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Home My WebLink About2018-04-03 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, April 3, 2018 TOWN Of 4IAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Proclamations 2.1. Proclamation No. 3, Series of 2018, One Book One Valley, A Valley -wide 5 min. Community Read sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, and Vail Presenter(s): Dave Chapin, Mayor 2.2. Proclamation No. 4, Series of 2018, Recognizing National Library Week 5 min. 2018 "Libraries Lead" Presenter(s): Dave Chapin, Mayor 2.3. Proclamation No. 5, Series of 2018, Recognizing April 2018 as Financial Capability Month Presenter(s): Dave Chapin, Mayor 3. Consent Agenda 3.1. Resolution No. 14, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District Regarding the Construction of the Bridge Road Sanitary Sewer Relocation 3.2. Gore Valley Trail Improvements West Vail South Contract Award 3.3. Holy Cross Energy Agreement Overhead to Underground Bighorn Road 3.4. Holy Cross Energy Overhead to Underground Conversion S Frontage Road 5 min. April 3, 2018 - Page 1 of 112 3.5. 1-70 East Vail Water Quality Improvements Project Award 3.6. March 6, 2018 Meeting Minutes 3.7. March 20, 2018 Meeting Minutes 4. Town Manager Report 4.1. Town Manager Report 5 min. 5. Presentations / Discussion 5.1. Ford Park 2018 Summer Ford Park Parking Calendar Presenter(s): Greg Hall, director of Public Works and Transportation Action Requested of Council: Request input and approval on the 2018 Ford Park Summer Parking Calendar as prepared by staff and the Ford Park Users Group. Background: Each Spring the summer activities and events calendar is reviewed b the Ford Park User Groups, including representatives from Town of Vail. Vail Recreation District, Vail Valley Foundation,(Gerald R Ford Amphitheater), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountains Science Center (as operators of Vail Nature Center). The group's proposed 2018 managed and paid parking program is attached. Similar transit service will be provided. New this year will be the ability to provide parking vouchers for usersof facilities not associated with the special event on a space available basis for a period of 2 hours. This will require those users to obtain validation from the appropriate venue (such as tennis center, BFAG education center classes, etc.) Staff Recommendation: Approve the calendar as presented. 6. Action Items 10 min 6.1. Ordinance No. 8, Series of 2018, First Reading, An Ordinance Amending 30 min. Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Presenter(s): Justin Lightfield, Planner Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon first reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations, which are summarized below. Staff Recommendation: Staff recommends that the Vail Town Council approve, on the first reading, Ordinance No. 8, Series of 2018. April 3, 2018 - Page 2 of 112 7. Adjournment 7.1. Adjournment at 7:15 p.m. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. April 3, 2018 - Page 3 of 112 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 3, Series of 2018, One Book One Valley, A Valley -wide Community Read sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, and Vail PRESENTER(S): Dave Chapin, Mayor ATTACHMENTS: Description Proclamation No. 3, Series of 2018 April 3, 2018 - Page 4 of 112 April 3, 2018 - Page 5 of 112 TOWN PROCLAMATION ONE BOOK A valley-wide Community Towns of Avon, Eagle, WHEREAS, Community Read programs principalities throughout the United States WHEREAS, the book "Underground short stories & works for theater who resides Bestseller — "an alternate history that isn't book is also the moving story of a man WHEREAS, this Eagle Valley special related events such as movie the partnering organizations and a special WHEREAS, the Vail Public Library, Colorado Mountain College, Battle Mountain Mountain School, Vail Ski and Snowboard have resolved to bring this valley - wide and, WHEREAS, the One Book One enjoyment of reading throughout Eagle NOW, THEREFORE, we, the Vail Valley initiative and officially announce Eagle County residents for their enjoyment Dated this 3rd day of April 2018. Vail Town Council (#° OF VAIL NO. 3, SERIES OF 2018 ONE VALLEY, 2018 Read sponsored by the Gypsum, Minturn, Red Cliff and Vail have united and uplifted hundreds of cities and of America; and, Airlines" by Ben H. Winters (a writer of novels, in Los Angeles, CA) is a New York Times alternate enough" according to the author. This coming to terms with his past; and, Community Read will feature book talks & discussions, nights, a writing contest, a table talk panel hosted by Guest Appearance by the author; and, in collaboration with the Bookworm of Edwards, High School, Eagle Valley High School, Vail Academy, First Bank, and the Four Seasons — Vail Community Read to the citizens of Eagle County; Valley initiative will encourage literacy and shared County, Town Council, do hereby promote the One Book One and promote the novel "Underground Airlines" to all and the enjoyment of all. Attest: �v,"SING50Y R'40 RAI 03 op •ck commo Dave Chapin, Mayor Patty McKenny, Town Clerk April 3, 2018 - Page 5 of 112 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 4, Series of 2018, Recognizing National Library Week 2018 "Libraries Lead" PRESENTER(S): Dave Chapin, Mayor ATTACHMENTS: Description Proclamation No. 4, Series of 2018 April 3, 2018 - Page 6 of 112 April 3, 2018 - Page 7 of 112 TOWN OF VAIL Y PROCLAMATION NO. 4, SERIES OF 2018 Recognizing National Library Week 2018 "Libraries Lead" WHEREAS, libraries are not just about what they have for people, but what they do for and with people; WHEREAS, libraries have long served as trusted and treasured institutions, and library workers and librarians fuel efforts to better their communities, campuses and schools; WHEREAS, librarians are leaders in their institutions and organizations, in their communities, in the nation and in the world; WHEREAS, librarians continue to lead the way in leveling the playing field for all who seek information and access to technologies; WHEREAS, libraries and librarians look beyond their traditional roles and provide transformative opportunities for education, employment, entrepreneurship, empowerment and engagement, as well new services that connect closely with patrons' needs; WHEREAS, libraries and librarians lead their communities in innovation, providing STEAM programing, Makerspaces and access and training for new technologies; WHEREAS, libraries are pioneers supporting democracy and effecting social change, with a commitment to providing equitable access to information for all library users regardless of race, ethnicity, creed, ability, sexual orientation, gender identity or socio-economic status; WHEREAS, libraries lead in working with diverse communities, including people of color, immigrants and people with disabilities, offering services and educational resources that transform communities, open minds and promote inclusion and diversity; WHEREAS, libraries, librarians, library workers and supporters across America are celebrating National Library Week with the theme, "Libraries Lead"; and, Vail Public Library will be once again offering a month of Amnesty; NOW, THEREFORE, be it resolved that I, Dave Chapin, Mayor of the Town of Vail officially proclaim National Library Week, April 8-14, 2018. I encourage all residents to visit the library this week and explore what's new at your library, and engage with your librarian. Because of you and our library leaders, Libraries Transform. April 3, 2018 - Page 7 of 112 April 3, 2018 - Page 8 of 112 NOW, THEREFORE, the Mayor Dated this 3rd day of April 2018. Vail Town Council and Vail Town Council ,2 ,S1 NG 50 Y 4,-<- ‘.I OP I,,gps (UW ,�f RI'D RAjE3 OCOMMUO-1 do hereby proclaim our support Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk April 3, 2018 - Page 8 of 112 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 5, Series of 2018, Recognizing April 2018 as Financial Capability Month PRESENTER(S): Dave Chapin, Mayor ATTACHMENTS: Description Proclamation No. 5 Series of 2018 April 3, 2018 - Page 9 of 112 April 3, 2018 - Page 10 of 112 ((5C.1; TOWN OF VAIL Proclamation No. 5, Series of 2018 April is Financial Capability Month WHEREAS, the financial landscape in the United States has changed significantly over the past several decades, and individuals must take greater charge of their financial well-being, both during and after their working years; and, WHEREAS, a lack of financial literacy can have costly consequences for individuals and for our overall quality of life; and, WHEREAS, Vail Public Library offers an array of free classes and resources directed toward financial literacy education for children, teenagers, working adults, and retirees; and, WHEREAS, April 2018 is National Financial Capability Month across the United States, NOW, THEREFORE, the Vail Town Council hereby proclaims April 2018 to be Financial Capability Month in the Town of Vail and officially encourages its citizens to observe this month with programs and activities to improve their understanding of financial principles, including utilizing the resources and initiatives of Vail Public Library. Dated this 3rd day of April 2018 Vail Town Council Attest: NG s ,op, \_ ORf'ORA-cE° Op COM M U0 l Dave Chapin, Mayor Patty McKenny, Town Clerk April 3, 2018 - Page 10 of 112 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 14, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District Regarding the Construction of the Bridge Road Sanitary Sewer Relocation ACTION REQUESTED OF COUNCIL: ATTACHMENTS: Description Resolution No. 14, Series of 2018 memorandum Resolution No. 14 Series of 2018 Resolution No. 14 Series of 2018 Exhibit A April 3, 2018 - Page 11 of 112 TOWN OFD ` Memorandum To: Town Council From: Public Works Department Date: 04-03-2018 Subject: ERWSD IGA for Bridge Road Sanitary Sewer Relocation I. SUMMARY In 2016 the Town of Vail and the Eagle River Water and Sanitation District (ERWSD) entered into an IGA for the design of relocating the Bridge Road sanitary sewer main. The existing sanitary sewer line crosses Gore Creek above the creek at Bridge Road and is a monthly maintenance issue for the ERWSD due to the line having almost no slope to it. The relocation of the sanitary sewer would provide an environmental benefit by eliminating an aerial creek crossing reducing the possibility of any accidental discharge of sewage into Gore Creek by a failure of the line, remove the monthly maintenance burden for the ERWSD and would also better facilitate the replacement of the Bridge Road structure over Gore Creek scheduled for fall of 2018. The ERWSD publicly bid the construction phase of the project in March 2018, with United Companies the low responsible bidder. The cost of construction will be split between the Town and ERWSD (50/50) through an Intergovernmental Agreement (IGA). The ERWSD has agreed to contract directly with United Companies, and the Town has agreed to provide 50% reimbursement of the cost of construction. The project is scheduled for spring 2018. Staff recommends approving Resolution No. 14, Series 2018, approving an IGA with ERWSD to split the Bridge Road Sanitary Sewer Relocation construction costs 50/50. 11. ATTACHEMENTS Resolution No. 14, 2018 Intergovermental Agreement (IGA) April 3, 2018 - Page 12 of 112 Town of Vail Page 2 April 3, 2018 - Page 13 of 112 RESOLUTION NO. 14 Series of 2018 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND EAGLE RIVER WATER AND SANITATION DISTRICT REGARDING THE CONSTRUCTION OF THE BRIDGE ROAD SANITARY SEWER RELOCATION; 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 will partner with the Eagle River Water and Sanitation District (ERWSD) for construction of the relocation of sanitary sewer at Bridge Road (the "Project"); WHEREAS, the Project, located in along Bighorn Road between the East Vail 1-70 Interchange and Bridge Road, will provide a benefit to both the Town and ERWSD by eliminating an aerial creek crossing, reduce maintenance issues with the sanitary sewer and better facilitate replacement of the Bridge Road structure over Gore Creek; WHEREAS, the Council's approval of Resolution No. 1 4 , Series 2018, is required to enter into the Intergovernmental Agreement ("IGA"). NOW THEREFORE, B E IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with ERWSD on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. passage. This Resolution shall take effect immediately upon its INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 3rd day of April, 2018. Dave Chapin Town Mayor ATTEST: Resolution No. 14, Series of 2018 April 3, 2018 - Page 14 of 112 Patty McKenny Town Clerk Resolution No. 14, Series of 2018 April 3, 2018 - Page 15 of 112 INTERGOVERNMENTAL AGREEMENT FOR BRIDGE ROAD SANITARY SEWER RELOCATION THIS AGREEMENT is made and entered into this day of 2018, by EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado, ("District") and the TOWN OF VAIL, a political subdivision of the State of Colorado ("Town"). Collectively these entities are also referred to as the "Parties". RECITALS WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; and WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; and WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality water and sewer and services; and WHEREAS, the Parties desire to relocate the sanitary sewer main located near Bridge Road to eliminate an aerial creek crossing and upgrade the sanitary sewer main that is not built to current standards and requires monthly maintenance to stay operational; and {00574996.DOC / 2 } April 3, 2018 - Page 16 of 112 WHEREAS, the Parties wish to combine their construction efforts to achieve cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence. The Parties desire for the proposed sewer main relocation to be administered, constructed and installed, to the extent provided for herein, as one project (collectively, the "Project"); and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the construction of the Project; and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 1. Cooperation. The Parties agree to cooperate in the planning, design, construction, inspection, cost and expense sharing, administration and warrantee phases of the Project referenced in this Agreement and to cooperate and facilitate the combined efforts including, but not limited to the execution of any additional agreements, easements, and rights-of-way necessary to implement the purposes of this Agreement. 2. Design Costs. The District and the Town currently have an Intergovernmental Agreement for Bridge Road Sanitary Sewer Relocation dated April, 5 2016 for the project design work. 3. Project Management: The District will provide a construction management representative ("District Construction Manager") to coordinate the construction work, provide clarifications to the Contractor and review and approve proposed field changes, cost changes and time changes in a timely manner. The Town will provide a construction management representative ("Town Construction Manager") to coordinate execution of the Town's portion of the Project with the District Construction Manager as required herein. With respect to communications with Project Contractor, suppliers and consultants, the Town Construction Manager shall not have authority to bind, or otherwise affect the obligations of, the District. 4. Construction Contract. The District administered a competitive bid process for the construction of this Project under the title "Bridge Road Sanitary Sewer Relocation". The bid documents included items designed for and approved by the District. Oldcastle SW Group, Inc dba United Companies {00574996.DOC / 2 } 2 April 3, 2018 - Page 17 of 112 ("Contractor") was the lowest responsive, responsible bidder, and the District has entered into a contract with Contractor for the sewer improvements. A copy of Contractor's bid tabulation dated February 16, 2018 is included as Attachment A. The District will coordinate and supervise the Project, and will be the Owner as defined in the construction contract. The District will coordinate the construction work, provide clarifications to the Contractor, and work with the Parties regarding any change orders or modifications to the construction contract. No work for the Town outside of the construction contract will be commenced without approval by the Town Construction Manager. 5. Construction Inspection. The District Construction Manager will be responsible for construction inspection of its portion of the Project. 6. Geotechnical Testing. The District will pay for geotechnical testing costs associated with its portion of the Project. The Town will either reimburse the District for geotechnical testing associated with its portion of the Project, or contract directly with a Geotechnical testing firm. 7. Cost Sharing. The District agrees to pay all costs to the Contractor for the Project. The District will invoice the Town on a monthly basis for the Town's portion of the work based on work accomplished per the Contractor's invoices and the value of the work listed in Attachment A. The Town will reimburse the District for the invoiced work within 30 days. The Town represents that it has appropriated sufficient funds to pay in full its obligations hereunder. The Town agrees to pay 50% of the construction costs and the District agrees to pay 50% of the construction costs 8. Change Orders. Any change orders that arise during construction related to the District portion of the Project will be negotiated between the District and the Contractor. Neither the District nor its Contractor will commence any work outside of the contracted items for which it expects reimbursement from the Town without the prior approval of the Town's Construction Manager. 9. Project Meetings. The District will make a good faith effort to invite a representative of the Town to meetings concerning the Project, and otherwise provide open communications throughout the Project. 