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2018-04-17 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, April 17, 2018 TOWN Of 4IAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Consent Agenda 2.1. Vail 2018 Overlay Contract Award 3. Town Manager Report 3.1. Town Manager Report Community Picnic Dates: * July 24, 2018 at Bighorn Park * August 7, 2018 at Donovan Pavilion 4. Presentations / Discussion 4.1. Town of Vail Global Friendship Exchange Program, Follow up Report on 30 min. Yamanouchi-machi and Nagano Japan Exploration Visit Presenter(s): Patty McKenny, Town Clerk, Mia Vlaar, Economic Development, Souichi Nakamura, I nterpacific Network Corporation Action Requested of Council: No formal action requested. Presentation and discussion about next steps. Background: This past January a Vail delegation traveled on an exploration visit to Yamanouchi-machi and Nagano, Japan. The Mayor of Yamanaouchi-machi and the Governor of Japan invited officials to visit the resort region and consider entering into friendship exchange agreements whereby Vail and Yamanouchi-machi would strengthen relationships as resort communities through exchanges focused on topics of tourism, environmental sustainability, transportation, and business development. 4.2. Town of Vail Annual Resale Lottery Criteria Process — Recommendation to 30 min. Vail Town Council April 17, 2018 - Page 1 of 95 Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Vail Local Housing Authority Chairman Action Requested of Council: Listen to the VLHA recommendation and provide direction on next steps recommended by the VLHA and Housing Department staff Background: The Town of Vail Housing Department conducts an annual resale lottery selection process to determine eligibility to bid and purchase for -sale deed -restricted employee housing units which may become available for purchase in the coming calendar year. This lottery selection process occurs the first week of June, annually. The procedures for the Town's annual resale lottery process are outlined in the Town of Vail Employee Housing Guidelines, adopted October 10, 1999. By and large, and specifically as it relates to the lottery process, the Guidelines have remained unchanged since their original adoption nearly twenty years ago. This presentation outlines the recommendation of the VLHA and Housing Department staff. Staff Recommendation: See next steps in memorandum dated April 17, 2018 5. Action Items 5.1. Ordinance No. 9 Series of 2018, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-4 Regarding Misuse of a Wireless Telephone While Driving Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 9, Series of 2018 upon first reading. Background: On June 1, 2017 the Colorado General Assembly passes Senate Bill 17-027 regarding the misuse of wireless telephone while driving. The Town wishes to adopt certain provisions of Senate Bill 17-027. 6. Public Hearings 6.1. Ordinance No. 8, Series of 2018, Second 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 second 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. Staff Recommendation: Staff recommends that the Vail Town Council approve, on the second reading, Ordinance No. 8, Series of 2018. 7. Adjournment 10 min. 5 min. April 17, 2018 - Page 2 of 95 7.1. Adjournment 7:40 pm Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. April 17, 2018 - Page 3 of 95 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail 2018 Overlay Contract Award ATTACHMENTS: Description Vail 2018 Overlay Contract Memorandum TOWN OF 1 X41 April 17, 2018 - Page 4 of 95 TOWN OF VAIL. Memorandum To: Town Council From: Public Works Date: 04/17/2018 Subject: Vail 2018 Overlay Contract Award I. ITEM/TOPIC Vail 2018 Overlay Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Elam Construction to complete the Vail 2018 Overlay Project. III. BACKGROUND Staff received 2 bids for the Vail 2018 Overlay Project from Elam Construction and United Companies. The project is budgeted with the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in this year's asphalt overlay project include Vail Road, Vail Valley Dr in the Gold Peak vicinity, Cabin Cir, Eagles Nest Cir, Fairway Dr, Fairway Ct, Homestake Cir, Hornsilver Cir, Ptarmigan Rd and Springhill Ln. The project is scheduled to be completed by July 20, 2018. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Elam Construction to complete the Vail 2018 Overlay Project in the amount not to exceed $350,000.00. April 17, 2018 - Page 5 of 95 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report Community Picnic Dates: * July 24, 2018 at Bighorn Park *August 7, 2018 at Donovan Pavilion ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 April 17, 2018 - Page 6 of 95 TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - April 17th TOWN COUNCIL MEETING TOPICS • CC4CA Update • Fire Chief Update • Council Staff Retreat Town Manager's Office 970.479.2106 970.479.2157 fax Colorado Communities for Climate Action Kristen Bertuglia and I attended the Training For Local Officials in Carbondale on April 6th (I traveled to the location and Kristen attended by phone). The agenda for the training is pasted below, for your review. It was a well -attended conference, focusing on the CC4CA structure, state lobbying procedures, pending legislation, and policy strategies. As the topic arises from time to time, the function and mission of CC4CA, as distinguished from the myriad other climate action groups and government consortiums, is primarily based upon policy advocacy at the state level. Also pasted below is a one page summary of the organization, which includes the list of membership local governments. The Town of Carbondale has recently joined the consortium. Related, CC4CA, recently submitted a letter to the Governor that concerns the Advanced Clean Car Standards. This is a very significant topic as efforts are underway at the federal level to roll back the EPA standards related to auto emissions. Many states have responded by utilizing authority provided in the Clean Air Act to adopt Advanced Clean Car Standards, essentially preserving the current federal standards now in place, but being threatened. April 17, 2018 - Page 7 of 95 The letter was signed by 52 county commissioners in Colorado, and members of 26 municipalities. Councilmember Langmaid agreed to be included as a signatory. The letter has had compelling influence on the Governor's Office and we are hopeful that some administrative action will follow in the weeks ahead. A copy of the letter follows. CC4CA COlirPrOCkli {pmmuni[ION for eh near ALiwn Advocating for Climate Protection Policy Beyond City and County Boundaries: A Training for Local Government Officials A prll Cr 201B Calaway Roam, Third Street Center, 520 South Third Street, Carbondale 12:0 - 4:00 Agenda 1,Lundt.IAmta1tiOn€&Ut+ervipw 12-3p pm Welcome and introductions (Steve Child, Pitkin County Commissioner; pan Richardson, (Vlayor. Carbondale; Mona Newton, CEO/President, Comm unityOfhce for Resource Efficiency,] About CC4CA (Carl Castilla CC4CA chair, City of Bou;der Polity Advisorll D. Mission, vision and workplan Advocacy and the poweraf local Emvernmenr coalition c. Committee structure and decision-making d. Member governments and roles e. Consultants and roles f. CC4G4'5 policy agenda - adoption and use Converting the policy agenda to action 2. Makinit the Case that almate Protectior Matters to Local Governments jJacogSmith, CC4CA Interim Executive Director] a_ Key substantive elements of the case for climate protection b. reg language elements of the case for climate protection c. Why state policy matters for climate change and the nexus to local government concerns 1 30 pm BREAK 2:15 pm Lab/Mato Affect {harm c at the State [a,oitol (Mark Rutin, Boulder County Senior Poli{y Analyst) 2:30 pm a. The legislative structure 81 process b_ An exam pie: the RTA bill c. Where you come in i_ Lobbying ii. Engaging constituents iii, Testifying 4. princinr the PiecesTQ ether (Jacob Smith] a. Core Approa rhes for crafting pol icy stra regi es Cestgning an "outside strategy' that integrates with the "inside strategy" c. Tacticsje.g„ editorials, op-eds coalition building, public meetings} 315 pm Town Manager's Report Page 2 April 17, 2018 - Page 8 of 95 h CC4CA tiwx :.7��n.n�eita Colorado Communities for Climate Action march 21118 COIQradotommunititt fpr Elirrtata3 Atkigri is neveCoalition of localgovernment5 that adieu€dit5ler stale and lederal policies to protect Colorado's climate for c urren land