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Home My WebLink About2018-07-05 Agenda and Supporting Documentation Town Council Evening AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, July 3, 2018 TOWN Of 4IAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Presentations / Discussion 2.1. Vail Police Department 2017 Year in Review 10 min. Presenter(s): Dwight Henninger, Police Chief 2.2. The Vail Valley Foundation will present an update on the upcoming Colorado 10 min. Classic bike race and their other summer events. Presenter(s): Sara Franke, Vail Valley Foundation, Mac Garnsey, Vail Valley Foundation Action Requested of Council: No action required, informational only. Background: The Town of Vail will host the first two stages of the Colorado Classic bike race on August 16 and August 17, 2018. 2.3. 2018 Open Lands Plan Discussion 75 min. Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager and Chris Neubecker, Interim Community Development Director Action Requested of Council: The Community Development Department requests that the Town Council provide feedback on any elements of the Environmentally Sensitive Lands (Chapter 2) section of the draft 2018 Open Lands Plan Update. Background: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update relating to Environmentally Sensitive Lands. The Plan identifies 16 parcels as Environmentally Sensitive Lands which should be considered for either acquisition by the Town of Vail or another form of protection. Staff Recommendation: The Community Development Department recommends that the Town Council review Chapter 2, Environmentally Sensitive Lands, of the draft 2018 Open Lands Plan Update and make recommnedations for changes to the plan, if needed. July 3, 2018 - Page 1 of 185 3. Action Items 3.1. Bighorn Road and Intermountain South Frontage Road Electric Underground Project discussion, contact award and budget modifications Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: The Town Council is being asked to provide direction to the staff on the undergrounding projects. Based on the option selected Town Council is asked to award the appropriate contracts and direct staff to provide the necessary funds to be included in the second reading of the second budget supplemental for 2108. Background: Holy Cross Energy provides 1 percent of all energy charges to the Town as a community enhancement fund per the franchise agreement. The town of Vail has used the fund exclusively to underground electric utility lines. In June of 2017, staff presented two significant projects to council to consider for use of the funds: the Bighorn Road project and the Intermountain S. Frontage Road project. The staff has designed, bid and begun some of the work. The staff is returning to council with the options for contract awards to complete the project as well as budget recommendations to fund the projects. Staff Recommendation: Staff recommends the Town Council complete the Bighorn and Intermountain undergrounding projects in 2018 and award both contracts to RPM excavating and direct the town manager to execute contracts in a form approved by the town attorney. Supplement the budget to complete the projects and direct the town manager to develop with Holy Cross Energy on a new franchise agreement for 2019. 15 min. 4. Public Hearings 4.1. Second reading of Ordinance No. 11, Series 2018, an Ordinance making 20 min. budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Funds and Timber Ridge Enterprise Fund Presenter(s): Kathleen Halloran, Director of Finance and Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 11, Series 2018 Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 11, Series 2018 4.2. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance 5 min. 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 July 3, 2018 - Page 2 of 185 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. 5. Adjournment 5.1. Adjournment 8:30 p.m. Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. July 3, 2018 - Page 3 of 185 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Police Department 2017 Year in Review PRESENTER(S): Dwight Henninger, Police Chief TOWN OF 1 X41 July 3, 2018 - Page 4 of 185 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: The Vail Valley Foundation will present an update on the upcoming Colorado Classic bike race and their other summer events. PRESENTER(S): Sara Franke, Vail Valley Foundation, Mac Garnsey, Vail Valley Foundation ACTION REQUESTED OF COUNCIL: No action required, informational only. BACKGROUND: The Town of Vail will host the first two stages of the Colorado Classic bike race on August 16 and August 17, 2018. ATTACHMENTS: Description VVF Colorado Classic July 3, 2018 - Page 5 of 185 2018 COLORADO CLASSIC -NAIL VAIL TOWN COUNCIL UPDATE July 3, 2018 COLORADO TOWN OF VAIL CLASSIC July 3, 2018 - Page 6 of 185 I VALLEY FOUNDATION arts• athletics. education COLORADO CLASSIC VAIL Race Updates Race starts and awards have moved to Mountain Plaza Men's teams have been announced 15 of the sport's top international and domestic men's pro cycling teams; including 4 UCI World Tour teams, 5 UCI Professional Continental squads, 5 UCI Continental teams, and the return of the national Team Rwanda Cycling. Women's teams have been announced and we anticipate the rider announcement to follow shortly, coinciding with the Tour de France. July 3, 2018 - Page 7 of 185 COLORADO CLASSIC AUGUST 16-19, 2018 TEAR EF EDUCATION FIRST - fRAPA( PJB CANNOMDALE TREK-SEGATRLDO HOLOWESKD I(RADELF B ARAPAHOE RESOUR3 ISRAEL CYCLING ACADEMY ELEVATE - MS PRO CYCLING I IPRT UCI 411511 JELLY BELLY P/B MAMMIS MITCHELTON - SCOTT LUHC UMITEDHEALTH(AREPRDFESSIOHAL CYCLING TEAM SILBER PRO CYCLING TEAM LOTTOLIL - JUMBO RALLY CYCLING 303 MEET July 3, 2018 - Page 8 of 185 2018 MEN'S TEAMS HAM BERMAN AXION AE4ULO TEAM RWANDA CYCLING W ilW.COWRADOCLASSIC.(OM COLORADO CLASSIC VAIL Ancillary Event Updates Whistle Pig Vail Gravel Fondo is set to take place on Friday, August 17. This gravel ride will take participants on a completely unique 56 -mile ride, starting and finishing in the heart of Vail The Colorado Classic Vail stages will dovetail with back to back performances by The Jerry Garcia Birthday Band, at the Gerald R. Ford Amphitheater on Aug. 17 + 18. Both shows are selling quickly. Food, Beer, and Expo Festival Local business integration, driving positive economic impact July 3, 2018 - Page 9 of 185 nom STAGE 1 VAIL CIRCUIT RACE AuGusT 16, 2018 amu: STAGE 2 - VAIL TIME TRIAL AUGUST 17. 2018 f � *Please note: The above animations come from the new coloradoclassic.com website; however, have not yet been updated for the revised start points. COLORADO CLASSIC VAIL Communication Updates The Town of Vail, RPM, and the Vail Valley Foundation are working hand in hand with local stakeholders to assure all route information is clearly communicated to those potentially impacted by the event routes within the Town of Vail. To date, route information has been communicated in the following manner: ✓ Letters to stakeholders, Vail businesses and potentially affected residents via email and a direct mailing to over 5,000 Vail addresses ✓ Press release to local media outlets ✓ Development of a new, interactive coloradoclassic.com website, providing detailed route information Continued Communication Efforts: ✓ A comprehensive communication plan targeting Vail businesses, residents, and visitors across multiple outlets; including email, social media, direct mail, print advertising, radio, community meetings, and press releases ✓ Up to date local impact information can be found at coloradoclassicvail.com ✓ A neighborhood liaison has been established to help answer any questions from Town of Vail residents July 3, 2018 - Page 10 of 185 July 3, 2018 - Page 11 of 185 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 2018 Open Lands Plan Discussion PRESENTER(S): Kristen Bertuglia, Environmental Sustainability Manager and Chris Neubecker, Interim Community Development Director ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the Town Council provide feedback on any elements of the Environmentally Sensitive Lands (Chapter 2) section of the draft 2018 Open Lands Plan Update. BACKGROUND: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update relating to Environmentally Sensitive Lands. The Plan identifies 16 parcels as Environmentally Sensitive Lands which should be considered for either acquisition by the Town of Vail or another form of protection. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council review Chapter 2, Environmentally Sensitive Lands, of the draft 2018 Open Lands Plan Update and make recommnedations for changes to the plan, if needed. ATTACHMENTS: Description Draft 2018 Open Lands Plan - Staff Memo Draft 2018 Open Lands Plan - Presentation July 3, 2018 - Page 12 of 185 TOWN OF vain Memorandum TO: Town Council FROM: Community Development Department DATE: July 3, 2018 SUBJECT: An update to the 1994 Comprehensive Open Lands Plan, pursuant to Section 12-3-7, Amendment, Vail Town Code. (PEC17-0049) Applicant: Town of Vail, represented by Braun Associates, Inc. Planner: Chris Neubecker I. Purpose The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update, specifically Chapter 2, Environmentally Sensitive Lands. For a copy of the draft 2018 Open Lands Plan Update, please select the following link: https://www.vailgov.com/openlandsupdate II. Environmentally Sensitive Lands The draft 2018 Open Lands Plan Update identifies 16 parcels as Environmentally Sensitive Lands which should be considered for either acquisition by the Town of Vail or another form of protection. For the purposes of this plan, Environmentally Sensitive Lands are those properties containing riparian areas, wetlands, geologic hazards, steep slopes, wildlife habitat, or act as neighborhood buffers. Environmentally Sensitive Lands were identified in the 1994 Comprehensive Open Lands Plan as a priority, and the feedback from the community during the recent public planning process confirmed this as a priority. To date, 30 of the 51 Action Items in the 1994 Plan have been completed, or have been achieved in other ways. The 1994 Plan also suggested the use of conservation easements or the Designated Open Space program to protect lands. To date, the Town has used the Designated Open Space process to protect 57 parcels, totaling 533 acres. During the planning process, we heard support from the community for stronger methods of protection, including more discussion on conservation easements. During the planning process, 106 private, undeveloped properties were identified and studied for potential protection. Of these 106 parcels, 16 are identified in the draft plan July 3, 2018 - Page 13 of 185 for protection. Of the privately owned lands studied, those identified for acquisition or protection include parcels that: • Are located adjacent to Gore Creek or one of its tributaries; or • Benefit wildlife habitat by providing movement corridors or other benefits; or • Are inaccessible due to terrain or ownership, or where access would have negative impacts on the land; or • Include steep slopes or other environmental hazards. Protection of Environmentally Sensitive Lands can take a variety of methods. In addition to outright acquisition by the Town, other potential forms of protection might include conservation easements to protect the land, rezoning of the property to limits its development potential, or requiring clustering development onto one smaller portion of the parcel leaving other parts undeveloped. Each of these scenarios would involve discussions between the Town of Vail and the property owners to consider the best approach for protection. III. Recommended Action Items and Implementation Steps Chapter 5 of the draft 2018 Open Lands Plan Update includes a list of Action Items for consideration. These Action Items include actions that the Town should take to implement the Plan, including acquisition of lands, acquisition of easements, construction of trails, and/or development or use of public lands or facilities. Action Items in the draft plan relating specifically to Environmentally Sensitive Lands include: • Action Item #2 — Steep land behind Cortina Lane with no legal access. Purpose: Protect environmentally sensitive land from development. Recommendation: Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. • Action Item #5 — Corner lot at intersection of Buffehr Creek Drive and Chamonix Lane. Purpose: Protect creek corridor land from development. Recommendation: Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. • Action Item #8 — Undeveloped lot on Matterhorn Circle. Purpose: Protect land from development and maintain wildlife movement. Recommendation: Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Prior to purchasing this parcel, monitor the site (with game cameras) to better understand how wildlife may use this parcel. • Action Item #10 — Steep lot above Sandstone Drive. Purpose: Protect environmentally sensitive land from development. Town of Vail Page 2 July 3, 2018 - Page 14 of 185 Recommendation: Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. • Action Item #12 — Parcel along Middle Creek east of Dobson Ice Arena. Purpose: Protect environmentally