10. Warranties. For any work that the Town determines does not conform to the Project or Town specifications set forth therein, or needs to be completed under warranty conditions, the Town shall notify the District and {00574996.DOC / 2 } 3 April 3, 2018 - Page 18 of 112 the District will notify the Contractor under the terms of the District's agreement with the Contractor. District will obtain requisite warranties of at least a TWO-YEAR period from Contractor for workmanship and/or materials for facilities, infrastructure, and appurtenances constructed for the Project. 11. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. 12. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 13. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the District Court for Eagle County, State of Colorado, pursuant to the appropriate rules of civil procedures. 14. Captions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 15. Binding Agreement upon Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 16. Interested Persons. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 17. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand -delivered or sent by certified, {00574996.DOC / 2 } 4 April 3, 2018 - Page 19 of 112 United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: Greg Clifton, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water and Sanitation District Linn Brooks, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 18. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 19. Waiver. The waiver of any breach of any of the provisions of this Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. {00574996.DOC / 2 } 5 April 3, 2018 - Page 20 of 112 20. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 21. Duplicate Originals. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. 22. Separate Entity Status. In no event shall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. 23. Indemnification. Each party, to the extent permitted by law and subject to all of the immunities, defenses and protections afforded to that party by the Colorado Governmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance of services under this Agreement. 24. Force Majeure. No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. 25. Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. {00574996.DOC / 2 } 6 April 3, 2018 - Page 21 of 112 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. Attest: Leslie Isom, Administration Manager Attest: Patty McKenny, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney {00574996.DOC / 2 } EAGLE RIVER WATER AND SANITATION DISTRICT By: Linn Brooks, General Manager TOWN OF VAIL By: 7 Greg Clifton, Town Manager April 3, 2018 - Page 22 of 112 ATTACHMENT A (CONTRACTOR'S BID TABULATION DATED FEBRUARY 16, 2018) {00574996.DOC / 2 April 3, 2018 - Page 23 of 112 BID FORM To: Eagle River Water and Sanitation Sanitation District 846 Forest Road Vail, CO 81657 PROJECT: Bridge Street Sanitary Sewer Relocation THE UNDERSIGNED BIDDER, having familiarized himself with the Work required by the Contract Documents, the site where the Work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the Work, HEREBY PROPOSES AND AGREES, if this Bid is accepted, to enter into Agreement in the farm attached, to perform all Work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Agreement and the furnishing of materials and equipment required to be incorporated in and form a permanent part of the Work, tools, equipment, supplies, transportation, facilities, labor, superintendence and services required to perform the Work; and Bond, insurance and submittals; all as indicated or specified in the Contract Documents to be performed or furnished by Contractor in accordance with the following Bid prices: A. BASE BID PRICE: Four hundred Forty Three Thousand Two Hundred Fifty Nine ($ 443,259.00 Dollars Item No. Description of Item/Unit Cost in Words Unit LS Approx. Qty. 1 Unit Cost 39,000.00 Total Cost 39,000.00 Thirty Nine Thousand Dollars and Zero Cents 1 Mobilization and Demobilization 2 Traffic Control LS 1 19,200.00 Nineteen Thousand T 9,200.00 1Gmdrad Dollars and Zero re»t. 3 Erosion Control LS 1 12 900.00 s Twelve Thousand Nin1e Hundred Dollars and Zero Cents 4 Construction Surveying LS 19,850.00 9,850.00 Nine Thousand Bight Hundred Fifty Dollars and lora Cents 5 Remove Existing Rock Wall LS 1 1,365.00 1,365.00 Ono Thousand Three hundred Sixty Five Dollars and Zero Cents 6 Remove Existing Tree EA 2 1,050.00 2,100.00 Two Thousand One Hundred Dollars end Zero Cents 1~RW SD 2/20 3 .5 P:115WSD11adtnin\Contract\Bid Docunents133idForrn April 3, 2018 - Page 24 of 112 7 Remove Existing Manhole EA 11,475.00 1,475.00 One Thousand Four Hundred Seventy Five Dollars And Tera Cenle 8 8" C900 PVC Sewer Main LF 99065,340.00 66.00 Sixty Five Thousand Three Hundred Forty Dollars And Zero Cents 9 4' Diameter Sanitary Sewer Manhole EA 5 5,000.00 25,000.00 Twenty Five Thousand Dollars and Zero Cents 10 4' Diameter Sanitary Sewer Drop Manhole EA 1 8,835.00 8,835.00 Eight Thousand Eight Hundred Thirty Five Dollars and Zero cents 11 Cast-in-place Bypass Manhole EA 2 4,700,00 9,400.00 Nine Thousand Four Hundred Dollars and Zero Cents 12 Connect to Existing Manhole EA 1 2,750.00 2,750.00 Two Thousand Seven Hundred Fifty Dollars and Zero Cents 13 Sewage Bypass Pumping DAY 416,680.00 4,170.00 rE,irteen Thousand Six Hundred Eighty Dollars And L-m CenD 14 Remove Existing Asphalt SY 1,500 9.00 Thirteen ThousandFEv13,500.00 Hundred Dollars and Zero ate 15 Unclassified Excavation and Disposal CY 1,325 14.00 18,550.00 Eighteen Thousand Five Hundred Fifty Dollars And Zero Cents 16 Rock Excavation HR 30 750.00 rwentyTwoThpusand 2,500.00 nine Huadred Dollars And Zero Cents 17 Suitable Backfill Material 7 import TON 2,250 56.00 126,000.00 One Hundred Twenty Six Thousand Dollars And Zero Cents 18 CIass 6 Aggregate Base Course TON 70 66.50 4,655.00 Four Thousand Six Hundred Fifty Five Dollars and Zero Cents 19 Class 2 Aggregate Base Course TON 340 51.50 17,510.00 Seventeen Thousand Five Hundred Ten Dollars And Zero Cents 20 Hot Bituminous Pavement TON 45 170.00 7,650.00 Seven Thousand Six Hundred Fifty Dollars and Zero Cents 21 T7 Hydroseeding 7� ACRE 0.9 3,360.00 3 Three Thousand Twenty,024.00 Four Dollar and Zero Cents 22 Construction Dewatering LS CY 111'375'00 3 11,375.00 320.00 Eleven Thousand Three Hundred Seventy Five Dollars and Zero Cents 960.od Nine Hundred Sixty Donors and Zero Cents 23 Flowfill 24 Temporary Bike Detour Path SY 140 26,00 3,640,00 three Thousand Six Hundred Forty Dollars and Zero cents ERWSD 2/2015 P:115WSD11 admin \Conlractlf3id Docttrnen1s\131dForm 2 April 3, 2018 - Page 25 of 112 Bidder acknowledges that quantities are not guaranteed, and final payment will be based on actual quantities determined as provided in the Contract Documents. The undersigned Bidder agrees to furnish the required Bond and enter into Agreement within TEN (10) days after acceptance of this Bid, and further agrees to complete all Work covered by the Bid, in accordance with specified requirements and in accordance with the following schedule (Bidder to enter number of days after date of Notice to Proceed for all of the following, unless number of days has already been entered): 1. Substantial Completion June 15, 2018 2. Final Completion June 29, 2018 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially completed within the time specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the Owner if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner in accordance with the following: 3. Late Substantial Completion $285 Per Day 4. Late Final Completion $132 Per Day Receipt of copies of the following addenda is hereby acknowledged. ERWSD 212015 P:115 W SD11 adm in\Contract\Bid Documents\BidForm 3 April 3, 2018 - Page 26 of 112 Addendum No. 1 2 Bidder's Sjgnature Date Acknowledged 2/6/2018 2/6/2018 Enclosed herewith is the required Bid Security, in the form of id Bond (strike one), in the amount of five percent of total amount bid Dollars ($ 5% of total bid) which the undersigned Bidder agrees is to be forfeited to and become the property of owner, as liquidated damages, should this Bid be accepted and he fails to enter into Agreement in the form prescribed and to furnish the required Bonds within ten (10) days, but otherwise the Bid security will be returned upon Bidder signing the Agreement and delivering the Performance, Payment and Warranty Bond. In submitting this Bid, it is understood that Owner reserves the right to reject any and all Bids, and it is understood that this Bid may not be withdrawn during a period of sixty (60) days after the scheduled time for the receipt of Bids. The undersigned Bidder hereby certifies (a) that this Bid is genuine and is not made in the interest of, or in the behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; (b) that he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid; (c) that he has not solicited or induced any person, firm, or corporation to refrain from bidding; and (d) that he has not sought by collusion to obtain for himself any advantage over any other Bidder or over the Owner. In connection with Eagle River Water and Sanitation District's proposed Bridge Street Sanitary Sewer Relocation project and pursuant to Section 8-17.5-102(1), C.R.S., the undersigned prospective Contractor hereby certifies that, as of the date of this Certificate, it does not knowingly employ or contract with an illegal alien and it will participate in the E -Verify Program or the Department Program (as such term is defined in Section 8-17.5-101, C.R.S.) in order to confirm the employment eligibility of all employees who are newly hired to perform work under the Agreement. The full names and addresses of parties interested in this Bid as principals are as follows: Name Address ERWSD 2/2015 P:115 WSDII admin\Contract\Bid Documents \BidFor n 4 April 3, 2018 - Page 27 of 112 SIGNATURE OF BIDDER If an Individual: [Signature] If a Partnership: Print or type name: Doing business as: Date: By: [Signature] Print or type name: Date: General Partner If a Corporation: Oldcastle SW Group, Inc. dba United Companies (a Colorado Corporation) By:• C• `__ Print or type name: Kyle Alpha Title: General Manager Date: 2/16/2018 2273 River Road Attest: Grand Junction, CO 81505 Dorothy Feil Title: Assistant ecretary ERWSD 2/2015 P:115WSD11adminlContract\Bid Documents\BidForm 5 April 3, 2018 - Page 28 of 112 If Bidder is a joint venturer, all venturers or their authorized agents must sign below. Name of Joint Venture: If Joint Venture is: If an Individual: [Signature] If a Partnership: If a Corporation: Attest: Print or type name: Doing business as: Date: By: [Signature] Print or type name: Date: General Partner (a By: [Signature] Corporation) Print or type name: Title: Date: , Secretary ERWSD 2/2015 P:115WSD11adminlContract\Bid Documents\BidForm 6 April 3, 2018 - Page 29 of 112 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Gore Valley Trail Improvements West Vail South Contract Award ATTACHMENTS: Description Gore Valley Trail Improvements Contract Award Memorandum TOWN OF 1 X41 April 3, 2018 - Page 30 of 112 TOWN OF VAIIL. Memorandum To: Vail Town Council From: Department of Public Works Date: April 3, 2018 Subject: Contract Award — Gore Valley Trail Improvements — West Vail South I. PURPOSE This item is a request to award a construction contract to RPM Construction for the Gore Valley Trail Improvements — West Vail South Project. This work for this project includes: • Reconstruction of 2,700 linear feet of the paved Gore Valley Trail between Matterhorn Drive and the West Vail Conoco • Regrading sections of the trail to reduce slopes and improve drainage • Realign a section of trail to improve the intersection at West Gore Creek Drive II. BID PROCESS The town received five (5) bids for the project ranging between $268,229 and $467,443. III. PROJECT BUDGET/SCHEDULE The 2018 RETT budget includes $450,000 for this project. Based on the bids received, the project will be completed within budget. Pending approval, construction is anticipated to begin on Monday, April 30th and will be completed and reopened by June 28th or sooner. IV. ACTION REQUESTED BY COUNCIL Staff is requesting that the Council authorize the Town Manager to enter into a construction contract with RPM Construction in the amount of $268,229.45 for the Gore Valley Trail Improvements — West Vail South project. V. STAFF RECOMMENDATION Staff recommends that the Town Council authorize the Town Manager to enter into a construction contract in the amount of $268,229.45 for the Gore Valley Trail Improvements — West Vail South project. April 3, 2018 - Page 31 of 112 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Holy Cross Energy Agreement Overhead to Underground Bighorn Road ATTACHMENTS: Description Holy Cross Energy Agreement Memorandum Holy Cross Energy Agreement April 3, 2018 - Page 32 of 112 TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: April 3, 2018 Subject: Holy Cross Energy Trench, Conduit and Vault Agreement Bighorn Road I. SUMMARY Over the past 15 years the Town of Vail in coordination with Holy Cross Energy has been converting existing overhead electrical lines to underground along Bighorn Road. This project will convert the portion of overhead electric from near the Pitkin Creek bus stop to just west of Columbine Drive, approximately 2,200 feet. In order to do so the town must contract with Holy Cross Energy to provide the necessary conduit and electric vaults, as well as for its design and inspection, in the amount of $250,000. In addition the town must contract separately to complete the installation of the conduit and electric vaults. Staff anticipates advertising for bids for this project in spring of 2018. This project will complete the conversion of overhead electrical lines to underground along Bighorn Road. II. STAFF RECOMMENDATION Staff recommends that the Town Council approves the Holy Cross Energy Trench, Conduit and Vault Agreement in the amount of $250,000. III. ATTACHMENTS Holy Cross Energy Trench, Conduit and Vault Agreement April 3, 2018 - Page 33 of 112 July 13, 201 7 Town of Vail Attn: Chad Salli 1 309 Elkhorn Drive Vail, CO 81657 RE: Bighorn Road Final OH to UG Conversion Dear Chad, 3799 HIGHWAY 82 • P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81 602 (970) 945-5491 • FAX (970) 945-4081 Holy Cross Energy has completed a design and cost estimate for the conversion of the power lines from overhead to underground for the above referenced project, hereinafter the "Project". Our facilities will be installed as shown on the attached sketch. The owner or developer of the subject Project is hereinafter referred to as the "Owner". Total estimated cost of construction as a non-recoverable contribution $250,000.00 The above figure is only an estimate. After the job has been completed, the actual cost of construction will be determined. The Owner's contribution will be adjusted accordingly. Execution of this document constitutes the Owner's agreement to pay the full amount of the contribution in a timely manner. Holy Cross Energy understands that it is the Owner's intent to pay for some or all of the costs associated with this project out of the Owner's Community Enhancement Fund. As such, Holy Cross Energy requests that the Owner notify us in writing, contemporaneously with the payment, that the funds indeed come from the Owner's Community Enhancement Fund. The following conditions are hereby noted: 1. Lot corners or other locations will be provided by the Owner as needed to ensure that our facilities are installed as shown on the attached sketch. 2. Holy Cross Energy has implemented a policy which requires that the Owner provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve the Project. The Owner must also set all vaults and install all conduits as specified by Holy Cross Energy's design for the Project and the enclosed construction specifications. Holy Cross Energy will supply all material which can be picked up by the Owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed by the Owner and returned prior to the start of excavation. 3. No excavation will be undertaken within five (5) feet of existing underground power lines except under the on-site supervision of a Holy Cross Energy employee. 4. The above estimate is for Holy Cross Energy facilities and does not include the installation of telephone or television facilities. It will be the Owner's responsibility to coordinate construction and make contractual agreements with the other utilities. 5. It shall be the Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder for the Project are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross A Touchstone Energy® Cooperative April 3, 2018 - Page 34 of 112 Town of Vail July 13, 2017 Page Two shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Holy Cross Energy. Said corrections will be made at the sole cost and expense of Owner. 6. Secondary voltage available with be 120/240 single-phase and 208Y/1 20 three-phase. 7. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross Energy specifications. All meter locations must be approved. Any service over 200 amps or 240 volts must have prior written approval from Holy Cross Energy. 8. It will be the Owner's responsibility to extend underground secondary entrance conductors from the pad -mounted transformer, or junction box, to points of power usage. It will be the Owner's responsibility to retain the services of a qualified electrician to convert all the existing secondary electric services from the existing overhead electric transformers, to be removed, to the new pad - mounted transformers and or secondary junction boxes being installed for the Project. The work of the electrician will need to be coordinated with Holy Cross Energy to minimize the length of outages to affected consumers. 9. All underground services shall be installed in conduit ahead of the meter. All underground services must be in conduit beneath roads, driveways, and other areas of difficult excavation. 10. All residential services must have an outside disconnect accessible at all times to Holy Cross Energy personnel. 