Future generations. The slide and federal actions the coalition seeks are needed to complement the local €rnate at !ions CUCA members already have underway, which include ambitious goals tore duce local heat•trapping emissions and strong local policies it) meet those goals. But local governments simply cannot meet their climate goals on their own—they also need a better lrarrtework of state and federal LIM nit policies to enable their local actions to be more effective That reality led to the creation of CC4CA, in which local governments have joined forces to work for state and federal a€tions supporting and comp! erne nring local climate -protection actAorXs. The 17 members of CC4CA are: • Boulder County • San Miguel County • City of Fort Collins • City of Aspen • City of Westminster • Town of Carbondale • City of Boulder • Town of Vail • Eagle County • Town or Basalt • 5ummiliCounty • Town or Frisco • City of Latagtte • Town of Telluride • City of Golden • Town of Mountain Village • Pitkin COunty Already, the cballtion represents more than one-eighth Of all Coloradans, and additional iocaI governments am expected to soon join CC4CA- Colorado Communities for Clirnate Action has adopted, by unanimous consent among its members, a policy agenda of 5teps that should be taken at the state and federal levels, often in partnership with local cow rnmenls, to enable Colorado and its communities to lead In protecting the climate. The agenda includes State legislative and executive branch policies and actions to: • extend current authorities and provide new ones for local actions, • set new slate climate -protection goals, • define and implement concrete steps to meet those goals. • reduce heat •trapping emissions through concrete new policies an electricity generation. energy efficiency, transportation, and waste management. The coalition is assisted by consultants, including FrOntlrne Public Affairs to represent it before the ita1e Ind leoerdl Ruvernments, and Cedar Creek Strategies and the Rocky Mou main Cl trate Organuatron to administer the coalition and support decision making•mak,ng forts members For more Information: Ton Easley edsley@rorkymauntdindirnate .0 g • I 1593-085# cr4ca-ori Town Manager's Report Page 3 April 17, 2018 - Page 9 of 95 Town Manager's Report Elected Officials from Colorado Local Governments March 30, 2018 The Honorable John D. Hick enlooper Gokeemor of Colorado 200 E Colfax Avenue Denver, CO 80203 Dear Governor Hickenlooper: On behalf of the Colorado communities that we are privileged to represent, thank you for your leadership m working to reduce Colorado's greenhouse gas (GHG} emissions_ We ask that you protect that legacy. now threatened by the impending rollback of the EPA's federal auto emission standards, by adopting Advanced Clean Car Standards. On October 5, 2017, your Department of Public Health and Environment submitted comments on the federal governmaent's proposed "Reconsideration of the Final Determination of the Mid - Term Evaluation of Greenhouse Gas Fmi£sion Standards for Model Year 2022-2025_" The proposal would essentially undo the fuel econom'v increases through 2025 that EPA adopted in 2015. By 2030: these standards are estimated to annually save consumers over $50 billion, reduce oil consumption by 23 billion gallons_ and reduce national greenhouse gas emissions by 270 million tons. They have already- spurred innovation in the auto industry_ leading to all kinds of improvements — advanced aerodynamic design, lighter weight materials, better engine design, and new electric vehicle designs — all of which are helping consumers save fitel casts. In other words, these standards have been working well in Colorado and across the country. An analysis by the Environmental Defense Fund indicates that the federal government's expected decision to freeze the standards at 2020 levels would increase the annual emissions by vehicles in Colorado of NOx by 15 percent and GHG emissions by up to 3.8 million tons_ This is roughly equivalent to the emissions from 900,000 vehicles and nearly the amount of GHG reductions that are produced annually by Comanche Units 1 and 2. In short, it would undercut our shared air quality and climate goals and nearly wipe out all the progress we would have otherwise have made under Xcel Energy's Colorado Energy Plan and other statewide actions that you have championed, including your Executive Order goal of reaching 2025 GHG reductions of at least 26 percent compared to 2005 levels. Our residents have charged us with reaching aggressive local climate action goals. Freezing the standards would undermine these connnmtnRy efforts. To protect the ability to reach om- goals, Colorado can do what 12 other states and Washington, D_C have already done, which is to use the authority provided by Section 177 of the Clean Air Act to adopt a set of Advanced Clean Car Standards. This would essentially preserve current federal standards in Colorado with the notable addition of also requiring increased sales of electric i,rhicles_ The required increases would be at a reasonable and incremental level that is in Page 4 April 17, 2018 - Page 10 of 95 Town Manager's Report The Honorable John D. Hickenlooper March 30, 2018 Page 2 furtherance of the Colorado Electric Vehicle Plan and consistent with Colorado sakes vohimmN already being achieved by at least two automakers. Such leadership would ensure that Colors does not go backwards on clean air; climate or connun er protection_ Thank you for your consideration. Each of us looks forward to the opportunity to support you making this decision to protect Colorado's climate for current and future generations. Sincerely. Alan Apt, Board of Trustees Town of Nederland Christine Berg, Mayor City of Lafayette Aaron Brackett, City Council City of Boulder Kathy Chandler -Henry, Commissioner Eagle Coin Stew Child, Commissioner Pitkin County Ross Cunniff City Council City of Fort Collins Cindy- Domenico_ Commissioner Boulder Count} Jill Adler Grano, City Council C riy of Boulder Eva Henry, Commissioner Adams County Linda Isenhart. Commissioner Gilpin County Chelsea Behanna, City Council City of Lafayette Shannon Bud City Council City of Westminster Todd Brown, Town Council Town ofTelhnide Saoirse Charis-Gra es, CiyComicil City of Golden Hilary Cooper, Commissioner San Miguel County Maria De Cammbra, City Coil Cite of Westminster Steve Douglas. Cir Council City of Commerce City Jamie Harkins; City Council Cite of Lafayette Kris Holstrom, Commissioner San Miguel Comity Dan Jansen, Town Council Town of Mountain Village Page 5 April 17, 2018 - Page 11 of 95 Town Manager's Report Nicole Johnston C, Council City of Aurora Suzanne Jones, Mayor City of Boulder Kim Lanfmaid, Iown Council Town of Vail Tma Mauck, Commissioner Clear Creek County Jeanine McQueeney, Commissioner Eagle County Lisa Moreet, City Council City of Boulder AnnMnllin5.. City Council City of Aspen MirahaiNagle, City Council City of Boulder Steve O'Dorisio, Commissioner Adams County Dan Richardson Mayor Town of Carbondale Jordan Sauers. City Council City of Northg_ lean Steve Skadron. Mayor City of Aspen Marjorie Sloan, Mayor City of Golden Kin Stiegelmeier_ Commissioner Summit Comity Elise Jones. Comn,iesioner Boulder County Paul Ka shin nn City Council City and County of Denver Eric Mamula, Mayor Town of Breckenridge Joan May, Commissioner San Miguel County Eric Montoya, City Council of Thornton Julie Duran Mullic, City Council City of Northglenn Sean Murphy, Mayor Town of Telhuide George Newman, Commissioner Pitkin County Greg Poschman, Commissioner Pitkin County Jill Ryan, Commissioner Eagle County Anita Seitz, City Council City of Westminster Kathryn Skulley, City Coimcil City of 'Westminster Kristin Stephens, City Coil City of Fort Collins Casey Tighe, Commissioner Jefferson Cotimty Chaz Tedesco. Commissioner Adams County Randy Wheelock; Commissioner Clear Creek County Sam Weaver_ City Council City of Boulder Jenny Iiiiillfard_ City Council Cite of Northglenn Page 6 April 17, 2018 - Page 12 of 95 Fire Chief Update Fire Chief Mark Novak has been appointed to serve as liaison to the National Wildfire Coordinating Group (NWCG) — Incident Emergency Medical Subcommittee. This is an important interagency collaboration which is of course imperative when addressing the topic of wildland fires. The previous report in the Council's April 4th packet included a short narrative regarding a more regionalized collaboration, resulting in the effective extinguishment of a wildfire