retained in place. 8. Cellulose insulation installed as tested in accordance with ASTM E 119 or UL 263, for the specific appli- cation. R302.11.1.1 Batts or blankets of mineral or glass fiber. Batts or blankets of mineral or glass fiber or other approved nonrigid materials shall be permitted for compliance with the 10 -foot (3048 mm) horizontal fireblocking in walls constructed using parallel rows of studs or staggered studs. R302.11.1.2 Unfaced fiberglass. Unfaced fiberglass batt insulation used as fireblocking shall fill the entire cross section of the wall cavity to a height of not less than 16 inches (406 min) measured vertically. Where piping, conduit or similar obstructions are encountered, the insulation shall be packed tightly around the obstruction. R302.11.1.3 Loose -fill insulation material. Loose -fill insulation material shall not be used as a fireblock unless specifically tested in the form and manner intended for use to demonstrate its ability to remain in place and to retard the spread of fire and hot gases. R302.11.2 Fireblocking integrity. The integrity of fire - blocks shall be maintained. R302.12 Draftstopping. In combustible construction where there is usable space both above and below the concealed space of a floor -ceiling assembly, draftstops shall be installed so that the area of the concealed space does not exceed 1,000 square feet (92.9 m2). Draftstopping shall divide the con- cealed space into approximately equal areas. Where the assembly is enclosed by a floor membrane above and a ceil- ing membrane below, draftstopping shall be provided in floor -ceiling assemblies under the following circumstances: 1. Ceiling is suspended under the floor framing. 2. Floor framing is constructed of truss -type open -web or perforated members. R302.12.1 Materials. Draftstopping materials shall be not less than t12 -inch (12.7 mm) gypsum board, 31:3 -inch (9.5 mm) wood structural panels or other approved materials adequately supported. Draftstopping shall be installed par- allel to the floor framing members unless otherwise approved by the building official. The integrity of the draftstops shall be maintained. * * R302.13 Fire protection of floors. Floor assemblies that are not required elsewhere in this code to be fire -resistance rated, shall be provided with a 'l inch (12.7 mm) gypsum wall- board membrane, 5/8 -inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor fram- ing member. Penetrations or openings for ducts, vents, elec- i BUILDING PLANNING trical outlets, lighting, devices, luminaires, wires, speakers, drainage, piping and similar openings or penetrations shall be permitted. Exceptions: 1. Floor assemblies located directly over a space pro- tected by an automatic sprinkler system in accor- dance with Section P2904, NFPA 13D, or other approved equivalent sprinkler system. 2. Floor assemblies located directly over a crawl space not intended for storage or fuel -fired appliances. 3. Portions of floor assemblies shall be permitted to be unprotected where complying with the following: 3.1. The aggregate area of the unprotected portions does not exceed 80 square feet (7.4 m2) per story 3.2. Fireblocking in accordance with Section R302.11.1 is installed along the perimeter of the unprotected portion to separate the unprotected portion from the remainder of the floor assem- bly. 4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or greater than 2 -inch by 10 -inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies dem- onstrating equivalent fire performance. R302.14 Combustible insulation clearance. Combustible insulation shall be separated not less than 3 inches (76 mm) from recessed luminaires, fan motors and other heat -produc- ing devices. Exception: Where heat -producing devices are listed for lesser clearances, combustible insulation complying with the listing requirements shall be separated in accordance with the conditions stipulated in the listing. Recessed luminaires installed in the building thermal envelope shall meet the requirements of Section N1102.4.5 of this code. SECTION R303 LIGHT, VENTILATION AND HEATING R303.1 Habitable rooms. Habitable rooms shall have an aggregate glazing area of not less than 8 percent of the floor area of such rooms. Natural ventilation shall be through win- dows, skylights, doors, louvers or other approved openings to the outdoor air. Such openings shall be provided with ready access or shall otherwise be readily controllable by the build- ing occupants. The openable area to the outdoors shall be not less than 4 percent of the floor area being ventilated. Exceptions: 1. The glazed areas need not be openable where the opening is not required by Section R310 and a whole -house mechanical ventilation system is installed in accordance with Section M1507. 2. The glazed areas need not be installed in rooms where Exception 1 is satisfied and artificial light is provided that is capable of producing an average i I 2015 INTERNATIONAL RESIDENTIAL CODE° 55 Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Martin Haeberlc on Jul 8, 2014 5:110:38 PM pursuant to License Agreement. No further reproductions authorized. March 6, 2018 - Page 154 of 16; XA MPLL r D rFsEr -Du PLA X (Trio NJE-L_Ltio67) [I NTT 0'04114 — OPesINfq gooF 6A4E Ro»F EA A1C pAWrg NIA Lc- Nsr D PENS iuti March 6, 2018 - Page 155 of 16; TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance 5, Series 2018, Second Reading, Ordinance amending Chapter 4 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 Ebike Memorandum Ordinance No. 5 Series of 2018 March 6, 2018 - Page 156 of 16; TOWN OF VAILL Memorandum To: Vail Town Council From: Department of Public Works Date: March 6, 2018 Subject: Second 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 The Town Council passed, on first reading, 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. This item includes revisions discussed at the February 20, 2018 meeting. The final Ordinance is attached for review and adoption. II. BACKGROUND A. Electronic Personal Assistive Mobility Devices Two revisions have been made since the February 20th first reading. They include an exemption to EPAMDs on a tour that would otherwise require an audible device to be attached to the vehicle. In addition, the age limit has been reduced from age 16 to age 12. In summary, 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 • EPAMDs on a tour will be exempt from the requirement for an audible device • The minimum age will be reduced to age 12 from age 16 • 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. March 6, 2018 - Page 157 of 16: 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: • 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. 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 IV. 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 March 6, 2018 - Page 158 of 16; 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 3/1/2018 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINACNE NO 5.DOCX March 6, 2018 - Page 159 of 16: 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. D. Minimum Age: An EPAMD shall only be operated by persons twelve (12) years of age or older. E. Equipment: All EPAMDs operated within the town shall be equipped with an audible warning device with the exception of EPAMDs used as part of a guided EPAMD tour. (Ord. 13(2011) § 3). Section 3. Subsections B. and C. of Section 7-4-5 of the Vail Town Code are hereby amended as follows: 2 3/1/2018 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINACNE NO 5.DOCX March 6, 2018 - Page 160 of 16: 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 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 3/1/2018 11VWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINACNE NO 5.DOCX March 6, 2018 - Page 161 of 16; 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 Dave Chapin, Mayor 4 3/1/2018 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINACNE NO 5.DOCX March 6, 2018 - Page 162 of 16; VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 9:20 p.m. TOWN Of UAIL March 6, 2018 - Page 163 of 16;