11. The meter housing must be positioned so the meter faces a driveway or road. 12. Low voltage starting will be required on all three-phase motors larger than 25 HP and all single- phase motors larger than 10 HP. 1 3. Motor protection from phase loss and other voltage problems should be provided. This equipment shall be installed and maintained at the expense of the Owner. 14. It shall be the Owner's responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Energy. April 3, 2018 - Page 35 of 112 Town of Vail July 13, 2017 Page Two 1 5. The above mentioned cost estimate does not include connect fees or meter deposits, if required. Arrangements for payment of these items and for scheduling the actual meter installation should be made through the local Holy Cross Energy office. 16. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 1 7. All Holy Cross Energy rules and regulations will be followed. 18. When Holy Cross Energy is in receipt of the executed trench agreement and the signed original of this letter agreement (below), the job can be scheduled for construction. Sincerely, HOLY CROSS ENERGY ' / Jeffrey P. Vroom, Engineering Department jvroom@holycross.com (970) 947-5425 JPV:MM Enclosure The above terms and conditions are hereby agreed to and accepted By: Title: Date: W/O#1 7-22785:52-70,52-75:Bighorn Rd Final OH To UG Conversion 17-22785 Salli April 3, 2018 - Page 36 of 112 t I REPLACE EXISTING VAULT WITH UMI -35L VAULT (SEE VAULT SPECS) 68P3 TWO NEW 6 •� PVC CONDUITS ♦� TWO NEW 4" —� PVC CONDUITS 68P2 r — CONNECT CONDUITS INTO EXISTING UM3OS SPLICE VAULT TWO NEW 4" PVC CONDUITS NEW UM1-35L VAULT (SEE VAULT SPECS) • ss TWONEW6" ,� PVC CONDUITS TWO NEW 4" PVC CONDUITS 84817 68P1 Holy Cross Energy Glenwood Springs, Colorado NOT TO SCALE FACILITY LOCATIONS APPROXIMATE CONTRACT LETTER AGREEMENT SKETCH Job Name: BIGHORN ROAD FINAL OH TO UG CONVERSION W/O #: 22785 April 3, 2018 - Page 37 of 112 1.10 YY DNDUITS TWO NEW 4" PVC CONDUITS 84R11 68P1 5273 52 , NEW 25KVA, 120/240 VOLT TRANSFORMER ON UM1-3 VAULT (SEE VAULT SPECS) CONNECTED TO NEW JUNCTION BOX WITH 1-4" CONDUIT IN BETWEEN. TOV ELECTRICIAN TO CONVERT ALL SERVICES FROM OVERHEAD TRANSFORMER TO JUNCTION BOX. ONE NEW 4" PVC CONDUIT ♦ ti TWO NEW 6"l PVC CONDUITS TWO NEW 4" PVC CONDUITS NEW 25KVA, 120/240 VOLT TRANSFORMER ON UM1-3 VAULT (SEE VAULT SPECS) CONNECTED TO NEW JUNCTION BOX WITH 1-4" --- CONDUIT IN BETWEEN. TOV ELECTRICIAN TO CONVERT ALL SERVICES FROM OVERHEAD TRANSFORMER TO JUNCTION BOX. • NEW 25E TRANSFORIv (SEE VAULT S NEW JUNC CONDUIT ELECTRIC") SERVICES SERVICE POEN IT IS UNCI DESIGN H HANDLE TT- ONE F ONE NEW 4" PVC CONDUIT 770 Holy Cross Energy Glenwood Springs, Colorado NOT TO SCALE FACILITY LOCATIONS APPROXIMATE CONTRACT LETTER AGREEMENT SKETCH Job Name: BIGHORN ROAD FINAL OH TO UG CONVERSION W/O #: 22785 April 3, 2018 - Page 38 of 112 TWO NEW 6" PVC CONDUITS TWO NEW 4" PVC CONDUITS NEW 25KVA, 120/240 VOLT TRANSFORMER ON UM1-3 VAULT (SEE VAULT SPECS) CONNECTED TO NEW JUNCTION BOX WITH 1-4" CONDUIT IN BETWEEN. TOV \- ELECTRICIAN TO CONVERT ALLNets SERVICES FROM OVERHEAD SERVICE POINTS TO JUNCTION BOX. IT IS UNCERTAIN AT TIME OF DESIGN HOW THE TOV WILL HANDLE THEIR STREET LIGHTS. N NEW 45KVA, 120/208 VOLT TRANSFORMER ON UM1-13S VAULT (SEE VAULT SPECS) CONNECTED TO NEW JUNCTION BOX WITH 2-4" CONDUITS IN BETWEEN. TOV ELECTRICIAN TO CONVERT SERVICES FROM OVERHEAD TRANSFORMER BANK TO JUNCTION BOX. TWO NEW 6" PVC CONDUITS ONE NEW 4" PVC CONDUIT o 1 TWO NEW 6" PVC CONDUITS ONE NEW 4" PVC CONDUIT 5271 r t Holy Cross Energy Glenwood Springs, Colorado NOT TO SCALE FACILITY LOCATIONS APPROXIMATE CONNECT CONDUITS INTO EXISTING SWITCHGEAR AND TRANSFORMER VAULTS AS SHOWN 46, N CONTRACT LETTER AGREEMENT SKETCH Job Name: BIGHORN ROAD FINAL OH TO UG CONVERSION W/O #: 22785 April 3, 2018 - Page 39 of 112 TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this day of , 20 between TOWN OF VAIL, a municipal corporation, whose mailing address is 75 S. Frontage Road, Vail, CO 81657, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 2150, Glenwood Springs, Colorado 81602, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called "Facilities", to serve a project known as Bighorn Road Final OH to UG Conversion, hereinafter called "Project"; and, WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities; and, WHEREAS, Owner owns real property described as follows: A parcel of land situate in Section 11, Township 05 South, Range 80 West of the 6th P.M., more particularly described at Reception Number 225061 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado, hereinafter called "Property", which Property is the real property owned by the Owner. WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to the Project described as follows: Any other real property containing facilities installed by the Project, and Town of Vail Public Right -Of -Ways also known as Bighorn Road, Spruce Drive, and Spruce Way. hereinafter called "Adjacent Land". NOW, THEREFORE, Owner and Holy Cross agree as follows: 1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross. a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and Construction Specifications and such specifications are made a part hereof by reference. b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility easements. c. The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground surface. d. A twelve -inch (12") minimum separation will be maintained between conduits installed for the Facilities and all other new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from plastic gas lines shall be greater than this minimum wherever practicable. e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. f. If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit and/or vault installation being unusable or improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the Project. 3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross employee. 4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein W/O#1 7-22785:52-70,52-75:Bighorn Rd Final OH To UG Conversion 7/13/17 17-22785Jv Page 1 of 3 Revised 12/18/15 April 3, 2018 - Page 40 of 112 made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross' request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backfill and cleanup are completed. 6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed. 7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. 8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non - opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. If at any time in the future, the Town of Vail or any governing body with jurisdiction, or any of their respective successors and assigns, requires the relocation of any of said Facilities that have been installed within their respective right-of-way, such relocation shall be at the sole cost and expense of the Owner. 1 1 . All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner's responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner's responsibility, at the Owner's sole cost, to correct the access and make it acceptable, as determined solely by Holy Cross. 12. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character, except those held by the following: All those of Record. The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors in interest, and assigns, of the Property. W/O#1 7-22785:52-70,52-75:Bighorn Rd Final OH To UG Conversion 7/13/17 17-22785Jv Page 2 of 3 Revised 12/18/15 April 3, 2018 - Page 41 of 112 The individual signing this Trench, Conduit and Vault Agreement hereby represents that he/she has full power and authority to sign, execute, and deliver this instrument. Holy Cross Energy, a Colorado corporation TOWN OF VAIL, a municipal corporation By: David Bleakley - Vice President, Engineering STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this By: Title: day of , 20 by as of TOWN OF VAIL, a municipal corporation. WITNESS my hand and official seal. My commission expires: STATE OF ) ) ss. COUNTY OF ) Notary Public Address: The foregoing instrument was acknowledged before me this day of , 20 , by David Bleakley - Vice President, Engineering, Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/O#1 7-22785:52-70,52-75:Bighorn Rd Final OH To UG Conversion 7/13/17 17-22785JV Page 3 of 3 Revised 12/18/15 Trench, Conduit and Vault Agreement Holy Cross Energy April 3, 2018 - Page 42 of 112 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Holy Cross Energy Overhead to Underground Conversion S Frontage Road ATTACHMENTS: Description Holy Cross Energy Agreement S Frontage Rd Memorandum Holy Cross Energy Agreement -SFR April 3, 2018 - Page 43 of 112 TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: April 3, 2018 Subject: Holy Cross Energy Trench, Conduit and Vault Agreement S Frontage Road I. SUMMARY In 2016 Holy Cross Energy informed the Town of Vail and residents that trees that had been planted near existing overhead electric lines in the past had grown to where they now pose a hazard. Vegetation too close to electrical lines can create a fire hazard so the trees either need to be removed/trimmed or the electrical line moved to underground. Staff was directed to begin the design phase for undergrounding the electrical lines along the S Frontage Road in the Intermountain neighborhood to save the trees from being removed/trimmed. The design has been completed. In order to begin construction the town must contract with Holy Cross Energy to provide the necessary conduit and electric vaults, as well as for its design and inspection, in the amount of $325,000 to underground the electric from Elliot Road to Kinnikinnick Road along the S Frontage Road, approximately 4,200 feet. In addition the town must contract separately to complete the installation of the conduit and electric vaults. The east phase of the project is currently out to bid in a joint project with the Eagle River Water and Sanitation District's West Vail Sanitary Sewer Intercept project. This will underground the existing overhead electric from Elliot Road to Stephens Park and is scheduled for construction in the spring/summer 2018. The west phase of the project, Stephens Park to the west Kinnikinnick Road intersection, is anticipated to advertise for bids spring 2018 with a fall 2018 construction. II. STAFF RECOMMENDATION Staff recommends that the Town Council approves the Holy Cross Energy Trench, Conduit and Vault Agreement in the amount of $325,000. III. ATTACHMENTS Holy Cross Energy Trench, Conduit and Vault Agreement April 3, 2018 - Page 44 of 112 February 26, 2018 Town of Vail Attn: Chad Salli 1 309 Elkhorn Drive Vail, CO 81657 RE: Vail - Stephens Subdivision Conversion Dear Chad, 3799 HIGHWAY 82 • P.O. DRAWER 2150 GLENWOOD SPRINGS, COLORADO 81602 (970) 945-5491 • FAX (970) 945-4081 Holy Cross Energy has completed a design and cost estimate for the conversion of the power lines from overhead to underground for the above referenced project, hereinafter the "Project". Our facilities will be installed as shown on the attached sketch. The owner or developer of the subject Project is hereinafter referred to as the "Owner". Total estimated cost of construction as a non-recoverable contribution $325,000.00 The above figure is only an estimate. After the job has been completed, the actual cost of construction will be determined. The Owner's contribution will be adjusted accordingly. Execution of this document constitutes the Owner's agreement to pay the full amount of the contribution in a timely manner. Holy Cross Energy understands that it is the Owner's intent to pay for some or all of the costs associated with this project out of the Owner's Community Enhancement Fund. As such, Holy Cross Energy requests that the Owner notify us in writing, contemporaneously with the payment, that the funds indeed come from the Owner's Community Enhancement Fund. At this time the need for easements on private property related to the Project is undetermined, however, should the need arise, Owner understands that properly executed easements will be required prior to the installation of permanent Holy Cross facilities on private property. The following conditions are hereby noted: 1. Lot corners or other locations will be provided by the Owner as needed to ensure that our facilities are installed as shown on the attached sketch. 2. Holy Cross Energy has implemented a policy which requires that the Owner provide all excavation, backfill, compaction and cleanup needed for installation of the underground power system extension to serve the Project. The Owner must also set all vaults and install all conduits as specified by Holy Cross Energy's design for the Project and the enclosed construction specifications. Holy Cross Energy will supply all material which can be picked up by the Owner at the appropriate storage yard. The cost of this material is included in the job cost estimate. The attached Trench Agreement must be properly executed by the Owner and returned prior to the start of excavation. 3. No excavation will be undertaken within five (5) feet of existing underground power lines except under the on-site supervision of a Holy Cross Energy employee. 4. The route of our proposed underground power line extension must be at final grade and free of obstructions before power line construction is started. A Touchstone Energy® Cooperative`` April 3, 2018 - Page 45 of 112 Salli February 26, 2018 Page Two 5. All water lines, sewer lines, or other excavations in conflict with our proposed facilities must be completed, backfilled and clearly marked before power line construction can be started. 6. The above estimate is for Holy Cross Energy facilities and does not include the installation of telephone or television facilities. It will be the Owner's responsibility to coordinate construction and make contractual agreements with the other utilities. 7. It shall be the Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder for the Project are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non -opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Holy Cross Energy. Said corrections will be made at the sole cost and expense of Owner. 8. Secondary voltage available will be 120/240, single-phase. 9. Secondary facilities shall be installed in accordance with National Electrical Code and Holy Cross Energy specifications. All meter locations must be approved. Any service over 200 amps or 240 volts must have prior written approval from Holy Cross Energy. 10. It will be the Owner's responsibility to extend underground secondary entrance conductors from the pad -mounted transformers, or junction boxes, to points of power usage. It will be the Owner's responsibility to retain the services of a qualified electrician to convert all the existing secondary electric services from the existing overhead electric transformers, to be removed, to the new pad -mounted transformers and or secondary junction boxes being installed for the Project. The work of the electrician will need to be coordinated with Holy Cross Energy to minimize the length of outages to affected consumers. 1 1 . All underground services shall be installed in conduit ahead of the meter. All underground services must be in conduit beneath roads, driveways, and other areas of difficult excavation. 12. All residential services must have an outside disconnect accessible at all times to Holy Cross Energy personnel. 1 3. The meter housing must be positioned so the meter faces a driveway or road. 14. Low voltage starting will be required on all three-phase motors larger than 25 HP and all single- phase motors larger than 10 HP. 15. Motor protection from phase loss and other voltage problems should be provided. This equipment shall be installed and maintained at the expense of the Owner. April 3, 2018 - Page 46 of 112 Salli February 26, 2018 Page Three 16. It shall be the Owner's responsibility to protect their electric equipment from temporary over voltage or under voltage situations resulting from causes beyond the control of Holy Cross Energy. 1 7. The above mentioned cost estimate does not include connect fees or meter deposits, if required. Arrangements for payment of these items and for scheduling the actual meter installation should be made through the local Holy Cross Energy office. 18. We attempt to complete all projects in a timely manner. However, highest priority is given to maintaining service to our existing consumers. This fact, along with inevitable construction delays, will not allow us to guarantee a project completion date. 19. All Holy Cross Energy rules and regulations will be followed. 