near Edwards in recent weeks. The below authorization letter speaks to the appointment: TOWN of va 75 South Frontage Road West Vail, Colorado 81657 valigov.com April 8, 2018 To Whom It May Concern, Town Manager's Office 970.474.21p6 970.479,2157 fax Please accept this letter as authorization for Fire Chief Mark Novak to serve as a liaison to the National Wildfire Coordinating Group (NWCG) - Incident Emergency Medical Subcommittee for the International Association of Fire Chiefs-Wildland Fire Policy Committee. The Town of Vail recognizes the importance of interagency collaboration in all aspects of wildland fire. Chief Novak has a depth of experience both in emergency medical services and wildland fire. His participation will benefit the NWCG, the IAFG and the Town of Vail. Thank you for your consideration. Sincerely, Greg Clifton Town Manager Retreat Schedule Just a friendly reminder, the Council / Staff retreat is occurring on May 15th during the afternoon at the Clubhouse. Details and agenda to follow. The purpose of this meeting is to reconvene with the Council to continue the discussion, and prioritization, of the Town Council 2018-20 Action Plan. Second, the scheduled retreat with Vail Resorts may be bumped from the suggested date of May 22. The likely new date will be in mid-June. We will discuss during the Council's regular meeting on April 17tH Town Manager's Report Page 7 April 17, 2018 - Page 13 of 95 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town of Vail Global Friendship Exchange Program, Follow up Report on Yamanouchi-machi and Nagano Japan Exploration Visit PRESENTER(S): Patty McKenny, Town Clerk, Mia Vlaar, Economic Development, Souichi Nakamura, I nterpacific Network Corporation ACTION REQUESTED OF COUNCIL: No formal action requested. Presentation and discussion about next steps. BACKGROUND: This past January a Vail delegation traveled on an exploration visit to Yamanouchi-machi and Nagano, Japan. The Mayor of Yamanaouchi-machi and the Governor of Japan invited officials to visit the resort region and consider entering into friendship exchange agreements whereby Vail and Yamanouchi-machi would strengthen relationships as resort communities through exchanges focused on topics of tourism, environmental sustainability, transportation, and business development. ATTACHMENTS: Description Memo Japan Report 041718 Japan Presentation 041818 April 17, 2018 - Page 14 of 95 TOWN OF VAIL' Memorandum To: Mayor and Town Council From: Patty McKenny, Town Clerk Date: April 17, 2018 Subject: Japan Sisterhood Exploration Visit 2018 — Post Visit Report I. SUMMARY This past January a Vail delegation, comprised of elected officials, town staff, and Japanese representative, Souichi Nakamura with Interpacific Network Corporation, traveled to Japan for an exploration visit to the Nagano Prefecture. The team will present a follow-up report about this six day trip, which will include: 1) trip highlights and attractions of the visit, 2) business meeting discussions, and 3) suggestions for next steps in developing the Global Friendship Exchange programming. The Town entered into two agreements with Japan governments on January 25, 2018, as follows (and attached): • Global Friendship Exchange Agreement between the Yamanouchi-machi, Nagano Prefecture, Japan, and the Town of Vail, State of Colorado, United States • Global Friendship Exchange Memo of Understanding ("MOU") between the Yamanouchi- machi, Nagano Prefecture, Japan, and the Town of Vail, State of Colorado, Untied States The global friendship exchange agreements outline the program whereby Vail and Yamanouchi- machi would strengthen relationships as resort communities through exchanges focused on topics of tourism, environmental sustainability, transportation, and business development. II. BACKGROUND Souichi Nakamura, the representative appointed by Governor Shuichi Abe, Governor of Nagano and Mayor Takefushi, Yamanouchi-machi, Japan, has spent considerable time with the Town of Vail in helping to build the friendly relationship between the region in Japan and Town of Vail. The dialogues began with an outreach from Governor Abe who visited Vail during the summer of 2016. It was the Governor's suggestion to create the relationship with Yamanouchi-machi. Their officials arrived in Vail for an exploration visit during the summer of 2017 and as a result extended an invitation to Vail officials to visit their resort area. The 2018 January trip offered an opportunity for Vail officials to visit the resort region and meet with officials to discuss the friendship arrangement. The presentation is a chance for the delegates to share with the Vail community their international experience with a number of trip highlights and the outcomes of their business meetings. The itinerary included a visit to the famous Jigokudani Wild Snow Monkey Park (a UNESCO site), skiing at Yakebitaiyama Ski Resort, a stay at the authentic Kanbayashi Hotel Senjukaku, an unveiling ceremony with the Yamanouchi officials, and a press conference with the Nagano Prefecture officials. The Vail delegation also attended three business meetings April 17, 2018 - Page 15 of 95 conducted during the trip, including a meeting with the Daichi Suzuki, Chief Commissioner, Japan Sports Agency, the Yamanouchi-machi officials, and the Nagano Prefecture officials. The topics of mutual interest that were discussed at these meetings included mountain tourism, environmental sustainability, and transportation. A couple of comments made by the Vail delegates in response to the question "what was your favorite highlight of the trip" are follow: ❖ "the cultural experience was a highlight, of course, but more specific to my profession, I enjoyed meeting all the delegates and especially found the monument unveiling to be very heartwarming and meaningful. The friendship exchange was, and will continue to be, an enriching experience" ❖ "the exposure to traditional Japanese culture and the aesthetic the Japanese have integrated in their hospitality. I enjoyed learning about Yamanouchi's UNESCO's Biosphere Preserve and the snow monkey habitat and their natural history, also seeing how their community values and protects their iconic wildlife and natural heritage" III. NEXT STEPS Town staff and Mr. Nakamura continue to explore the next steps of programming as a result of executing the Global Friendship Exchange agreements. The presentation will address suggestions and ideas for next steps and allow an opportunity for discussion and feedback with the town council about what priorities might be pursued. It is also recommended that during the 2019 budget cycle, a program budget be developed to support the implementation of the Global Friendship Exchange programming. The town council has recently supported cultural exchanges with San Miguel de Allende, Mexico, and staff is currently exploring a rejuvenation of its relationship with St. Moritz, Switzerland. The costs associated with the Japan trip totaled about $3,000 per person. The Town of Vail continues to support its vision "to be the premier international mountain resort community" by engaging in this kind of programming as it has allowed Vail to engage with similar resort communities on an international platform, share best practices, and explore its international interests of diplomacy and friendships. Attachments: ✓ Global Friendship Exchange Agreement and Memo of Understanding (2) Town of Vail Page 2 April 17, 2018 - Page 16 of 95 GLOBAL FRIENDSHIP EXCHANGE AGREEMENT "AGREEMENT" BETWEEN THE YAMANOUCHI —MACHI, NAGANO PREFECTURE, JAPAN AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA The Yamanouchi-machi, located in the Nagano Prefecture, Country of Japan, and the Town of Vail, of the State of Colorado of the United States of America, here in after referred to as "the Parties"; CONSIDERING their interest to strengthen the friendship ties and cooperation that join both Parties; ACKNOWLEDGING that the cities have the intention to develop collaborative activities, under the law provisions of the United States of America and the Japan, with particular attention to the terms related to culture; DECLARING their decision to strengthen their relationship of collaboration through the proper legal channels; CONVINCED of the importance of establishing mechanisms that contribute to the development and strengthening of bilateral cooperation, as well as the necessity to execute projects and actions that are effective in the economic and social development of both