sensitive land from development. Recommendation: Acquire parcel or work with land owner (ERWSD) on conservation easement or other measures to eliminate development potential. • Action Item #13 — Small parcel of land on Gore Creek at International Bridge. Purpose: Protect environmentally sensitive land from development. Recommendation: Acquire parcel. • Action Item #17 — Small parcel of land immediately adjacent to the Vail Golf Course. Purpose: Protect environmentally sensitive land. Recommendation: Acquire parcel. • Action Item #19 — Steep lot in the Booth Falls neighborhood, with limited access and within rockfall hazard area. Very limited development potential. Purpose: Protect environmentally sensitive land from development. Recommendation: Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. • Action Item #20 — Lot at end of Lupine Drive with existing pond. Purpose: Protect environmentally sensitive land from development. Recommendation: Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. • Action Item #21 — Property owned by the Bighorn Mutual Sanitation and Recreation Company, including pond across Columbine Drive from East Vail Fire Station Purpose: Protect environmentally sensitive land from development. Recommendation: Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. • Action Item #22- Large, steep parcel with no current legal access, behind Columbine Drive and Nugget Lane. Property is within debris flow, avalanche, and rockfall hazard areas. Purpose: Protect environmentally sensitive land from development. Recommendation: Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. • Action Item #23 — Property owned by Colorado Department of Transportation (CDOT). Property has potential for development. Property is bisected by Bighorn Creek. Purpose: Protect environmentally sensitive land from development. Recommendation: Acquire parcel. Town of Vail Page 3 July 3, 2018 - Page 15 of 185 • Action Item #24 — East Vail Housing parcel, owned by Vail Resorts. Purpose: Protect environmentally sensitive land from development or mitigate development impacts on environmentally sensitive land. Recommendation: Acquire parcel if not developed by the land owner. If a development application is submitted and approved, work with the land owner to establish a conservation easement on the approximately 17 acres of Natural Area Preservation (NAP) property, and further mitigate for wildlife and other environmentally sensitive issues on the approximately 5 acres of developable property. IV. Input form Town Council and Next Steps The Community Development Department requests that the Town Council provide feedback on any elements of the Environmentally Sensitive Lands section of the draft 2018 Open Lands Plan Update that may need to be modified. Staff will take your suggested plan refinements, and will return with edits during meeting #6. At that time, we will present the final draft of the plan. The next meeting will focus on Use of Town Owned Lands, currently scheduled with the Town Council on July 17, 2018. V. Attachments A. Public Comment received since June 5, 2018 Town of Vail Page 4 July 3, 2018 - Page 16 of 185 2018 Update to the 1884 Comprehensive Open Lands Plan INTRODUCTION Meeting #1 Introduction/overview of the 2018 Open Lands Plan Update June 5th, 2018 Meeting #2 Suggested approach to Council's review Discussion of Council's general impression of draft Specific questions/ comments of Council June 19th, 2018 APPROVAL Meeting #3 Environmentally Sensitive Lands '94 plan, process, results Community input during this update process 2018 Update process Overview of Chapter 2 Lands recommended for acquisition/protection Methods for protecting sensitive lands Action Items/Implementa- tion Steps Implications/relationship of Chapter 2 with rest of the plan Summary of refinements Date TBD 1 Refine Draft Follow up as necessary Meeting #4 Town -Owned Lands '94 plan, process, results Community input during this update process 2018 Update process Overview of Chapter 3 Existing town lands and lands recommended for potential acquisition Action Items and Implementation Steps Implications/relationship of Chapter 3 with rest of the plan Summary of refinements Date TBD Refine Draft Follow up as necessary Meeting #5 Trails '94 plan, process, results Community input during this update process 2018 Update process Overview of Chapter 4 Proposed trail ideas/ trails dropped from consideration Action Items and Implementation Steps Implications/relation- ship of Chapter 4 with rest of the plan Summary of refinements Date TBD Refine Draft Follow up as necessary Meeting #6 Presentation of revised plan Consideration of resolution for approval TOWNaFval�'' ar�uN s. ire ,.. 2018 VAIL OPEN LANDS PLAN UPDATE Town Council Koviow Process • • } Update to the 1994 Comprehensive Open Lands Plan F ALI ! July 3, 2018 -Page 18 of 185 �,.:. 2015 Update to the 1004 Comprehensive Open Lands Plan INTRODUCTION Meeting Of rntroduttionlove rview of the 2018 Open Lands Plan Upoldte Jeerw. fir,, ?018 Meeting 02 Suggested approach to CounddJ's review Discussion of Council's general impression of draft Specific cTuetion%' comments of Council 91P...70 LI • TOPICAL REVIEW APPROVAL Meeting #3 Environmentally Sensitive Lands '94 pran, process, results Community in put during this update process 2019 Update process Qvcriicw or Chapter 2 Lands recommended for acquisition/protection Methods for protecting sensitive lands Action Iterrrs,rmplementa- tion Steps Implication Vrerationshi of Chapter 2 with rest of the plan Sumrrrary of refinemenim 17x11• 7617 Refine Draft FarJaw up as necessary Meeting #4 Town -Owned Lands '44 plan,. process, results Community input during this update process 2018 Update process Overview of Chapter A Existing town rands and rands recommended for potential acqui.5ition Action Items and Implementation Steps Implication frclatirnship of Chapter 3 with rest or the pran Summary of refinements Gent' TRC+ Refine Draft- Follow raf[ Follow upas necessary Meeting #5 Trail's 44 plan, process, results Community input during this update process 2018 Update process Overview or Chapter 4 Proposed trail ideas/ trai rs dropped from consideration Action Items and Implementation Steps lmpl ications,'re lation- ship of Chapter 4 with rest of the pran Summary of refinements TF Refine Draft Farrow .as necessary Meeting #6 Presentation of revised place Considc ratron of resaJution for approval Tt? V.4 k� 2018 VAJ J_ OPEN LANDS PLAN UPDATE Town Could Review Process Update to the 1994 Comprehensive Open Lands Plan TON iJ O F VAIL July 3, 2018 - Page 19 of 185 ;f.'l}1 . Fnvironmentally Sensitive Lands Background • 1994 Plan • 2018 Update -Community Input • 2018 Update -Process Town Council Comments/Questions Chapter 2 Overview • Approach/format • Main elements Town Council Comments/Questions Key Elements of Plan • Recommended Action Items • Protection of Lands • Recommended Implementation Steps Public Comment Town Council Comments/Questions Update to the 1994 Comprehensive Open Lands Plan TOWN JF VAIt July 3, 2018 - Page 20 of 185 Background/1 994 Plan "Purpose of this plan is to identify and develop strategies for acquiring or protecting key remaining open lands in Vail that would be valuable for recreation, protecting sensitive environmental resources, extending or connecting trails, providing adequate neighborhood open space, and creating a small amount of contingent land for unforeseen needs (e.g. employee housing, public facilities)". Update to the 3, 2018 - Page 21 of 185 A,'n1 1994 Comprehensive Open Lands Plan July t,t:�nt;, �,.:. TflUV fir UAll Background/1 994 Plan Cornpfehenelve Open Lands Plan ,c,.,p_,�. qfrkner rsmad;ax;:.Scns3iceMess Map Update to the 1994 Comprehensive Open Lands Plan T0IJN JF VAIt July 3, 2018 - Page 22 of 185 ArgirBRALIN Comprehensive Open Lands Plan - Status of Action Plan Parcels and Trails - Town of Vat); Colorado '2.'44 • • Potato 4 -47-- • • " — thlishion. 00.41 tr.arr Urn? fir .. .1.., PlaUvr.horn • • . r Inturnolirrhin SprattrAto CrtnoA . • , WI 1 h•alr Action man: suggeatd Action Statue Lu•,4•11.1 •A..4.g. 1-mirri.1% - 1-,',., :i-rrrl 51 Action Items 30 Environmentally Sensitive Lands 20 Complete** I PO. hi Grocer ":00. • • • }1. 0 .131L0'..41411 Cric.c.Or JL 111 E. 14 A • Background/1994 Plan MC` row( or 2016 VAIL OPEN LANDS PLAN UPDATE Action itemsiParcois Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir VAir July 3, 2018 - Page 23 of 185 Afr-awiRALIN Background/1 994 Plan Other Related Town Initiatives • Amend Open Space Zone Districts • Land Ownership Adjustment Act with USES "The Vall Town Council has places a high priority on identifying and acquiring additional open space because of the rapid pace of deve/opment and the relatively limited number of vacant parcels" Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 24 of 185 ARirt11 Background/1 994 Plan Permanent Protection of Sensitive Lands • Public Referendum to Change Use • Conservation Easements Update to the F,1'_ ! 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 25 of 185 �_,:,t:�n;lt,1, TfIVI/111 fir tal Background/2018 Community Input 3 Scoping Meetings • +/-75 participants • 11 "prompts"/3 related to sensitive lands 2 Community Meetings • #1 - "targeted" small group conversations • #2 -presented findings Town website portal Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l July 3, 2018 - Page 26 of 185 Background/201r community Input PROMPT- Acquisition of Lands Dating back to the purchase of the Anholtz Ranch in 1973 and the adoption of the RETT in 1979, the Town of Vail has a long history of acquiring land for public purposes. • Have these efforts benefitted the community? 98% said yes • Should they be continued? 89% said yes • Should the Town continue efforts to implement Recommended Actions from the 1994 OLP? 100% said yes ** Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 27 of 185 TflUV fir UAll Background/201r community Input PROMPT 2 - Reasons for Town Acquiring Land The 1994 Open Land Plan identifies four main reasons for the acquisition of lands - to protect environmentally sensitive lands from development, to establish open spaces and neighborhood buffers, for the development of recreation trails and to provide land for other public uses. Are these four reason valid today? 96% said they are Which of these reasons are most important to you? Protection of sensitive lands 49% Open space/neighborhood buffers 29% Trails 17% Other public uses 4% Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 28 of 185 Tibial fir UAll Background/2018 Community Input PROMPT - Gore Creek Over the past few years the Town has implemented significant measures to improve the aquatic health of Gore Creek. Should the Open Lands Plan target the acquisition of land or easements specifically for the purpose of enhancing the health of Gore Creek? • Are there specific measures in this regard you would support? • What's important to you? 100% support acquisition of land to benefit Gore Creek Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 29 of 185 TfIUVL fir tal gligirBRAti N Background/201 8 Process Community input was clear . . Task Evaluate all undeveloped/private lands Approach GIS data analysis Town resources (constraint maps) Field visits Update to the 3, 2018 - Page 30 of 185 A,'n1 1994 Comprehensive Open Lands Plan July t,t:�nt;, �,.:. TflUV fir UAll Backgroundl2018 Process Approach to 106 Parcels • Isolated, low density lots • Gore Creek/water course parcels • Constrained parcels • `94 Action Plan Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 31 of 185 TI1 I+V fir VAll Backgroundl2018 Process Approach to 106 Parcels • Isolated, low density lots Update to the 1994 Comprehensive Open Lands Plan TflY1/111 fir tMl July 3, 2018 - Page 32 of 185 Backgroundl2018 Process Approach to 106 Parcels • 13 Gore Creek/water course parcels Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 33 of 185 TIMM 111 WWI Backgroundl2018 Process Approach to 106 Parcels • 13 Gore Creek/water course parcels Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 34 of 185 Tibial fir tMl Backgroundl2018 Process Approach to 106 Parcels • Constrained parcels • `94 Action Plan Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 35 of 185 Tibial fir UMl Background/201 8 Process at Iira �•�. Approach to 106 Parcels • Constrained parcels • `94 Action Plan Update to the 1994 Comprehensive Open Lands Plan TflY1/111 fir tal July 3, 2018 - Page 36 of 185 Backgroundl2018 Process • Are located adjacent to Gore Creek or one of its tributaries • Benefit wildlife habitat by providing movement corridors or other benefits • Are inaccessible due to terrain or ownership or where access would have negative impact on the land • Include steep slopes or other environmental hazards Update to the F,1'_ ! 