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HomeMy WebLinkAbout2018-03-20 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, March 20, 2018 TOWN Of 4IAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Appointments for Boards and Commissions 2.1. Design Review Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint three members to serve on DRB for two-year terms. 2.2. Planning and Environmental Commission Appointments Presenter(s): Dave Chapin, Town Mayor Action Requested of Council: Appoint four members to PEC to serve two- year terms beginning April 1, 2018 and ending March 31, 2020. 3. Consent Agenda 3.1. Resolution No. 11, Series of 2018 A Resolution in Support of the Great Outdoors Colorado Grant Application for the Gore Creek Riparian Habitat Restoration; and Setting forth details in Regard Thereto 3.2. Resolution No. 12, Series of 2018 A Resolution Approving a Modification of Grant or Agreement Between the Town of Vail and USDA, Forest Service White River National Forests Eagle/Holy Cross Ranger District Regarding the Control and Eradication of Noxious Weed and Invasive Plant Species; and Setting forth Details in Regard Thereto 3.3. Resolution No. 13, Series of 2018, A Resolution Adopting an Amended Budget and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Vail Local Marketing District for its Fiscal Year January 1, 2018 Through December 31, 2018 5 min. 5 min. March 20, 2018 - Page 1 of 89 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager 5. Presentations / Discussion 5.1. Colorado Classic Bike Race Update (including the public release of the circuit route for Stage 1 in Vail on August 16, 2018) Presenter(s): Mia Vlaar, Economic Development Director, Mike Imhof, Vail Valley Foundation Action Requested of Council: No action required. Information update only. Background: Vail is hosting the first two stages of the Colorado Classic on August 16 & 17, 2018. The racing format of Stage 1 of the race on Thursday, August 16, 2018 is an exciting spectator friendly circuit race. Town of Vail staff and numerous stakeholders have been working diligently since early January to identify a circuit route that is unique, challenging, spectator friendly, and as least impactful to residents, businesses, and our guests as possible. Staff Recommendation: Staff recommends the route as proposed. 5.2. Chamonix Vail Neighborhood Development Update Presenter(s): George Ruther, Director of Community Development Action Requested of Council: No action is required. Background: The purpose of this presentation is to share a report on the ongoing progress of the Chamonix Vail Neighborhood development. The Chamonix Vail development is progressing ahead of schedule and on budget. More than 1/2 of the 32 new townhomes are completed and currently being occupied by new Vail residents and their families. All of the homes will be closed and occupied by April 30th. The development is scheduled to be 100% on or before June 18, 2018 when the final step in construction, the landscape work, is completed. 6. Action Items 6.1. 2018 Summer Parking Plan Update Presenter(s): Greg Hall Director of Public Works/Transportation Action Requested of Council: Provide direction to the staff regarding the Summer 2018 Parking plan to include: * Direct staff to implement the paid overnight fee structure for the Summer 2018 as in the staff memo * Amend the second reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation Background: The Vail Town Council directed staff to return with a recommended rate and policies to implement an overnight fee to free up additional parking spaces. The goal of the policy is to reduce cars which are being stored or parked in the structure overnight to free mores spaces up during the day for guests. In addition, reduce the number of times the parking structures fill and/or parking overflows onto the frontage roads. Staff Recommendation: Staff recommends the Town Council approves the recommendations for the Summer Parking Plan. Direct staff to implement the paid overnight fee structure for the Summer 2018 as recommended in the staff memo Amend the second reading of the first budget supplemental 5 min. 20 min. 10 min. 20 min. March 20, 2018 - Page 2 of 89 for 2018 to provide an additional $160,000 for the program implementation. 7. Public Hearings 7.1. Ordinance No. 6, Series of 2018, Second Reading, An Ordinance Making 15 min. 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 Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 6, Series 2018. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 6, Series 2018. 7.2. Ordinance No. 7, Series of 2018, Second Reading, An Ordinance 10 min. 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 second reading. Background: The purpose of Ordinance No. 7, Series of 2018 is to clarify that compliance with Section R302.1 of the International Residential Code 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 allows for continued design and construction of these residential structures as has been the practice for many years. Ordinance No. 7, Series of 2018 was unanimously Approved (6-0) on First Reading with no changes. Staff Recommendation: Approve, approve with amendments, or deny Ordinance No. 7, Series of 2018 upon second reading. 8. Adjournment 8.1. Adjournment 8:15 pm 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 20, 2018 - Page 3 of 89 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Design Review Board Appointments PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Appoint three members to serve on DRB for two-year terms. BACKGROUND: March 20, 2018 - Page 4 of 89 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Planning and Environmental Commission Appointments PRESENTER(S): Dave Chapin, Town Mayor ACTION REQUESTED OF COUNCIL: Appoint four members to PEC to serve two-year terms beginning April 1, 2018 and ending March 31, 2020. March 20, 2018 - Page 5 of 89 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 11, Series of 2018 A Resolution in Support of the Great Outdoors Colorado Grant Application for the Gore Creek Riparian Habitat Restoration; and Setting forth details in Regard Thereto ATTACHMENTS: Description Resolution No. 11 Series of 2018 March 20, 2018 - Page 6 of 89 RESOLUTION NO. 11 SERIES OF 2018 A RESOLUTION IN SUPPORT OF THE GREAT OUTDOORS COLORADO GRANT APPLICATION FOR THE GORE CREEK RIPARIAN HABITAT RESTORATION; 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 State Board of the Great Outdoors Colorado ("GOCO") Trust Fund is a political subdivision of the State of Colorado which invests a portion of the net proceeds of the Colorado Lottery into the state's parks, wildlife, open space and recreational resources; WHEREAS, the Town applied for a $38,847 grant from GOCO to restore the riparian habitat in Gore Creek (the "Project"); WHEREAS, the Council's approval of Resolution No. 11, Series of 2018, is required for the Town to apply for the GOCO grant. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE VAIL TOWN COUNCIL OF THE TOWN OF VAIL THAT: Section 1. The Council hereby approves the application for a grant with GOCO and authorizes the Town Manager to enter into the agreement with GOCO. Section 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 20th day of March 2018. Dave Chapin Town Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 11, Series of 2018 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 GRANT AGREEMENT PROJECT: Project Title: Gore Creek Riparian Habitat Restoration Contract Number: 18854 Final Completion Date: December 15, 2019 Board: PARTIES TO AGREEMENT: The State Board of the Great Outdoors Colorado Trust Fund 1900 Grant Street, Suite 725 Denver, CO 80203 Grantee: Town of Vail 75 South Frontage Road, Vail, CO 81657 RECITALS A. The State Board of the Great Outdoors Colorado Trust Fund ("GOCO" or the "Board") is a political subdivision of the State of Colorado, created by Article XXVII of the Colorado Constitution, adopted at the November 1992 General Election, which article appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the Board to invest those proceeds in the state's parks, wildlife, open space and recreational resources. B. In 2017, the Board offered a statewide grant program pursuant to which eligible entities could apply for grants for habitat restoration projects on eligible properties. C. Grantee submitted a detailed application ("Project Application") to the Board for a habitat restoration grant, which contemplates the execution of the project entitled and described above ("Project"). The parties acknowledge that they have on file a complete copy of the Project Application, which is incorporated by reference. D. The Board approved Grantee's Project Application on December 15, 2017, subject to the execution of a detailed grant agreement. The parties intend this agreement to be the detailed final grant agreement required by the Board ("Agreement"). Updated 11/2017 Page 1 of 13 March 20, 2018 - Page 8 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 AGREEMENT NOW, THEREFORE, in consideration of the parties' mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are incorporated into this Agreement. 2. Representations and Warranties of Grantee. a. Grantee is a Municipality, duly organized in accordance with the laws of Colorado and has full and lawful authority to enter into, and comply with the terms of, this Agreement. b. Grantee's governing body has authorized entering into this Agreement as evidenced by the resolution attached and incorporated as Exhibit A. c. Grantee warrants that the land upon which the Project is to be performed is either (1) owned by a land trust or other private party and is permanently protected by a conservation easement or other permanent use restriction or (2) publicly owned open space. 3. Grant and Proiect. Subject to the terms and conditions set forth in this Agreement, the Board awards to Grantee a sum not to exceed $38,847.00 ("Grant"). The Grant shall be used by Grantee solely to complete the Project, in substantial conformity with the final plans, specifications, designs and uses approved by the Board. 4. Project Scope. Grantee shall not materially modify the Project or the Budget, as defined below, without the prior written approval of the Executive Director of GOCO ("Executive Director") or the Executive Director's designee, such approval to be in GOCO's sole discretion. Any material modification to the Project undertaken without GOCO's prior written consent may be deemed a breach of this Agreement by GOCO, entitling GOCO to all remedies available under this Agreement. If Grantee determines with reasonable probability that the Project will not or cannot be completed as approved by GOCO, Grantee will promptly advise the Board in writing and cooperate in good faith to seek a resolution before any further funds are advanced. 5. Approved Budget. Grantee has completed a detailed budget that reflects all anticipated sources and uses of funds for the Project, including a detailed accounting of Grantee's anticipated direct costs and indirect costs associated with the Project, a copy of which is attached and incorporated as Exhibit B ("Budget"). The Project Application contains a budget that may not match the approved version attached as Exhibit B and which, therefore, shall not be relied upon by GOCO or Grantee. Where discrepancies exist, the approved Budget in Exhibit B shall control until such time as GOCO approves the final version. Updated 11/2017 Page 2 of 13 March 20, 2018 - Page 9 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 6. Insurance. Grantee shall maintain general liability insurance for the entire period of the Project that covers all staff and volunteers participating in the Project, for protection in the event of injury and/or damage. The insurance limits shall not be less than $1,000,000 per occurrence and $2,000,000 aggregate. If the Grantee contracts with another organization to complete the Project, it is the responsibility of the Grantee to ensure its contractor carries insurance that fulfills this requirement. 7. Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and workmanlike manner, and consistent with this Agreement and GOCO's approvals related to the Project. 8. Completion Date. Grantee shall complete the Project and submit the Final Report described below no later than December 15, 2019 ("Project Completion Date"), which is two calendar years after the Board's approval of the Project. Grantee may request an extension of the Project Completion Date in compliance with GOCO's Overdue Grants procedure, which is attached as Exhibit C, as may be amended from time to time by GOCO in its sole discretion. If Grantee determines with reasonable probability that the Project will not or cannot be completed by the Project Completion Date or any extended completion date, Grantee will promptly advise the Board in writing and cooperate in good faith to seek a resolution before any further funds are advanced. 9. Future Funding. This Agreement and the Grant only apply to the Project specifically described in this Agreement. GOCO makes no representations regarding future funding for future phases of the Project or any other projects, whether or not described in the Project Application. 10. Matching Funds. Grantee shall obtain the matching cash and in-kind contributions for the Project as reflected in the approved Budget or any approved modifications and as required by GOCO, and shall provide evidence of match as GOCO may require in its reasonable discretion. 11. Disbursement of Funds. Once the Project is complete, Grantee shall submit a final report to GOCO detailing the accomplishments of and expenditures related to the Project ("Final Report"). The Project is complete when all restoration efforts proposed in the Project Application have been completed. The Final Report must be submitted using GOCO's Habitat Restoration Program Final Report Form (available at www.goco.org or by contacting GOCO). In its discretion, GOCO may request additional documentation before its approval of the Final Report. Upon GOCO's approval of the Final Report, GOCO shall pay the funds awarded through the Grant, subject to any reductions or delays contemplated by any provision of this Agreement. 12. Conditions for Disbursement of Funds. The Grant is subject to the following requirements and conditions. a. The Grant and all matching funds shall be used only for those eligible costs proposed in the Project Application. The Grant and all matching funds may not be used to pay for Updated 11/2017 Page 3 of 13 March 20, 2018 - Page 10 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 ineligible expenses including but not limited to non -fixed asset purchases (such as maintenance equipment), fundraising costs, any real property purchases, or any other costs deemed to be ineligible by the Board, at the Board's sole discretion. b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by Grantee. All costs exceeding $1,000 must be supported by written documentation (receipts, bills, etc.). In its discretion and depending on the nature of the Project, GOCO may require documentation of mechanics' lien waivers or waivers of claims to public project performance bonds as a precondition to any disbursement under this Agreement. c. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this Agreement, no material modifications may be made to the Project. Material modifications to the Project to which GOCO has not agreed may result in a reduction in the Grant. "Material Modifications" may include, but are not necessarily limited to, a reduction in the total cost of the Project, a reduction in the size or number of restoration components to be completed, changes to the nature of the restoration or volunteer components of the Project, or any other variance from the Project as presented in the Project Application. It is the sole responsibility of Grantee to inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to contact GOCO in writing when it becomes aware of or wishes to make any such modifications, however seemingly minor, to the Project. 13. Payment of Grant Subject to Sufficient Net Lottery Proceeds. Payment of the Grant is subject to GOCO's determination in its sole discretion that it has received and has available sufficient net lottery proceeds to fund the Grant and that Grantee has complied with this Agreement, including Grantee's fulfillment of all conditions precedent to funding. In determining the sufficiency of net lottery proceeds, GOCO may consider all facts and circumstances as it deems necessary or desirable in its discretion, including, but not limited to adequate reserves, funding requirements and/or commitments for other past, current and future grants, and past, current and future GOCO operating expenses and budgetary needs. 14. Project Operation and Maintenance. GOCO shall not be liable for any cost of maintenance, management or operation of the Project incurred after the original or any extended Project Completion Date. 15. Storytelling. If storytelling costs were awarded as part of the Grant, the following requirements apply: a. The Grantee may not modify its storytelling (also referred to as "marketing and communications") strategy from the proposal submitted in the Project Application without prior approval by GOCO communications staff. If GOCO staff determines the marketing and communications strategy requires additional planning, GOCO may ask the Grantee to submit more details for approval prior to GOCO releasing the storytelling portion of the Grant. However, any need for additional storytelling planning will not affect GOCO's payment of the remainder of the Grant for the Project. GOCO will release Updated 11/2017 Page 4 of 13 March 20, 2018 - Page 11 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 the storytelling portion of the Grant upon its final approval of the marketing and communications strategy. b. Eligible costs include staff time and contractor expenses to plan and manage the storytelling project, as well as direct costs to produce marketing and communications materials and events to highlight the project to the conservation community and the public at large. GOCO funding shall not be used to supplement the Grantee's regular communications efforts or for storytelling on unrelated projects. c. Incorporate the GOCO and Colorado Lottery logos into marketing and communications materials. For example, include the logos in the footer of a website, within the closing frame of video, and/or wherever is most appropriate. Do not alter the logos in any way. Submit a request for current logos to info@goco.org. d. Visual and written content with GOCO branding must be reviewed and approved by GOCO before it is distributed publicly. This includes any content drafted for press releases, fact sheets, talking points, social media, websites, and the like that mentions Great Outdoors Colorado or GOCO, as well as any visual materials such as video rough cuts, beta websites, and online display ads. Send drafts or proofs of materials to info@goco.org. Please allow three business days for review and approval. e. The materials produced and/or events hosted with GOCO's storytelling funding must be completed within one year of Project completion, unless GOCO permits additional time because it requires further storytelling strategy planning in accordance with Paragraph 15.a. above. The Grantee shall provide status updates to GOCO communications staff within one month of Project completion and every six months thereafter, or more frequently if appropriate, while the work is in progress. After completion, the Grantee must provide GOCO with copies of any materials that were produced and/or event summaries, a final project budget, copies of invoices/receipts for all cash expenditures over $1,000, and a description of the work completed. GOCO staff may request additional information. f. All materials, publications, artwork, videos, photographs, websites, and any other work product developed as a result of GOCO's storytelling funding will be the sole and exclusive property of the Grantee. However, GOCO reserves the right to use and duplicate such materials and work product in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre -approval from the Grantee. g. The Grantee must have the permission of the property owner and/or conservation easement or use restriction holder prior to beginning any marketing and communications involving the property. 16. Compliance with Regulatory Requirements and Federal and State Mandates. Grantee assumes responsibility for compliance with all regulatory requirements in all applicable areas, including but not limited to nondiscrimination, worker safety, local labor preferences, Updated 11/2017 Page 5 of 13 March 20, 2018 - Page 12 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 preferred vendor programs, equal employment opportunity, use of competitive bidding, permits, approvals, local, state and federal regulations and environmental laws, and other similar requirements. To the maximum extent permitted by law, Grantee will indemnify and hold the Board, Executive Director, and GOCO staff harmless from any liability for any failure to comply with any such applicable requirements. 17. Nondiscrimination. During the performance of this Agreement, Grantee and its contractors, subcontractors and agents shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age or sex, or any other basis prohibited by local, state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 18. Publicity and Project Information. a. Grantee shall acknowledge Board funding in all publicity issued by it concerning the Project. b. Grantee shall cooperate with GOCO in preparing public information pieces, providing access to the Project for publicity purposes to the extent allowed by the landowner, and providing photos or other imagery of the Project from time to time, which GOCO reserves the right to use and duplicate in any print or electronic publication or platform for publicity, illustration, advertising, web content, and other purposes at any time without the need to seek pre -approval from the Grantee. c. Grantee shall give the Board the right and opportunity to use information gained from the Project. d. Grantee shall give the Board a minimum of 30 days' notice of Project grand openings, dedications, or other events. e. At no time shall Grantee represent in any manner to the public or to any party that it is affiliated with GOCO or acting on behalf of GOCO. 19. Liability. a. Grantee shall be responsible for, and to the extent permitted by law (including any constitutional or statutory limitations on the ability of a governmental entity to provide indemnification), indemnify, defend and hold harmless the Board, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs (including reasonable legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee's performance of this Agreement. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State of Colorado, the Board, its members, officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. Updated 11/2017 Page 6 of 13 March 20, 2018 - Page 13 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 b. Grantee acknowledges that Grantee is the owner of the Project and the property upon which it is located, or has managerial control of the Project or the property, and that GOCO neither possesses nor controls the Project, the property, nor the operations of the Project. c. Anything else in this Agreement to the contrary notwithstanding, no term or condition of this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of the immunities, rights, benefits or protections provided to the Board under the Colorado Governmental Immunity Act ("CGIA") as amended or as may be amended in the future (including, without limitation, any amendments to such statute, or under any similar statute that is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for protection under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. The Board and Grantee understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the Board, its members, officials, agents and employees may be controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA limits the liability of the Board, its members, officers, agents and employees. 20. Audits and Accounting. Grantee shall maintain standard financial accounts, documents, and records relating to the use, management, and operation of the Project. Grantee shall retain the accounts, documents, and records related to the Project for not less than five years following the final date of disbursement of funds under this Agreement. The Board, or its designated agent, shall have the right, upon reasonable notice to Grantee, to audit the books and records of Grantee that pertain to the Project and to the use and disposition of the Grant. While Grantee is not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use reasonable and appropriate accounting systems in maintaining the required records under this Agreement. 21. Inspection. Throughout the term of this Agreement, GOCO shall have the right to inspect the Project to ascertain compliance with this Agreement. 22. Withdrawal of Board Funding; Termination of Agreement. Anything in this Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that: a. facts have arisen or situations have occurred that fundamentally alter the expectations of the parties or make the purposes for the Grant as contemplated infeasible or impractical; b. any material modifications in the scope or nature of the Project have occurred from that which was presented in the Project Application approved by GOCO and such material modifications have not received the prior written approval of GOCO; Updated 11/2017 Page 7 of 13 March 20, 2018 - Page 14 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 c. any statement or representation made by Grantee in the Project Application, this Agreement, the Final Report, or otherwise is untrue, inaccurate or incomplete in any material respect; d. the results of GOCO's review of the Final Report is not acceptable to GOCO; e. the Project will not or cannot be completed by the Project Completion Date or any extensions granted, or delays in the implementation of the Project have occurred which, in the Board's judgment, make the Project impracticable; f. the Project will not or cannot be completed within the Budget or any approved modifications, or the total Project cost and/or Grantee's matching funding are reduced without GOCO's prior written approval; g. title to or encumbrances against the property are or become such that Grantee is unable to complete the Project. 23. Breach. a. In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, the Board may elect to enforce any and all remedies available at law or in equity, including without limitation any of the following: i. Prior to payment of Grant: A. Withdraw the Grant and terminate this Agreement; and, B. Deny Grantee eligibility for participation in future Board grants, loans or projects. ii. After payment (partial or full) of Grant: A. Deny Grantee eligibility for participation in future Board grants, loans or projects; B. Seek specific performance of Grantee's obligations under this Agreement; C. Receive reimbursement in full, or in part, of disbursement made under the Grant. b. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event GOCO must pursue any remedy under this Agreement and is the substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees, including costs of collection. Updated 11/2017 Page 8 of 13 March 20, 2018 - Page 15 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 24. Good Faith. There is an obligation of good faith on the part of both parties, including the obligation to make timely communication of information that may reasonably be believed to be material to the other party. 25. Assignment. Grantee may not assign its rights or delegate its obligations under this Agreement without the express written consent of the Board, which consent shall be in the discretion of the Board. Any assignment shall require that, at a minimum, the assignee is eligible to receive grants from the Board and assumes Grantee's ongoing obligations under this Agreement. 26. Applicable Law. This Agreement shall be governed by the laws of the State of Colorado, and venue for any dispute under this Agreement shall lie exclusively in the City and County of Denver. 27. No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture, partnership, employer/employee or other relationship between the parties other than independent contracting parties. Neither party shall have the express or implied right to act for, on behalf of, or in the name of the other party. 28. Severability. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purpose of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. If any provision of this Agreement is declared void or unenforceable, it shall be deemed severed from this Agreement, and the balance of this Agreement shall otherwise remain in full force and effect. 29. Time is of the Essence. Time is of the essence in this Agreement. 30. Survival. The terms and provisions of this Agreement and the parties' covenants under this Agreement shall survive the funding of the Grant and the completion of the Project. 31. Fax and Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one agreement. In addition, the parties agree to recognize signatures to this Agreement made electronically and transmitted electronically or by facsimile as if they were original signatures. 32. Third -Party Beneficiary. The Board and Grantee acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between the Board and Grantee and that no third -party beneficiaries are intended. 33. Notice. Any notice, demand, request, consent, approval or communication that either party desires or is required to give the other shall be in writing and either served personally or sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement. 34. Construction. Each party has reviewed this Agreement, and therefore any usual rules of construction requiring that ambiguities be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. Updated 11/2017 Page 9 of 13 March 20, 2018 - Page 16 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 35. Waiver. The failure of either party to enforce a term of this Agreement shall not be deemed a waiver of such term or right of enforcement as to that breach or any subsequent breach. No waiver shall be enforceable under this Agreement unless signed by the party against whom the waiver is sought to be enforced. 36. Entire Agreement. Except as expressly provided in this Agreement, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes to this Agreement shall be valid unless made in writing, approved by the Board, and signed by the parties. 37. Termination of the Board. If Article XXVII of the Colorado Constitution, which established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another entity, the rights and obligations of GOCO under this Agreement shall be assigned to and assumed by such other entity as provided by law, but in the absence of such direction, by the Colorado Department of Natural Resources or its successor. IN WITNESS WHEREOF, the parties by signature below of their authorized representatives execute this Agreement effective as of . STATE BOARD OF THE GREAT GRANTEE: OUTDOORS COLORADO TRUST FUND Town of Vail By: By: Chris Castilian Title: Executive Director GOCO Program Staff: Route Grant Agreement to Executive Director for signature: Updated 11/2017 Page 10 of 13 March 20, 2018 - Page 17 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 EXHIBIT A RESOLUTION Updated 11/2017 Page 11 of 13 March 20, 2018 - Page 18 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 EXHIBIT B PROJECT BUDGET (Submit a new budget if the project numbers have changed.) Updated 11/2017 Page 12 of 13 March 20, 2018 - Page 19 of 89 DocuSign Envelope ID: 9BD11 EA3-4C29-44EA-9CDC-4E47CDDD53C7 EXHIBIT C OVERDUE GRANTS PROCEDURE GOCO understands that there are unforeseen circumstances that may interfere with a grantee's ability to complete a project by the project completion date set forth in the grant agreement. This procedure outlines the options available to grantees to extend a grant deadline. 1) Staff Extensions: Staff can grant an extension for at least 90 days and up to the date of the next scheduled GOCO Board meeting beyond that 90 days. A grantee may only request one staff extension per project. a. The grantee must submit a request for a staff extension prior to the original project completion date via email or postal mail to the appropriate GOCO program staff. b. Requests must include the following: a) grantee name; b) project title; c) contract number from the grant agreement; d) original project completion date; e) percent of project completed to date or due diligence items completed to date for land acquisitions; f) reason for delay; g) estimated date of project completion or closing; and h) estimated date of final report submission to GOCO, if applicable. c. Staff will notify the grantee via email of the decision to grant or deny the request for a staff extension. 2) Board Extensions: If the grantee needs more time than a staff extension would provide, the grantee must request a board extension. A grantee can request a second board extension if needed, although this is not a favorable action. a. The grantee must submit a request for a board extension prior to the original or staff -extended project completion date. b. The board will consider the request for board extension at its next scheduled meeting. Staff will notify the grantee via email of the board's decision to grant or deny the request for a board extension. c. Requests for a second board extension must follow all of the procedures listed above. 3) To request a staff or board extension, notify your grant coordinator, who will create an extension request form in GOCO's online portal system for you to complete and submit. 