Parties; Have agreed to the following: ARTICLE I Objective The objective of the Agreement is to formalize the global friendship exchange between the Yamanouchi-machi, Nagano Prefecture, Country of Japan and the Town of Vail, of the State of Colorado of the United States of America, to encourage bilateral cooperation, to intensify common efforts, and to exchange experiences and the execution of common activities that contribute to the development of both cities. ARTICLE II Areas of Cooperation and Modalities To reach the objective of the Agreement, the Parties are committed to explore and develop cooperative projects, specifically directed, but not limited to the following areas: a) Education: Encourage the local school boards to share educational programs and systems. Encourage the development of student exchange programs between the cities. b) Cultural Exchange: Promote cultural, artistic and sports exchanges to advance the understanding and enjoyment of each city's cultural attributes, traditions and heritage. c) Promotion of Tourism: Each party will promote the other Party through their corresponding information office and/or the local tourism office, to make people aware of the global friendship city's sites. April 17, 2018 - Page 17 of 95 d) Environmental Cooperation: Both parties will share best practices to promote sustainable development, promoting pollution prevention policies and practices and encourage environmental education and research. e) Any other area of cooperation that the Parties agree upon. ARTICLE III Final Provisions The Agreement shall enter into effect upon the date of its signature and shall remain in effect for a period of one (1) year from the date of its signature. It may be renewed for an additional one (1) year period, by acceptance by both Parties through prior written agreement. (The Parties) hereby conclude a Memorandum of Understanding to promote specific exchange programs based on the agreement Signed in Nagano City, Japan on the 25th of January, 2018, in two original and official copies in the Japanese and English languages, both texts being faithful translations. FOR YAMANOUCHI-MACHI NAGANO PREFECTURE COUNTRY OF JAPAN Yoshit-7 Takefushi ayor c ,tt. )J CJAk Shuichi Abe Governor of Nagano Prefecture Honorary Witness FOR THE TOWN OF VAIL STATE OF COLORADO UNITED STATES OF AMERICA Da id Chapin Mayor Attest tty McKenny own Clerk Page 2 /'�1.. L...I C.�......I..M �.. C....L..,...... A 0 *111A LIT w l 1101T .t07 2( 9 t A C 1; J1,I-<4 /work' I L # x (1 CF i* t1) El AKIN ` A4L-a-611a / Miri .tZ17 2z 9 t -PAM h'Ji'- (,vWT (0,-Ff r�i j � ti ` 5 ) 4t, A Ae- ', 3s cfiflopP L tAto)fi ,ULgfi ffigl-b J4-) ` .g?71EIL L, Anil"bar! 9 t PAI fita L. i Vitc0ArY7 fx i Lt` a A L, LltiallotAt J SITE; • Wh -6 TteJ Z 6 c: 01Nit, 6 off s /f -561L -D--c,5-0310434 ^.1f-I'Vn & T7 "� ,w ,f L, L�-F5 4`Ipl . 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[l Clop 4td.J * April 17, 2018 - Page 18 of 95 II*Fi*NFAI-1rlNU VtALZ Iq- ave Chapin W ty McKenny GLOBAL FRIENDSHIP EXCHANGE MEMO OF UNDERSTANDING ("MOU") BETWEEN THE YAMANOUCHI —MACHI, NAGANO PREFECTURE, JAPAN AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA Yamanouchi Town of Nagano Prefecture in Japan and Vail Town of the State of Colorado in the United States of America (hereafter referred to as "Parties") hereby agree to the following as part of a friendship agreement promoting exchanges between the two Parties. ARTICLE I Competence The Parties commit themselves to carry out the modalities of cooperation, referred to in Article II of the Memo of Understanding ("MOU") in accordance with their respective authorities and subject to the political and economic laws and regulations of their respective Governments. ARTICLE II Annual Action Programs In order to achieve the objectives of the MOU, the Parties agree to formulate, through prior discussion, Annual Action Programs (AAP), which shall become an integral part of the MOU once they are formalized. The AAP shall be integrated with specific projects or activities and which must reference each of the following aspects: a) objectives and activities to develop; b) work agenda; c) profile, quantity and duration of the assigned personnel; d) responsibility of each Party; e) assignment of materials, personnel and financial resources; f) evaluation mechanism; and, g) any other necessary information. The enforcement of this MOU is not conditioned by the Parties' to establishment of PAA in all the modalities of cooperation listed in paragraphs a) to e) of Article II, nor are they obligated to collaborate in those activities where internal prohibitions exist, derived by law, institutional normative, or customs. The legal representative of each Party shall meet annually in person or at least hold one yearly telephone conference in order to evaluate the results derived from the MOU and to propose new guidelines for the development of projects of mutual interest. The Parties shall produce progress reports of achievements based on the MOU and shall communicate them to their corresponding government officials, as well as the bilateral departments in charge, as determined by mutual MOU. Both Parties will make their best efforts to formulate the first AAP within one hundred and eighty (180) business days after the signing date of the MOU. April 17, 2018 - Page 19 of 9: ARTICLE III Additional Collaboration Proposals In addition to AAP referred to in Article IV of the MOU, each Party may formulate additional collaboration proposals, as they arise during the implementation of activities predetermined through the AAP. ARTICLE IV Coordination and Follow -Up Mechanism In order to establish a mechanism and criteria for the coordination, supervision and evaluation of the activities carried out under the MOU, as well as to assure the best conditions for its execution, a Working Group, integrated by representatives of both Parties, shall be established, and coordinating each Parties activities the following areas: On behalf of Yamanouchi-machi , Nagano Prefecture, through the officials; On behalf of the Town of Vail, Eagle County, State of Colorado of United States of America, through the Mayor and Town Manager of the Town. The Working Group may meet periodically in a location agreed upon by the Parties or at least hold one yearly telephone conference in order to evaluate the activities derived from the application of the MOU. The Working Group shall have the following functions: a) adopt the necessary decisions in order to carry out the objectives of the present MOU; b) identify the areas of common interest in order to elaborate and formulate specific cooperation projects; c) orientate, organize and formulate relevant recommendations in order to fulfill the activities of the MOU; d) receive, review and approve, when applicable, the progress reports in the areas of cooperation within the MOU; and, e) any other functions that the Parties may agree upon. ARTICLE V Financing The Parties shall finance the activities referred to in the MOU with the assigned resources in their respective budgets according to the availability and terms of their legislation. Each Party shall pay the expenses related to its participation, except in the case that alternate financial mechanisms may be used for specific activities, if considered appropriate. ARTICLE VI Information, Material and Protected Equipment The Parties agree that information, materials and protected equipment deemed classified by national legislation for national security or foreign relations purposes of either Party, shall not be subject to transfer within the MOU. When undertaking activities pursuant to this MOU, any information, material and equipment which require or could require protection and classification is identified, the Parties shall inform the adequate authorities and establish in writing, the corresponding protective measures. Page 2 Global Friendship Exchange MOU 2018 April 17, 2018 - Page 20 of 9: The transference of information, material and equipment, which is not protected or classified, but which exportation is regulated by one of the Parties, shall be done according to the applicable national legislation and should be identified, along with its intended use or subsequent transference. If any of the Parties consider it necessary, measures shall be taken to prevent the non - authorized transference or re -transference of such property. ARTICLE VII International Instruments The cooperation referred to in the MOU shall not affect the rights and duties