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 37 of 185 �_,:,t:�n;lt,1, TfIVI/111 fir tal Background Town Council Comments/Questions Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 38 of 185 Tf fir tal Chapter 2 Overview Introduction Community Input Environmentally Sensitive Lands Evaluation of Undeveloped/Privately-Owned Lands Protection of Environmentally Sensitive Lands Designated Open Space Lands Conservation Easements Update to the 3, 2018 - Page 39 of 185 A,'n1 1994 Comprehensive Open Lands Plan July t,t:�nt;, �,.:. TflUV fir UAll Chapter 2 Overview Town Council Comments/Questions Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 40 of 185 Tf fir tal Key Elements of Update Action items Implementation steps Protection of sensitive lands Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 41 of 185 TfI I+V fir to l l AggirBRAti N - Private Undeveloped Parcels - Environmentally SerasI1ive Parcels Identified For A.quisi-ion 116 Key Elements/Action Items PRIVATELY -OWNED LANDS/PARCELS FOR ACQUGSITION AND PROTECTION PLAN Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 42 of 185 TONI OF VAIt �x�S_S �Jr51I nzrrcl:.IIt; r Pmgra p irri — ..III 17k_I =h..r}yc Ln:ascirrxArta Jin 161 - Action Item Parcel Key Elements/Action Items ACTION ITEMS 2,11 7 Open : ri•i•:J P:C1 fl - I.!oc:c] Chapters - Action Plan Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 43 of 185 TOWN JF VAI Key Elements/Action Items Action Item #2 Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l July 3, 2018 - Page 44 of 185 Key Elements/Action Items Action Item #2 West Vail Interchange ACTION ITEM #2 Purpose - Protect environmentally sensitive land from development. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Other Information - This 6.3 acre site is characterized by very steep terrain and currently has no legal access. Development potential is limited. Parcel is located outside of Town boundary. '94 Action Pian - This parcel was Action Item #2 from the '94 Plan. Update to the 1994 Comprehensive Open Lands Plan TI1 I+V fir tM l July 3, 2018 - Page 45 of 185 „igirBR t_1 N Key Elements/Action Items Action Item #5 Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l July 3, 2018 - Page 46 of 185 Key Elements/Action Items Action Item #5 ACTION ITEM #5 Purpose - Protect creek corridor land from development. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Other Information - This .31 acre parcel is zoned Two-family Primary/Secondary Residential. Bufferhr Creek and associated riparian habitat bisects the site and floodplain impacts the site. '94 Action Plan - N/A Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 47 of 185 Key Elements/Action Items Action Item #8 Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l July 3, 2018 - Page 48 of 185 Key Elements/Action Items Action Item #8 ACTION ITEM #8 Purpose - Protect land from development and maintain wildlife movement corridor. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Prior to pursuing purchase of this parcel monitoring of the site (with game camera) should be done to better understand how wildlife may use this parcel. Other Information - This .46 acre parcel is zoned Two-family Primary/Secondary Residential. Big game are commonly seen crossing parcel to access Gore Creek. '94 Action Plan - N/A Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l July 3, 2018 - Page 49 of 185 R,,'t_1 N Key Elements/Action Items Action Item #10 Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal July 3, 2018 - Page 50 of 185 Key Elements/Action Items Action Item #10 Potato Patch ACTION ITEM #10 Purpose - Protect environmentally sensitive land from development. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Other Information - This vacant 1.39 acre site is zoned Agricultural and Open Space, is characterized by steep terrain and within a rockfall hazard zone. Development potential is limited. '94 Action Plan - This parcel was Action Item #14 from the '94 Plan. Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l July 3, 2018 - Page 51 of 185 aigirBRAt_l N Key Elements/Action Items Action Item #12 Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 52 of 185 Key Elements/Action Items Action Item #12 ACTION ITEM #12 Purpose - Protect environmentally sensitive land from development. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Other Information - This vacant .32 acre parcel is owned by the ERWSD. It is zoned Outdoor Recreation. Middle Creek runs through the parcel and both West Meadow Drive and the Gore Valley Trail cross through the southern portion of the parcel. '94 Action Pian - N/A Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 53 of 185 Key Elements/Action Items Action Item #13 Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 54 of 185 Key Elements/Action Items Action Item #13 ACTION ITEM # 13 Purpose - Protect environmentally sensitive lands. Action - Acquire parcel. Other Information - This .11 acre parcel is privately owned and zoned Public Accommodation. The parcel is within the Gore Creek floodplain. '94 Action Pian - This parcel was Action Item #22 from the '94 Plan. Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 55 of 185 Key Elements/Action Items Action Item #17 Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 56 of 185 Key Elements/Action Items Action Item #17 !e46 ACTION ITEM #1 7 Purpose - Protect environmentally sensitive lands. Action - Acquire parcel. Other Information - This parcel is privately owned. It was to have been included in the Town's purchase of land where the Vail Golf Club was subsequently developed, but was not conveyed as a part of that transaction. The parcel includes wetlands and the Gore Creek corridor. '94 Action Plan - N/A Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 57 of 185 Key Elements/Action Items Action Item #19 Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal July 3, 2018 - Page 58 of 185 Key Elements/Action Items Action Item #19 ACTION ITEM #19 Purpose - Protect environmentally sensitive land from development. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Other Information - This vacant .59 acre site is privately owned and zoned Low Density Multi -family. The parcel is characterized by very steep terrain, is within a rockfall hazard zone and has limited access potential. Development potential is very limited. '94 Action Plan - N/A Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 59 of 185 TIM fli 1A11 Key Elements/Action Items Action Item #20 Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 60 of 185 Key Elements/Action Items Action Item #20 19 ACTION ITEM #20 Purpose - Protect environmentally sensitive land from development. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Other Information - This privately owned, vacant .65 acre site is zoned Two-family Primary/Secondary Residential. The parcel is within the Gore Creek floodplain. Development potential is very limited. '94 Action Pian - This parcel was Action Item #38 from the '94 Plan. Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! July 3, 2018 - Page 61 of 185 Key Elements/Action Items Action Item #21 Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l July 3, 2018 - Page 62 of 185 Key Elements/Action Items Action Item #21 ACTION ITEM #21 Purpose - Protect environmentally sensitive land from development. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Other Information - This 2.16 acre parcel is owned by the Bighorn Mutual Sanitation and Recreation District. A pond encompasses most of the parcel. '94 Action Plan - N/A Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l July 3, 2018 - Page 63 of 185 gligirB F AU N Key Elements/Action Items Action Item #22 Update to the 1994 Comprehensive Open Lands Plan T0IJN Yr NAIL July 3, 2018 - Page 64 of 185 Key Elements/Action Items Action Item #22 ACTION ITEM #22 Purpose - Protect environmentally sensitive land from development. Action - Acquire parcel. Other Information - This privately owned, vacant parcel is 45.2 acres and zoned Agricultural and Open Space. The parcel has no legal access and is within avalanche, debris flow and rockfall hazard areas. '94 Action Plan - This parcel was Action Item #44 from the '94 Plan. Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 65 of 185 Key Elements/Action Items Action Item #23 Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 66 of 185 Key Elements/Action Items Action Item #23 ACTION ITEM #23 Purpose - Protect environmentally sensitive portion of parcel, potential for limited residential development. Action - Acquire parcel. Other Information - This 1.78 acre parcel is owned by the Colorado Department of Transportation. Bighorn Creek bisects the parcel and the parcel is impacted by a debris flow zone. '94 Action Plan - N/A Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 67 of 185 Key Elements/Action Items Action Item #24 Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 68 of 185 Key Elements/Action Items Action Item #24 —East plc Interch Area - ACTION ITEM #24 Purpose - Protect environmentally sensitive land from development and or mitigate development impacts on environmentally sensitive land. Action - Acquire parcel if not developed by the land owner. If a development application is submitted and approved, work with the land owner to establish a conservation easement on the approximate 17 acres of Natural Area Preservation property, and further mitigate for wildlife and other environmentally sensitive issues on the approximate 5 acres of developable property. Other Information - If the land owner were to decide not to develop this land at their sole discretion, the Town should take steps to acquire the property or work with the land owner to protect the land from development. This approximate 23 acre parcel is within bighorn sheep range and should be evaluated for habitat and rockfall hazards. The parcel had been incorrectly identified as unplatted open space in the 1994 Open Lands Plan. During the process of updating this plan, the land owner was confirmed, and applied for and received approval for subdivision and rezoning of the parcel to approximately 17 acres Natural Area Preservation and approximately 5 acres Housing. '94 Action Plan - This parcel was Action Item #2 from the '94 Plan. Update to the 1994 Comprehensive Open Lands Plan T1IJL 111VAI! July 3, 2018 - Page 69 of 185 Key Elements/Action Items Action Item #25 Update to the 1994 Comprehensive Open Lands Plan Tf11+1/111 fir tM l July 3, 2018 - Page 70 of 185 Key Elements/Action Items Action Item #25 OP 'kV* 147144 ACTION ITEM #2c Purpose - Protect environmentally sensitive land from development. Action - Acquire parcels or work with land owners on conservation easement or other measures to eliminate development potential. Other Information - This Action Item includes four privately -owned parcels, each of which are located almost entirely within the Gore Creek Corridor. '94 Action Plan - N/A Update to the 1994 Comprehensive Open Lands Plan TOWN 111 VAI! July 3, 2018 - Page 71 of 185 Key Elements/Action Items Action Item #26 Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir tall July 3, 2018 - Page 72 of 185 Amp -BRAUN Key Elements/Action Items Action Item #26 ACTION ITEM #26 Purpose - Protect environmentally sensitive land from development and potential trail development. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Other Information - This 2.94 acre parcel is owned by the Mountain Meadow Condominium Association. The parcel is within debris flow, rockfall and avalanche hazards areas '94 Action Plan - N/A Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 73 of 185 Key Elements/Action Items Action Item #27 Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 74 of 185 Key Elements/Action Items Action Item #27 ACTION ITEM #27 Purpose - Protect environmentally sensitive land from development. Action - Acquire parcel or work with land owner on conservation easement or other measures to eliminate development potential. Other Information - This vacant 1.9 acre site is privately owned. The parcel is characterized by very steep terrain, is within avalanche and rockfall hazard zones and has limited access potential. Development potential is very limited. '94 Action Pian - N/A Update to the 1994 Comprehensive Open Lands Plan Tf1111/111 fir to l July 3, 2018 - Page 75 of 185 Key Elements/Protection of Lands Protection of Lands '94 Plan Recommendations Designated Open Space • Established in Town Charter • Town -owned Lands/Eligibility: • Zoned NAP, OR or AOS • Sensitive lands, hazard area or park/passive rec • Open Space Board of Trustees • 3/4's vote of Council to designate • Designation - uses limited by zoning • 3/4's vote of Council and voter approval to change • 57 parcels are designated Update to the 3, 2018 - Page 76 of 185 A,'n1 1994 Comprehensive Open Lands Plan July t,t:�nt;, �,.:. TflUV fir UAll Key Elements/Protection of Lands Wm"! Tovvr "DESIGNATED OPEN SPACE" Update to the 1994 Comprehensive Open Lands Plan TI1 I+1111ll F tM l July 3, 2018 - Page 77 of 185 Environmentally Sensitive Lands Conservation Easements • Why consider easements • How they work • PEC discussion • Plan recommendation Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal F ALI ! July 3, 2018 - Page 78 of 185 �,.:. Key Elements/Follow-up Items Designated Open Space Board of Trustees —reconvene board Designated Open Space — Form Citizens Task Force, analyze the 26 parcels that currently qualify to be Designated Open Space and make recommendations on which parcels, if any, should be considered for designated. Evaluate the DOS process to improve effectiveness of the program. Conservation Easements — Form Citizens Task Force, evaluate the appropriateness of establishing conservation easements on Town - owned lands. Action Plan - Reach out to owners of environmentally sensitive lands identified for acquisition or protection on the Action Plan, monitor the availability of parcels. Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 79 of 185 T0IJN JF VAI gligirBRAti N Key Elements of Update Town Council Comments/Questions Public Comment Update to the 1994 Comprehensive Open Lands Plan July 3, 2018 - Page 80 of 185 Tibial fir tMl Next Steps Update to the 1994 Comprehensive Open Lands Plan TfIUVL fir tal July 3, 2018 - Page 81 of 185 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Bighorn Road and Intermountain South Frontage Road Electric Underground Project discussion, contact award and budget modifications PRESENTER(S): Greg Hall, Director of Public Works ACTION REQUESTED OF COUNCIL: The Town Council is being asked to provide direction to the staff on the undergrounding projects. Based on the option selected Town Council is asked to award the appropriate contracts and direct staff to provide the necessary funds to be included in the second reading of the second budget supplemental for 2108. BACKGROUND: Holy Cross Energy provides 1 percent of all energy charges to the Town as a community enhancement fund per the franchise agreement. The town of Vail has used the fund exclusively to underground electric utility lines. In June of 2017, staff presented two significant projects to council to consider for use of the funds: the Bighorn Road project and the Intermountain S. Frontage Road project. The staff has designed, bid and begun some of the work. The staff is returning to council with the options for contract awards to complete the project as well as budget recommendations to fund the projects. STAFF RECOMMENDATION: Staff recommends the Town Council complete the Bighorn and Intermountain undergrounding projects in 2018 and award both contracts to RPM excavating and direct the town manager to execute contracts in a form approved by the town attorney. Supplement the budget to complete the projects and direct the town manager to develop with Holy Cross Energy on a new franchise agreement for 2019. ATTACHMENTS: Description Big Horn Intermountain Memorandum Big Horn Road Exhibit Intermountain S Frontage Road July 3, 2018 - Page 82 of 185 TOWN OF VAIL. Memorandum TO: Vail Town Council FROM: Greg Hall, Director of Public Works and Transportation DATE: July 3, 2018 SUBJECT: Undergrounding of Holy Cross Energy overhead lines I. PURPOSE The purpose of this meeting is to present an update on the undergrounding of Holy Cross Energy overhead lines. Information to be presented includes: • Holy Cross Energy Franchise Agreement and the 1% Community Enhancement funds • Update on construction costs for Bighorn Road and Intermountain South Frontage Road electric line undergrounding projects • Options to complete the work for council direction regarding the undergrounding projects, contractor award and budget modifications 11. BACKGROUND In 1999 Holy Cross Energy and the Town of Vail entered into a 20 year franchise agreement, which included establishment of a community enhancement fund, collected by Holy Cross. The utility assesses an additional 1% to customers to generate funds to be used by the Town. In this timeframe the Town of Vail has received $ 2,682,964 of which $ 1,612,868 has been used exclusively for the undergrounding of overhead powerlines. There are nearly 7 miles of overhead lines remaining within the Town of Vail. The town received $ 196,407 from community enhancement funds this past year. The initial project was the undergrounding of power lines along the South Frontage Road from the west vail interchange to Cascade Village. In subsequent years the town has participated with individuals and neighborhoods to leverage funds to underground overhead lines. In 2013 as the funding was being drawn down the town identified with Holy Cross Energy 5 lines as priorities in order to better plan over the long term the use of the community enhancement funds. These 5 projects were estimated at the time to cost in the millions to complete. Two of those overhead line projects were the Bighorn Road and the Intermountain South Frontage Road. July 3, 2018 - Page 83 of 185 III. PROJECT DESCRIPTION Bighorn Road Project This project was started nearly 8 years ago and has been incrementally completed as funds and funding partners have allowed. In this time frame, approximately 1300 linear feet of line has been undergrounded. Town staff has been working to secure the remaining funds to complete the remaining 3300 feet of lines. It was anticipated in 2017 the town would be able to complete the project. See attached map for details. Intermountain South Frontage Road Project The town evaluated this project as part of the initial undergrounding phase. The 4200 linear feet Intermountain underground routing Holy Cross had selected at that time was to follow the existing line. In addition, the town could only advance up to a maximum of three years of future payments from Holy Cross, limiting the funds available for undergrounding. This required the town to prioritize between the two sections of South Frontage Road and it was decided to undertake the portion from West Vail interchange to Cascade. In 2013 the town added the remaining Intermountain portion as one of the five prioritized projects. See attached map VI. PROJECT COSTS AND REVENUES On June 6, 2017 the town staff presented to the Town Council update on both the Intermountain and Bighorn Road undergrounding projects. The estimated cost of both projects was $ 2,153,000. At that time, it was decided to move forward with engineering to pursue both projects. The Town engaged an engineer to prepare construction documents for the two projects. Late last year, an opportunity presented itself regarding a portion of the Intermountain project to jointly share in some of the construction costs with ERWSD, and the Intermountain project was split into two phases. There are two components to each project. The town is responsible for excavating and installing the infrastructure of conduits and vaults along a Holy Cross approved route, including all road repairs. The Town contracts to have this work performed. The Town also contracts with Holy Cross Energy for their engineering of the system, the supply of the conduits and vaults to be installed along with the installation of new electric lines, transformers and switch gears as well as the removal of the old lines and poles. In addition, to the work required to have the main power line undergrounded, secondary services are also required to be underground from overhead transformers on poles to ground set transformers to the service meter. Holy Cross Energy does not perform any work for the secondary services. The work required of secondary services requires an electrician, excavator, and electrical plan and permits. The Town entered into agreements with Holy Cross Electric on April 3 of this year, for each project for the entire portion of the Holy Cross work. On May 1, of this year the town entered into an intergovernmental agreement with ERWSD to jointly fund the eastern phase of the Intermountain project infrastructure installation. On June 2, the Town received two bids for the infrastructure installation projects for Bighorn Road as well as the western phase of the Intermountain project. Having the complete costs defined by contractors and bids, the town of Vail was able to discuss with Holy Cross a prudent way to complete these projects over the next two years. The following is being proposed for council consideration. 2 July 3, 2018 - Page 84 of 185 2018 Intermountain Eastern Phase Project (Currently Contracted) ERWSD District joint Project $ 317,193 Project Contingency 10% $ 32,000 Holy Cross costs for engineering and to supply materials $ 50,000 2018 subtotal $ 399,193 Bighorn Road Project Award project to RPM Excavating for Bighorn infrastructure $ 406,114 Project Contingency for Bighorn $ 41,000 Holy Cross costs for engineering and to supply materials $ 45,000 2018 subtotal $ 492,114 Intermountain Western Phase Project Award Project to RPM Excavating for Intermountain West Phase $ 527,631 Project Contingency 10% $ 53,000 Holy Cross costs for engineering and to supply materials $ 55,000 2018 subtotal $ 635,631 2018 Grand Total $ 1,526,938 2018 Funds Available Current Holy Cross uncommitted enhancement funds in Town Account $ 1,095,614 Advancement of Holy Cross Funds to End of Current Franchise $ 242,000 Total 2018 $ 1,237,614 2019 Bighorn Road Project Holy Cross costs for materials, equipment and labor $ 200,000 Town of Vail Cost to convert 6 secondary services $ 90,000 2019 subtotal $ 290,000 3 July 3, 2018 - Page 85 of 185 Intermountain Project Both east and west Phases Holy Cross costs for materials, equipment and labor $ 220,000 Town of Vail cost to convert 2 secondary services $ 30,000 2019 subtotal $ 250,000 2019 Grand Total $ 540,000 2019 Funds Available Future funds from new 2019 Holy Cross Franchise Agreement $ 729,324 2018 additional supplemental funds to be reimbursed in 2018 and 2019. $ 971,324 VII. PROJECT OPTIONS 1. The Town could follow through with the Bighorn Project this year and rebid the western half of Intermountain next year. or 2. The town could provide additional funds this year and negotiate with Holy Cross to have the Town's advancement be included in any pay back and complete all the excavation and infrastructure installation this year. or 3. The town could loan itself the funding gap to complete the two projects now. The town would then pay itself back with enhancement funds as they are provided by Holy Cross Energy over the next 5 years. The town will enter into a new franchise agreement with Holy Cross in 2019 to fund the work to be completed in 2019 and pay back the town for funds expended in 2018 beyond the allocated funds available. VIII. ACTION REQUESTED The Town Council is being asked to provide direction to the staff on the options presented to complete the undergrounding projects. Based on the option selected, Town Council is asked to then award the appropriate contracts and direct staff to provide the necessary funds to be included in the second reading of the second budget supplemental for 2109. IX. STAFF RECOMMENDATION 4 July 3, 2018 - Page 86 of 185 Staff recommends the Town Council complete the Bighorn and Intermountain undergrounding projects in 2018 and award both contracts to RPM excavating and direct the town manager to execute contracts in a form approved by the town attorney. Supplement the budget to complete the projects and direct the town manager to develop with Holy Cross Energy on a new franchise agreement for 2019. X. ATTACHMENTS a) Bighorn Road Underground Utility Project b) Intermountain South Frontage Road Underground Utility Project 5 July 3, 2018 - Page 87 of 185 6 July 3, 2018 - Page 88 of 185 6 Ri 20 L12 L7 L18B1OBH3 72 LBGCP 21 84 L6 84 ■ R11 L5B9 BH3 R8A L16BH2 84 R8 L3B8 BH3 L5B1 BH1 372 373 L1GCP L2B6BI L1 B8 BH3 L1 B1BH1 Ri 184 L19BH Ri 183 Ri 185 L14BH 54-56 85 86 N.O.( ) L16B9 L13BH 84 L9BH RSA L1 B2BH1 0 L12 L1 B7 BH3 85 27 07 08 L8B: L16 opF 177,781 CO UMB/N S. G. SW 37 CAS 8 L2O-6 75 July 3, 2018 - Page 89 of 185 July 3, 2018 - Page 90 of 185 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Second reading of Ordinance No. 11, Series 2018, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Funds and Timber Ridge Enterprise Fund PRESENTER(S): Kathleen Halloran, Director of Finance and Carlie Smith, Budget Analyst ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No. 11, Series 2018 BACKGROUND: Please see attached memo. STAFF RECOM M ENDAT ION: Approve or approve with amendments Ordinance No. 11, Series 2018 ATTACHMENTS: Description 2018 Supp 2 2nd July 3, 2018 - Page 91 of 185 TOWN OF VAIL: Memorandum TO: Vail Town Council FROM: Finance Department DATE: July 3, 2018 SUBJECT: 2018 Supplemental Appropriation I. SUMMARY On Tuesday evening you will be asked to approve Ordinance 11, second supplemental appropriation of 2018 upon second reading. This proposed budget supplemental request will adjust the budget to reflect $4,125,650 of additional revenue and proposes an increase of $6,338,871 to expenditures across all funds. The fund statements are also attached. II. DISCUSSION Responses to Council Mid -Year Funding Inquiries The following reflects information requested by Council during the first reading on June 19th regarding the mid -year funding requests. Staff recommendations for these requests are included as Attachment A. • During the 2018 Annual Council Contribution process Vail International Dance Festival requested $65,000 of funding, a 33% increase from 2017 to assist with continued growth of the event but based on 2018 operating budget guidelines, signature events were not awarded increases in funding. Council contributed $48,962 to Vail Dance in 2018, flat with 2017. This mid cycle request from Vail Dance is an additional $5,800 of funding for a mini pod cast series, "Conversations with Dance". Staff has recommended funding $4,600 due to anticipated ticket sales of $1,200. • Per Council's request, Shipstead Entertainment has provided information regarding the Vail HolidaysTM Ice