4) GOCO expects the grantee to request the appropriate amount of time needed to complete the project. Failure to complete a project by the original due date, or by any extended due dates authorized by staff or the board, may result in the de -authorization of the grant and a suspension from applying in future grant cycles. Updated 11/2017 Page 13 of 13 March 20, 2018 - Page 20 of 89 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 12, Series of 2018 A Resolution Approving a Modification of Grant or Agreement Between the Town of Vail and USDA, Forest Service White River National Forest's Eagle/Holy Cross Ranger District Regarding the Control and Eradication of Noxious Weed and Invasive Plant Species; and Setting forth Details in Regard Thereto ATTACHMENTS: Description Resolution No. 12 Series of 2018 Memorandum Resolution No. 12, Series of 2018 March 20, 2018 - Page 21 of 89 TOWN OF VAILL Memorandum To: Vail Town Council From: Department of Public Works Date: March 6, 2018 Subject: Resolution 12 Series 2018 Town of Vail / U.S. Forest Service Weed Management Partnership I. INTRODUCTION At the February 20th Town Council meeting, the Council agreed to fund $15,000 towards labor for noxious weed management along the Town of Vail / U.S. Forest Service (USFS) boundary. This continues a partnership started with the USFS in 2016. Resolution 12 Series 2018 adopts a Modification of Grant or Agreement IGA with the USFS, extending the original Participating Agreement IGA adopted by Resolution 18, Series 2016. II. STAFF RECOMMENDATION Staff recommends adoption of Resolution 12 Series 2018 III. ACTION REQUESTED BY COUNCIL Staff requests that the Council consider adoption of Resolution 12, Series 2018. Attachments: Resolution 12, Series 2018 Modification of Grant or Agreement March 20, 2018 - Page 22 of 89 RESOLUTION NO. 12 Series 2018 A RESOLUTION APPROVING A MODIFICATION OF GRANT OR AGREEMENT BETWEEN THE TOWN OF VAIL AND USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST'S EAGLE/HOLY CROSS RANGER DISTRICT REGARDING THE CONTROL AND ERADICATION OF NOXIOUS WEED AND INVASIVE PLANT SPEICIES; 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 and the U.S. Forest Service (the "Parties") share a common interest in improving or protecting the current condition of the watershed and lands within the Town; WHEREAS, the success of invasive plant management depends upon cooperative approaches due to the movement of these species across jurisdictional boundaries; WHEREAS, Resolution 18, Series 2016 adopted the Participating Agreement between the Town and the U.S. Forest Service to collaborate on specific restoration, enhancement, and/or protection efforts related to noxious weed and invasive plant species control and eradication; WHEREAS, the Participating Agreement provides for the interchange of services, equipment, supplies, and technical assistance; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to continue the partnership; WHEREAS, the Modification of Grant or Agreement effectively continues this partnership; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The Council hereby approves the Modification of Grant or Agreement and authorizes the Town Manager to enter into the March 20, 2018 - Page 23 of 89 Modification of Grant or Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 2. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 20th day of March, 2018. Dave Chapin, Mayor Patty McKenny, Town Clerk March 20, 2018 - Page 24 of 89 USDA Forest Service OMB 0596-0217 FS -1500-19 MODIFICATION OF GRANT OR AGREEMENT PAGE OF PAGES 1 7 L U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER: 16 -PA 11021507-046 2. RECIPIENT/COOPERATOR GRANT or AGREEMENT NUMBER, IF ANY: 3. MODIFICATION NUMBER: 1 4. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip + 4): White River National Forest Program Contact: Stephen Elzinga 24747 US Hwy 24/PO Box 190 Minturn, CO 81645 Phone: 970 328-5896 FAX: 970 827-5715 E -Mail: selzinga@fs.fed.us 5. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING PROJECT/ACTIVITY (unit name, street, city, state, and zip + 4): White River National Forest Administrative Contact: Clark M. Woolley 900 Grand Avenue Glenwood Springs, CO 81601 Phone: 970-945-3227 E -Mail: cmwoolley@fs.fed.us 6. NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, 4, county): Town of Vail Contact: Gregg Barrie Project Landscape Architect 1309 Elkhorn Dr. Vail, CO 81657 Telephone: 970-479-2337 FAX: 970-479-2166 Email: GBarrie@vailgov.com state, and zip + 7. RECIPIENT/COOPERATOR'S 1 -11 -IS SUB ACCOUNT NUMBER (For HI -IS payment use only): 8. PURPOSE OF MODIFICATION CHECK ALL THAT APPLY: This modification is issued pursuant to the modification provision in the grant/agreement referenced in item no. 1, above. a CHANGE IN PERFORMANCE PERIOD: Extends the agreement to 12/31/2020 a CHANGE IN FUNDING: Non -funded partnership agreement. ADMINISTRATIVE CHANGES: a OTHER (Specify type of modification): Incorporates 2018/2019 Operating Plans Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect. 9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed): Modification Number 1 incorporates the 2018/2019 Operating Plan, Financial Plan, and Map Exhibit to the Agreement. See attached documents. 10. ATTACHED DOCUMENTATION (Check all that apply): Operating Plans 2018/2019 a Financial Plan a Other: Map March 20, 2018 - Page 25 of 89 USDA Forest Service OMB 0596-0217 FS -1500-19 11. SIGNATURES AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE -REFERENCED THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT GRANT/AGREEMENT. 11.A. TOWN OF VAIL SIGNATURE 11.B. DATE SIGNED 11.C. U.S. FOREST SERVICE SIGNATURE 11.D. DATE SIGNED (Signature of Signatory Official) (Signature of Signatory Official) 11.E. NAME (type or print): GREG CLIFTON 11.F. NAME (type or print): ): SCOTT G. FITZWILLIAMS 11.G. TITLE (type or print): Town Manager, Town of Vail 11.H. TITLE (type or print): Forest Supervisor, White River National Forest 12. G&A REVIEW 12.A. The authority and format of this modification have been reviewed and approved for signature by: 12.B. DATE SIGNED CLARK M. WOOLLEY U.S. Forest Service, Grants & Agreements Specialist Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. March 20, 2018 - Page 26 of 89 S USDA Forest Service OMB 0596-0217 FS -1500-19 EXHIBIT A Operating Plan, Financial Plan, and Map Operating Plan: 2018/2019 Goal Control and eradication of noxious weeds and invasive plants on public and private lands, within the watersheds in and adjacent to Town of Vail and on the White River National Forest. Objectives - Coordinate a cooperative weed management program for consistent management on a landscape scale. - Collaborate and treat Federal lands as well as town roads or town administered properties. - Conduct treatments on town administered lands, targeting areas and species which will be complementary to the town noxious weed control efforts. - Conduct inventories of roadside noxious weed infestations. Methods - Utilizing various ground pesticide application equipment (backpack, UTV, horse or truck mounted sprayers) treat all detected State of Colorado listed noxious weeds with Environmental Protection Agency (EPA) approved herbicides and ensure their labels are strictly adhered to. - Evaluate/monitor treatment effectiveness - Evaluate treatment effectiveness Treatment Areas The areas to be treated under this agreement are identified in annual meeting with the identified town weed program manager. - Proposed project areas may include: o East Vail Units o Middle Vail Units o West Vail Units - Acreage treated will be dependent upon the severity of the weed infestations. Reporting - A copy of the daily application records along with map locations of the weed infestations will be submitted to the town weed program manager, no later than September 30th annually. Expected Results and Environmental Compliance The results of this collaboration: 75-85% mortality of treated noxious weeds, resulting in each following year's herbicide input to decline. All environmental compliance and permitting for the project have been completed. March 20, 2018 - Page 27 of 89 S USDA Forest Service OMB 0596-0217 FS -1500-19 March 20, 2018 - Page 28 of 89 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 13, Series of 2018, A Resolution Adopting an Amended Budget and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Vail Local Marketing District for its Fiscal Year January 1, 2018 Through December 31, 2018 ATTACHMENTS: Description Memo and Ord. No. 13 March 20, 2018 - Page 29 of 89 TOWN OFD } Memorandum To: Vail Town Council From: Vail Local Marketing District Advisory Council Date: March 20, 2018 Subject: Vail Local Marketing District 2018 Supplemental I. SUMMARY On Tuesday afternoon you will be asked to approve Resolution 13, amending the 2018 Vail Local Marketing District budget. II. FUNDING REQUESTS The purpose of this supplemental is to reflect decisions that occurred since the 2018 budget was finalized. On December 19th, 2017 Council approved a $310,000 Council Contribution for the Colorado Classic bike race event, with $200,000 to be contributed from the Vail Local Marketing District and the remaining $110,000 from the Town of Vail's General Fund. The above adjustment will result in a projected fund balance of $836,244, or approximately 26% of annual revenues, within Council's directive of 25% of annual revenues. March 20, 2018 - Page 30 of 89 Vail Local Marketing District 2018 Budget 2017 Amended (Unaudited) 2017 2018 1st 2018 Actual Budget Supplemental Amended Income Lodging Tax 3,300,000 3,276,976 3,200,000 3,200,000 Interest Income 2,000 147 2,000 2,000 Total Income 3,302,000 3,277,123 3,202,000 3,202,000 Expense Destination 1,285, 500 1,359,423 1,182, 548 1,182,548 International 273,000 280,048 235,052 235,052 Front Range 264,000 265,231 222,000 222,000 Groups and Meetings 752,965 670,198 756,375 756,375 Public Relations Expenses 115,000 120,242 85,200 85,200 Content/Influencer Strategy - 100,000 100,000 Photography / Video 258,000 241,800 112,000 112,000 Research 136,088 140,506 84,365 84,365 Web Site 104,000 69,384 50,000 50,000 Admin Miscellaneous 7,487 6,831 8,000 8,000 Email Marketing 6,500 6,500 6,500 6,500 Branding 110,000 110,000 98,000 98,000 Professional Fees Vail App - 35,000 35,000 Legal and Accounting 25,000 25,000 25,000 25,000 Advertising - 48,000 48,000 Advertising Agent Fees 45,000 45,000 45,000 45,000 Marketing Coordination-TOV 95,000 90,000 95,000 95,000 Marketing Coordination-VVP 40,000 45,000 40,000 40,000 Professional Fees - MYPR 132,460 132,460 124,960 124,960 Ft Range Promotion Fees 22,000 22,000 22,000 22,000 Total Professional Fees 359,460 359,460 434,960 434,960 Special Event Funding Special Event Funding Pro -Cycling Challenge Event Liason Total Special Events Total Expense Net Income 53,000 25,000 78,000 3,990 25,000 3,990 25,000 200,000 200,000 25,000 225,000 3,750,000 3,633,612 3,400,000 3,600,000 (448,000) (356,489) (198,000) (398,000) Beginning Fund Balance 1,590,734 Ending Fund Balance %age Fund Balance (25% required) 1,590,734 1,142,734 91,511 1,234,245 1,142,734 1,234,245 944,734 836,245 35% 2 38% 30% 26% March 20, 2018 - Page 31 of 89 RESOLUTION NO. 13 SERIES OF 2018 A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL YEAR JANUARY 1, 2018 THROUGH DECEMBER 31, 2018 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"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, C.R.S. §29-25-110 requires the Council's annual approval of the operating plan the Vail Local Marketing District (the "VLMD"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council approves the operating plan and budget of the VLMD for marketing related expenditures beginning on the first day of January, 2018, and ending on the 31St day of December, 2018. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 20th day of March, 2018. Dave Chapin, Town Mayor Attested: Patty McKenney, Town Clerk Resolution No. 8, Series of 2018 March 20, 2018 - Page 32 of 89 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report PRESENTER(S): Greg Clifton, Town Manager ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 March 20, 2018 - Page 33 of 89 TOWN OF VAIL 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOPICS • Olympic Viewing Data • Annual Legislative Meeting • Mayors & Managers Meeting • 1-70 Coalition • Eagle County Special Operations Unit TOWN MANAGER REPORT - March 20th TOWN COUNCIL MEETING Olympic Viewing Town Manager's Office 970.479.2106 970.479.2157 fax Final numbers at the pop-up station for Olympics viewing at Checkpoint last month are below. The attendance averaged approximately 40 people per day While it was my intent to include this in the previous report, I hope that the information is still relevant. Date Attendance 9 -Feb 6 10 -Feb 55 11 -Feb 56 12 -Feb 55 13 -Feb 53 14 -Feb 46 15 -Feb 69 16 -Feb 44 17 -Feb 36 18 -Feb 85 19 -Feb 38 20 -Feb 44 21 -Feb 39 22 -Feb 14 23 -Feb 11 24 -Feb 13 25 -Feb 5 Total 665 March 20, 2018 - Page 34 of 89 Annual CAST Legislative Meeting The meeting on March 15th was a success, and well attended. I provided the agenda in the previous Manager's Report. Notable was the update from the CDOT Executive Director, Michael Lewis, who spoke at length about the statewide infrastructure needs and the pending citizen initiative to seek voter approval for increased revenues to help capitalize these needs. Stay tuned on that one ... we are indeed anticipating a ballot measure in the fall. Also of interest was the update regarding economic trends and projections in Colorado from the Leeds School of Business, and a very informative presentation from the State Land Board, with Director Bill Ryan speaking. I will forward the Powerpoint presentations with some accompanying notes by email, for your review, in the days to follow. The day was capped off with Denver Mayor Hancock speaking about housing and transportation, and the exploratory Olympic bid. The evening included an honorary award to retired Frisco Manager Bill Efting. Stan Zemler offered some nice commentary to accompany the award. I enjoyed having a nice discussion with some of our State Legislators, including Senator Kerry Donovan. Mayors & Managers Meeting The bi-monthly meeting occurred in Eagle on March 9th. Attendance was good. There was a very informative discussion and presentation by the Eagle County School District, focusing upon the $144M bond measure and the resulting capital improvements to the numerous school facilities within the District. These projects are being successfully implemented with numerous partnerships, public and private. The meeting also included an update from the consultants for the County on transit, which was a recap of what Council reviewed in the preceding joint meeting with the County Commissioners. Finally, there was an informative discussion of health care in the region, and specifically the associated costs. Commissioner Jill Ryan led this particular discussion. 1-70 Coalition The Board met on March 12th in Frisco. The entire discussion was focused upon the four emerging proposals for a potential statewide ballot measure related to transportation funding. These four proposals, each involving some level of sales tax increase, are being vetted with the intent of identifying the best measure to advance to the voters under a citizen initiative. Much more information will be provided on this as the proposals are refined in the weeks to follow. Stay tuned as we will be providing an informative update when it is ready for dissemination. Town Manager's Report Page 2 March 20, 2018 - Page 35 of 89 Eagle County Special Operations Unit The Eagle County Special Operations Unit (SOU) is made up of officers from Vail Police Department, Avon Police Department and the Eagle County Sheriff's Office. There are also medical personnel from the Eagle County Paramedic Services and local doctors. The Team took advantage of the Federal Bureau of Investigations (FBI) Hostage Rescue Team (HRT) being in Eagle County recently to conduct training. Several members of HRT volunteered their time to put SOU through two days of hostage rescue training. The training culminated in several scenarios including multiple role players and different venues. During the exercises, SOU used two FBI helicopters to quickly travel to and coordinate the rescue of the "hostages". The working relationship and bond between the agencies continues to strengthen with these collaborative trainings and drills. Moreover, the importance of this depth of readiness is becoming increasingly evident in recent times. I was fortunate to observe a portion of the exercises and included a couple of images as attached. Town Manager's Report Page 3 March 20, 2018 - Page 36 of 89 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Colorado Classic Bike Race Update (including the public release of the circuit route for Stage 1 in Vail on August 16, 2018) PRESENTER(S): Mia Vlaar, Economic Development Director, Mike Imhof, Vail Valley Foundation ACTION REQUESTED OF COUNCIL: No action required. Information update only. BACKGROUND: Vail is hosting the first two stages of the Colorado Classic on August 16 & 17, 2018. The racing format of Stage 1 of the race on Thursday, August 16, 2018 is an exciting spectator friendly circuit race. Town of Vail staff and numerous stakeholders have been working diligently since early January to identify a circuit route that is unique, challenging, spectator friendly, and as least impactful to residents, businesses, and our guests as possible. STAFF RECOMMENDATION: Staff recommends the route as proposed. ATTACHMENTS: Description Memo Colorado Classic Bike Race Presentation Letter March 20, 2018 - Page 37 of 89 TOWN OFD To: From: Date: Vail Town Council Economic Development Department March 15, 2018 Subject: Colorado Classic — Public Release of Thursday's Circuit Route Action Requested: No action required. Information update only. Memorandum Background: Pro cycling has been a staple and legacy in Vail that began with the Red Zinger in 1975 followed by the Coors Classic and USA Pro Cycling Challenge. Since the departure of the USA Pro Cycling Challenge in 2014, Vail has been without a signature summer pro cycling event. The Colorado Classic was successfully launched in the summer of 2017 with four stages of professional women and men's racing. The Vail Valley Foundation and RPM presented a funding request to the Town Council on December 19, 2017 for two stages of the 2018 Colorado Classic to be held in Vail. . The Town Council approved the funding and in-kind request. The event will take place over three days, including two stages of racing accompanied by two nights of Whistle Pig Vail headliner music at the Gerald R. Ford Amphitheater. The three days from August 16 — 19 were identified by a VLMDAC (Vail Local Marketing District Advisory Council) task force as a "need weekend" in terms of increasing occupancy rates and revenues for businesses in the Town of Vail. Route Selection Process: Town of Vail staff and numerous stakeholders have been working diligently since early January. The goal is to identify a circuit route that is unique, challenging, spectator friendly, and least impactful as possible to residents, businesses, and our guests. The stakeholders involved over the past two months include: • Town of Vail Police • Town of Vail Town Manager and Directors • Town of Vail Public Works • Town of Vail Fire • Town of Vail Economic Development Office • Vail Valley Foundation • Medalist Sports • RPM 3/15/2018 • CDOT • USFS • Vail Resorts • Vail Health • Colorado State Patrol • Eagle County Paramedic Services • Vail Recreation District • Event Review Committee • Commission on Special Events Page 1 March 20, 2018 - Page 38 of 89 There were three main objectives that the stakeholders took into consideration during the circuit route planning process: 1. The UCI (governing body for professional cycling) has specific route requirements including rider safety, total distance, elevation gain/loss, road width, and start/finish areas. 2. The route must provide an exciting guest and spectator experience, support businesses, and highlight the natural environment and unique characteristics that make the Town of Vail the premier mountain resort destination in North America. 3. Consider and minimize the traffic impacts, road closures, and vehicle access for residents, businesses, guests, and all organizations within the Town of Vail. The stakeholders involved in the planning process believe that the final route is the best option and balances all three objectives. Route Impacts: The circuit race route will require temporary road closures between 9:OOam — 3:OOpm on Thursday, August 16, affecting vehicle access to residents and businesses in certain neighborhoods. Emergency vehicle access to these neighborhoods will be maintained. The route does allow for the following: • Vail Village parking structure to remain open to the public • Lionshead parking structure to remain open to the public prior to 9:OOam and after 3:OOpm • No closures of the Main Vail, West Vail, or East Vail roundabouts • Overflow parking and modified bus routes on North Frontage Rd and the Frontage Rd in East Vail • Continued access for emergency vehicles and patients to Vail Health • Continued access for emergency vehicles to all neighborhoods, businesses, and residents Communication and Next Steps: Town of Vail staff and the Vail Valley Foundation have created a communications plan to ensure all businesses, residents, lodges, and our guests are notified of the impacts the race will have on daily operations within the Town of Vail. The communications plan includes: • Neighborhood postcard mailing to 4,000 with additional copies for distribution to businesses • Neighborhood brochure mailing to 4,000 with additional copies for distribution, plus digital version • Parking and bus route handout for drive up visitors, plus digital version • Newspaper ads, Radio ads, TV 8 segments • Social Media — Facebook, Twitter • Town of Vail events including Community Picnics, etc. • CDOT communication on variable message boards in the 1-70 corridor 3/15/2018 Page 2 March 20, 2018 - Page 39 of 89 Thursday's circuit route was released to the public on Thursday, March 15, 2018. The rollout was delivered via a combination of digital newsletter, direct mail postcard, social media, radio, and newspaper. Additionally, the microsite www.coloradoclassicvail.com has been launched, which includes the route map, race schedule, FAQs, and more event information. All communication will direct the community to this site to learn more. The main www.coloradoclassic.com site will redirect to the microsite as well. As next steps, Town of Vail staff, Vail Valley Foundation, RPM, and all key stakeholders will continue to finalize details for the race. This will include discussions with Town of Vail boards & commissions such as VEAC (Vail Economic Advisory Council), VLMDAC (Vail Local Marketing District Advisory Council), and CSE (Commission on Special Events). Town of Vail Code Enforcement Officer Alan Hernandez will be the designated point person to receive feedback, concerns, and any questions from residents, businesses, and guests. 3/15/2018 Page 3 March 20, 2018 - Page 40 of 89 COLORADO CLASSIC VAIL AUG 16-11, 20181 STAGES 1-1 Ton OFO itvau¢w March 20, 2018 - Page 41 of 89 VAIL TOWN COUNCIL March 20, 2018 COLORADO CLASSIC VAIL Come for the racing, stay for the music The Colorado Classic is a four day bike event in the state of Colorado, with two stages hosted in the Town of Vail. • Thurs., August 16: Men's + Women's Circuit Race • Fri., August 17: Men's + Women's Time Trial This high profile, pro cycling tour will provide excitement, energy, and economic benefit for our resort town; with 20,000+ estimated fans in attendance from Thursday - Saturday and potential for 500-1000 room nights booked through the tour. The event will dovetail with Whistle Pig Vail headliner music performances at the Gerald R. Ford Amphitheater on Aug. 17 + 18, extending in to the weekend and rounding -out this identified need period. March 20, 2018 - Page 42 of 89 `TEuvIn ¢ingc o.,A i G. ,,,., e „ i+ r;; s r; -,: V 50 , i' f 7-ELEVEIIdm 89 COLORADO CLASSIC VAIL "Classic racing returns to most cycle -loving state in America" - CNN Pro cycling is in Vail's DNA The Colorado Classic is continuing a heritage of pro cycling that began in 1975 with the Red Zinger race which became the Coors Classic. Early pro races featured spectator -friendly circuit races through the Village - a major aspect of their success. The Colorado Classic is following a proven path to pro cycling prestige by rejuvenating familiar courses from those historic races. Wow Nti 11 r ,. 