which the Parties previously acquired under other international treaties and instruments. ARTICLE VIII Intellectual Property If as a result of actions carried out in accordance with this MOU, products of commercial value and/or rights of intellectual property are generated, these shall be governed by the applicable national legislation, as well as the international conventions, which are binding for Japan and the United States of America. ARTICLE IX Designated Personnel The personnel assigned by each Party for the execution of cooperation activities derived from the MOU, shall continue under the direction and dependence of the institution to which he/she pertains, and shall not create any labor relation with the other Party, which in no case shall be considered as a substitute employer. Each Party shall carry out the corresponding necessary procedures under its respective authorities in order to facilitate the entry and departure of its respective participants who are officially involved in the projects derived from the MOU. Such participants shall be subject to the immigration, tax, customs, sanitary and national security laws of the receiving country and may not partake in any activity other than those pertaining to their functions, without the previous authorization of the competent authorities in this field. The Parties shall encourage that the personnel involved in such activities have medical, liability and life insurance, so that, if damage results from such activities derived from the MOU, repair or restitution shall be covered by the corresponding insurance company. ARTICLE X Participation of Other Institutions and Individuals The Parties may include Non -Governmental Organizations or individuals from the civil society in AAP. ARTICLE XI Disputes Any difference or divergence derived from the interpretation or application of the MOU will give rise to the early termination of the MOU, by means of a written notification of early termination sent by one Party to the other Party. Page 3 Global Friendship Exchange MOU 2018 April 17, 2018 - Page 21 of 9: ARTICLE XII Final Provisions The MOU shall enter into effect upon the date of its signature and shall remain in effect for a period of one (1) year from the date of its signature. It may be renewed for an additional one (1) year period, by acceptance by both Parties through prior written MOU. The MOU may be modified by mutual consent of the Parties, by formalizing it through written and signed communications and specifying the date of its entry into force. The early termination of the MOU shall not affect the completion of ongoing APP, formalized while it was in force. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. Subiect to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability beyond the current fiscal year. Signed in Nagano City, Japan on the 25th of January, 2018, in two original and official copies in the Japanese and English languages, both texts being faithful translations. FOR YAMANOUCHI-MACHI NAGANO PREFECTURE COUNTRY OF JAPAN Yoshitaka Takefushi Mayor FOR THE TOWN OF VAIL STATE OF COLORADO UNITED STATES OF AMERICA D. vid Chap Mayor Attest Page 4 Exchange MOU 2018 April 17, 2018 - Page 22 of 9: tizA1-6t (L;(T f* J) � Q t►J / MT L , 724 9 tft Ili n }'*I' -^-f /L -WT (LST 5.) 4t. / Oft$ ( YAJ7) $tot, -H1,- i'LaD P'c4'L'ci-L6DOV6 6if •I4--IV1 6MIt (P�'rrpti) M2 * 40)1A 7 ithYc 6ta5, * $-Act$4uo-), 4`1194fP41T7 pick (AAP) 1's=hJ 6` mirk -4-60 `off-i-Foim'I mt, - ,7)I*t.to *wotca-,53)Ltx6. AAP 4t. {ltlhont-P TT L—RU-cotta)-41,41/-6'-r. a) P 9iEt^ alb b) it/ c)AQ7°1274--;1-. An , P1 d) °Dail e) AA, W oDMPlroDAll � Z ilffAMb g) �cOD{L LTJ 0D1741, MQD (a) (e) zoDr4:7_6f AAP 1ifhk- 6 V 11 6 Ltcw. 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H*111KtAt1-UltkIiT *LZ ft*Lz ^A 'I Dave hapin RIK ty McKenny Page 4 Sisterhood Agreement — Yamanouchi-machi and Town of Vail April 17, 2018 - Page 26 of 9 PRESENTATION TO VAIL TOWN COUNCIL TOWN OF VAIL Japan Exploration Visit January 2018 Yamanouchi-machin Japan Follow up Report April 2018 At ' VAIL DELEGATION Elected Officials 1 Executive Management Team 1 Souichi Nakamura TOWN OF VAIL; April 17, 2018 - Page 28 of 95 DENVER, COLORADO TO TOKYO, JAPAN Time to Tokyo Nagano 1:05 `'� " Time at Tokyo Hakodate Sakata Niigata • Fukushima Tokyo (N RT) ® Time of Arrival 5:23 pm Altitude 39999 ft 4:18 pm Distance Traveled 6097 mi TOWN OF VAIL • if- 4121 41 04- • , Wel I I 0 to r) dI 17,2018 TRIP HIGHLIGHTS 1 CULTURE Tokyo Japan Col) April 17, 2018 - Page 31 or wly or VAIL TRIP HIGHLIGHTS 1 PLACES CA April 17, 2018 - Page 32 oTa N 0 F VAIL TRIP HIGHLIGHTS 1 PLACES (t) April 17, 2018 - Page 33 opitwiv o F TRIP HIGHLIGHTS 1 PLACES - KANBAYASHI HOTEL SENJUKAKU al) April 17,2018- Page 34oT NN OF VAIL TRIP HIGHLIGHTS 1 FOOD .1V TOWIV OF9 TRIP HIGHLIGHTS 1 JIGOKUDARI WILD SNOW MONKEY PARK April 17, 2018 - Page 36 °Wj I N OF VAIL TRIP HIGHLIGHTS 1 JIGOKUDANI WILD SNOW MONKEY PARK .2.:4"11FILI"'A A DAY IN THE LIFE OF A SNOW KEY April 17, 2018 - Page 37 jaVVIN DF VAIL TRIP HIGHLIGHTS 1 TV INTERVIEW JIGOKUDARI WILD SNOW MONKEY PARK April 17, 2018 - Page 38 jaVVIllfril 0 F VAIL TRIP HIGHLIGHTS 1 SKIING AT YAKEBITAIYAMA SKI RESORT CIA April 17, 2018 - Page 39 0T j { N OF VA i L BUSINESS MEETINGS 1 JAPAN SPORTS AGENCY Meeting with Mr. Daichi Suzuki Chief Commissioner April 17, 2018 - Page 40 JanO F V4 I t BUSINESS MEETINGS 1 YAMANOUCHI-MACHI CA April 17, 2018 - Page 41 oT n 0 F VAI L 7-7 .7.—t•'.2,K,.i.,ir.rrort.---- • . .1-Own 0 1". VA 11 . * 1 ,.,‘ 2Dia1,ki25r) ,. Mayor o f tjle , T.own c f Vt1 I 1 • BUSINESS MEETINGS 1 UNVEILING CEREMONY BUSINESS MEETINGS 1 NAGANO PREFECTURE Mayor Chapin meets with Governor Abe and Mayor Takefushi April 17, 2018 - Page 43 Jan IJ F 11411_ BUSINESS MEETINGS 1 PRESS CONFERENCE April 17,2018- Page 44Jan OF VA TOURISM 1 TRANSPORTATION 1 ENVIRONMENTAL SUSTAINABILITY April 17, 2018 - Page 45 of 95 Thank you to Tour Guide Souichi Nakamura CA The Vail Delegation thanks Souichi Nakamura for always being "Souichi on the Move"! April 17, 2018 - Page 46 Jan 0 F VA i L TOWt OF VAIL TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town of Vail Annual Resale Lottery Criteria Process — Recommendation to Vail Town Council PRESENTER(S): George Ruther, Housing Director and Steve Lindstrom, Vail Local Housing Authority Chairman ACTION REQUESTED OF COUNCIL: Listen to the VLHA recommendation and provide direction on next steps recommended by the VLHA and Housing Department staff BACKGROUND: The Town of Vail Housing Department conducts an annual resale lottery selection process to determine eligibility to bid and purchase for -sale deed -restricted employee housing units which may become available for purchase in the coming calendar year. This lottery selection process occurs the first week of June, annually. The procedures for the Town's annual resale lottery process are outlined in the Town of Vail Employee Housing Guidelines, adopted October 10, 1999. By and large, and specifically as it relates to the lottery process, the Guidelines have remained unchanged since their original adoption nearly twenty years ago. This presentation outlines the recommendation of the VLHA and Housing Department staff. STAFF RECOMMENDATION: See next steps in memorandum dated April 17, 2018 ATTACHMENTS: Description Annual Resale Lottery Process Amendment Recommendation Memorandum April 17, 2018 - Page 49 of 95 Memorandum To: Vail Town Council From: Vail Local Housing Authority George Ruther, Director of Housing Date: April 17, 2018 Subject: Town of Vail Annual Resale Lottery Criteria Process — Recommendation to Vail Town Council Purpose of this Memorandum The Vail Town Council requested that the Vail Local Housing Authority and the Housing Department review the existing Town of Vail annual resale lottery criteria process and recommend options for amendments, improvements and enhancements. The goals and objectives of the effort were to: • Improve efficiency (ie. cost) and effectiveness (ie. time) of the lottery process for both the Town and the applicants. • Ensure consistency, predictability and fairness in the process. • Increase alignment between the annual lottery processes with the Town's housing policies and objectives. • Reinforce emphasis on creating housing opportunities to maintain and sustain community; not just workforce. • Improve the opportunity for participation in the lottery amongst all persons eligible to own a deed -restricted home in Vail. • The opportunity to own deed -restricted housing in Vail