Skating Festival marketing plan as well as the estimated economic impact of the event. Please see Attachment B from Shipstead Entertainment. July 3, 2018 - Page 92 of 185 Changes from first reading The following items reflect updates and additional requests since the first reading: General Fund Budgeted revenue is requested to be adjusted by a $170,286 reimbursement for deployments to eight separate wildfires, including the Summit County Buffalo Fire, the 416 Fire in Durango, and Mallard Fire in Texas. $136,293 of the reimbursement will be directly offset by personnel and travel expenditures for those incidents. The additional $33,993 is payment for the use of the town vehicles and equipment during wildfire deployment. Additionally, staff is requesting to increase budgeted expenditures by $25,300 related to town owned housing units. $4,500 is requested for monthly condo association dues and utilities for the new Altair Vail unit. The remaining $20,800 is the town's portion for special homeowner association assessments to replace the original roof at Vail Heights ($14,800) and to replace water heaters at the Gore Range Condos ($6,000). A late mid-cycle funding request was submitted from Highline for $270,000 to revitalize the early winter Snow Daze event already approved for funding ($30,000) by the Commission on Special Events (CSE). Combined with some sponsorship funding and in partnership with Vail Resorts ($200K), the estimated expanded event budget of $630,000 would include 4 days of in -town activation and 2 free concerts (Friday/Saturday) in Ford Park. The town, Vail Resorts and Highline Entertainment will work together with local lodging properties to promote extended lodging stays (greatly reduced pricing for Thursday or Sunday night stays, for example). Please see Attachment C for Highline's application for funding. The addition of the above adjustments to the General Fund 2018 budget will result in a net deficit of $1,726,006 with a resulting fund balance of $27.6M by the end of 2018, or 70% of revenues. Capital Projects Fund Budgeted revenue will be adjusted by an interagency reimbursement of $260,302 for the county -wide radio purchase coordinated by the town. While the total cost of the radio purchase of $860,305 was already carried over from the 2017 budget, the revenue should carry over as well. Staff is requesting $12,000 to replace 40 body worn cameras (BWC). The current cameras, purchased in January 2016 and beyond the warranty date, are failing to hold a battery charge through a shift and continually need to be repaired. The manufacturer is offering the town new cameras with an extended warranty at a reduced cost. Staff believes this is the best option for keeping the BWC system operable. -2 July 3, 2018 - Page 93 of 185 Relating to a presentation on July 3rd to Council, staff is requesting $2,066,938 to contract for a two-year project to underground utilities in the Bighorn and Intermountain neighborhoods. The project will be reimbursed by the Holy Cross Community Enhancement Fund over a 4 year span. The Enhancement Fund has an available balance of $1.1 million to date. The town would use that amount, plus provide up front funding for the remainder as an "advance" on future enhancement fund collections. Staff estimates an annual collection of $250K per the franchise agreement with the town. Dispatch Services Fund Budgeted revenue is requested to be adjusted by an increase of $4,981 to be directly offset by personnel expenditures for deployment to the Bocco Wildfire in Wolcott, CO. Timber Ridge Fund The Timber Ridge Operating Committee is requesting $8,000 to perform a rockfall hazard and mitigation study, similar to what was done for the LionsRidge Apartments. Pending the outcome, any potential capital improvements would be requested as part of the 2019 budget process. Timber Ridge is projected to have net income of $179,130 in 2018, with a fund balance of $1.2 million. -3 July 3, 2018 - Page 94 of 185 2018 Off -Cycle Contributions A. Vail Recreation District/ Eagle Vail Metro District Attachment A BACKGROUND INFORMATION: The Vail Recreation District in coordination with the Eagle Vail Metro District is requesting $4,000 to refurbish the Eagle Vail fields. The need for this funding is to ensure a quality product for Town of Vail supported events that use the fields with most of these events receiving Commission on Special Events (CSE) funding. Size and growth of tournaments has put heavy use on the fields and has caused considerable stress on the turf. The funding will be used to aerate, top dress, fertilize, and sod the fields. STAFF RECOMMENDATION: Staff recommends one time funding of $4,000 to refurbish the Eagle Vail fields. Staff also recommends collaborating with the Vail Recreation District and the Eagle Vail Metro District to determine a permanent funding mechanism to keep the fields at a quality level to meet the demands of VRD tournament event needs. B. Vail Valley Foundation- Vail Dance Festival BACKGROUND INFORMATION: Vail Dance is requesting $5,800 for a mini podcast series forum filmed in Vail called "Conversations with Dance". The funding would directly support festival forum costs including host stipends, travel, and lodging along with marketing and rental fees of Manor Vail Lodge. The total cost of the series is $5,800 with expected revenue from the forums of $1,200 from ticket sales. The podcasts debuted during the 2017 festival and were a success with nearly 120,000 listens to date. STAFF RECOMMENDATION: Staff recommends funding $4,600 for the Vail Dance festival forum, "Conversation with Dance". The total funding recommended is the total cost of the event ($5,800) less the expected revenue from ticket sales ($1,200). This event supports an enrichment activity for Vail visitors as well as speaking to a younger generation and international audience through the internet. C. Shipstead Entertainment- Vail Holidays TM ice skating festival BACKGROUND INFORMATION: Shipstead Entertainment is requesting $20,000 cash funding for Vail Holidays TM ice skating festival. The funding will go towards adding additional activation around town with some paid and free activities including two free shows; one at Solaris and one at the Arrabelle. The skate festival events will include elite performers and coaches for shows and skating clinics. Shipstead Entertainment is also requesting in- kind funding of two days at Dobson arena (Dec 15th and 16th) for a show and a two day clinic. Shipstead Entertainment was unaware of Town of Vail funding until February 2018. For 2019 event funding, they will go through the Commission on Special Events contribution process. STAFF RECOMMENDATION: Staff recommends a cash contribution of $20,000 for the Vail Holidays TM ice skating festival. This event supports the joint goal of Town of Vail and Vail Resorts by providing robust off -mountain entertainment opportunities during the low demand early winter season time period. Staff also recommends funding the in-kind request for two days at Dobson with the appropriate approval and coordination with the Vail Recreation District. Shipstead Entertainment will be responsible for hard costs for use of the Dobson Arena such as set-up, tear -down, cleaning and utilities. The Commission on Special Events endorses this event and has formally shown its support in a memo included with the attached application. 1 July 3, 2018 - Page 95 of 185 Attachment B 2018 Town Council Funding & In Kind Request 7Y(iijpstaif/ nterfainmenf Submitted by: Edwin Shipstad July 3, 2018 - Page 96 of 185 Company Specialties Holiday Shows �sktp5cart ff* Stationary Performances Corporate Events July 3, 2018 - Page 97 of 185 Shipstad Entertainment Highlight: Pre -game VIP Kick -Off Party for the Super Bowl XLVI in Indianapolis July 3, 2018 - Page 98 of 185 2018 Vail Ice Skating Performances Overview 0 TOWN OF VAIL Two free shows in Vail Village: One at the Solaris and one at the Arrabelle integrated with Vail Holidays Celebration (10-15 minute shows) Paid event at Dobson Arena: 0 December 15th starring 2018 Olympic Gold Medalist Patrick Chan QSkating Clinic: December 15-16/ Focus on local and front range skaters with elite coaching staff from Colorado Springs Memorabilia: from the US Figure Skating Museum and Hall of Fame at the room next to the Vail Library or Dobson meeting room July 3, 2018 - Page 99 of 185 HILTC Inclusion of Free Shows & Promotion in Conjunction with Vail Holidays Programming July 3, 2018 - Page 100 0 ^_ `•NAIL I. OLI DAZE WINTER SOLSTICE ON ICE DECEMBER 20-21, 2013 JASON BROWN WORLD GRAND PRIX MEDALIST ALEXA SCIMECA & CHRIS KNiERIM US NATIONAL PAIR MEDALISTS RYAN BRADLEY US NATIONAL CHAMPION, WORLD TEAM MEMBER 2 -TIME WORLD GRAND PRIX MEDALIST TOWN OF VAN.' Alpine Bank TRIUMPH WINTERFEST LOGAN LUMINESCENCE MADELINE AARON & MAX SETTLAGE US NAIIONAL PAIR CRAM MONS VAILHOLIDAZE.COM Free to the Public: Curated Skating Memorabilia Exhibit at the Vail Library or Dobson Arena Items donated by US Figure Skating Museum and Hall of Fame July 3, 2018 - Page 101 of 185 Ice Skating Spectacular at Dobson Arena Event Production Details Shipstad Entertainment's productions draw more than just the skating community due to the level of talent. • The Show will feature 2018 Olympians and will include 2018 Olympic Gold medalist, 3 -time Olympic medalist, 3 -time World Champion, and 10 -time Canadian Champion PATRICK CHAN! Patrick is very excited to return to VAIL for this production. • Also scheduled to appear are 2018 Olympic Bronze medalists Alexa Scimeca Knierim/ Chris Knierim and Mirai Nagasu. Mirai is also known for her amazing performance this season on Dancing with the Stars. • This is Colorado's only performance in 2018 with this many elite level skaters and Patrick Chan's only Colorado performance. Shipstad Entertainment's production are not just known in the United States. • Their production was featured for the month long Victoria, Mexico State Fair where they played to sold -out crowds and another week in Chihuahua, Mexico. July 3, 2018 - Page 103 of 185 Chihuahua Mexico:5,000 Spectators Also in Attendance - Mayor and Governor Sponsorship & Marketing Plan • Currently distributing flyers and information to over 25 Colorado and surrounding state figure skating clubs, over 20 Colorado Ice Arenas, large area competitions, and even distributed to the skaters that frequent Colorado Springs from Mexico and their clubs. • US Figure Skating, the governing body of figure skating in the United States, is in support of this event and sanctions it along with Skate Canada. • Working on the Professional Skaters' Association's support so registered skating coaches can receive education credits by attending the Vail clinic/seminar with elite level coaches. Sponsorships currently in the works: • Multiple Doctors offices (including local Vail and front range offices) • Large Law Firm with 5 front range locations • Multiple national F & B companies • Eye Clinic with over 12 front range and mountain locations • Multiple national apparel companies for staff, participants, and skater apparel • Website is currently taking email newsletter subscribers at: www.vailskatefest.com • Meetings to promote the event are set with Vail Daily and Channel 8 for the week of July 9th July 3, 2018 - Page 105 of 185 f ,7 USFIGURE SKATIN6! Estimated Return on Investment (ROI) & Attendee Expenditures • The Ice Spectacular and ancillary events will encourage spending in Vail by offering engaging activation in the village with the free skating shows. In addition the Ice Spectacular will bring people into town for an early dinner with family or a post -event hot chocolate. The skate clinic/seminar will also bring coaches, skating officials, skaters, plus their families into town. • Estimated average daily spending per person: • Dining: $25 • Shopping: $20 • Lodging: $170 (Benchmark $678: December 2017 ADR- divided by 4 people per room) • Other Activities: $25 • Total estimated average daily spending per person: $240 • Estimated ROI - Formula: # of attendees x total average spending = $ (2000 attendees) x ($240 daily spend ) _ $480,000 July 3, 2018 - Page 106 of 185 Destination Guests & Community Impact Staff & Skater Room Night Counts: • 26 Room nights for Staff & Skaters for the Ice Spectacular • 20 Room nights for Denver Synchronicity Team for Ice Spectacular • 12 Room nights for Staff & Skaters for the activation around town (two free shows) • 80 Room nights for participants in the Clinic/Seminar at Dobson Arena Dec 15 & 16 • 75-150 plus room nights for skating fans coming to see the Ice Spectacular Show Anticipated attendance for Ice Spectacular: • 175 spectators on the ice level seating • 400-500 bleachers • Skating clinic/seminar - 75-100 skaters Town of Vail Community Activation: • Vail Mountain School's Theatre Department will be helping with tickets/spotlights • Reviewing audition videos of the local schools for a choir to sing Holiday songs before the show as guests arrive (Vail Mountain, Vail Performing Arts, Vail Christian, etc.) • Skating Club of Vail will have a performance number in the show • Girl/Boy Scouts Learn to Skate session prior to the show on December 15th July 3, 2018 - Page 107 of 185 Shipstad Entertainment is excited to return