4 1014 'ill t Marc Treli SCI COLORADO CLASSIC VAIL 1 CIRCUIT COUR5E COURSE HIGHLIGHTS: - &75 mile loop (.13O total miles) -15-10 total laps - +12,000 feet of climbing COLORADO CLASSIC VAIL AUG 16-1), 2018 / STAGES 2 Cifitimy March 20, 2018 - Page 45 of 89 COLORADO CLASSIC VAIL 1 TIME TRIAL COURSE COURSE HIGHLIGHTS: -13 2 miles total distance - 21.7% max slope - 2,572 feet of elevation gain COLORADO CLASSIC VAIL AUG 16-17, 2018 / STAGES 12 7(•�y ,7 F � I h1644LA March 20, 2018 - Page 46 of 89 COLORADO CLASSIC VAIL Route Communication Strategy The Town of Vail, RPM and the Vail Valley Foundation are working hand in hand with a large number of local stakeholders to assure all route information is clearly communicated to those potentially impacted by the event routes within the Town of Vail. To date, the routes have been communicated in the following manner: ✓ Letters to stakeholders, Vail businesses and potentially affected residents via email and a direct mailing to over 5,000 Vail addresses ✓ Communication via Town of Vail, VVP, VRD and VCBA newsletters ✓ Press release to the local media outlets Continued Communication Efforts: ✓ Additional releases and letters will be sent as further information develops ✓ Up to date information can be found at coloradoclassicvail.com ✓ A neighborhood liaison has been established to help answer any questions from Town of Vail residents r.- March 20, 2018 - Page 48 of 89 COLORADO CLASSIC VAIL AUG 16-1], 2018 / STAGES 1-2 VAIL V TOWN Qf VAIL7 FOUNDATALLIONEY March 15, 2018 Dear neighbor, This August, pro cycling will be making a return to the Town of Vail. It's a legacy that began in Vail in 1975 with the start of the Red Zinger pro cycling tour, and has continued with events like the Coors Classic, the UCI World Mountain Biking Championships, and the USA Pro Challenge. In December of 2017, the Vail Town Council approved support for two days of pro cycling via the Colorado Classic cycling race, in partnership with the Vail Valley Foundation and RPM Events Group. On Thursday, Aug. 16, the Colorado Classic event will feature a spectator -friendly circuit race that will loop men's and women's pro cyclists through Vail Village, and fans will be encouraged to watch from designated areas in appropriate locations throughout the route. On Friday, Aug. 17, the route will take racers up the legendary Time Trial route from Vail Village to the top of Vail Pass. 0935 • utin Y L�t:i RICYC!F ;.:I.HictS Coors Classic circuit race, Vail Village, 1985. Photo by Dave Parsons. It's important to note that this event will require temporary road closures in select neighborhoods during the race window. Emergency ingress/egress will always be allowed but there will be delays with guests or homeowners getting in and out of their hotels, condos or homes in non -emergency situations. Vail Police Dept. Officer Alan Hernandez will serve as the Colorado Classic neighborhood liaison point of contact, and in the coming months will help residents address special health, emergency, or other transportation needs that may occur during the race window, and will help communicate information and updates to the community. His email address is ahernandez@vailgov.com and his phone number is 970- 306-9602. Maps of the affected areas will be made public later today, March 15, and will be available at www.coloradoclassicvail.com. A modified bus and parking schedule will be available soon. This event will continue a great tradition of pro cycling in our resort community, and we encourage you to spectate, support, and welcome the international riders who will bring the eyes of the cycling world to our community. For general questions about attending or spectating at the event, please see our FAQ about the event, located at www.coloradoclassicvail.com. With gratitude, 6L Dave Chapin, Mayor, Town of Vail Mike Imhof, President and CEO, Vail Valley Foundation 1 March 20, 2018 - Page 49 of 89 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Chamonix Vail Neighborhood Development Update PRESENTER(S): George Ruther, Director of Community Development ACTION REQUESTED OF COUNCIL: No action is required. BACKGROUND: The purpose of this presentation is to share a report on the ongoing progress of the Chamonix Vail Neighborhood development. The Chamonix Vail development is progressing ahead of schedule and on budget. More than 1/2 of the 32 new townhomes are completed and currently being occupied by new Vail residents and their families. All of the homes will be closed and occupied by April 30th. The development is scheduled to be 100% on or before June 18, 2018 when the final step in construction, the landscape work, is completed. ATTACHMENTS: Description Staff Memorandum March 20, 2018 - Page 50 of 89 TOWN OF VARA Memorandum To: Vail Town Council From: George Ruther, Director of Community Development Date: March 20, 2018 Subject: Chamonix Vail — Progress Report Purpose of this Presentation The purpose of this presentation is to share a report on the ongoing progress of the Chamonix Vail Neighborhood development. At the conclusion of the presentation, members of the development team will be available to answer any questions the Vail Town Council may have regarding progress or next steps in completing the development. The Chamonix Vail Neighborhood development ensures the Vail Town Council achieves its adopted action goal of "growing a thriving and balanced community'. II. Development Goals and Objectives A list of goals and objectives was adopted for the development of the Chamonix Vail Neighborhood. The project team continually relied upon these goals and objectives for direction and guidance throughout the construction process. On April 15, 2014, the Vail Town Council affirmed and adopted the following goals and objectives: • Optimize the use of the site for affordable for -sale housing (15 - 25 DU's per acre) • Design a context sensitive design solution (design review guidelines) • Ability to be phased over time (min. two phases) • Deliver desirable, marketable and diverse types of housing products (duplexes; one, two & three bedroom flats; townhomes, etc.) • Maximize the town's limited financial resources • Build responsibly given the existing site configuration, topography and natural features of the site • Develop a diversified cost/sales structure to respond to a wide range of buyers (i.e. pricing structure based upon a variety of occupations) III. Update on Progress 1 March 20, 2018 - Page 51 of 89 Chamonix Vail construction is progressing ahead of schedule and on budget. Eight of the ten buildings have received a temporary certificate of occupancy (TCO) with the final two buildings scheduled to receive TCO's on or before March 23rd. All of the homes will be substantially complete by March 301h. The development team is now in the process of meeting with each of the home buyers to complete home buyer orientations, walkthroughs, and final inspections. According to the current schedule of closings, the final home will close on April 30, 2018. Final site and landscape work is contractually obligated to be completed on or before June 18, 2018, weather permitting, at which time, all construction on the site will be 100% complete. All 32 new townhomes are either occupied or moving towards closing. To date, 18 of the 32 townhomes have closed and ownership has transferred to the new owners. As a result, the Town of Vail has received more than $10M in total repayments of the $17.728M financed on the development. At the conclusion of the final closing, the Town will have received repayments in the total amount of $17.728M. The development cost of the construction project remains on budget. A total development budget of $17.728M, including $454,333 for pre -development services, plus owner's contingency, was approved by the Vail Town Council. To date, total change order costs equal less than $125,000. Approved change orders resulted in costs associated with excessive amounts of unsuitable soils excavation and export, addition of a landscape screening berm, installation of solar installation ready infrastructure for all 32 townhomes, an oversized concrete footer redesign, and State of Colorado sales tax. The total change order cost includes line item allowance savings of more than $87,000, resulting from utility service work installation and modular staging logistics. The remaining balance on the owner's contingency is approximately $219,000. It should be noted that the development budget remains financially exposed to additional state sales tax payments and the installation of 70 linear feet of CDOT-approved guardrail. A final report on the reconciliation of the total development cost compared to budget will be provided upon completion of the final site work and landscape improvements in June, 2018. 2 March 20, 2018 - Page 52 of 89 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 2018 Summer Parking Plan Update PRESENTER(S): Greg Hall Director of Public Works/Transportation ACTION REQUESTED OF COUNCIL: Provide direction to the staff regarding the Summer 2018 Parking plan to include: * Direct staff to implement the paid overnight fee structure for the Summer 2018 as in the staff memo * Amend the second reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation BACKGROUND: The Vail Town Council directed staff to return with a recommended rate and policies to implement an overnight fee to free up additional parking spaces. The goal of the policy is to reduce cars which are being stored or parked in the structure overnight to free mores spaces up during the day for guests. In addition, reduce the number of times the parking structures fill and/or parking overflows onto the frontage roads. STAFF RECOMMENDATION: Staff recommends the Town Council approves the recommendations for the Summer Parking Plan. Direct staff to implement the paid overnight fee structure for the Summer 2018 as recommended in the staff memo Amend the second reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation. ATTACHMENTS: Description Staff Memo March 20, 2018 - Page 53 of 89 TOWN OF VAIIL. Memorandum TO: Vail Town Council FROM: Greg Hall, Director of Public Works and Transportation DATE: March 20, 2018 SUBJECT: Summer 2018 recommended Parking Plan I. PURPOSE The Parking & Transportation Task Force forwarded recommendations to the Vail Town Council for the summer of 2018 and were reviewed at the March 6, 2018 meeting. Council directed staff to return with an operational plan to accomplish the recommendations. The purpose of this item is to: • Provide parking plan for Summer 2018 • Request Town Council direction regarding the plan 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 the retail community - Meg Hanlon and Hugh Paine Representing the restaurant community - Bill Suarez Representing the lodging community - Brian Butts Representing the community -at -large - Kent Johnson, Andrew Lanes and Don Marks Representing Vail Health - Darryl Flores (Cheryl Cannataro Alt.) Representing Vail Resorts - Doug Lovell and Jeff Babb Representing 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. RECOMMENDED ACTIONS MOVING FORWARD Summer 2018 Objectives and Recommendations Transit 1 March 20, 2018 - Page 54 of 89 • 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 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 • 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 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 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 2 March 20, 2018 - Page 55 of 89 • Continue to require construction projects to have an employee transportation and parking plan IV. PROPOSED SUMMER 2018 PARKING PLAN AND BUDGET IMPLICATIONS The Vail Town Council directed staff to return with a recommended rate and policies to implement an overnight fee to free up additional parking spaces. The goal of the policy is to reduce cars which are being stored or parked in the structure overnight to free mores spaces up during the day for guests. In addition, reduce