is at the core of maintaining and sustaining community. • Increase participation and opportunity in the lottery selection process. The purpose of this memorandum is two -fold: 1) share the adopted Town of Vail Annual Resale Lottery Criteria Process, and 2) present the recommendation of the Vail Local Housing Authority for amendments, improvements and enhancements to the criteria and lottery process consistent with the goals and objectives outlined above. II. Background The Town of Vail Housing Department conducts an annual resale lottery selection process to determine eligibility to bid and purchase for -sale deed -restricted employee housing units which may become available for purchase in the coming calendar year. This lottery selection process occurs the first week of June, annually. The procedures for the Town's annual resale lottery 1 April 17, 2018 - Page 50 of 95 process are outlined in the Town of Vail Employee Housing Guidelines, adopted October 10, 1999. By and large, and specifically as it relates to the lottery process, the Guidelines have remained unchanged since their original adoption nearly twenty years ago. The Housing Department routinely receives feedback from annual resale lottery participants about the process. Unfortunately, not all of the feedback is positive. Some of the more frequently shared negative feedback includes comments regarding the following: • Participants must meet the deed -restriction criteria at the time of application instead of the time of purchase. • Household size requirements limit home purchase options and simply ignore future changes in lifestyle or family sizes. • Telecommuting and other forms of "work from home" employment is not allowed. • The weighted preference system limits participation and prevents persons from moving back into Town. • The tiered system conflicts with and is counter to the weighted preference system. • The entire process is time consuming, costly, inefficient, and nonresponsive to changes during the past 20 years. • The current process is anything but a true lottery and discourages participation. • Persons that currently own a home or a vacant residential lot in Eagle County can not participate. The following chart indicates the number of annual resale lottery participates and number of annual resales occurring during the six-year period of time from 2012 to 2017. Annual Resale Lottery Statistics 2012 to 2017 Year # Participants # of Annual Resales 2012 3 1 2013 9 2 2014 12 4 2015 28 7 2016 31 3 2017 16 3 Avg. 17 3 2 April 17, 2018 - Page 51 of 95 III. Existing Annual Lottery Resale Criteria and Process A copy of the Resale Lottery Criteria is outlined below: Resale Lottery Criteria A. There are six basic eligibility requirements which must be met prior to an individual submitting a bid to purchase an employee -housing unit. 1. The applicant must intend to use the unit as his/her primary residence and maintain it as his/her primary residence in the future. 2. The applicant must be currently employed at a business located within Eagle County which holds a business license with the appropriate jurisdiction (Town of Vail, Town of Avon, etc.), must be employed an average of 30 hours each week on an annual basis, and must maintain this level of employment for as long as he or she owns the unit. 3. The applicant must demonstrate that at least 75% of his/her income and earnings are earned by working at a licensed Eagle County business. 4. Neither the applicant nor any member of the applicant's immediate family (including, but not limited to, spouse and children under 18 years of age) may own residential real estate in Eagle County at the time of application, except where that real estate is deed restricted as a Town of Vail employee housing unit with a resale appreciation cap. A current residence may not be deeded to a corporation or other entity in order to qualify the applicant for a Town of Vail deed restricted unit. 5. The applicant must be prequalified with a mortgage lender. 6. For all Town of Vail deed restricted three bedroom units, the applicant must have a household size of 3 or more persons. For the purposes of determining household size, applicants may include all persons related to the applicant by blood, marriage, or adoption. If the applicant plans to include dependents, they must be continuously listed on federal income tax forms and reside in the household at least six months and one day out of every 12 month period of time. A pregnancy may be counted towards the family size requirement as long as a note from an Eagle County doctor is provided. B. Once basic eligibility has been met, the qualified person(s) submitting the highest bid price (not to exceed the maximum bid price) during a bidding period shall have the first right to negotiate purchase of the unit. If two or more qualified bids are submitted at the highest bid price, they shall receive preference and be prioritized for selection as the top bidder based on the highest score using the criteria listed below. Each year of residency and employment in Eagle County will count as one point in determining the total score. Additional points will be determined as follows: 1. All current years of employment in Vail shall be weighted at 3:1 over years of employment in Eagle County. 3 April 17, 2018 - Page 52 of 95 2. All current years of residency in Vail shall be weighted at 3:1 over years of residence in Eagle County. 3. All years of residency and/or employment prior to a leave from Eagle County shall be given points at a 1:1 ratio regardless of location of residency or employment within Eagle County. C. Notes: 1. The physical place of residence and employment is what counts, not the mailing address. 2. Employment physically located on Vail Mountain shall be considered inside the Town of Vail. 3. Employment requiring work to be completed at locations "on-site" throughout Eagle County (e.g., construction sites) shall be considered outside the Town of Vail. 4. Seasonal work and part time work shall be counted on a pro -rata basis. Seasonal work and part time work alone may not be adequate to meet the 30 hours/week average annual requirement. This type of work may need to augment other employment to meet the minimum eligibility. 5. For the purposes of determining the standing of each applicant, each year of residency (or employment) reflects one point. For the portion of time in excess of a complete year, the Town will round to the next highest number if the time exceeds six months and one day. If the time is less than six months, the Town will round down. 6. If two individuals are applying jointly, the years of employment and/or residency shall not be combined. The single individual with the longest record of employment and/or residency shall use his or her record for the purposes of determining longevity. 7. Persons who own residences located in Vail or Eagle County at the time of the application deadline are not eligible. 8. All claims will be verified by Town of Vail staff. Claims of residence or employment that do not check out or are un -verifiable will not be counted in determining your longevity. 9. If there is a sole applicant in the top tier of the lottery, the scheduled lottery will not be conducted and the unit will be awarded to the top tier applicant. A drawing to establish the reserve list will be held in the Community Development office during regular business hours and shall be witnessed by the Town Clerk. 10. The application and any accompanying documentation shall become the property of the Town of Vail and will not be returned to the applicant. D. For all resales of existing Town of Vail deed restricted units, a permanent reserve lottery list will be used. The reserve list will be created using the exact same criteria outlined above. 4 April 17, 2018 - Page 53 of 95 1 The first person on the list will be offered the unit available for resale. If that person chooses not to take the unit, they will be dropped to the end of the list and the next person will have the option to purchase the available unit and so on, until a buyer is found. 2. The list will be updated by an annual lottery. 