to Vail in December 2018! July 3, 2018 - Page 108 of 185 Attachment C Name of Organization : Highline First Name of Contact Person : James Last Name of Contact Person : Deighan E-mail Address : james@gohighline.com Mailing Address : 12 Vail Road, Suite 500 City : VAIL State : US -CO Zip : 81657 Telephone Number : 9704766797 Members and Titles of your Governing Board : James Deighan-Managing Partner Myriah Blair - CFO Organization Mission Statement : HIGHLINE: To foster a culture in which Highline team members are challenged to excel in providing all customers with exceptional service, extensive knowledge and an unwavering commitment to ethical excellence - not only to complete client satisfaction -but beyond all expectations! VAIL MOUNTAIN: At Vail Resorts, our mission is simple — to create the Experience of a Lifetime for our employees, so they can, in turn, provide exceptional experiences for our guests. Vail Resorts is dedicated to delivering seamless guest service by continuously investing in our team and the infrastructure, systems and training programs that support the employee experience. Organization fiscal year-end: : 2018-12-31 Are your books audited? : Yes Type of Funding Requested : Cash Funding Only Amount of Contribution Requested : $300,000 Why was this not part of the annual contribution request process for 2018 (Due June 30th)? : This additional request for funding is being requested to enhance the current plans for the 2018 Vail Snow Days event. How will the contribution be used? : The additional funds for the 2018 Vail Snow Days will be used to create a multi day, fully faceted festival atmosphere designed to entice overnight guests to choose Vail as an early season destination. -Four nights of concerts/music -On snow activities and elements -In town inclusion with merchants/businesses/restaurants/bars [see below for more detail] How does your request support item 1C of the Contribution Policy (See above) : Connecting with Town of Vail merchants, the proposed 2018 Vail Snow Days expanded plan will offer opportunities, ideas and avenues for businesses to take part in the event and leverage the event marketing channels and on site activations. LODGING COMMUNITY: The goal is to work with local lodging properties and encourage them to offer competitive rates for multi day stays (more than 3 days) over the Vail Snow Days weekend. Event organizers would also provide opportunities to package VIP experiences at the concerts and on mountain with room nights to provide different experiences for their guests. July 3, 2018 - Page 109 of 185 LOCAL BUSINESSES -RETAILERS: Event organizers would work with local merchants and retailers to create a program to encourage guests to shop and support Town of Vail local businesses by providing preferred offerings, in store animations and more. LOCAL RESTAURANTS: Following successful models that have proven beneficial at other times of the year, restaurants working together with the event can align with Vail Snow Days and offer special menus, opportunities and early season specials. July 3, 2018 - Page 110 of 185 2018 Original Budget TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 1st Supplemental 2018 Amended 2nd Supplemental 2018 Amended Revenue Local Taxes: $ 26,146,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 62/38 Sales Tax 16,149,000 Property and Ownership 5,300,000 Lift Tax 5,212,600 Franchise Fees, Penalties, and Other Taxes 1,151,137 Licenses & Permits 1,747,787 Intergovernmental Revenue Transportation Centers Charges for Services Fines & Forfeitures Earnings on Investments Rental Revenue Miso Total Revenue Expenditures Salaries Benefits Subtotal Compensation and Benefits Contributions and Special Events All Other Operating Expenses Heavy Equipment Operating Charges Heavy Equipment Replacement Charges Dispatch Services Total Expenditures increase vs. prior year $ 26,146,000 62/38 16,149,000 5,300,000 (268,400) 4,944,200 1,151,137 1,747,787 $ 26,146,000 62/38 16,149,000 5,300,000 4,944,200 1,151,137 1,747,787 $170.3K state reimbursement from wildfire deployments; $22.5K DOLA 1,980,972 35,700 2,016,672 197,803 2,214,475 grant for Drug Awareness Campaign; NWIMT state grant reimbursement ($5K) - See corresponding expenditures below 5,388,000 (240,100) 5,147,900 5,147,900 922,264 922,264 922,264 254,156 254,156 254,156 131,000 131,000 131,000 1,064,138 1,064,138 1,064,138 180,000 180,000 1,000 181,000 Health Link Grant ($1K) - See corresponding expenditure below 39,481,054 3.3% 18,794,352 6,767,047 (472,800) 39,008,254 198,803 39,207,057 109,000 18,903,352 37,000 6,804,047 176,196 19,079,548 Wildfire deployments ($95.4K); Staff overtime for Colorado Classic ($76.2K); $4,500 for staff to perform administrative work for NWIMT 38,410 6,842,457 Wildfire deployment ($37.9K); $1,000 for staff to perform administrative work for NWIMT 25,561,399 5.9% 2,075,093 146,000 25,707,399 214,606 25,922,005 196,000 2,271,093 311,932 2,583,025 Off -Cycle Contribution Funding: Expansion and revitalization of early season Snow Daze event ($270K); VRD for Eagle Vail fields ($4K), Vail Skating Festival ($20K), Vail Dance podcast forums ($4.6K); 2017; Event research invoices ($13.3K); Monthly condo dues for Altair Vail ($4.5K); Special HOA assesments at Vail Heights for a roof replacements ($14.8K) and Gore Range for water heater replacements ($6K); Wildfire deployment travel and meals ($3K); 8,048,059 49,700 8,097,759 84,664 8,182,423 Use of Health Link grant for standup desk ($1 K)- See corresponding reimbursement above; Neighbor communications and outreach for the Colorado Classic ($28.9K); Increased bus service for Colorado Classic ($4k); Drug awareness campaign paid for by DOLA grant ($22.5K) 2,385,076 725,926 659,608 2,385,076 725,926 659,608 2,385,076 725,926 659,608 39,455,161 391,700 39,846,861 611,202 40,458,063 4 July 3, 2018 - Page 111 of 185 Revenue Over (Under) Expenditures 25,893 Planning Projects Civic Area/Dobson Master Plan West Vail Master Plan (838,607) (1,251,006) (125,000) (350,000) (125,000) (125,000) (350,000) (350,000) Revenue Net of Transfers & New Programs (449,107) Beginning Fund Balance Ending Fund Balance As % of Annual Revenue EHOP balance included in ending fund balance - (1,313,607) (1,726,006) 27,651,283 $ 27,202,176 1,638,048 29,289,331 $ 27,975,724 29,289,331 $ 27,563,325 69% 72% 70% not spendable $ 690,000 $ 690,000 $ 200,000 $ 890,000 5 July 3, 2018 - Page 112 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND New Project Requests 2018 1st 2018 2nd 2018 Budget Supplemental Amended Supplemental Amended Revenue Total Sales Tax Revenue: $ 26,046,000 $ 26,046,000 $ 26,046,000 2018 at 2% increase from 2017 projected (1% decrease from 2016 actuals) Sales Tax Split between General Fund & Capital Fund 62/38 62/38 62/38 Sales Tax - Capital Projects Fund $ 9,897,000 $ 9,897,000 $ 9,897,000 Use Tax 1,975,900 1,975,900 1,975,900 2018 at 2% increase from 2017 amended; plus estimates for Mountain View Other County Revenue 260,302 260,302 $260.3K reimbursement for radios from Eagle County Sheriffs Office, Eagle County Health Services District, and Avon Police Department Other State Revenue - - 83,691 83,691 DOLA grant for license plate readers (2 vehicles) and upgraded police Intel sharing software program Lease Revenue 159,135 159,135 159,135 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K) Sales of Chamonix Housing Development Units 16,742,000 16,742,000 951,900 17,693,900 Sale of Chamonix Housing Units Project Reimbursement 5,843,802 50,000 5,893,802 1,095,614 6,989,416 2018: Red Sandstone parking structure reimbursement with $4.3M from Vail Resorts and $1.5M from Eagle County School District; $50KM Use of Holy Cross Community Enhancement Funds to offset project to bury electric lines from Liftside to Glen Lyon Office Building- see corresponding expense below; $1.1M use of Holy Cross Enhacements Funds to be used towards Big Horn Rd and Intermountain during 2018. Timber Ridge Loan repayment 489,419 489,419 489,419 $28.5K interest on $1.9M loan to TR; Principal and interest on $8M loan to Timber Ridge Fund Earnings on Investments and Other 38,723 38,723 38,723 0.7% rate assumed on available fund balance Total Revenue 35,145,979 50,000 35,195,979 2,391,507 37,587,486 Expenditures Maintain Town Assets Bus Shelters 30,000 88,825 118,825 118,825 Re -appropriate for Annual bus shelter maintenance; 3 bus shelters are currently being evaluted Parking Structures 695,000 695,000 695,000 2018: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairs Welcome Center Maintenance 250,000 250,000 250,000 2018: Furniture replacement for Lionshead Welcome Center- current furniture has reached it's 5 year life. This includes paint and built in desks ect; Children's Garden of Learning- Boiler Replacement 12,800 12,800 12,800 Council Contribution for boiler replacement Traffic Impact Fee and Transportation Master Plan Updates 200,000 33,482 233,482 233,482 2018: $233.5K for 20 -year Transportation Master Plan to coincide with West Vail Master Plan. Neighborhood Bridge Repair - 689,134 689,134 689,134 Kinnickinnick (West) Bridge Repair, West Forest Bridge Repair; Scheduled for 2019 (Reappropriation from 2017) Facilities Capital Maintenance 476,000 476,000 476,000 Various repairs to town buildings including the upkeep of exterior (roofing, siding surfaces, windows, doors), interior finishes (paint, carpet, etc.), and mechanical equipment (boilers, air handlers, etc.). Donovan Park Pavilion 5,000 10,000 15,000 15,000 Annual Maintenance Street Light Improvements 50,000 97,057 147,057 147,057 Re -appropriate for annual maintenance to street lights; 2018: $50K LED light enhancements Capital Street Maintenance 1,220,000 - 1,220,000 1,220,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; Town -wide camera system 70,000 70,000 140,000 140,000 Re -appropriate to replace Bosch system(30 cameras) originally scheduled in 2017 ($70K each year until 2019); Audio -Visual capital maintenance 18,000 18,000 18,000 Audio visual, phone and IT equipment for an EOC at the West Vail Fire Station Document Imaging 30,000 30,000 30,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers. Software Licensing 217,000 217,000 217,000 2018:Upgrade Microsoft products on all equipment to continue until 2019; renewal of licenses; $3K per year increase from original 5 year plan due to additional software products; 2018: Includes Virtual Desktop terminal services replacement and $75K for Asset Management software *placeholder*. Police Equipment 26,100 26,100 W 95,691 121,791 2018: Replace existing headsets, vests, and helmets for 6 SOU members ($20.5K), Upgrade mass casualty supplies in patrol cars ($5.6K); DOLA grant for License plate readers for two vehicles ($65.3K) upgraded police Intel sharing platform ($18.4K); Replacement of 40 body worn cameras ($12K) 6 July 3, 2018 - Page 113 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND New Project Requests 2018 1st 2018 2nd 2018 Budget Supplemental Amended Supplemental Amended Hardware Purchases 150,000 150,000 150,000 2018: Replacement of 50 workstations Data Center (Computer Rooms) 15,000 894,036 909,036 909,036 Re -appropriate for relocation of data center; This includes remodel / retrofit of upper and lower computer rooms (power, heating / cooling, fire suppression). Data Center equipment replacement and generator - - - 300,000 300,000 Replace data center server infrastructure; upgrade and replace emergency generator to increase capacity Website and e-commerce 12,000 12,000 12,000 Internet security & application interfaces; website maintenance; includes $550/month for web hosting svcs Fiber Optics / Cabling Systems in Buildings 62,000 62,000 62,000 2017/2018: Repair, maintain & upgrade cabling/network Infrastructure; 2018: Install fiber optics from data center to CenturyLink Network upgrades 30,000 30,000 30,000 Computer network systems - replacement cycle every 3-5 years Phone System 52,000 25,220 77,220 77,220 IPO Phone system replacement ($25.2K); normal replacement of (pads, (phones ( $20K); phone system; replacement of phones, headsets Business Systems Replacement - 308,700 308,700 30,000 338,700 Re -appropriate for $1.3K for final bills for financial statement module, $160K for sales tax software, $90K STR software; $19K for Com Dev project Docs software; $38K new bus scheduling software (approx. operating costs is $20/yr.) $30K supplemented for sales tax software due to needed enhancements Public Safety System 74,000 23,768 97,768 97,768 Annual capital maintenance of "County -wide "Computer Aided Dispatch/Records Mgmt. System"; includes patrol car and fire truck laptops and software used to push information to TOV and other agencies; Re -appropriate for Fire and police mobile data computer replacement ($24K) Extrication Equipment 100,000 100,000 100,000 To purchase updated extrication equipment that will work with newer and more advanced vehicles RHMAEC trailer (TOV's portion) 60,000 60,000 60,000 TOV's portion of a RHMAEC(Regional Hazardous Association of Eagle County)- Eagle county is putting $120K towards this vehicle. In return for TOV's higher contribution yearly RHMAEC fees will be credited. Fire engine equipment 50,000 50,000 50,000 To purchase the necessary fire engine equipment