20. When Holy Cross Energy is in receipt of all necessary executed easements, other permits, if required, the executed trench agreement and the signed original of this letter agreement (below), the job can be scheduled for construction. Sincerely, HOLY CROSS ENERGY Jeffrey P. Vroom, Engineering Department jvroom@holycross.com (970) 947-5425 JPV:MM Enclosure The above terms and conditions are hereby agreed to and accepted By: Title: Date: W/O#18-22707:51-14,36,45: Vail - Stephens Subdivision Conversion 18-22707 Salli April 3, 2018 - Page 47 of 112 CONTRACT LETTER AGREEMENT SKETCH W/O #: 22707 Job Name: VAIL - STEPHENS SUBDIVISION CONVERSION W 2 X 0 �a as 0a Z 00 Hj a 0v z9 J 0 LL >'-0 O7 i 0 O c 0 WQi 0) 0 0 - co U-8 0 >,0 O c 2 April 3, 2018 - Page 48 of 112 o� QryF( zw zirF � � d�p4o Z>wv" 3z ¢w�U HM] zU ; April 3, 2018 - Page 50 of 112 CONTRACT LETTER AGREEMENT SKETCH W/O #: 22707 Job Name: VAIL - STEPHENS SUBDIVISION CONVERSION W 2 X 0 W� �a as Ua cnZ 00 H1 a 00 z3 J U a LL 0 O7 • 0 O cU Wei o' 0 8 - • co U-8 0 >, 0 O c I CD April 3, 2018 - Page 51 of 112 April 3, 2018 - Page 52 of 112 April 3, 2018 - Page 53 of 112 TRENCH, CONDUIT, AND VAULT AGREEMENT This agreement is made and entered into this day of 20 , between TOWN OF VAIL, a Colorado municipal corporation, whose mailing address is 75 S. Frontage Road, Vail, CO, hereinafter called "Owner", and Holy Cross Energy, a Colorado corporation whose mailing address is P. O. Box 21 50, Glenwood Springs, Colorado 81602, hereafter called "Holy Cross". WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called "Facilities", to serve a project known as Vail - Stephens Subdivision Conversion, hereinafter called "Project"; and, WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup needed to construct said requested Facilities; and, WHEREAS, Owner owns real property described as follows: A parcel of land, also known as Stephens Park, comprised of Government Lots 13, 23, and 24, situate in the NWY4 of Section 14, Township 5 South, Range 81 West of the 6th P.M., as more fully described at Reception Numbers 197025 and 321 726 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado, hereinafter called "Property", which Property is the real property where the Project is being developed; and, WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property adjacent to the Project described as follows: Parcel A, Stephens Subdivision, according to the Amended Final Plat thereof, situate in Section 14, Township 5 South, Range 81 West of the 6th P.M., as more fully described at Reception Numbers 305440 and 656186 in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado, AND Colorado Department of Transportation U.S. Interstate 70 Right -Of -Way also known as South Frontage Road West, hereinafter called "Adjacent Land". NOW, THEREFORE, Owner and Holy Cross agree as follows: 1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross. a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications and Construction Specifications and such specifications are made a part hereof by reference. b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded utility easements. c. The top of all conduits installed hereunder shall be located a minimum of 48" below the final grade of the ground surface. d. A twelve -inch (1 2") minimum separation will be maintained between conduits installed for the Facilities and all other new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit separation from plastic gas lines shall be greater than this minimum wherever practicable. e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as the owner of the conduit, vaults and related structures and facilities. f. If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all additional costs resulting from conduit and/or vault installation being unusable or improperly constructed. 2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees, providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees connected with its work on the Project. 3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder. Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross employee. W/0#18-22707:51-14,36,45: Vail - Stephens Subdivision Conversion 2/26/18 18-227o7Jv Page 1 of 3 Revised 12/18/15 April 3, 2018 - Page 54 of 112 4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability, claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner. In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay, and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to state and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses described in the above indemnification clause. Upon Holy Cross' request, such an Owner shall furnish a Certificate of Insurance verifying the existence of such insurance coverage. 5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent Land for a period of two (2) years beginning on the date backfill and cleanup are completed. 6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed. 7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner, Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of completion shall be chargeable to and collectible from Owner. 8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of Owner. 9. It shall be Owner's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non - opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said corrections will be made at the sole cost and expense of Owner. 10. If at any time in the future, The Colorado Department of Transportation, the Town of Vail or any governing body with jurisdiction, or any of their respective successors and assigns, requires the relocation of any of said Facilities that have been installed within their respective right-of-way, such relocation shall be at the sole cost and expense of the Owner. 1 1 . All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the Owner's responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable, then it shall be the Owner's responsibility, at the Owner's sole cost, to correct the access and make it acceptable, as determined solely by Holy Cross. 12. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of encumbrances and liens of any character, except those held by the following: All those of Record. The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and shall be binding upon the successors in interest, and assigns, of the Property. W/O#18-22707:51-14,36,45: Vail - Stephens Subdivision Conversion 2/26/18 18-227o7Jv Page 2 of 3 Revised 12/18/15 April 3, 2018 - Page 55 of 112 The individual signing this Trench, Conduit and Vault Agreement hereby represents that he/she has full power and authority to sign, execute, and deliver this instrument. Holy Cross Energy, a Colorado corporation TOWN OF VAIL, a Colorado municipal corporation By: By: David Bleakley - Vice President, Engineering Manager STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by as Manager of the TOWN OF VAIL, a Colorado municipal corporation. WITNESS my hand and official seal. My commission expires: STATE OF ) ss. COUNTY OF Notary Public Address: The foregoing instrument was acknowledged before me this day of , 20 by David Bleakley - Vice President, Engineering, Holy Cross Energy, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/O#18-22707:51-14,36,45: Vail - Stephens Subdivision Conversion 2/26/18 18-227o7Jv Page 3 of 3 Revised 12/18/15 Trench, Conduit and Vault Agreement Holy Cross Energy April 3, 2018 - Page 56 of 112 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 1-70 East Vail Water Quality Improvements Project Award ATTACHMENTS: Description 1-70 East Vail Water Quality Improvements Memorandum TOWN Of UAIL April 3, 2018 - Page 57 of 112 TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: April 3, 2018 Subject: 1-70 East Vail Water Quality Improvements Contract Award I. SUMMARY The Town of Vail has budgeted $1,125,000 for the 1-70 East Vail Water Quality Improvements Project, $700,000 of which will come from a CDOT grant. The improvements will improve the drainage, water quality and snow storage at the East Vail Exit 180 interchange. A separate project, awarded at a later date this year will enhance the landscaping and aesthetics of the interchange. Staff has publically bid the project and received three bids. Kraemer North America, LLC $1,111,778.00 America West $1,089,140.00 United Companies $1,007,718.60 II. RECOMMENDATION Staff had reviewed all three bids and recommends awarding the contract to United Companies; and to direct the Town Manager to enter into a contract with United Companies in the amount of $1,007,718.60 to complete the 1-70 East Vail Water Quality Improvements Project. April 3, 2018 - Page 58 of 112 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: March 6, 2018 Meeting Minutes ATTACHMENTS: Description March 6, 2018 Meeting Minutes TOWN OF 1 X41 April 3, 2018 - Page 59 of 112 Vail Town Council Meeting Minutes Tuesday, March 6, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Jen Mason Greg Moffet Member absent: Kim Langmaid Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Jeff Babb, VRI, presented the policy information about uphill access to Vail Mountain; he reminded the public that non -service dogs are not allowed on the mountain. Kevin Foley presented a number of topics as his portion of council input: 1) Safe Bar meeting, 2) appreciation for lodging VRD interns, 3) Colorado Classic bike race public input, 4) Congrats to community athletes for their successes. 2. Proclamations 2.1. Proclamation No. 2, Series of 2018, Proclamation in Recognition of Vail's Trailblazer Award Recipients Sheika and Pepi Gramshammer Presenter(s): Dave Chapin, Mayor Background: The Town of Vail celebrated its 50th birthday of incorporation as a municipality on August 23, 2016 with numerous festivities taking place, including the debut of the Vail Trailblazer Award Program, a civic recognition whereby the Vail Town Council acknowledges an individual/s that exemplifies the spirit and fortitude in making Vail a great community through selfless contributions of time and talent which have made a lasting impact. The recipients in 2018 are Sheika and Pepi Gramshammer as the community recognizes their meaningful and amazing contributions to the Town of Vail. Proclamation No. 2 was read by Vail Town Council members and adopted. 3. Appointments for Boards and Commissions 3.1. Art in Public Places Board Appointments Town Council Meeting Minutes of March 6, 2018 Page 1 April 3, 2018 - Page 60 of 112 Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint five people to the AIPP Board for a two year term ending March 31, 2020. Bruno moved to appoint Kara Woods, Patricia Donovan, Julie Hansen, Bill Pierce and Kathy Langenwalter to serve two year terms on the Art in Public Places Board. Mason seconded the motion and it passed (6-0). 3.2. Building and Fire Code Appeals Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint one person to serve as the "regular member" and appoint two people to serve as alternates on the Building & Fire Code Appeals Board for a five year term ending March 31, 2023. Bruno moved to appoint Kathy Langenwalter, Mark Donaldson, Mark Hallenbeck to serve five- year terms on the Building & Fire Code Appeals Board. Mason seconded the motion and it passed (6-0). 4. Consent Agenda 4.1. Resolution No. 10, Series of 2018, A Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy: and Setting Forth Details in Regard Thereto. Moffet moved to approve Resolution No. 10; Foley seconded the motion and it passed (6-0). 4.2. Minutes from February 6, 2018 meeting Foley moved to approve the minutes from February 6, 2018 with a change to the vote tally for agenda item 3.3; Bruno seconded the motion and it passed (5-0-1;Moffet abstained). 4.3. Minutes from February 20, 2018 meeting Foley moved to approve February 20, 2018 meeting; Moffet seconded the motion and it passed (6-0). 4.4. Letter of Support for the Mountain Pact Recommendation There was no motion on the letter included in the packet as there was not consensus about the need to send the letter to Congress regarding a House bill (Secure American Energy Act). 5. Town Manager Report 5.1. Town Manager Report Greg Clifton presented a brief overview of the updates presented in his report. 6. Action Items Town Council Meeting Minutes of March 6, 2018 Page 2 April 3, 2018 - Page 61 of 112 6.1. Ordinance No. 6, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund Presenter(s): Kathleen Halloran, Finance Director; Carlie Smith, Budget Analyst Halloran presented a summary of the year-end financial report, per the memo in the packet with highlights below: 2017 RESULTS • Across all funds, total revenue of $67.1 million was down less than 1% from 2016, mainly due to sales tax collections of $25.6 million, also down less than 1% from 2016. • Real estate transfer tax collections in 2016 of $6.3 million were down 7.2% from the prior year. • Construction Use Tax was down 2.2% from 2016. • Lift tax collections of $4.7 million were down 6% from 2016 • Transportation revenues totaled $4.9 million during 2017, down 6.3% from 2016. • 2017 net expenditures totaled $75.2 million compared to $110.3 million budgeted • Overall the town experienced flat revenue growth for 2017, and was able to offset that impact with reduced spending and cost savings from lack of winter conditions. Discussions about two topics were included with the consideration of the Ordinance, as follows: 6.1.1 - Consideration of Seibert Memorial Funding Request The Seibert Memorial Project was first proposed to the Art in Public Places Board as a gift to the town, using private donations to fund the artwork. AIPP accepted the proposed donation of the memorial to the town's art collection and agreed to the ongoing maintenance, conservation and insurance of the sculpture. After an unsuccessful effort to raise enough funds, the group proposed that the sculpture be funded by the town. This proposal was included in the 2018 Budget cycle as a Council Contribution with a request to fund the entire project for $330,000. There were many people present to support the funding request and the Seibert memorial, as follows: Roger Tilkemeier, Bill Rey, AnneMarie Muller, Richard Leslie, Karen Fritzlen, Peggy Nichols, Joette Gilbert, Pete Seibert, Jr., Brenda Himmelfarbe, and Jim Clark, along with a number of emails from the public. They saw this as an amazing opportunity to truly recognize the history and Pete's journey to Vail as depicted by a well known sculpture. There were some who were supportive of recognizing the memory and idea of the founder of Vail, but preferred more dialogue and input be given to what kind of memorial would truly represent Pete Seibert and the brand of Vail. Brant Seibert expressed the need to include the true history of the discovery of Vail as a ski area. No further public input was taken at this time; council discussion was held with a number of points raised, as follows: ✓ Difficult position to be in as it is a request that does not follow the Town's public processes with regards to their Art in Public Places Board ✓ Thanked the group for their hard work and efforts especially Roger Tilkemeier (local resident) & Bill Rey (Clagget Gallery), Herb Mignery (artist) ✓ Agreement that the Seibert Circle fountain does not fully acknowledge the efforts of Pete Seibert ✓ More public input should be heard about the project ✓ Encouraged the public to make a donation to the project as this should be a public and privately funding project ✓ Pending is the discussion about the location Town Council Meeting Minutes of March 6, 2018 Page 3 April 3, 2018 - Page 62 of 112 ✓ The community must come together to make this project come to fruition After much dialogue, Foley noted he would request to include with the supplemental budget a placeholder of $150K to be used with matching funds from the community for the Seibert Memorial and after the proposal has moved through the AIPP process; Mason agreed with this approach. It was suggested by Clifton that they present a budget proposal for a historic and commemorative program for these kinds of ideas and related costs. 6.1.2 - Consideration of Vail Valley Foundation Funding Request for Digital Screen Project at Gerald R. Ford Amphitheater The second funding request is for a capital contribution of $185,000 from the Vail Valley Foundation (VVF) to help fund a large digital screen for the Gerald R. Ford Amphitheater (GRFA). The total cost of the project is $443,000 not including another $60,000 of contingency planning. The original request was presented to Council on February 20th and is attached for your reference. Also attached is a copy of the town's ground lease with the WF, outlining ownership of the assets. Mike Imhof, VVF, spoke about their funding request and noted they would submit a funding request during the town's 2019 budget cycle. Details of each of the town's funds were outlined in the packet memo, and addressed the General Fund See memo for revenue adjustments details. General Fund expenditures were proposed to increase by $231,700. This includes $35,700 of expenditures corresponding to reimbursements above. The remaining request for $196,000 includes: ✓ $86,000 Council Contribution increase for the Burton US Open approved December 5, 2017. The total 2018 contribution now totals $490,000. ✓ $110,000 Council Contribution for the Colorado Classic bike race event. Council granted a total of $310,000 for the Colorado Classic, with $110,000 to be contributed from the Town of Vail's General Fund and $200,000 from the Vail Local Marketing District. The above adjustments to the General Fund 2018 budget result an estimated fund balance of $28.0 million by the end of 2018, or 72% of annual revenues. Capital Projects Fund See memo for revenue adjustment details. Staff requested to supplement 2018 expenditures by a total of $18.3 million, of which $17.9 million represents projects budgeted in 2017 but not yet completed such as repairs to Slifer Square and East Meadow Drive, the Chamonix Vail neighborhood, the Red Sandstone parking structure, guest service enhancement projects, bus replacements, data center relocation, continuation of neighborhood road and bridge reconstruction projects, and final bills for the Sandstone Underpass. Additional funding requests include the following: ✓ $75,000 for automated ticketing gates at Ford Park to improve Ford Park parking management. ✓ $38,000 for new bus scheduling software. This new software will help to establish more efficient operations by optimizing bus routes and personnel schedules. The new software will also enhance the town's ability to use historical route data for more accuracy and efficiency. ✓ $261,550 transfer to the Housing Fund to purchase the Altair Vail Inn Condominium ✓ approved by Council on December 5th Housing Fund See memo for revenue adjustment details. Staff is requesting to re -appropriate a total of $4.9 million into the 2018 budget to reflect a continuation of housing initiatives from 2017. This includes: ✓ A carryforward of $500,000 allocated to the INDEED program. ✓ $4,225,000 purchase of 65 deed restrictions at the Solar Vail employee housing development. Town Council Meeting Minutes of March 6, 2018 Page 4 April 3, 2018 - Page 63 of 112 ❑ $167,499 carryforward balance in the Buy Down Housing program, plus a $261,550 transfer from the Capital Projects Fund for the purchase of a unit at Altair Vail as approved by Council. The above expenditures will result in no estimated remaining fund balance by the end of 2018. Real Estate Transfer Tax (RETT) Fund See memo for revenue adjustment details. Staff requested to supplement expenditure by a total of $7.5 million, of which $7.2 million represents projects budgeted in 2017 but not yet completed such as the Open Lands Plan, repairs to the bike path and retaining walls at Dowd Junction, East Vail Interchange improvements, and continued streambank and water quality infrastructure projects. Also included in the re -appropriations is $116,000 for a new softball field shelter and other new funding requests include the following: ❑ $34,000 for environmental software ("EMS") . ❑ $2,000 for Local Climate Resolution participation ❑ $5,000 for 2018 membership to Rocky Mountain Climate. ❑ $15,000 to renew the town's partnership with the US Forest Service for the noxious weed management program ❑ $110,000 of additional funding for the North Frontage Road recreational bike path reconstruction between Sun Vail and the pedestrian bridge. ❑ $150,000 to purchase property described as the Moran parcel located in East Vail as identified by the Open Lands Plan and corresponding to the East Vail Interchange project. The above adjustments will result in an estimated fund balance of $1.1 million at the end of 2018. Moffet moved to approve Ordinance No. 6, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund. The motion did not include any funding of the Seibert Memorial costs and not seconded with a motion. Foley moved to approve Ordinance No. 6, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund and to include a $150K placeholder to be used as matching funds for the Seibert Memorial project, and only after the AIPP Board as formally processed and vetted the project. Bruno seconded the motion and it passed (5-1; Moffet opposed). There was no further public input and second reading would occur on March 20. 