3. Separate reserve lists will be created for two bedroom and three bedroom units. IV. Vail Local Housing Authority Recommendation Following careful and thoughtful review of the Town's annual resale lottery criteria and selection process the Vail Local Housing Authority finds that amendments, improvements and enhancements are needed to realize the goals and objectives for housing in Vail. To be successful, the resale lottery criteria and selection processes must be aligned with Town's goals and objectives for housing. In the minds of the Authority, in the absence of alignment, it is unlikely that the Town will realize its desired results when it comes to housing in the community. To that end, the Vail Local Housing Authority has reviewed the current criteria and recommends that Vail Town Council authorizes the Housing Department staff to pursue revisions to the current criteria and lottery by taking action on the following: 1. Clearly define and adopt goals and objectives for the Town's lottery criteria and process. 2. Allow current residential property owners, including vacant residential land, to participate in the lottery with the understanding that they must either 1) deed - restrict their current residential property for employee housing or, 2) dissolve their interest in the real estate prior to closing on the new deed -restricted property. 3. Phase out the weighted preference and tiered systems and replace them with a true lottery process with preference, effective June 2018. The existing weighted and tiered system is inconsistent with the Town's goal of maintaining and sustaining community. A point system of preference that increases the probability that one category of persons (ie, long time local, Vail business employee, critical worker/occupation, etc.) is selected over another, yet still maintains an opportunity for all participating to be selected (ie, multiple tickets in the drawing). 4. Replace the annual lottery process with an individual and separate process for each home when it becomes available for purchase. This improves efficiency and effectiveness as lottery participants are only participating in lotteries for home types they wish to purchase 5. Eliminate the minimum household size requirements and thereby acknowledge the changes in lifestyle or family size that occur over time. 5 April 17, 2018 - Page 54 of 95 6. Simplify and streamline the application submittal process and minimize, to the extent possible, the materials required for participation to increase participate numbers and be more cost effective and efficient. 7. Implement a true lottery drawing process which affords all qualified participants a chance of being selected for homeownership. Further, the Vail Local Housing Authority recommends the Vail Town Council instructs the Housing Department staff to prepare an administrative process for demonstrating eligibility and compliance with the terms of the deed -restriction and the employee housing guidelines. Currently, there is no prescribed process for administrative determination. Inevitably, however, as the Town's housing programs grow, situations and circumstances will arise whereby a determination will be needed. To ensure effectiveness and sound decision-making occur, criteria for consideration should be established and adopted. It is likely most appropriate that the Vail Local Housing Authority, as an impartial five member authority appointed by the Vail Town Council, and not the Housing Department staff, be the entity which hears, evaluates and renders decisions in the administrative process. Examples of where this process would be most useful are when making determinations of legitimate business, employment, residency/occupancy, income generation, etc. V. Next Steps The Vail Local Housing Authority and the Housing Department staff are prepared to work through the details of implementing the amendments described herein. With Town Council direction, the Authority and the staff will return to the Town Council meeting on May 1 with proposals and recommendations on how best to implement 1) a point -based system for lottery participation, 2) a lottery process for which is more streamlined and home type specific, and 3) an administrative process for making determinations of eligibility and compliance based unique situation and special circumstances. With this direction provided, a new process can be in place for the 2018 annual resale lottery. 6 April 17, 2018 - Page 55 of 95 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 9 Series of 2018, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-4 Regarding Misuse of a Wireless Telephone While Driving PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 9, Series of 2018 upon first reading. BACKGROUND: On June 1, 2017 the Colorado General Assembly passes Senate Bill 17-027 regarding the misuse of wireless telephone while driving. The Town wishes to adopt certain provisions of Senate Bill 17-027. ATTACHMENTS: Description Ordinance No. 9, Series of 2018 April 17, 2018 - Page 56 of 95 ORDINANCE NO. 9 SERIES 2018 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 7-2B-4 REGARDING MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING WHEREAS, on June 1, 2017, the Colorado General Assembly passed Senate Bill 17-027, regarding the misuse of wireless telephones while driving; and WHEREAS, the Town Council wishes to adopt certain provisions of Senate Bill 17-027. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B, to read as follows: 7-2B-4: MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING: A. As used in this Section, the following terms shall have the following meanings: 1. "Emergency" means a situation in which a person: has reason to fear for such person's life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving; or reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner. 2. "Operating a motor vehicle" means driving a motor vehicle on a public street, roadway or highway, but "operating a motor vehicle" does not include maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked. 3. "Use" means talking on or listening to a wireless telephone or engaging a wireless telephone for text messaging or other similar forms of manual data entry or transmission. 4. "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment, including without limitation cellular and mobile telephones. B. A person under eighteen (18) years of age shall not use a wireless telephone while operating a motor vehicle, except if the person is using the wireless telephone to contact a public safety entity or during an 1 Ordinance No. 9, Series of 2018 April 17, 2018 - Page 57 of 95 emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone. C. A person shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle, unless the person is using the wireless telephone to contact a public safety entity or during an emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission in a manner that caused the operator to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances. D. This Section shall not be construed to authorize the seizure and forfeiture of a wireless telephone unless otherwise provided by law. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Vail Town Code, as provided in this ordinance, shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 2 Ordinance No. 9, Series of 2018 April 17, 2018 - Page 58 of 95 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of April, 2018 and a public hearing for second reading of this Ordinance is set for the 8th day of May, 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 3 Ordinance No. 9, Series of 2018 Dave Chapin, Mayor April 17, 2018 - Page 59 of 95 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 8, Series of 2018, Second 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 second 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. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approve, on the second reading, Ordinance No. 8, Series of 2018. ATTACHMENTS: Description Ordinance No. 8 Series of 2018 Staff Memorandum Attachment A - Ordinance No. 8, Series 2018 Attachment B - Redlined Ordinance No. 8, Series 2018 Attachment C - PEC Staff Memorandum, 03-26-2018 Attachment D - PEC Minutes, 03-26-2018 Attachment E - Site Photos of existing wireless service facilities April 17, 2018 - Page 60 of 95 TOWN OF VAIL Memorandum To: Vail Town Council From: Community Development Department Planning and Environmental Commission Date: April 17, 2018 Subject: Second 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. On April 3, 2018, the Town Council voted 7-0 to approve Ordinance No. 8 on first reading. 11. 