the number of times the parking structures fill and/or parking overflows onto the frontage roads. Staff recommends the following: • An overnight fee of $25 which is charged for vehicles in the structure during the period of 4 AM to 5 AM. • Exceptions for hotels with no and/ or limited parking on site. Parking vouchers will be distributed to the hotels to be provided for guests to exit. • Exceptions for employees of the village commercial businesses including Vail Health whose shift requires them to occupy the structures during these times. Parking passes will be issued to those employees. • Maintain the policy of free exit of users who choose safe travel arrangements to get home and then return by 11:00 AM to retrieve their vehicle administered through the Welcome Centers. • Exceptions for those hotels with adequate parking except for large group business which may overflow their parking facilities. Parking vouchers will be distributed. • Staff is still investigating the use of all current parking passes during the summer for ease of entry/exit. • Implement the program from Memorial Day through the end of September. Parking Operation Costs Staffing $100,000 Benefits (health benefits will be required of some staff) adds costs to all of 2019 $36,000 Parking tickets and passes $14,000 Public Education Program $10,000 Total cost to implement the overnight parking fee $160,000 V ACTION REQUESTED Provide direction to the staff regarding the Summer 2018 Parking plan to include: • Direct staff to implement the paid overnight fee structure for the Summer 2018 as outlined above • Amend the second reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation VI. STAFF RECOMMENDATION Staff recommends the Town Council approves the recommendations for the Summer Parking Plan • Direct staff to implement the paid overnight fee structure for the Summer 2018 as outlined above 3 March 20, 2018 - Page 56 of 89 • Amend the second reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation 4 March 20, 2018 - Page 57 of 89 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 6, Series of 2018, Second 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 PRESENTER(S): Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 6, Series 2018. BACKGROUND: Please see attached memo. STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 6, Series 2018. ATTACHMENTS: Description 2018 Supp 1 2nd March 20, 2018 - Page 58 of 89 TOWN IJF van: Memorandum TO: Vail Town Council FROM: Finance Department DATE: March 20, 2018 SUBJECT: 2018 Supplemental Appropriation I. SUMMARY On Tuesday evening you will be asked to approve Ordinance 6, the first supplemental appropriation of 2018 upon second reading. II. DISCUSSION Changes from first reading The following items reflect information requested by Council or updates since first reading: General Fund On March 6th, the Parking and Transportation Task Force provided Council with parking and transit recommendations for summer 2018. Council asked the task force and staff to return with a recommended rate and policies to implement an overnight fee to free up additional parking spaces. March 20th, Council will review the proposed parking policy and budget implications, which have been included in this budget supplemental at an estimated cost of $160,000. This estimate includes parking operations costs such as staff to monitor the parking structures and booths, parking sales office coverage, ticket supply and public outreach efforts. On December 19, Town Council approved funding and in-kind support for the Colorado Classic bike race. While the cash funding is now included in the 2018 budget ($110,000 from the General Fund and $200,000 from the Vail Local Marketing District), staff will return during the June budget supplemental request with estimated costs of in-kind services such as police, fire, public works, and community relations. March 20, 2018 - Page 59 of 89 Housing Fund The Vail Local Housing Authority is requesting to increase the funding allocated to the InDEED deed restriction purchase program by $500,000. The program was initiated in 2016 and is gaining momentum with multiple negotiations currently underway. Other than the lump sum purchase of 65 deed restrictions in the Solar Vail redevelopment housing project for a total of $4,225,000 ($65,000 per unit), the program has seen a total of 16 proposals, 7 of which have withdrawn. None of the remaining proposals have been finalized; however the Housing Authority would need additional funding to complete those negotiations. Staff is proposing that a total of $1.0 million per year be allocated to this program, with funding from the town's Capital Projects Fund until a permanent funding source can be established. The supplemental budget request of $500,000 would increase the 2018 budget allocation to $1.0 million for this year. Capital Projects Fund A transfer of $500,000 to the Housing Fund from the Capital Projects fund for the InDeed deed restriction program as requested above in the Housing Fund. Real Estate Transfer Tax Fund Based on direction from Town Council during the March 6th meeting, a placeholder of $150,000 has been added in the Real Estate Transfer Tax Fund for the Seibert Memorial statue as presented, contingent upon remaining funds to be raised during the budget year. Any proposed modifications to the sculpture will go to the AIPP Board for approval prior to fabrication. At the request of the AIPP Board, a cost breakdown and proposed budget by Bill Rey as artist's agent has been attached to this memo. The costs do not include the installation which has been previously estimated at $30,000. The AIPP Board will determine with town staff an appropriate site for the Seibert Memorial sculpture in light of recent findings of a water main in the original location. Also during the March 6th meeting, a suggestion was made to establish a new "Cultural Heritage" budget allocation. Regarding a new line item within the RETT fund, staff would recommend that Council have an opportunity to review a suggested policy, process, and funding within the 2019 budget process. Does Council agree with this proposed strategy? -2 March 20, 2018 - Page 60 of 89 Budget for Pete's Dream project: Artist, Herb Mignery, FNSS, CAA Artist fee: for concept design: 5,000 Enlargement: This process takes the clay maquette through the point up process. There costs will include: structural armature for sculpture, point up scan and foam structure build, application of foam on armature, application of primary clay layer, artist to render the sculpture to desired finishing touches. The sculpting alone will take approximately 3-4 months on this size of a project. $45,000 Mold Making: This part of the process takes the sculpture from a desired image in clay and takes it through the bronze casting. The costs of this part include: Mold preparation and engineering, application of a silicon rubber medium to capture details of the sculpture and a plaster mother mold for structure. $50,000 Casting: Once this mold is completed and removed the molds will be given to a wax pourer for the first stage of the reproduction. A wax chaser will take out all the imperfections and submit the wax to the foundry. The foundry will then make a second mold of the wax and then fired for bronze pouring into the mold. Once the bronze is poured into the shell, the shell is broken off and the raw bronze panels cleaned for reassembly. A sculpture of this size will have over 200 different parts and panels to reassemble and weld together. A steel infrastructure will be required for support inside of the finished bronze so that will be put together as the bronze panels are being welded and the seams ground down and retextured to arrive at a finished product. Upon completion of this stage, the sculpture will be sandblasted and prepared for the patina. To get from the original clay sculpture to the finished bronze, the sculpture will go through a positive and negative stage 5 times. $200,000 Project Timeline: From concept to completion this project should take between 12 —14 months. March 20, 2018 - Page 61 of 89 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 $ 26,146,000 62/38 15,831,700 - 16,149,000 4,940,193 48,886 5,300,000 4,708,765 (255,635) 5,212,600 1,108,497 (6,568) 1,151,137 1,775,012 151,914 1,747, 787 2,341,146 2,262,556 5,155,000 1,028,870 249,171 120,000 1,068,838 195,253 38,583,848 4,902,756 961,364 258,095 191,110 1,029,522 242,900 38,212,470 (78,590) 1,980,972 (252,244) (67,506) 8,924 71,110 (39,316) 47,647 (371,378) 5,388,000 922,264 254,156 131,000 1,064,138 180,000 39,481,054 3.3% $ 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 State Grant from Colorado Fire Fighter Heart and Cancer Benefits Trust to offset expense for fire stress/fitness testing ($1.2K); NWIMT grant reimbursement ($30K); Children of the Library state grant ($4.5K)- See corresponding expenses below (240,100) 5,147,900 Reduce 2018 budget based on 2017 actuals 922,264 254,156 131,000 1,064,138 180,000 (472,800) 39,008,254 18,149,541 17,362,556 786,985 18,794,352 109,000 18,903,352 $100K summer parking operations; $9K for staff to perform administrative work for NWIMT 6,235,462 6,235,462 6,767,047 37,000 6,804,047 $36K summer parking operations; $1 K for staff to perform administrative work for NWIMT 24,385,003 23,598,018 2,184,493 2,157,039 7,999,188 6,981,148 2,332,180 668,654 663,307 38,232,825 2,254,344 676,259 659,571 36,326,379 786,985 27,454 1,018,040 77,836 (7,605) 3,736 1,906,446 25,561,399 5.9% 2,075,093 8,048,059 2,385,076 725,926 659,608 39,455,161 4.2% 146,000 25,707,399 196,000 2,271,093 49,700 8,097,759 2,385,076 725,926 659,608 391,700 39,846,861 351,023 1,886,091 1,535,068 25,893 (838,607) (125,000) (350,000) (125,000) (350,000) 351,023 1,886,091 1,535,068 27,300,260 27,300,260 $ 27,651,283 $ 29,186,351 (449,107) 27,651,283 $ 27,202,176 1,535,068 Additional funding for Burton US Open ($86K); Colorado Classic ($110K) Parking ticket supply for summer parking ($14K); Summer parking community outreach ($10K); 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 (1,313,607) 29,186,351 Increase of $1.5 million to fund balance from savings 27,872,744 72% 76% 3 69% 71% March 20, 2018 - Page 62 of 89 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 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 60/40 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) 4 March 20, 2018 - Page 63 of 89 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 1pads, (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 - l 281,432 - 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 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 5 March 20, 2018 - Page 64 of 89 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 Chamonix- TOV 762,548 532,226 230,322 - 230,322 230,322 Chamonix contingency- TOV 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 78,202 1,377,119 3,000,000 1,377,119 4,377,119 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 1,354,106 100,000 1,554,106 Re-appropriate for Bridge Road construction scheduled for 2018 Lionshead Parking Structure Landscape Renovations (VRA) 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 5,960,126 10,080,920 7,595,000 9,863,005 17,458,005 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 VVMC / 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: VVMC 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 6 March 20, 2018 - Page 65 of 89 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 27,577,932 19,292,372 25,983,812 17,974,969 43,958,781 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 5,876,912 4,179,718 (1,697,194) 2,156,000 2,046,023 I (761,550 4,202,023 2017: 1-70 Underpass ($3.9M); $177K public art; $31K 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; Re -appropriate $2.0M from unused 2017 Transfer to Housing Fund (4,904,530) (4,904,530) - - (761,550) Fund the purchase Altair Vail unit $261.6K by Housing Fund; 500K transfer to fund the Vail InDeed program Transfer to Dispatch Fund (150,000) (150,000) - - - - Transfer from Dispatch for Radio Tower project (TOV portion) Revenue Over (Under) Expenditures (30,932,823) (14,948,666) 15,984,156 11,318,167 (16,640,496) (5,322,329) Beginning Fund Balance 35,990,414 35,990,414 5,057,591 15,984,156 21,041,748 Ending Fund Balance 5,057,591 21,041,748 16,375,759 15,719,419 7 March 20, 2018 - Page 66 of 89 TOWN OF VAIL 2018 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 1,124,548 761,550 761,550 Total Revenue 5,221,087 5,221,087 - 761,550 761,550 Expenditures InDEED Program Solar Vail Housing Development Buy Down Housing Total Expenditures Operating Income 500,000 4,225,000 496,087 328,588 5,221,087 328,588 500,000 4,225,000 167,499 4,892,499 1,000,000 1,000,000 4,225,000 4,225,000 429,049 429,049 5,654,049 5,654,049 4,892,499 4,892,499 - (4,892,499) (4,892,499) Beginning Fund Balance - 4,892,499 Ending Fund Balance $ - $ 4,892,499 $ $ 8 March 20, 2018 - Page 67 of 89 9 March 20, 2018 - Page 68 of 89 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) 20,000 215,8, 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 8,098 8 098 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 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 9 March 20, 2018 - Page 68 of 89 10 March 20, 2018 - Page 69 of 89 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 II 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 25,000 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 43,098 532,563 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; $2.1 K 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 - - 125,000 110,000 II 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 10 March 20, 2018 - Page 69 of 89 11 March 20, 2018 - Page 70 of 89 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 64,847 923,960 500,000 923,960 1,423,960 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 (75,000) 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 18pae o modify n em foottraffic areas andpatterplaygroundinpark; structures;2017:RedTennis ent 20entire:Re-appropark includingrittennis$40Ktcourtods, covered of court ($262K) and playground ($385K). Public M 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 M - Winterfest 32,380 32,028 352 - 352 352 Carry over balance from 2017 for final 2017/2018 Winterfest bills ($352). Seibert Memorial Statue 150,000 150,000 Placeholder for Pete Seibert Memorial statue- contigent upon remaiing funds to be raised during 2018 budget year Total Enhancements 7,190,482 1,447,965 5,742,517 4,960,000 5,810,135 10,770,135 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; 11 March 20, 2018 - Page 70 of 89 12 March 20, 2018 - Page 71 of 89 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 6,829,069 7,749,201 9,084,693 7,710,163 16,794,856 Revenue Over (Under) Expenditures (7,545,963) (60,355) 7,485,609 (2,740,634) 7,485,609 (10,226,852) Beginning Fund Balance 11,256,285 11,256,285 3,710,322 7,440,716 11,195,930 Ending Fund Balance $ 3,710,322 $ 11,195,930 $ 969,688 $ 969,077 12 March 20, 2018 - Page 71 of 89 Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments Equipment Sales and Trade-ins Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance TOWN OF VAIL 2018 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2017 Amended (Unaudited) 2017 Variance Actual (Fav/Unfav) 2018 Proposed 1st Budget Supplemental $ 3,068,794 $ 3,026,321 10,000 46,291 14,209 10,815 152,730 251,085 3,245,733 3,334,512 $ (42,473) $ 3,204,133 36,291 10,000 (3,394) 7,500 98,355 130,483 88,779 3,352,116 1,140, 936 1,137, 018 3,918 1,186, 555 1,332,013 1,217, 526 114,487 1,413,188 1,280,200 1,095,011 185,189 703,700 143,500 2018 Amended $ 3,204,133 10,000 7,500 130,483 3,352,116 1,186, 555 1,413,188 847,200 3,753,149 3,449,555 303,594 3,303,443 143,500 3,446,943 (507,416) (115,043) 392,373 48,673 (94,827) 2,281,680 2,281,680 1,774,264 392,373 2,166,637 $ 1,774,264 $ 2,166,637 $ 1,822,937 $ 2,071,810 13 Re -appropriate for buy- out of fuel tank and field distribution system ($125K), Air Compresser ($18.5K) March 20, 2018 - Page 72 of 89 TOWN OF VAIL 2018 PROPOSED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND (Unaudited) 2018 2017 2017 Variance Proposed 1st 2018 Amended Actual (Fav/Unfav) Budget Supplemental Amended Revenue E911 Board Revenue $ 766,809 $ 776,809 $ 10,000 $ 762,176 $ 762,176 Interagency Charges 1,245,407 1,231,642 (13,765) 1,279,892 1,279,892 Other State Revenues 15,815 19,549 3,734 - - Town of Vail Interagency Charge 663,307 659,571 (3,736) 659,608 659,608 Earnings on Investments 6,594 7,027 433 6,050 6,050 Project Reimbursement 400,000 36,000 (364,000) 364,000 364,000 Other 445 445 Total Revenue 3,097,932 2,731,043 (366,889) 2,707,726 364,000 3,071,726 Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay 2,092,014 505,874 940,641 2,019,505 485,066 366,050 72,509 20,808 574,591 2,149,392 510,569 119,500 550,000 2,149,392 510,569 Timing of reimbursements 669,500 Reappropriate for CAD/RMS Upgrade Total Expenditures 3,538,529 2,870,621 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 667,908 2,779,461 550,000 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 14 March 20, 2018 - Page 73 of 89 ORDINANCE NO. 6 SERIES OF 2018 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING 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 2018 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 $ 391,700 18,736,519 5,654,049 7,710,163 143,500 550,000 $ 33,185,931 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 20, 2018 - Page 74 of 89 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, 2018, and a public hearing shall be held on this Ordinance on the 20th day of March, 2018, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of March 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 6, Series of 2018 March 20, 2018 - Page 75 of 89 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 7, Series of 2018, Second 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 second reading. BACKGROUND: The purpose of Ordinance No. 7, Series of 2018 is to clarify that compliance with Section R302.1 of the International Residential Code 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 allows for continued design and construction of these residential structures as has been the practice for many years. Ordinance No. 7, Series of 2018 was unanimously Approved (6-0) on First Reading with no changes. STAFF RECOMMENDATION: Approve, approve with amendments, or deny Ordinance No. 7, Series of 2018 upon second reading. ATTACHMENTS: Description Memo Ord. No. 7 Second Reading Ordinance 7, Series 2018 Exhibit A Exhibit B March 20, 2018 - Page 76 of 89 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 20, 2018 - Page 77 of 89 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 20, 2018 - Page 78 of 89 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 20, 2018 - Page 79 of 89 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 20, 2018 - Page 80 of 89 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 20, 2018 - Page 81 of 89 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 m1, 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 Ioad listed in Sections 8301.5 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 HI180 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 X360 Exterior walls—wind loads' with other brittle finishes H1240 Exterior walls—wind loads' with flexible finishes H120' 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 R301.2(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 LI175 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 L1120. 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 Jot. 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 perrnitted 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 conunon 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 walls 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 License Agreement. No further reproductions authorized. March 20, 2018 - Page 82 of 89 1 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 NIA < 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 NIA < 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 = 304.8 min. N/A = Not Applicable. a. Roof eave fire -resistance rating shall be permitted to be reduced to 0 hours on the underside of the eave if fireblocking is provided from the wall top plate to the underside of the roof sheathing. b. Roof eave fire -resistance rating shall be permitted to be reduced to 0 hours an the underside of the eave 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 NIA < 3 feet Unlimited 0 hours 3 feet' Penetrations All Comply with Section R302.4 < 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 eave 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 ]tours on the underside of the eave 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 1 1 1 1 1 1 2015 INTERNATIONAL RESIDENTIAL CODE' 51 Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Martin Haeberle on Jul 8, 2014 5:00:38 PM pursuant to License Agreement. No further reproductions authorized. March 20, 2018 - Page 83 of 89 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 1 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 of t12 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 51$ 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 nun) 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 20, 2018 - Page 84 of 89 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'!$ 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 'I$ 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 firebiocking 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 R302.5.1 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 8702.3,5. 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 '/,-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'I23 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 '!z -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'/, inch gypsum board or equivalent applied to the irate rior side of exterior walls that are within this area or SI: I inch = 25.4 mm. 1 foot = 304.8 mrn. 1 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 funhcr reproductions authorized. March 20, 2018 - Page 85 of 89 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 orUL723. 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 ]..IL 723 apparatus without a screen or artificial supports shall comply with the flame spread and smoke -developed limits 54 of Section R302.10.1 where tested in accordance with CAN/ULC 8102.2. 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-filI 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 1 Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Marin Haeberle on Jul 5, 2034 5:00:35 PM pursuant to License Agreement. No further reproductions authorized. March 20, 2018 - Page 86 of 89 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. R302.11.12 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, 3/s -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 '/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 1 1 2015 INTERNATIONAL RESIDENTIAL CODE° 55 Copyright to, or licensed by, ICC (ALL RIGHTS RESERVED); accessed by Martin Haeberle on Jul 8, 2014 5:110:38 PM pursuant to License AgeemenL. No further reproductions authnri?cd. March 20, 2018 - Page 87 of 89 XA MPLL r D rFsEr -Du PLA X (Trio NJE-L_Ltio67) [I NTT ap1ZI4U — pa PEAT4 gooF 6A4E Ro»F EA A1C PAWrg NIA Lc- oPeNrmil Nsr c PENsiuti March 20, 2018 - Page 88 of 89 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment 8:15 pm TOWN Of UAIL March 20, 2018 - Page 89 of 89