7. Presentations / Discussion 7.1. Parking and Transportation Task Force recommended summer 2018 plan Presenter(s): Greg Hall Director of Public Works and Transportation and Mayor Dave Chapin Action Requested of Council: Provide direction to the staff regarding the Parking and Transportation Task Force recommendations as well as provide feedback on any additional information for March 20 discussion. Background: The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12 -member group is to provide advisory input and recommendations on parking, transit and traffic operations. The Task Force is chaired by Mayor Chapin and supported by various departments and agencies to assist with technical expertise. Town Council Meeting Minutes of March 6, 2018 Page 5 April 3, 2018 - Page 64 of 112 Staff Recommendation: Staff recommends the Town Council approves the recommendations of the Parking and Transportation Task Force. Staff was directed to return with the proposed plan to implement the overnight fee structure and the associated operating costs for inclusion in the second reading of the first budget supplemental on March 20. Chapin introduced the topic and thanked the task force members for their time in the meetings. The following information was included in the council packet memo: Summer 2018 Objectives and Recommendations Transit • Continue with increased summer bus service by Vail Transit following successful pilot program during summer 2017 o Review potential expansion of hours currently budgeted for summer 2018 re: concert departures and early AM • Market/promote advantages of transit Parking Structures • Focus on goal to reduce number of vehicles parked overnight in structures by half to increase daytime capacity by freeing up 100 to 200 parking spaces per night o Requires 24-hour staffing operations, estimated at approximately $150K o Create an allowance for overnight parking for guests of lodges with no on-site parking (Mountain Haus, Plaza Lodge, Bridge Street Lodge) and lodges with limited parking (Gasthof Gramshammer, Vail Mountain Lodge) as well as employee overnight shift -work o Will require an overnight fee structure in addition to reviewing current regulations regarding abandoned vehicles stored in the structures (14+ days) • Facilitate parking management plan with Vail Health and other major construction projects in the Village core as well as employers o Town of Vail to apply for permission from CDOT for use of 100 parking spaces west of the West Vail Fire Station to allow 7 -day a week parking through 2020; may require additional bus service Short-term Leasing of Private Parking spaces • Evaluate Town Code amendments to allow short-term daily leasing of private parking spaces o Would allow web or app -based parking reservation technologies Ongoing • Work with ECO Transit to support increased service in 2018 through county budget process • Continue a marketing and messaging plan around the following: o Biking o Walking o Don't rent a car o Environmental effects of driving o Healthy lifestyles o Reduce congestion o Promote transit use o Ridesharing (Uber, Lyft) o Carpooling o Employee van pools o Special event marketing and messaging for attendees o Special event employee/volunteers use alternative parking sites, modes • Continue to require construction projects to have employee transportation and parking plan Discussion ensued with some suggestions that were supported: ✓ Consider implementing the changes slowly ✓ Continue to address the storage of vehicles in the structure ✓ Consider using private parking for the public ✓ Continue to evaluate ECO services and implement more frequency and affordable rates ✓ Continue educating the public about options ✓ Continue to keep parking free in the parking structures this summer Town Council Meeting Minutes of March 6, 2018 Page 6 April 3, 2018 - Page 65 of 112 Chapin invited public input at this time. ➢ Jonathan Staufer, resident, expressed the need to continue reviewing a charge for parking or the guests will not be served appropriately. He also inquired about the arrangement with Vail Resorts about managing peak periods on the mountain and if it is being enforced. ➢ Allison Wadey, Vail Chamber & Business Association, noted she attended the meetings, it was a great process, and very productive. She suggested the summer demographic is very different from the winter guests. She thought some rewarding of those who take other means of transportation might be worthwhile. ➢ Moffet noted there are multiple neighborhoods in Vail that have no access to public transit and requested this challenge for residents be addressed. Implement a ride share program. ➢ Elizabeth, owner of LaBotega, suggested paid parking meters be installed. Moffet moved and Bruno seconded the motion to approve the recommendations of the Parking and Transportation Task Force and directed staff to return with the proposed plan to implement the overnight fee structure and the associated operating costs for inclusion in the second reading of the first budget supplemental on March 20. The motion was approved (6-0). 8. Action Items 8.1. Permission to Proceed through the Development Process - La Taberna Iberica Restaurant Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: Gatto Pardo Bianco LLC, the owner of the Unit #15, 100 Meadow Drive, requests permission to proceed through the Development and Design Review process for an Amendment to Special Development District No. 6, Vail Village Inn, for improvements that include an outdoor dining patio and associated improvements that occur within the Town of Vail Rig ht -of -Way. Background: The subject property, located at 100 Meadow Drive, Unit 15, was constructed in 1976 and was most recently occupied by the former Master's Gallery. It is the applicant's intention to repurpose the space for an eating and drinking establishment. Staff Recommendation: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of outdoor dining and private landscaping. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued and removed if required to do so. Jonathan Spence presented the agenda item and noted the Vail Town Council is not being asked to approve the improvements, their location or design, but rather to authorize the applicant to move forward with a planning application that utilizes town owned property for commercial uses. If granted permission to proceed, the application would be subject to the following steps in the Development and Design Review Process. Staff shared public safety concerns related to the proximity of the proposed outdoor seating and associated landscape planters/walls to the bus travel way coupled with the loss of the existing vegetative landscape buffer. Steven Riden, Architect, presented their request with details about the proposed application. Town Council Meeting Minutes of March 6, 2018 Page 7 April 3, 2018 - Page 66 of 112 Chapin invited public comments at this time and no one commented. Council discussion ensued with some questions and concerns, as follows: > Not supportive of using town property for their request as it is not in the best interest of the town to place permanent structures on this property and not supportive of removing the pedestrian way > Town easements have not typically allowed for permanent structures ➢ Supports moving the application forward so that the appropriate town boards could review the application Riden thanked the council for their input and feedback which would be incorporated into the application at this stage. Foley moved to instruct staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements. Mason seconded the motion and it passed (4-2; Bruno and Moffet opposed). 8.2. Red Sandstone Elementary School Parking Structure Contract Award to Haselden Construction Presenter(s): Greg Hall Director of Public works and Transportation Action Requested of Council: The staff has requested the Town Council address the following: Authorize the Town Manager to enter into a Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000 . Background: The Town of Vail and the Eagle County School District are jointly constructing a four -level 160 car parking structure on the current Red Sandstone School site. The work will include extensive site work to establish a loop road around the parking structure to allow access to each level while at the same time provide a one-way loop road for school drop off and pick up. There was a brief overview by Greg Hall about the construction project with some council comments about the ability to convert the top levels of the structure to other uses, the schedule of construction, and the coordination of the project with the school schedules. Moffet moved to authorize the Town Manager to enter Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000. Bruno seconded the motion and it passed (6-0). 9. Public Hearings 9.1. Ordinance No. 7, Series of 2018, First Reading, An Ordinance Amending Section 10-1-3 of the Vail Town Code to Add an Amendment to the 2015 International Residential Code Previously Adopted by the Town by Reference Presenter(s): Chris Jarecki, Chief Building Official Action Requested of Council: Approve, approve with amendments, or deny Ordinance 7, Series of 2018 upon first reading. Town Council Meeting Minutes of March 6, 2018 Page 8 April 3, 2018 - Page 67 of 112 Background: It is clear that compliance with Section R302.1 of the International Residential Code becomes impossible when reviewing and constructing two-family dwellings (duplexes) with known lot lines that separate the units along the shared wall. Projections such as roof eaves, doors, windows and other openings are strictly prohibited by this section of the code. The practice of subdividing these properties is commonplace and this Ordinance will effectively allow for continued contemporary design and construction of these residential structures. Chapin introduced the topic and opened the public hearing at this time. George Ruther spoke about the highlights and summarized the regulations. Bruno moved to approve Ordinance No. 7, Series of 2018, First Reading, An Ordinance Amending Section 10-1-3 of the Vail Town Code to Add an Amendment to the 2015 International Residential Code Previously Adopted by the Town by Reference. Moffet seconded the motion. No comments were heard from the public. The motion passed (6-0). 9.2. Ordinance 5, Series 2018, Second Reading, Ordinance amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles Presenter(s): Gregg Barrie, Sr. Landscape Architect Action Requested of Council: Adopt, or adopt with revisions, Ordinance 5, Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. Background: The ordinance addresses regulations about the electronic personal assistive mobility devices and electric assisted bicycles. The topic has been discussed at previous council meetings and the Town Code would be amended if the legislation is approved. Chapin introduced the topic and opened the public hearing at this time. Gregg Barrie noted the changes from first reading as follows: They lowered the age requirement to age 12 They required only the tour guide to have the audible devise Mire noted for the record there was some technical difficulties and the uploaded version in the council packet will get some minor edits from the town attorney. The follow public comments were heard: ➢ Kersty Hensler, resident, expressed a number of safety concerns about segways and ebikes on the trails including the age allowed and the need for more signage and rules. She noted that it is not about the local people but about the inexperienced bike path users and the speed the ebikes can go on narrow path. ➢ Louise Hoversten, resident, expressed similar concerns, there will be more opportunities for accidents and the trails should be exclusive of motorized vehicles. Barrie noted they would explore some trail signage ideas and program to help identify trail etiquette. Moffet moved to approve Ordinance 5, Series 2018, Second Reading, Ordinance amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. Foley seconded the motion and it passed Town Council Meeting Minutes of March 6, 2018 Page 9 April 3, 2018 - Page 68 of 112 There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 9:40 p.m. Respectfully Submitted, Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Town Council Meeting Minutes of March 6, 2018 Page 10 April 3, 2018 - Page 69 of 112 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: March 20, 2018 Meeting Minutes ATTACHMENTS: Description March 20, 2018 Meeting Minutes TOWN Of UAIL April 3, 2018 - Page 70 of 112 Vail Town Council Meeting Minutes Tuesday, March 20, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Jen Mason Greg Moffet Members absent: Kim Langmaid Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk Mayor Chapin noted that the mailing for the town of Vail Community Survey has been released and asked everyone to please complete the survey! 1. Citizen Participation ■ Randy Guerriero, resident, spoke about his support of council, and spoke about the conditions he continues to support related to the former roost property development. In addition, he expressed his support for a recreation center in Vail as it creates community. He noted that Margaret suggested a rec center on the top of the red sandstone elementary school parking structure. • Brant Seibert, Englewood, expressed his thoughts about Seibert memorial and presented an alternative proposal to honor the heritage of Vail, with a call out for Pete Seibert, one of the founders of Vail. He continued with some details and offered his full support and involvement in the effort. • Jason Hollis, General Manager, Doubletree Hotel, presented some Doubletree cookies and noted the hotel is open now after the remodeling. There are parts of the hotel that are still being renovated. • Bill Rey, Claggert Gallery, continued to express his support in honoring the heritage and actions of Pete Seibert. 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. Town Council Meeting Minutes of March 20, 2018 Page 1 April 3, 2018 - Page 71 of 112 Bruno moved to appoint Campbell, Bill Pierce, and John Rediker to DRB; Moffet seconded the motion for the appointments and it passed (6-0). Foley thanked Forstl for his service on the DRB. 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. Bruno moved to appoint Pam Hopkins, Rollie Kjesbo, Ludi Kurz and Brian Stockmar to the PEC; Moffet seconded the motion and it passed. Foley thanked Kjesbo for his time with PEC. 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 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 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 Moffet moved to approve the consent agenda. Foley read the titles of the resolutions and seconded the motion which passed (6-0). 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager Clifton presented highlights from his report. 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 Town Council Meeting Minutes of March 20, 2018 Page 2 April 3, 2018 - Page 72 of 112 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. Jen Mason recused herself at this time due to conflict of interest. Mia Vlaar, Ec Dev Director, introduced the topic and noted a number of benefits the town would see by hosting the Colorado Classic Bike Race, as follows: • Value to the town with the lodging projections • Happens during a "need" weekend which meets the VLMDAC goals ■ Route has been thoroughly vetted with the stakeholders , tov departments, usfs, emergency services, race planners , the route meets the needs of everyone • Communications effort is underway with releases to the community and from the vendor websites; want to ensure that everyone knows what is going on and the impacts on the community Mike Imhof, Vail Valley Foundation, thanked council for their funding support of the Colorado Classic Bike Race; he and his staff (Mac Garnsey) presented updates about the following topics: ✓ Contact information for the community ✓ History of bike racing ✓ Details about the circuit route for Thursday, August 16 ✓ Details about the Time Trial course for Friday, August 17 ✓ The Route Communication Strategy; see diagram below: COLORADO CLASSIC HAIL Route Communication Strategy The Town of Val, 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 mating to over 5.000 Vail addresses ▪ Communication via Town of Vol!. VVP, VRa and VCBA newsletters • Press release to the local media outlets Continued Communication Efforts: Additional releases and letters wit be sent ars further information develops 1 Up to date information can be found at coloradoclassicvoil .com 1 A neighborhood liaison has been esta b8shed to help answer any questions from Town of Vail residents r Town Council Meeting Minutes of March 20, 2018 Page 3 April 3, 2018 - Page 73 of 112 Chapin noted a couple of questions and thanked the VVF and TOV staff for their early planning work on the event. He noted there should be clear messaging for the community about the LH parking structure closure. 