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 17, 2018 - Page 61 of 95 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 17, 2018 - Page 62 of 95 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 second reading, the Planning and Environmental Commission recommends the Council passes the following motion: "The Vail Town Council approves, on second 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 second 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 17, 2018 - Page 63 of 95 VI. ATTACHMENTS A. Ordinance No. 8, Series 2018 B. Redlined Ordinance No. 8, Series 2018 C. Planning and Environmental Commission Staff Memorandum, 03-26-2018 D. Planning and Environmental Commission Minutes, 03-26-2018 E. Site photos of existing wireless service facilities in the Town of Vail Town of Vail Page 4 April 17, 2018 - Page 64 of 95 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 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 65 of 95 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 MOUNTED WSF: A WSF that is mounted and supported entirely on the roof of a legally existing building or structure or 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 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 66 of 95 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 3 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 67 of 95 station, including any appurtenances, as the tower or base station existed on February 22, 2012. 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. 4 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 68 of 95 TOWER: A structure built for the sole or primary purpose of supporting any FCC -licensed or authorized antennae and their associated facilities, 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. 5 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 69 of 95 2. An application for approval of a WSF shall include all information regularly required for other development applications, in addition to the following: a written, narrative statement describing in detail how the WSF will comply with the standards in this Chapter; and if requested by the Town, photographic simulations showing the proposed WSF and, if applicable, the structure on which it will be attached. 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. Design review required: Prior to the location of a freestanding WSF in any zone district, design approval shall be required pursuant to 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. C. Maximum height: A freestanding WSF, including antennae, shall not exceed the maximum structure height limit in the underlying zone district; provided that in no case shall a freestanding WSF on private property exceed 40 feet in height. 6 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 70 of 95 12-27-5: BUILDING MOUNTED WSFS: A. Design review required: Prior to the location of a building mounted WSF in any zone district, design approval shall be required pursuant to 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. 12-27-6: SMALL CELL FACILITIES: A. Small cell facilities shall be considered a permitted use in all zone districts, subject to administrative review and determination. B. 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. C. 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. D. A telecommunications provider or broadband provider may file a consolidated application for a single permit for a small cell network 7 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 71 of 95 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 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. 8 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 72 of 95 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. 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 3rd day of April, 2018 and a public hearing for second reading of this Ordinance is set for the 17th day of April, 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 17th day of April, 2018. ATTEST: 9 Dave Chapin, Mayor 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 73 of 95 Patty McKenny, Town Clerk 10 4/11/2018 C: I USERSIJLIGHTFIELDIAPPDATAI LOCALI MICROSOFTIWINDOWSIINETCACHEI CONTENT.OUTLOOKI TZ2AXT6PI WSF- 0041118 (2).DOCX April 17, 2018 - Page 74 of 95 1 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 4/11/2018 11 VWS-STORAGEI DESKTOPS$IJLIGHTFIELDI DESKTOPI WSF-REDLINE-0041118. DOCX April 17, 2018 - Page 75 of 95 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 or 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 4/11/2018 11 VWS-STORAGEI DESKTOPS$IJLIGHTFIELDI DESKTOPIWSF-REDLINE-0041118. DOCX April 17, 2018 - Page 76 of 95 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 4/11/2018 II V WS-STORA GEI DESKTOPS$IJLIGHTFIELDI DESKTOPI WSF-REDLINE-0041118. DOCX April 17, 2018 - Page 77 of 95 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 4/11/2018 11 VWS-STORAGEI DESKTOPS$IJLIGHTFIELDI DESKTOPI WSF-REDLINE-0041118. DOCX April 17, 2018 - Page 78 of 95 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 cvaluatcd for approval subjcct to the 5 4/11/2018 11 VWS-STORAGEI DESKTOPS$IJLIGHTFIELDI DESKTOPIWSF-REDLINE-0041118. DOCX April 17, 2018 - Page 79 of 95 WSFs. 2. An application for approval of a WSF shall include all information regularly required for other development applications, in addition to the following: a written, narrative statement describing in detail how the WSF will comply with the standards in this Chapter; and if requested by the Town, photographic simulations showing the proposed WSF and, if applicable, the structure on which it will be attached. 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. ReviewDesign review required: Prior to the location of a freestanding WSF within the corporate limits of the townin any zone district, design approval shall be required perpursuant to 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. C. Maximum height: A freestanding WSF, including antennae, shall not exceed the maximum structure height limit in the underlying zone 6 4/11/2018 11 VWS-STORAGEI DESKTOPS$IJLIGHTFIELDI DESKTOPIWSF-REDLINE-0041118. DOCX April 17, 2018 - Page 80 of 95 district; provided that in no case shall a freestanding WSF on private property exceed 40 feet in height. 12-27-5: BUILDING MOUNTED WSFS: A. ReviewDesign review required: _Prior to the location of a building mounted WSF within the corporate limits of the townin any zone district, design approval shall be required perpursuant to 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. 12-27-6: SMALL CELL FACILITIES: A. Small cell facilities shall be considered a permitted use in all zone districts, subject to administrative review and determination. B. 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. BC. 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 7 4/11/2018 11 VWS-STORAGEI DESKTOPS$IJLIGHTFIELDI DESKTOPIWSF-REDLINE-0041118. DOCX April 17, 2018 - Page 81 of 95 WSF will comply with the standards in this Chapter. 2. If requested by the Town, photographic simulations showing i be attached. GD. 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 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 8 4/11/2018 11 VWS-STORAGEI DESKTOPS$IJLIGHTFIELDI DESKTOPIWSF-REDLINE-0041118. DOCX April 17, 2018 - Page 82 of 95 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. 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 3rd day of April, 2018 and a public hearing for second reading of this Ordinance is set for the 17'" day of April, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 9 4/11/2018 11 VWS-STORAGEI DESKTOPS$IJLIGHTFIELDI DESKTOPI WSF-REDLINE-0041118. DOCX April 17, 2018 - Page 83 of 95 Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED 1 this 17th day of ,April, 2018. ATTEST: Patty McKenny, Town Clerk 10 Dave Chapin, Mayor 4/11/2018 11 VWS-STORAGEI DESKTOPS$IJLIGHTFIELDI DESKTOPI WSF-REDLINE-0041118. DOCX April 17, 2018 - Page 84 of 95 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 17, 2018 - Page 85 of 95 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 17, 2018 - Page 86 of 95 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 17, 2018 - Page 87 of 95 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 17, 2018 - Page 88 of 95 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 17, 2018 - Page 89 of 95 "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 17, 2018 - Page 90 of 95 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 17, 2018 - Page 91 of 95 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 17, 2018 - Page 92 of 95 April 17, 2018 - Page 93 of 95 J f April 17, 2018 - Page 94 of -95 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment 7:40 pm TOWN Of UAIL April 17, 2018 - Page 95 of 95