to fully equip 4th fire engine; this will allow this vehicle to be used when other engines our being repaired or in an emergency Vehicle Expansion 265,000 265,000 265,000 2018: Snow Blower ($200K), Landscape architect truck ($30K), Drug Task Force vehicle ($35K) Total Maintenance 4,169,900 2,240,222 6,410,122 425,691 6,835,813 Enhancement of Town Assets Guest Services Enhancements/Wayfinding - 647,684 647,684 647,684 Continuation of Guest Service / Wayfinding enhancements outside of VRA district Lionshead Express Bus Stop Improvements (VRA) 400,000 400,000 400,000 Improvements to Lionshead Express Bus stop to allow for West bound stop and turnaround Vail Spa Heated Walk (VRA) 250,000 250,000 250,000 Connect the Lion with Vail Spa via heated sidewalks; Energy Enhancements - 87,899 87,899 87,899 Re -appropriate to upgrade Holy Cross transformers and services for more electric charging stations Heated walkway between underpass and First chair (VRA) 281,432 281,432 281,432 Re -appropriation for heated walk between the underpass and First Chair building to be completed in conjunction with RSES parking structure Pedestrian Safety Enhancements 1,500,000 - 1,500,000 1,500,000 2018: Lighting for Main Vail roundabouts and West Vail Roundabouts (approved by council on 7/5/16); Transit Stop Improvements 475,000 475,000 175,000 650,000 2018:Transit Lane for express buses at Vail Village Transit Center; Add pedestrian improvements, bus turning improvements to West Vail Arosa bus stop in West Vail; Transfer of $175K from West Vail Sidewalk repairs as approved by Council on 5/1- See corresponding budget decrease below West Vail Roundabout 350,000 350,000 350,000 West Vail roundabout concrete replacement/repair near Marriott Streamside (currently there is exposed re -bar) Library Self -Check System Updates 20,000 18,000 38,000 38,000 Re -appropriate for Library replacement kiosk and security gate replacement Chamonix- TOV - 230,322 230,322 230,322 Chamonix contingency- TOV East Meadow Drive Snowmelt - 800,000 800,000 800,000 Re -appropriation for Snowmelt major repairs from Solaris to Austria House/Covered Bride area to be done at same time as the Slifer Square construction. This includes paver removal, snowmelt, asphalt replacements with concrete pavers; To be done in conjunction with Slifer Square Slifer Plaza/ Fountain/Storm Sewer 3,000,000 1,377,119 4,377,119 4,377,119 Repairs to Silfer Square fountain and storm sewers 7 July 3, 2018 - Page 114 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND - ---- New Project Requests 2018 1st 2018 2nd 2018 Budget Supplemental Amended Supplemental Amended - West Vail Interchange Sidewalk Repair 500,000 - 500,000 325,000 Transfer $175K to Vail transit stop improvements as approved by Council on 5/1- See corresponding budget increase above; $325K to repair sidewalk damage underneath the 1-70 bridge Neighborhood Road Reconstruction - 54,740 54,740 54,740 Re -appropriate for continuation of shared drainage project with ERWSD on Rockledge Rd/Frontage Rd Neighborhood Bridge Reconstruction 200,000 1,354,106 1,554,106 1,554,106 Re -appropriate for Bridge Road construction scheduled for 2018 Lionshead Parking Structure Landscape Renovations (VRA) 100,000 100,000 100,000 Re -appropriate for improvements to parking structure landscaping around the eastern areas of the Lionshead where trees have been lost and planting eroded by years of snow storage Colorado Ski Museum renovation - 500,000 500,000 500,000 Re -appropriate for town contribution toward expansion and remodel of Colorado Ski Museum (paid in 2018) Parking Entry System / Equipment 93,037 93,037 93,037 Re -appropriate for ongoing parking equipment maintenance; $75K for conversion of Ford Park gates to automatic ticketing system to enhance Ford Park parking management Radio Equipment replacement/expansion 600,000 260,340 860,340 860,340 Re -appropriate for additional radios for backup radios and crew expansion; related yearly County fees ($10K) included in HEF; Previously $693K budgeted in 2014 for replacement of approximately 59 radios for PW, PD and Fire. Adjusted to only include radios purchased over 12 years ago (in 2008 the town replaced a number of radios; these will not be replaced until 2018) Hybrid Bus Battery Replacement 431,772 431,772 431,772 Re -appropriate for scheduled replacement; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yet Replace Buses - 3,229,587 3,229,587 3,229,587 Re -appropriate for 7 buses ordered in 2017 scheduled for replacement and delivery in 2018 ($440.5K per bus); Public Works Shops & Maintenance Buildings 150,000 150,000 300,000 300,000 Re -appropriate for Public Works shops HVAC ($150K each in 2017 and 2018) Public Works Building Remodel 150,000 150,000 150,000 2018: $150K Design for PW building remodel Public Works Equipment Wash Down/WO Improvements 246,967 246,967 246,967 Re -appropriate for exterior wash area for large trucks not safe in the winter; also includes improvement to how the waste water is disposed Total Enhancements 7,595,000 9,863,005 17,458,005 - 17,458,005 New Assets Municipal Redevelopment 300,643 300,643 300,643 Re -appropriate for planning of possible future municipal building redevelopment evaluated as part of the Civic Center Area Master Plan ■ Red Sandstone Parking Structure (VRA) 13,718,912 978,041 14,696,953 14,696,953 Re appropriate for construction of 4 level parking structure at Red Sandstone Elementary school, with contributions from Vail Resorts ($4.3M) and Eagle County School District ($1.5M); Remainder to be reimbursed by VRA overtime VVMC / TOV Frontage Road improvements 202,229 202,229 202 229 Re -appropriate for VVMC/TOV joint project on Frontage Road; Improvements would span from LH Parking structure to Municipal building; Design funded by Traffic Impact Fee funds; Original Plan: 2020: VVMC plans for expansion; Improvements would span from LH Parking structure to Municipal building; funded by VRA ($3.6M to be repaid by VRA $100K in 2020 and $3.5M in 2021, Traffic impact fee ($3.15M), Remaining CPF & Developments ($2.25M) Chamonix Housing Development - 4,083,151 4,083,151 4,083,151 Re -appropriate for final construction of Chamonix Vail 1-70 Underpass (VRA) 492,990 492,990 492,990 Re -appropriate for final bills; 2015-2017 is the town's portion of this project since we were awarded RAMP funding from CDOT and includes the budget increase approved by both Council and CDOT East LH Circle pathway to Dobson (VRA) 93,560 93,560 93,560 Re -appropriate planning and design to Improve connection from the E LionsHead bus stop to Dobson originally scheduled in 2016; Project has been moved to unfunded pending the civic center master plan revision Dobson Plaza (VRA) - 100,000 100,000 100,000 Re -appropriate planning/design to redevelop the center plaza of Dobson for better flow of bus traffic, people traffic (concerts) originally scheduled in 2016; Project has been moved to unfunded pending the civic center master plan revision Buy -down Program(Affordable Housing) 500,000 (500,000) - - Allocate $500K for InDeed program with a transfer to 2017 Housing Fund Budget; 8 July 3, 2018 - Page 115 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND New Project Requests 2018 1st 2018 2nd 2018 Budget Supplemental Amended Supplemental Amended Underground Utility improvements - 121,128 121,128 2,066,938 2,188,066 LCommunity $50K for undergrounding electric between Glen Lyon office building and Liftside- see reimbursement above; $71 K for CDOT project; $2.1M for Big Horn Rd and Intermountain Eastern portion projects to be completed in 2018 using Enhancement Funds ($1.1M reimbursement from the Holy Cross enhacement funds) Total New Assets: 14,218,912 5,871,742 20,090,654 2,066,938 22,157,592 Total Expenditures 25,983,812 17,974,969 43,958,781 2,492,629 46,451,410 Other Financing Sources (Uses) Transfer from Vail Reinvestment Authority 2,156,000 2,046,023 4,202,023 4,202,023 2018: $1.5M Red Sandstone, $400K Lionshead Express Bus Stop, $206K Vail Spa heated sidewalk; Re -appropriate $2.0M from unused 2017 Transfer to Housing Fund (761,550) (761,550) (1,500,000) (2,261,550) $1.5M transfer to Vail InDeed Housing Fund; Fund the purchase Altair Vail unit $261.6K by Housing Fund; $500K transfer to fund the Vail InDeed program Transfer to Dispatch Fund - - - - Transfer from Dispatch for Radio Tower project (TOV portion) Revenue Over (Under) Expenditures 11,318,167 (16,640,496) (5,322,329) (1,601,122) (6,923,451) Beginning Fund Balance 5,057,591 14,327,108 19,384,700 19,384,700 Ending Fund Balance 16,375,759 14,062,372 12,461,250 9 July 3, 2018 - Page 116 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HOUSING FUND Revenue Housing Fee in Lieu (balance) Housing Fee in Lieu (2017 collections) Transfer from Capital Projects Fund (balance) Capital Projects Funding - New Total Revenue Expenditures InDEED Program Solar Vail Housing Development Buy Down Housing Total Expenditures Operating Income Beginning Fund Balance Ending Fund Balance 2018 Original 1st 2018 Supplemental Amended Supplemental Amended 2nd 2018 761,550 761,550 1,500,000 2,261,550 761,550 761,550 1,500,000 2,261,550 1,000,000 4,225,000 429,049 1,000,000 4,225,000 429,049 1,500,000 2,500,000 4,225,000 429,049 5,654,049 5,654,049 1,500,000 7,154,049 (4,892,499) (4,892,499) (4,892,499) 4,892,499 4,892,499 10 July 3, 2018 - Page 117 of 185 11 July 3, 2018 - Page 118 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX New project Requests 2018 1st 2018 2nd 2018 Budget Supplemental Amended Supplemental Amended Revenue Real Estate Transfer Tax $ 6,100,000 $ 6,100,000 $ 6,100,000 2018 is a 3% increase from 2017 budget and includes some additional from new real estate sales such as Lion Golf Course Lease 165,000 165,000 165,000 Annual lease payment from Vail Recreation District; annual increase will be based on CPI - deposited to "Recreation Enhancement Account" (accompanying expenditure listed below) Intergovernmental Revenue 20,000 215,847 235,847 235,847 2018: $30K Fishing is Fun grant for Gore Creek riparian habitat improvements; $12K grant from the Colorado Department of Agriculture for TOV noxious weed program; $39K GOCO grant for riparian plants near covered bridge and Vail Valley Drive; $135K state funding for water mitigation at PW to be received in 2018 when work is completed; $20K lottery revenue Project Reimbursements - 6,000 6,000 6,000 2018: $6K Contribution from the Nature Conservancy for Intermountain Fuels Project; Donations - 2,098 2,098 30,359 32,457 $28.4K donation from Vicki and Kent Logan Family Trust for installation of Lawrence Weiner art; $1 K donation from Varlaufer HOA for Roger Staub park maintenance access improvements included in the capital maintenance budget; $1K donation from East West Partners for Sole Power prizes; $2.1K use of Sole Power Donations Recreation Amenity Fees 10,000 10,000 10,000 Earnings on Investments and Other 49,059 49,059 49,059 0.7% rate assumed; 2018: Reimbursement from bag fee collections for Clean -Up Day and America Recycles Day. Total Revenue 6,344,059 223,945 6,568,004 30,359 6,598,363 Expenditures Maintain Town Assets Annual Park and Landscape Maintenance 1,669,395 27,000 1,696,395 1,696,395 Ongoing path, park and open space maintenance, project mgmt.; $12K grant from the Colorado Department of Agriculture for the town's noxious weed program; $15K to renew partnership with USFS for noxious weed management program Management Fee to General Fund (5%) 305,000 305,000 305,000 5% of RETT Collections - fee remitted to the General Fund for administration Tree Maintenance 65,000 65,000 65,000 Regular maintenance for tree health within the town (spraying, removing, new trees); scale spraying on town -owned property at approx. $120 per tree; Initiating tree -planting program for lost trees Forest Health Management 277,248 277,248 277,248 Operating budget for Wildland Fire crew Forest Health VHF Radios 31,863 31,863 31,863 2018: 13 VHF radios for Wildland crew ($2,450/each) for incidents outside of Eagle County; Will enable communication with other agencies using this technology such as Summit County 11 July 3, 2018 - Page 118 of 185 12 July 3, 2018 - Page 119 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX New project Requests 2018 1st 2018 2nd 2018 Budget Supplemental Amended Supplemental Amended Intermountain Fuels Reduction 5,000 69,328 74,328 74,328 Re -appropriate 2017 to complete Intermountain Fuels Project $63.3K and reflect Nature Conservancy contribution $6K- See corresponding reimbursement above; 2018: Phase 111 ($5K); 2017 included $677.7K for Phase 11 and contributions from Eagle County($20K) and Nature Conservancy ($36K);2016 included $63.7K for Phase! Street Furniture Replacement 25,000 25,000 25,000 Annual replacement or capital repairs, benches, recycling and bike racks Rec. Path Capital Maint 110,986 110,986 110,986 Capital maintenance of the town's recreation path system Park / Playground Capital Maintenance 160,076 75,000 235,076 235,076 2018: Transfer $75K from Stephen's park for park safety improvements; Annual maintenance items include projects such as playground surface refurbishing, replacing bear - proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance; 2018 also includes $54K increase for improvements to access