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. Ruther presented the update on the project and Michael O'Conner with Triumph Development, noted the final report would occur in the next couple of months. Ruther called out section 3 of the memo which highlighted a number of the updates, as follows: ✓ 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 30th. ✓ 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. Town Council Meeting Minutes of March 20, 2018 Page 4 April 3, 2018 - Page 74 of 112 ✓ 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. Mason expressed thanks and appreciation to those involved in the project and noted her excitement to see the finished project this upcoming summer. It was suggested to have a project party at the close of the construction. 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 for 2018 to provide an additional $160,000 for the program implementation. Greg Hall introduced the agenda topic and presented the proposed summer 2018 parking plan and budget. He noted 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 recommended 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 for winter and 1:00 PM for summer 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. Town Council Meeting Minutes of March 20, 2018 Page 5 April 3, 2018 - Page 75 of 112 ✓ 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 Chapin thanked the task force participants again and noted support for the recommendations. Several comments were made related to staying flexible with the needs of the lodges and using the west vail spaces for employees (construction). Chapin asked for input at this time and Seth Levy, Gypsum, expressed some concerns about education, electric charging stations, and overnight parking The council was supportive of the proposed parking plan and directed staff to implement the paid overnight fee structure for the Summer 2018 as outlined above and mend the second a reading of the first budget supplemental 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 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. Changes from first reading The following items reflect information requested by Council or updates since first reading: General Fund • Summer 2018: implement an overnight fee to free up additional parking spaces. 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. ■ 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. Housing Fund ■ 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. 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. Town Council Meeting Minutes of March 20, 2018 Page 6 April 3, 2018 - Page 76 of 112 Real Estate Transfer Tax Fund 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. Moffet noted he is not supportive of funding the Seibert sculpture, but he is supportive of all other changes. Chapin invited public input and Bill Rey, Roger Tilkemeier, Randy Milhoan, and Brant Seibert addressed the topic. Seibert offered his services and involvement in finding the right tribute to his father. There was no more public hearing input. Additional comments were given by town council as follows: ✓ Some confusion in that the idea and artwork did not follow the public process as mapped out by the town and AIPP ✓ There is consensus to fund the entire $300K ✓ A request that they continue fundraising for the sculpture ✓ Support for $150K with more public contributions as matching funds for the project ✓ There is much passion in the community and shown by Roger & Bill ✓ The best story is the support comes from both the public funds and the private community funds Foley moved to approve 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 to include a $150K placeholder to be used with matching private community funds for the Seibert Memorial. Bruno seconded the motion and it passed (5-1; Moffet opposed). 7.2. 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 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. Town Council Meeting Minutes of March 20, 2018 Page 7 April 3, 2018 - Page 77 of 112 The public hearing was opened by Chapin; a review of the legislation was presented by the Chief Building Official Jarecki. There was no public input. Moffet moved to approve 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. Bruno seconded the motion and it passed (6-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 8:30 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of March 20, 2018 Page 8 April 3, 2018 - Page 78 of 112 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 April 3, 2018 - Page 79 of 112 TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - April 3rd TOWN COUNCIL MEETING TOPICS • Housing Director • Virtually Vail • Spring Clean Up • County Manager • Retreat Dates • IT Updates • Fire Department Updates Town of Vail Housing Director Town Manager's Office 970.479.2106 970.479.2157 fax We are excited to announce the selection of our very own George Ruther to lead the newly created housing department. George will begin his role as Housing Director immediately. He was selected from a pool of more than 60 very qualified candidates. Six semi-finalists were interviewed by two teams — one including myself and Krista Miller, Human Resource Director, and the other comprised of four members from Town staff and two members of the Vail Local Housing Authority. It was a very thorough and inclusive process. Needless to say, the six semi-finalists were all quite qualified and the competition was stiff. George's success in leading recent housing initiatives in Vail and his passion for housing in Vail made him the top choice. An offer was extended and accepted on Wednesday, March 28. An appointment for an interim Community Development Director will be forthcoming, and we will commence a process to fill that vacancy in the months ahead. Congratulations to George! Virtually Vail Courtesy of Lori Ann Barnes, please note the following: Vail Public Library now has three digital collections: Vintage Vail Quilt, Vail Valley Voices, and Art in Vail. To access the digital records, click on the "Virtually Vail" tile in the online catalog at https://vail.marmot.org/. The Vintage Vail Quilt collection has information about the early years and landmarks of Vail. Vail Valley Voices and Art in Vail are both works in progress, with recordings and photos being added as they become available. April 3, 2018 - Page 80 of 112 Vail Public Library joined the Digital Archive movement through the leadership and guidance of the Marmot Library Network, located in Grand Junction, Colorado. Marmot hosts the servers that house the digital collections and also provides expertise, when it is needed. Marmot's Digital Archives Initiative was named "Colorado Library Project of the Year in 2017." The beauty of digital collections is that they can be discovered online and separate from the library catalog. The Vintage Vail Quilt collection has been spotlighted by the State of Colorado's Virtual Library and it will very soon be part of the first set of digital files shared with the Digital Public Library of America (DPLA) when the Colorado/Wyoming hub is added to DPLA. Spring Clean Up Yes it is that time, and insofar as Council expressed interest and input into this program, we are including the public announcement and schedule below. Our frontline contact is Mark Hoblitzell, Environmental Sustainability Coordinator, and should you have questions, he can be reached at 970-479-2333. Vail Spring Cleaning Blitz Dates Vail's annual spring cleaning activities are returning this year with multiple events in April and May. The 2018 Town of Vail Cleanup Day has been moved to an earlier date and will take place on Sunday, April 29. Dumpsters will be placed in East Vail and West Vail neighborhoods beginning on Wednesday, April 25 and are available for residential use. Volunteers are encouraged to register in advance by e -mailing cleanupday@vailgov.com. The spring cleaning blitz continues in May with free one -day -only recycling opportunities on Friday, May 11 for paper shredding, e -waste and household hazardous waste. Annual Cleanup Day — Sunday, April 29 The town's annual cleanup day takes place on Sunday, April 29 with check-in beginning at 9 a.m. at Donovan Park. Community members are encouraged to take part which will include a free barbeque after the event at Donovan Pavilion. As in the past, the first 100 participants will be awarded $25 to be distributed to one of many area non -profits approved by the Vail Town Council. Individual participants and groups are asked to contact the town in advance to make arrangements to participate. To pre -register, email cleanupday@vailgov.com_ or call 970-479-2333 and indicate how many volunteers will be participating, the non-profit recipient and any dietary considerations. Large Item Residential Pickup — Friday, April 27 On Friday, April 27 the town will offer the free collection, by appointment, of large items in Vail's residential neighborhoods from 8 a.m. to 3:30 p.m. This includes tables, shelves, chairs or other items too bulky for regular trash collection. Ineligible items include couches, mattresses, refrigerators/freezers, tires and hazardous waste. As a reminder, eagle county residents may dispose of up to 1,600 lbs. annually for free at the Wolcott landfill. Town Manager's Report Page 2 April 3, 2018 - Page 81 of 112 To make an appointment or to inquire about acceptable pickup items, call the Public Works Department at 970-479-2158 no later than noon on pickup day. Hard to Recycle Items — Friday, May 11 For hard to recycle items, the town is offering a free collection event for residents, property owners and those employed within Vail from 10 a.m. to 3 p.m. on Friday, May 11 at the Ford Park Parking lot. This event includes the collection of electronic waste (computers, TVs, phones, screens, printers, etc.), household hazardous waste (cleaners, paints, fuels, chemicals, etc.) and paper shredding (documents needing secure destruction). Ineligible items include smoke detectors, fire extinguishers, ammunition, explosives, biomedical waste, sharps, tires and biohazards. Participants must bring proof of Vail residency or employment within Vail to qualify for the service. Charges may apply for excessive amounts of materials. For questions, call the town's environmental sustainability office at 970-479-2333. Event organizer Mark Hoblitzell, the town's environmental sustainability coordinator, says the cleanup programs this spring are a great opportunity to get a jump start on spring cleaning and to encourage community members to join the town in keeping Vail clean and eco -friendly. Funding for this event comes from fees generated through Vail's "Kick the Bag Habit" program. To learn more or if you have questions about items not listed, visit lovevail.org or contact Hoblitzell at 970-479-2333. Eagle County Manager The Town of Vail, at the request of the Eagle County Board of County Commissioners, participated in the final review process related to the new County Manager. We were honored to do so. As you have likely seen in the media updates of recent, the County hired Jeff Shroll, current Gypsum Town Manager, to fill the vacancy. Jeff should be able to hit the ground running, as he has a long -tenured working knowledge of the valley, and is very well connected. We have sent him our congratulations. Retreat Schedule There are two events that we need to place on your calendar in the near term. First, the town staff would like to reconvene with the Council to continue the discussion, and prioritization, of the Town Council 2018-20 Action Plan. It is suggested that this occur at a Town Council regular meeting on May 15. Our intent is to have the retreat in the Grand View Room during the afternoon, and then resume the regular meeting schedule in the evening at Town Council Chambers. Second, the working group for the Vail Resorts retreat has suggested, as a starting point, to meet in Vail on May 22. This is not a Town Council day. The Town Manager's Report Page 3 April 3, 2018 - Page 82 of 112 agenda topics have been drafted and are still a work -in -progress. We could again use the Grand View room, or an alternative location if desired. Please take note that I will be on holiday during the last two weeks of May and will unfortunately miss this meeting, although I am assisting in the agenda formulation and other details. Dr. Karah Maloley will be facilitating. IT Updates Appended to this report is a memorandum from Ron Braden, Information Technology Director. The memo addresses two items of interest: the Crown Castle Cellular System update, and the Town of Vail Data Center. Ron will be present to walk you through the updates. Fire Department Updates As part of the transition out of the Resident Fire Fighter program, Vail Fire and Emergency Services recently welcomed six regular firefighters into our organization: • Duncan Oddy - promoted from Resident Firefighter to regular Firefighter • Peter Hodgson - Peter is returning to Vail Fire from the Seattle area. He began his career as a Resident with Vail Fire and was promoted to the rank of Engineer prior to taking a position in the Seattle area. • Oran Tool - Oran is returning to Vail Fire from a position with Westminster FD. Oran was previously a Resident Firefighter. • Kelly DeLaney - Kelly comes to Vail Fire from Wellington Fire Protection District. • Rio Burgess - Rio comes to Vail Fire from Southeast Weld County Fire Protection District. • Louie Podesta — Louis comes to Vail Fire from the Jackson Fire Department in the Sierra Foothills in California. We are pleased to welcome these new (or returning) members into the organization. Town Manager's Report Page 4 April 3, 2018 - Page 83 of 112 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ford Park2018 Summer Ford Park Parking Calendar PRESENTER(S): Greg Hall, director of Public Works and Transportation ACTION REQUESTED OF COUNCIL: Request input and approval on the 2018 Ford Park Summer Parking Calendar as prepared by staff and the Ford Park Users Group. BACKGROUND: Each Spring the summer activities and events calendar is reviewed b the Ford Park User Groups, including representatives from Town of Vail. Vail Recreation District, Vail Valley Foundation,(Gerald R Ford Amphitheater), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountains Science Center (as operators of Vail Nature Center). The group's proposed 2018 managed and paid parking program is attached. Similar transit service will be provided. New this year will be the ability to provide parking vouchers for usersof facilities not associated with the special event on a space available basis for a period of 2 hours. This will require those users to obtain validation from the appropriate venue (such as tennis center, BFAG education center classes, etc.) STAFF RECOMMENDATION: Approve the calendar as presented. ATTACHMENTS: Description Proposed Parking Calendar April 3, 2018 - Page 84 of 112 FORD PARK 2018 Summer Parking Calendar Dates Event Name * indicates use of the "Nest" Timeframe Paid Parking Amphitheater = RED BFAG = BLUE * managed = not paid May 2018 May 1 - May 31 Patrick Dougherty Exhibit 10:00 a.m. - 4:00 p.m. NA Thursday, May 17 Butterfly Launch 10:00 a.m. - 2:00 p.m. NA Thursday, May 24 Rehearsal BMHS Graduation Practice 8:00 AM - 1:00 PM NA Friday, May 25 - Friday, June 1 Betty Ford Alpine Gardens - Plant Sale 9:00 a.m. - 5:00 p.m. NA Friday, May 25 Vail Mountain School Graduations (3:00 p.m. to 6:00 p.m.) 8:00 AM - 6:00 PM Managed Parking Saturday, May 26 Battle Mountain High School Graduation (12:30 p.m. - 4:30 p.m.) 8:00 AM - 5:00 PM Managed Parking June 2018 Friday, June 1 Ski & Snowboard Club Vail Graduation (8 am - 5 pm) ***** Managed Parking June 1 -June 30 Set up of Patrick Dougherty Exhibit 9:00 a.m. - 5:00 p.m. NA Saturday, June 2 AEG HOLD Evening Paid Parking Sunday, June 3 AEG HOLD Evening Paid Parking Monday, June 4 AEG HOLD Evening Paid Parking Thursday, June 7 Mountain Games 5:30 PM Managed Parking Friday, June 8 Mountain Games 5:30 PM Managed Parking Saturday, June 9 Mountain Games 5:30 PM Managed Parking Sunday, June 10 Colorado Children's Chorale (CCC) Mountain Games 8:00 AM - 10:00 PM NA Monday, June 11 CCC (rehearsal) ***** NA Tuesday, June 12 CCC (rehearsal) ***** NA Wednesday, June 13 CCC 6:00 PM Managed Parking Thursday, June 14 AEG HOLD ***** NA Friday, June 15 King of the Mountain Volleybll Tournament AEG HOLD 7:00 AM - 7:00 PM Paid Parking Saturday, June 16 King of the Mountain Volleybll Tournament AEG CONFIRMED 7:00 AM - 7:00 PM Paid Parking Saturday, June 16 Betty Ford Alpine Gardens - Wedding 3:00 p.m. - 6:00 p.m. NA Sunday, June 17 King of the Mountain Volleybll Tournament AEG HOLD 7:00 AM - 7:00 PM Paid Parking Monday, June 18 Vail Lacrosse Tournament * 7:00 AM - 7:00 PM Paid Parking Tuesday, June 19 Vail Lacrosse Tournament * AEG Robert Plant Concert 7:00 AM - 7:00 PM Paid Parking Wednesday, June 20 Vail Lacrosse Tournament * 7:00 AM - 7:00 PM Paid Parking Thursday, June 21 Bravo Academy St. Martin in the Fields (ASMF) * Opening Night w Reception 3:30 PM - 6:30 PM Paid Parking Friday, June 22 Breakfast in the Gardens Fashion Show 8:30 a.m. - 12:00 p.m. NA Friday, June 22 Patrick Dougherty Reception & Open House (tentative) 4:00 p.m. - 8:00 p.m. NA Saturday, June 23 Bravo! Vail ASMF 3:30 PM - 6:30 PM Paid Parking Saturday, June 23 Betty Ford Alpine Gardens - Wedding 3:00 p.m. - 6:00 p.m. Sunday, June 24 Vail Lacrosse Shoot Out (LSO) Bravo! Vail ASMF 7:00 AM - 7:00 PM Paid Parking Monday, June 25 VRD Lacrosse Shoot Out * 7:00 AM - 7:00 PM NA Tuesday, June 26 VRD Lacrosse Shoot Out * Hot Summer Nights #2 7:00 AM - 7:00 PM Paid Parking Wednesday, June 27 VRD Lacrosse Shoot Out * Bravo Dallas Symphony * Opening Night w Reception 7:00 AM - 7:00 PM Paid Parking Thursday, June 28 VRD Lacrosse Shoot out 7:00 AM - 7:00 PM NA Friday, June 29 VRD Lacrosse Shoot out Bravo! Vail - DSO 7:00 AM - 7:00 PM Paid Parking revised 3/29/2018 Page 1 '')n1 O OF ..f FORD PARK 2018 Summer Parking Calendar Dates Event Name * indicates use of the "Nest" Timeframe Paid Parking Amphitheater = RED BFAG = BLUE * managed = not paid Saturday, June 30 VRD Lacrosse Shoot out Bravo! Vail - DSO 7:00 AM - 7:00 PM Paid Parking July 2018 Sunday, July 1 - July 9 Patrick Dougherty Exhibit 9:00 a.m. - 5:00 p.m. NA Sunday, July 1 VRD Lacrosse Shoot out Bravo! Vail - DSO 7:00 AM - 7:00 PM Paid Parking Monday, July 2 VRD Lacrosse Shoot out Bravo! Vail - DSO 7:00 AM - 7:00 PM Paid Parking Tuesay, July 3 VRD Lacrosse Shoot out Hot Summer Nights #3 7:00 AM - 7:00 PM Paid Parking Wednesday, July 4 VRD Lacrosse Shoot out Bravo! Vail VVF Patriotic Concert 7:00 AM - 7:00 PM Paid Parking Friday, July 6 Bravo! Vail The Philadelphia Orchestra (TPO) 3:30 PM - 6:30 PM Paid Parking Saturday, July 7 Bravo! Vail - TPO 3:30 PM - 6:30 PM Paid Parking Sunday, July 8 Bravo! Vail - TPO 3:30 PM - 6:30 PM Paid Parking Tuesday, July 10 Hot Summer Nights #4 5:00 PM - 8:00 PM Paid Parking Wednesday, July 11 Bravo! Vail - TPO 3:30 PM - 6:30 PM Paid Parking Wednesday, July 11 Betty Ford Alpine Gardens - Garden Member Soiree 5:00 p.m. - 7:00 p.m. Thursday, July 12 VRD PBR Baseball Bravo! Vail NRO Family Concert 9:00 AM - 1:00 PM Managed Parking Friday, July 13 VRD PBR Baseball Bravo! Vail -TPO 7:00 AM - 7:00 PM Paid Parking Friday, July 13 - July 31 H20=Life Exhibit 9:00 a.m. - 5:00 p.m. Saturday, July 14 VRD PBR Baseball Bravo! Vail -TPO 7:00 AM - 7:00 PM Paid Parking Sunday, July 15 VRD PBR Baseball AEG HOLD 7:00 AM - 7:00 PM Paid Parking Monday, July 16 AEG HOLD ***** NA Tuesday, July 17 Hot Summer Nights #5 5:00 PM - 8:00 PM Paid Parking Wednesday, July 18 AEG HOLD ***** NA Friday, July 20 Bravo! Vail New York Philharmonic (NYP) 3:30 PM - 6:30 PM Paid Parking Saturday, July 21 VRD Vail Soccer Tournament Bravo! Vail - NYP 3:30 PM - 6:30 PM Managed Parking (until 3:30 pm) Paid Parking Sunday, July 22 VRD Vail Soccer Tournament Bravo! Vail - NYP 3:30 PM - 6:30 PM Managed Parking (until 3:30 pm) Paid Parking Tuesday, July 24 Hot Summer Nights #6 5:00 PM - 8:00 PM Paid Parking Wednesday, July 25 Bravo! Vail - NYP 3:30 PM - 6:30 PM Paid Parking Thursday, July 26 Bravo! Vail - NYP 3:30 PM - 6:30 PM Paid Parking Friday, July 27 VRD Kick It Soccer Bravo! Vail - NYP 7:00 AM - 7:00 PM Paid Parking Saturday, July 28 VRD Kick It Soccer Vail Dance Festival #1 (Opening Night) 7:00 AM - 7:00 PM Paid Parking Sunday, July 29 VRD Kick It Soccer Vail Dance Festival #2 7:00 AM - 7:00 PM Paid Parking Tuesday, July 31 Vail Dance Fesitval #3 5:00 PM - 8:00 PM Paid Parking August 2018 Wednesday, August 1- Aug. 31 H20=Life Exhibit 9:00 a.m. - 5:00 p.m. NA Friday, August 3 VRD SB Tennis Tournament Vail Dance Fesitval #4 5:00 PM - 8:00 PM Paid Parking Saturday, August 4 VRD SB Tennis Tournament Vail Dance Fesitval #5 5:00 PM - 8:00 PM Paid Parking Saturday, August 4 Betty Ford Alpine Gardens - Wedding 3:00 p.m. - 6:00 p.m. NA Sunday, August 5 VRD SB Tennis Tournament ***** NA Monday, August 6 Vail Dance Festival #6 5:00 PM - 8:00 PM Paid Parking Tuesday, August 7 Vail Dance Festival #7 5:00 PM - 8:00 PM Paid Parking revised 3/29/2018 Page 2 '')n1 O on ..f FORD PARK 2018 Summer Parking Calendar Dates Event Name * indicates use of the "Nest" Timeframe Paid Parking Amphitheater = RED BFAG = BLUE * managed = not paid Thursday, August 9 Betty Ford Alpine Gardens - Intimate Evening 5:30 p.m. - 7:00 p.m. Friday, August 10 Vail Dance Festival #8 5:00 PM - 8:00 PM Paid Parking Saturday, August 11 Vail Dance Festival #9 5:00 PM - 8:00 PM Paid Parking Monday, August 13 Betty Ford Alpine Gardens - Tea on the Terrace 2:00 p.m. - 4:00 p.m. NA Tuesday, August 14 Hot Summer Nights #7 5:00 PM - 8:00 PM Paid Parking Wednesday, August 15 AEG HOLD ***** NA Thursday, August 16 Colorado Classic Bike Race ***** Closed Friday, August 17 Colorado Classic Bike Race Whistlepig - AEG HOLD 5:00 PM - 8:00 PM Paid Parking Saturday, August 18 Whistlepig - AEG HOLD 5:00 PM - 8:00 PM Paid Parking Sunday, August 19 AEG HOLD ***** NA Monday, August 20 AEG HOLD ***** NA Tuesday, August 21 Hot Summer Nights #8 5:00 PM - 8:00 PM Paid Parking Wednesday, August 22 AEG HOLD ***** NA Thursday, August 23 AEG HOLD ***** NA Friday, August 24 AEG HOLD ***** NA Saturday, August 25 AEG HOLD ***** NA Sunday, August 26 AEG HOLD ***** NA Monday, August 27 AEG HOLD ***** NA Tuesday, August 28 AEG HOLD ***** NA Wednesday, August 29 AEG HOLD ***** NA Thursday, August 30 AEG HOLD ***** NA Friday, August 31 AEG HOLD ***** NA PLEASE NOTE THIS SCHEDULE IS SUBJECT TO CHANGES revised 3/29/2018 Page 3 '')n1 07 ..f TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 8, Series of 2018, First Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. PRESENTER(S): Justin Lightfield, Planner ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon first reading. BACKGROUND: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations, which are summarized below. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve, on the first reading, Ordinance No. 8, Series of 2018. ATTACHMENTS: Description Staff Memo Attachment A - Ordinance No. 8, Series 2018 Attachment B - PEC Staff Memorandum, 03-26-2018 Attachment C - PEC Minutes, 03-26-2018 Attachment D - Site Photos of existing wireless service facilities April 3, 2018 - Page 88 of 112 TOWN OFD } Memorandum To: Vail Town Council From: Community Development Department Planning and Environmental Commission Date: April 3, 2018 Subject: First Reading of Ordinance No. 8, Series of 2018, an ordinance for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto. (PEC18- 0010) Applicant: Town of Vail Planner: Justin Lightfield I. SUMMARY The applicant, the Town of Vail, requests the review of a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto. The Planning and Environmental Commission held a public hearing on the proposed Prescribed Regulations Amendment on March 26, 2018 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 7-0. II. DESCRIPTION OF REQUEST In order to implement the regulations and to align the Vail Town Code with state and federal requirements, the Town has requested the adoption of a new chapter within Title 12 of the Vail Town Code. The proposed request is to amend Title 12 of the Vail Town Code by adding a new Chapter 27, Wireless Service Facilities. The proposed ordinance is not a change in policy, but is required in order to ensure that the Town's regulations are consistent with state and federal law, including the Telecommunications Act of 1996, the Spectrum Act, and House Bill 17-1193. April 3, 2018 - Page 89 of 112 III. BACKGROUND The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations, which are summarized below. The Telecommunications Act of 1996 (Federal) In accordance with the Telecommunications Act of 1996 (the "Act"), local governments are authorized to regulate the placement, construction and modification of personal wireless service facilities, provided that any such regulation does not unreasonably discriminate among providers of functionally equivalent services, or prohibit, or have the effect of prohibiting the provisions of personal wireless services. The Spectrum Act (Federal) Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (commonly referred to as the "Spectrum Act"), requires a local government to approve any eligible request for a modification of an existing wireless tower or base station that does not "substantially change" the physical dimensions of such tower or base station. Section 6409 also imposes new rules on a local government's review of applications for the modification of existing towers and base stations. Section 6409 does not apply to applications for new towers or base stations, but rather, modifications of existing towers and base stations. House Bill 17-1193 (State) The Colorado General Assembly passed House Bill 17-1193, which also provides certain mandatory procedural requirements and regulations for installation of small cell facilities within public rights-of-way. HB 17-1193 provides that telecommunications provider has the right to locate or collocate small cell facilities and small cell networks on local government entity's light poles, traffic signals, or utility poles in rights-of-way owned by local government, subject applicable law. HB 17-1193 clarifies that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Town of Vail Page 2 April 3, 2018 - Page 90 of 112 IV. PLANNING AND ENVIRONMENTAL COMMISSION ACTION On March 26, 2018, the Planning and Environmental Commission (PEC) voted 7-0 to recommend that the Vail Town Council approve Ordinance No. 8, Series of 2018. This recommendation was based upon the review of the criteria outlined in Section V of the March 26, 2018 memorandum to the PEC (Attachment B) and the evidence and testimony presented. Please see the PEC minutes from March 26, 2018 (Attachment C) for additional detail. V. ACTION REQUESTED OF THE VAIL TOWN COUNCIL Should the Vail Town Council choose to approve Ordinance No. 8, Series of 2018 upon first reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 8 Series of 2018, an ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code by the addition of a new Chapter 27 of Title 12, concerning Wireless Service Facilities, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 8, Series of 2018 on first reading, the Planning and Environmental Commission recommends the Council makes the following findings: "Based upon the review of the criteria outlined in Section V of the Staff memorandum to the Planning and Environmental Commission dated March 26, 2018 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Town of Vail Page 3 April 3, 2018 - Page 91 of 112 VI. ATTACHMENTS A. Ordinance No. 8, Series 2018 B. Planning and Environmental Commission Staff Memorandum, 03-26-2018 C. Planning and Environmental Commission Minutes, 03-26-2018 D. Site photos of existing wireless service facilities in the Town of Vail Town of Vail Page 4 April 3, 2018 - Page 92 of 112 ORDINANCE NO. 8 SERIES 2018 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW CHAPTER 27 OF TITLE 12, CONCERNING WIRELESS SERVICE FACILITIES WHEREAS, pursuant to the Telecommunications Act of 1996 (the "Act"), local governments are authorized to regulate the placement, construction and modification of personal wireless service facilities, provided that any such regulation does not unreasonably discriminate among providers of functionally equivalent services, or prohibit, or have the effect of prohibiting the provisions of personal wireless services; WHEREAS, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ("Section 6409") requires a local government to approve any eligible request for a modification of an existing wireless tower or base station that does not "substantially change" the physical dimensions of such tower or base station; WHEREAS, the Colorado General Assembly passed House Bill 17-1193, which also provides certain mandatory procedural requirements and regulations for installation of small cell facilities within public rights-of-way; and WHEREAS, the Town Council wishes to establish a procedure for review of applications for the installation of wireless service facilities within the Town in compliance with the Act, Section 6409 and House Bill 17-1193. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 27, entitled "Wireless Service Facilities," to read as follows: CHAPTER 27 WIRELESS SERVICE FACILITIES 12-27-1: PURPOSE AND APPLICABILITY: A Purpose. The purposes of this Chapter are: to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community; to act on applications for the location of wireless service facilities within a reasonable time; to encourage co -location of wireless service facilities, and to prevent unreasonable discrimination among providers of functionally equivalent services. B. Applicability. This Chapter applies to all WSFs, in addition to all other applicable provisions of this Code. 1 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX April 3, 2018 - Page 93 of 112 12-27-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ACCESSORY EQUIPMENT: Equipment, including buildings and structures, used to protect and enable radio switching equipment, back up power and other devices incidental to a WSF, but excluding antennae. ANTENNA: Communications equipment that transmits or receives electromagnetic radio frequency signals used to provide wireless service. BASE STATION: A structure or equipment, other than a tower, at a fixed location that enables FCC -licensed or authorized wireless communications between user equipment and a communications network, including equipment associated with wireless communications services, including radio transceivers, antennae, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks), and any structure, other than a tower, to which any of the equipment described herein is attached. BUILDING ROOF -MOUNTED WSF: A WSF that is mounted and supported entirely on the roof of a legally existing building or structure. BUILDING WALL -MOUNTED WSF: A WSF that is mounted and supported entirely on the wall of a legally existing building or structure. ELIGIBLE FACILITY REQUEST: A request for approval of the modification of an existing tower or base station that involves the co - location of new transmission equipment, the removal of transmission equipment or the replacement of transmission equipment. EQUIPMENT STORAGE SHELTER: Buildings, storage shelters, and cabinets used to house WSF equipment. FAA: Federal Aviation Administration. FCC: Federal Communications Commission. FREESTANDING WSF: A WSF that consists of a stand-alone support structure such as a tower or monopole, and antennae and accessory equipment. MICRO WSF: A WSF that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height, with exterior antenna, if any, of no more than eleven (11) inches in length. 2 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX April 3, 2018 - Page 94 of 112 PUBLIC RIGHT-OF-WAY: Any road, street, alley, trail, sidewalk, easement or right-of-way dedicated to public use, including without limitation access and utility easements. SMALL CELL FACILITY: Either a personal wireless service facility as defined by the federal Telecommunications Act of 1996, or a WSF where: each antenna is located inside an enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3) cubic feet; and primary equipment enclosures are no larger than seventeen (17) cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch. A small cell facility includes a micro WSF. SMALL CELL NETWORK: A collection of interrelated small cell facilities designed to deliver wireless service. SUBSTANTIAL CHANGE: A modification to an existing tower or base station under the following circumstances: 1. A substantial change in the height of an existing tower or base station occurs as follows: a. For a tower outside of a public right-of-way, when the height of the tower is increased by more than ten percent (10%), or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater. b. For a tower located in a public right-of-way or a base station, when the height of the structure increases by more than ten percent (10%) or by more than ten (10) feet, whichever is greater. 2. Changes in height are measured as follows: a. When deployments are separated horizontally, changes in height shall be measured from the original support structure, not from the height of any existing telecommunications equipment. b. When deployments are separated vertically, changes in height shall be measured from the height of the tower or base station, including any appurtenances, as the tower or base station existed on February 22, 2012. 3 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX April 3, 2018 - Page 95 of 112 3. A substantial change in the width of an existing tower or base station occurs as follows: a. For a tower outside of public rights-of-way, when the addition of an appurtenance to the body of the tower protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater. b. For a tower in a public right-of-way or a base station, when the addition of an appurtenance to the body of the structure would protrude from the edge of the structure by more than six (6) feet. 4. A substantial change also occurs for an existing tower in a public right-of-way or an existing base station as follows: a. When the change involves the installation of any new equipment cabinets on the ground, if no ground cabinets presently exist; or b. When the change involves the installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any existing ground cabinets. 5. A substantial change also occurs for any existing tower or base station when any of the following are found: a. When the change involves installation of more than the standard number of new equipment cabinets for the technology involved, or more than four (4) new cabinets, whichever is less. b. When the change entails any excavation or deployment outside the current site. c. When the change would defeat the concealment elements of the eligible support structure. d. When the change does not comply with conditions associated with the original approval of the construction or modification of the tower, base station or base station equipment. This limitation does not apply if the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that would not exceed the thresholds identified in subsections (1)-(5)(b) hereof. TOWER: A structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennae and their associated facilities, 4 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX April 3, 2018 - Page 96 of 112 including structures that are constructed for wireless communications services, including without limitation private, broadcast, public safety services, unlicensed wireless services and fixed wireless services such as microwave backhaul. WIRELESS SERVICE: Data and telecommunications services, including commercial mobile services, commercial mobile data services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal law. WIRELESS SERVICE FACILITY (WSF): A facility for the provision of wireless services, including a small cell facility, excluding coaxial or fiber- optic cable that is not immediately adjacent to or directly associated with a particular antenna. 12-27-3: STANDARDS FOR ALL WSFS: A. Compliance with law: All WSFs shall meet the current standards of the FCC and any other applicable law. By adopting this Section, the Town is not attempting to regulate radio frequency power densities or electromagnetic fields, which are controlled by the FCC. B. Verification: Upon a request by the Town at any time, a WSF owner or operator shall verify that: 1. The WSF complies with current FCC regulations prohibiting localized interference with reception of television and radio broadcasts; and 2. The WSF complies with the current FCC standards for cumulative field measurements of radio frequency power densities and electromagnetic fields. C. Applications: 1. An application to locate a new WSF not deemed to be an eligible facility request shall be approved or denied by the Town within ninety (90) days of the Town's receipt of a completed application. This time period may be tolled by mutual agreement. The time it takes for an applicant to respond to a first request for additional information will not count toward the ninety (90) day period set forth herein if the Town notifies the applicant of an incomplete application. 2. Each WSF shall be evaluated for approval subject to the standards set forth in this Code as well as current standards and 5 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX April 3, 2018 - Page 97 of 112 regulations of the FCC and any other agency authorized to regulate WSFs. 3. When an application for approval of any WSF is incomplete, the Town shall provide written notice to the applicant within thirty (30) days, specifically identifying all missing documents or information. If an application remains incomplete after a supplemental submission, the Town shall notify the applicant within ten (10) days. Second or subsequent notices of incompleteness may not require the production of documents or information that were not requested in the original notice of incompleteness. D. Criteria: In considering an application for approval of any WSF, the Town shall base its decision on whether the WSF meets the applicable standards as outlined in this Chapter and all other applicable standards of the Code. E. Denial: A final decision by the Town to deny any application under this Chapter shall be in writing and supported by substantial evidence contained in a written record. 12-27-4: FREESTANDING WSFS: A. Review required: Prior to the location of a freestanding WSF within the corporate limits of the town, design approval shall be required per Chapter 11 of this Title. B. Setbacks: A freestanding WSF located within two hundred fifty (250) feet of property zoned for residential use shall be set back from each property line one (1) foot of distance for every one (1) foot of height, plus an additional ten (10) feet. A freestanding WSF located more than two hundred fifty (250) feet from property zoned for residential use shall meet the minimum setbacks for buildings and structures in the underlying zone district. 12-27-5: BUILDING MOUNTED WSFS: A. Review required: Prior to the location of a building mounted WSF within the corporate limits of the town, design approval shall be required per Chapter 11 of this Title. B. All accessory equipment shall be placed inside a building if feasible. Equipment storage shelters shall be grouped as closely as technically possible, and the total area of all accessory equipment, including storage shelters, shall not exceed four hundred (400) square feet per WSF. 6 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX April 3, 2018 - Page 98 of 112 12-27-6: SMALL CELL FACILITIES: A. A telecommunications provider or broadband provider may locate or collocate small cell facilities or small cell networks on light poles, light standards, traffic signals, or utility poles owned by the Town in public rights-of-way, subject to the following: 1. A small cell facility or a small cell network shall not be located or mounted on an apparatus, pole, or signal with tolling collection or enforcement equipment attached. 2. If upon inspection, the Town concludes that a WSF fails to comply with applicable law and constitutes a danger to persons or property, upon thirty (30) days' prior written notice to the owner or operator, the owner or operator shall bring the WSF into compliance. Upon good cause shown, the Town may extend such compliance period for not more than ninety (90) days from the date of said notice. If the owner or operator fails to bring the WSF into compliance, the Town may remove the WSF at the expense of the owner or operator. B. The Town may contract with any telecommunications provider concerning the attachment of small cell facilities to poles or structures in the right-of-way. The Town shall not request or receive from a telecommunications provider, in exchange for or as a condition upon a grant of permission to attach a small cell facility, any in-kind payment or payment in excess of the amount that would be authorized if the Town were regulated pursuant to 47 U.S.C. § 224. A. General: An application for approval of a WSF shall include all information regularly required for other development applications, in addition to the following: 1. A written, narrative statement describing in detail how the WSF will comply with the standards in this Chapter. 2. If requested by the Town, photographic simulations showing the proposed WSF and, if applicable, the structure on which it will be attached. C. A telecommunications provider or broadband provider may file a consolidated application for a single permit for a small cell network involving multiple individual small cell facilities. However, each small cell facility individually is subject to review for compliance with this Chapter. 12-27-7: MICRO WSFS: A. No permit shall be required for the installation, placement, operation, maintenance, or replacement of a micro WSF that is suspended 7 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX April 3, 2018 - Page 99 of 112 on cable operator -owned cables or lines that are strung between existing utility poles in compliance with applicable law. B. The Town may require a permit for installation, placement, operation, maintenance, or replacement of a micro WSF where the installation, placement, operation, maintenance, or replacement: 1. Involves working within a highway travel lane or requires the closure of a highway travel lane; 2. Disturbs the pavement or a shoulder, roadway, or ditch line; 3. Includes placement on limited access rights-of-way; or 4. Requires any specific precautions to ensure the safety of the traveling public; the protection of public infrastructure; or the operation of public infrastructure; and such activities either were not authorized in, or will be conducted in a time, place, or manner that is inconsistent with, the approval terms of the existing permit for the facility or structure upon which the micro WSF is attached. 12-27-8: ELIGIBLE FACILITY REQUESTS: A. Time: An eligible facility request shall be approved or denied by the Town within sixty (60) days of the Town's receipt of the completed application. This time period may be tolled only by mutual agreement or when an application is incomplete. If the Town fails to approve or deny an eligible facility request within sixty (60) days of the Town's receipt of the completed application (accounting for any tolling), the request shall be deemed granted; provided that this automatic approval shall become effective only upon the Town's receipt of written notice from the applicant after the review period has expired (accounting for any tolling) indicating that the application has been deemed granted. B. Approval: 1. The Town shall approve an eligible facility request that does not substantially change the physical dimensions of a tower or base station. 2. The Town may approve an eligible facility request that substantially changes the physical dimensions of a tower or base station if it complies with the remainder of this Code. 3. The Town may condition the approval of any eligible facility request on compliance with generally applicable building, structural, electrical, and safety codes or with other laws codifying objective standards reasonably related to health and safety. 8 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX April 3, 2018 - Page 100 of 112 Section 2. Severability. 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 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. Retroactivity. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2018 and a public hearing for second reading of this Ordinance is set for the day of , 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2018. ATTEST: Patty McKenny, Town Clerk 9 Dave Chapin, Mayor 3/21/2018 M:IPECIPEC18-00101ORDINANCE NO. 8 SERIES 2018 WIRELESS SERVICE FACILITIES.DOCX April 3, 2018 - Page 101 of 112 rowN OFD } Memorandum To: Planning and Environmental Commission From: Community Development Department Date: March 26, 2018 Subject: A request for a recommendation to the Vail Town Council for a prescribed regulations amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto. (PEC18- 0010) Applicant: Town of Vail Planner: Justin Lightfield I. SUMMARY The applicant, the Town of Vail, requests the review of a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto. The Planning and Environmental Commission's role in the review of the Code language is to make a recommendation on the language that should be incorporated into the Town Code to allow for an implementable Wireless Service Facilities section. The final determination will be made by Town Council. Based upon staff's review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulations amendment, subject to the findings noted in Section VI of this memorandum. II. DESCRIPTION OF REQUEST In order to implement the regulations and to align the Vail Town Code with state and federal requirements, the Town Council has requested the adoption of a new chapter within Title 12 of the Vail Town Code. The proposed request is to amend Title 12 of the Vail Town Code by adding a new Chapter 27, Wireless Service Facilities. The proposed ordinance is not a change in policy, but is required in order to ensure that the Town's April 3, 2018 - Page 102 of 112 regulations are consistent with state and federal law, including the Telecommunications Act of 1996, the Spectrum Act, and House Bill 17-1193. III. BACKGROUND The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations, which are summarized below. The Telecommunications Act of 1996 (Federal) In accordance with the Telecommunications Act of 1996 (the "Act"), local governments are authorized to regulate the placement, construction and modification of personal wireless service facilities, provided that any such regulation does not unreasonably discriminate among providers of functionally equivalent services, or prohibit, or have the effect of prohibiting the provisions of personal wireless services. The Spectrum Act (Federal) Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (commonly referred to as the "Spectrum Act"), requires a local government to approve any eligible request for a modification of an existing wireless tower or base station that does not "substantially change" the physical dimensions of such tower or base station. Section 6409 also imposes new rules on a local government's review of applications for the modification of existing towers and base stations. Section 6409 does not apply to applications for new towers or base stations, but rather, modifications of existing towers and base stations. House Bill 17-1193 (State) The Colorado General Assembly passed House Bill 17-1193, which also provides certain mandatory procedural requirements and regulations for installation of small cell facilities within public rights-of-way. HB 17-1193 provides that telecommunications provider has the right to locate or collocate small cell facilities and small cell networks on local government entity's light poles, traffic signals, or utility poles in rights-of-way owned by local government, subject applicable law. HB 17-1193 clarifies that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Town of Vail Page 2 April 3, 2018 - Page 103 of 112 IV. APPLICABLE PLANNING DOCUMENTS Title 12 — Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. 8. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. CRITERIA FOR REVIEW Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and Staff finds the prescribed regulations amendment furthers the general and specific purposes of the zoning regulations by allowing the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. Additionally, the prescribed regulations amendment encourages co - location of wireless service facilities, thereby maintaining the Town's established Town of Vail Page 3 April 3, 2018 - Page 104 of 112 appearance. This amendment meets the following purposes of the zoning regulations: 12-1-2 A General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 8. To safeguard and enhance the appearance of the town. Staff finds that this criterion has been met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and Staff finds that the proposed prescribed regulations amendment will better implement or achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan. Specifically in the Vail Land Use Plan's adopted Goals and Policies, staff identified the following applicable statement: 1. General Growth / Development Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. Additionally, in the Vail 20/20 Strategic Action Plan, staff identified the following applicable statement: Goal #3: Ensure fairness and consistency in the development review process. Staff finds that this criterion has been met. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and Town of Vail Page 4 April 3, 2018 - Page 105 of 112 Staff believes that while existing regulations are still appropriate and applicable, the prescribed regulations amendment will further codify existing process and regulations with state and federal laws, including the Act, Section 6409 and House Bill 17-1193. Staff finds that this criterion has been met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed language ensures the Town is in compliance with state and federal laws. Staff believes this amendment will ensure a harmonious, convenient, workable relationship among land use regulations consistent with the Town's development objectives. Specifically, the prescribed regulations amendment encourages the Town to continue the co -location of wireless service facilities and prevents unreasonable discrimination among the providers of functionally equivalent services. Staff finds that this criterion has been met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulations amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulations amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: Town of Vail Page 5 April 3, 2018 - Page 106 of 112 "Based upon a review of Section V of the March 26, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." VII. ATTACHMENTS Attachment A — Ordinance No. 8, Series 2018 Attachment B — Site photos of existing wireless service facilities in the Town of Vail Town of Vail Page 6 April 3, 2018 - Page 107 of 112 3.3 A request for a recommendation to the Vail Town Council for a prescribed regulations amendment pursuant to Section 12-3-7 Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code to add a new Chapter 27, Wireless Service Facilities, and setting forth details in regard thereto. (PEC18-0010) Applicant: Town of Vail Planner: Justin Lightfield Motion: Recommend Approval to the Vail Town Council First: Stockmar Second: Gillette Vote: 7-0-0 Lightfield began by distributing a confidential memo prepared by the Town Attorney. The PEC adjourned for approximately five (5) minutes to allow time to review the memo. Lightfield explained that the purpose of the amendment was to align Town Code with state and federal regulations. Lightfield reviewed the recent state and federal acts governing wireless service facilities and how they impact existing Town of Vail regulations. Stockmar — Asked for clarification that both telephony and wi-fi were included in this amendment. Lightfield confirmed. Gillette — Asked what prompted the code amendment. Lightfield stated that it is based on the Town Attorney's recommendation to align the Town Code with state and federal regulations. Stockmar — Asked if the Town is currently non -conforming to state or federal regulations. Lightfield responded negative, but this amendment brings forward more specific state and federal requirements. Rediker — Asked for clarification of the language regarding substantial changes. Asked if the proposal would grant unfettered access to the construction of wireless service facilities anywhere in Town. Lightfield explained that the Town is allowing the minimum requirements per state and federal regulations. Stockmar — Asked Lightfield to confirm that the proposal meets the minimum standards for all of the state and federal requirements. Lightfield confi rmed. Rediker — Asked for clarification between small wireless facilities and micro facilities. Asked if there was an appeal process available to the Town if a wireless service provider wanted to mount a facility in the public April 3, 2018 - Page 108 of 112 right-of-way that the Town did not agree with the proposed location. There was no public comment. Stockmar — Stated his support for the proposed amendment. Gillette — Stated his support for the proposed amendment. Kurz — Stated his support for the proposed amendment. Perez — Stated her support for the proposed amendment. Hopkins — Stated her support for the proposed amendment. Lockman — Stated his support for the proposed amendment. Rediker — Concurred with the other commissioners and stated that the state and federal government has imposed the regulations upon the Town. April 3, 2018 - Page 109 of 112 April 3, 2018 - Page 110 of 112 1 April 3, 2018 - Page 111 of112 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 7:15 p.m. TOWN Of UAIL April 3, 2018 - Page 112 of 112