into Roger Staub Park Alpine Garden Support 69,700 69,700 69,700 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increase Alpine Garden -Fountains 19,000 19,433 38,433 38433 , Re -appropriate 2017 Council Contribution to complete repairs to BFAG water features - original contribution $30K Eagle River Watershed Support 45,450 45,450 45,450 Annual support of the Eagle River Watershed Council programs Public Art - Operating 111,201 - 111,201 111,201 Art in Public Places programming Environmental Sustainability 489,465 43,098 532,563 7,000 539,563 $1 K for Sole Power awards and prizes- see corresponding donation above from East West Partners; $6K for two new E -bikes for Town of Vail employee program; Environmental EMS system $34K ($12K re -appropriate from 2017, $22K new funding), $2K Local Climate Resolution approved 12/5, $5K Annual Rocky Mountain Climate Membership; $2.1 K for Sole Power awards and prizes- See corresponding reimbursement above: Environmental Sustainability programs Total Maintenance 3,384,384 233,859 3,618,243 7,000 3,625,243 Enhancement of Town Assets Gore Valley Trail Reconstruction Conoco to Donovan 450,000 450,000 450,000 Gore Valley Trail Reconstruction between Conoco and Donovan Pavilion Glen Lyon Rec. Path Reconstruction - _ Reconstruction of Glen Lyon Rec Path to be completed with the construction of the 1-70 underpass ($150K) North Recreation Path- Sun Vail to Pedestrian Bridge 125,000 110,000 235,000 235,000 $110K requested for the North Recreation Bike Path reconstruction on North Frontage road between Sun Vail and the pedestrian Bridge estimated at $235K to coincide with Red Sandstone parking garage project Chalet Road Sport Courts - 38,463 38,463 38,463 Re -appropriate to install acoustic barriers to minimize noise Soft Surface Trails 100,000 68,109 168,109 168,109 Re -appropriate for trail enhancements pending Open Lands discussion Vail Transit Center Landscape 125,000 125,000 125,000 Landscaping at Vail Transit Center to coincide with construction of additional bus lane at Vail TRC Streamtract Education/Mitigation - 103,061 103,061 103,061 Re -appropriate for water quality and streamtract education, outreach, signage and marketing; water quality personnel 12 July 3, 2018 - Page 119 of 185 13 July 3, 2018 - Page 120 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX New project Requests 2018 1st 2018 2nd 2018 Budget Supplemental Amended Supplemental Amended Water Quality Infrastructure 1,050,000 1,462,181 2,512,181 2,512,181 Re -appropriation of 2017 funds to continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore" Streambank Mitigation 350,000 550,458 900,458 900,458 2018: $30K Fishing is Fun grant for Gore Creek riparian habitat improvements; $38,847 Great Outdoors grant for riparian plants near covered bridge and Vail Valley Drive; Re - appropriate Riparian Site specific construction projects for Water Quality Strategic Action Plan East Vail Water Quality TAPS - 1,125,111 1,125,111 1,125,111 Re -appropriate for East Vail Water Quality Improvements; Rollover Includes CDOT TAP grant funding of $700K in 2017 East Vail Interchange Improvements 500,000 923,960 1,423,960 1,423,960 Re -appropriate for landscaping design and construction of the interchange Dowd Junction repairs and improvements 1,800,000 338,515 2,138,515 2,138,515 Continuation for re -stabilization of Dowd Junction path; Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sand (ERWSC)- scheduled for Fall 2018 Stephens Park Safety Improvements 225,000 (75,000) 150,000 150,000 2018: Transfer $75K to Capital Park Maintenance to address urgent park safety needs in a variety of playgrounds; Access improvements to include extended sidewalk, new stairs and other site improvements; playground was built in 1990's Bighorn Park Improvements - 13,208 13,208 13,208 2018: Re -appropriate for drainage repairs and improvements near pavilion $13.2K Ford Park Portal Improvements - 23,868 23,868 23,868 Re -appropriate for final portal feature Ford Park Playground/Lower Bench Improvements -- - Budget dollars allocated to Booth Creek Park project Open Space Land Acquisition - 150,000 150,000 150,000 Acquisition of East Moran streamtract parcel Booth Creek Park - 40,000 40,000 40,000 2018: Re -appropriate $40K to modify foot traffic pattern in park Public Art - General program / art 85,000 533,226 618,226 646,585 $28.4K donation to be used for installation costs for Lawrence Weiner art; To purchase sculptures, artwork, art programs and events; remainder is re -appropriated each year to accumulate enough funds. Also includes 2017 sales from manhole covers Public Art - Winterfest - 352 352 352 Carry over balance from 2017 for final 2017/2018 Winterfest bills ($352). Seibert Memorial Statue - 150,000 150,000 150,000 Placeholder for Pete Seibert Memorial statue- contigent upon remaiing funds to be raised during 2018 budget year Total Enhancements 4,960,000 5,810,135 10,770,135 28,359 10,798,494 VRD-Managed Facility Projects Recreation Enhancement Account 165,000 140,094 305,094 305,094 Annual rent paid by Vail Recreation District; to be re -invested in asset maintenance; Golf Course - Other 384,769 622,372 1,007,141 1,007,141 Re -appropriate from 2017 for design and planning to replace bridges at holes 13 & 14 ($50K), replace stone veneer with timber railings ($16.4K),rebuild irrigation pumps ($13.1K); $400K for storage building; asphalt driving and parking area; 2018: Replacement of bridges at holes 14&15 ($370.7K), replace radiant tube heaters ($11.3K), pump house exterior ($2.8K); Dobson Ice Arena 68,206 403,105 471,311 471,311 Re -appropriate from 2017 to complete pavers and concrete slab replacement ($54K)remodel rink bathrooms and changing rooms ($131.1K), rock wall repair ($10.5K), clean wood structure ($38.2K), replace pumps ($45.9K), redesign and rebuild electrical room ($120.2K); 2018: Replace windows and heat pumps ($68K) 13 July 3, 2018 - Page 120 of 185 14 July 3, 2018 - Page 121 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX New project Requests 2018 1st 2018 2nd 2018 Budget Supplemental Amended Supplemental Amended Ford Park / Tennis Center Improvements 61,256 96,675 157,931 157,931 Re -appropriate from 2017 to complete replace gutters ($9.3K), remodel bathrooms ($31K), replace lockers ($13.1K), furnace ($13.7K), hot water tank ($7.6K), and base board heaters ($18.6K); 2018: Stain wood siding of concessions ($5.6K) and restrooms ($5.6K), $50K for restroom remodel Athletic Fields 6,078 29,445 35,523 35,523 Re -appropriate from 2017 to paint wood structure and exterior trim ($8K), rooftop replacement for restrooms and athletic field ($21.3K); 2018: Seal coat and crack fill in parking lot ($6K) Gymnastics Center - 52,089 52,089 52,089 Re -appropriate to install a new cooling system ($52.1) Nature Center - 87,240 87,240 95,500 182,740 Temporary Nature Center structure ($95.5K); Re -appropriate to complete research on historical preservation and design ($17.8K); Exterior windows, doors, wood siding and slope roof ($69.8K) Total VRD-Managed Facility Projects 685,309 1,431,020 2,116,329 95,500 2,211,829 New Assets Golf Clubhouse & Nordic Center - 118,729 118,729 91,200 118,729 Completion of clubhouse renovation; Total clubhouse cost included $1.165M reimbursement from VRD, allocation of Recreation Enhancement Funds $765,440, Conference Center funds of $3.8M, current RETT funds of $538,189 (Total project cost estimated at $13.8M, which includes previously spent RETT funds of $705,571 from 2012 & 2013) Ford Park Improvements & Fields 55,000 116,420 171,420 262,620 Move forward Ford Park East end special events power originally included in 2019 budget ($91.2K); Re -appropriate for softball field shelter currently undergoing re-evaluation $116.4K ; 2018: Ford Park Soccer Field ADA Route ($55K) Total New Assets: 55,000 235,149 290,149 91,200 381,349 Total Expenditures 9,084,693 7,710,163 16,794,856 222,059 17,016,915 Revenue Over (Under) Expenditures (2,740,634) 7,432,592 (10,226,852) (191,700) (10,418,552) Beginning Fund Balance 3,710,322 7,440,716 11,142,913 11,142,913 Ending Fund Balance $ 969,688 $ 916,061 $ 724,361 14 July 3, 2018 - Page 121 of 185 TOWN OF VAIL 2018 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 2018 1st 2018 2nd 2018 Budget Supplemental Amended Supplemental Amended Revenue E911 Board Revenue $ 762,176 Interagency Charges 1,279,892 Other County Revenues - Town of Vail Interagency Charge 659,608 Earnings on Investments 6,050 Project Reimbursement - 364,000 $ 762,176 1,279,892 659,608 6,050 364,000 4,981 $ 762,176 1,279,892 4,981 659,608 6,050 364,000 Total Revenue 2,707,726 364,000 3,071,726 4,981 3,076,707 Expenditures Salaries & Benefits 2,149,392 Operating, Maintenance & Contracts 510,569 Capital Outlay 119,500 550,000 2,149,392 510,569 669,500 4,981 2,154,373 510,569 669,500 Total Expenditures 2,779,461 550,000 3,329,461 4,981 3,334,442 Revenue Over (Under) Expenditures (71,735) (186,000) (257,735) (257,735) Beginning Fund Balance 864,239 274,625 1,138,864 (186,000) 1,138,864 Ending Fund Balance $ 792,503 $ 881,129 $ 881,129 15 July 3, 2018 - Page 122 of 185 TOWN OF VAIL 2018 SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE TIMBER RIDGE FUND Revenue Rental Income Other Income Total Revenue Expenditures Operating, Maintenance & Contracts Capital Outlay Total Expenditures 2018 2nd 2018 Budget Supplemental Amended 1,471,442 1,471,442 23,487 23,487 1,494,929 1,494,929 539,545 8,000 547,545 280,701 280,701 820,246 8,000 828,246 Operating Income 674,683 Non-operating Revenues (Expenses) Interest on Investments Loan Principal Repayment to Capital Projects Fund Interest Payment to Capital Projects Fund (8,000) 666,683 1,866 (367,196) (122,223) 1,866 (367,196) (122,223) (487,553) (487,553) Revenue Over (Under) Expenditures 187,130 (8,000) 179,130 Beginning Fund Balance 1,088,256 1,030,675 Ending Fund Balance $ 1,275,386 $ 1,209,805 16 July 3, 2018 - Page 123 of 185 ORDINANCE NO. 11 SERIES OF 2018 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, HOUSING FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH SERVICES FUND, AND TIMBER RIDGE FUND OF THE 2018 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2018 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 14, Series of 2017, adopting the 2018 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2018 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund Capital Projects Fund Housing Fund Real Estate Transfer Tax Fund Timber Ridge Fund Dispatch Services Fund Total $ 611,202 3,992,629 1,500,000 222,059 8,000 4,981 $ 6,338,871 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or Ordinance No. 11, Series of 2018 July 3, 2018 - Page 124 of 185 more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of June, 2018, and a public hearing shall be held on this Ordinance on the 3rd day of July, 2018, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd day of July 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series of 2018 July 3, 2018 - Page 125 of 185 Name of Organization : Eagle Vail Metro District / Vail Recreation District First Name of Contact Person : Eagle Vail: Steve VRD: Joel Last Name of Contact Person : Eagle Vail: Barber 970-949-5686 VRD:Rabinowitz 970-479-2280 E-mail Address : jrabinowitz@vailrec.com Mailing Address : Eagle Vail PO Box 5660 / VRD 700 S Frontage RD E City : Avon / Vail State : US -00 Zip : 81620 / 81657 Telephone Number : 9495686 Members and Titles of your Governing Board : Eagle Vail: Chuck Toms -Chairman Kim Bell Williams- Secretary Jane Ross- Vice Chair David Warner - Treasurer VRD: Tom Saalfeld (Board Chair) Bill Suarez (Secretary) Roland Kjesbo (Treasurer) Kevin Foley Kim Newbury rRediker Organization Mission Statement : EagleVail Metropolitan District Mission Statement: EVMD is a quasi -municipal government, and unincorporated town, governed by a Board comprised of five Directors elected by the homeowners and residents of EagleVail. The Vail Recreation District's (VRD) mission is to offer diverse and exceptional recreation opportunities that enhance the physical, social and emotional well-being of all its residents and guests. The VRD aims to help Vail Valley residents and visitors pursue their recreational passions by providing the following: •Outlets for competition in summer and winter via a running and a mountain bike race series, and numerous tournaments and/or leagues for hockey, volleyball, lacrosse, softball, golf, tennis, soccer, flag football, broomball, figure skating and rugby. •Venues like Dobson Ice Arena, Vail Golf Club, Vail Nordic Center, Vail Gymnastics Center, Vail Nature Center, Vail Skatepark, Vail Tennis Center, Community Programming Room, Vail's Imagination Station, and use of additional gyms, playing fields and the surrounding White River National Forest via collaboration with local entities. •Sports classes and camps for youth, adults and families. •Opportunities to learn about and appreciate our Rocky Mountain environment through guided activities, classes and camps Organization fiscal year-end: : 2018-12-31 Are your books audited? : Yes Type of Funding Requested : Cash Funding Only Amount of Contribution Requested : $4,000 Why was this not part of the annual contribution request process for 2018 (Due June 30th)? : This is a recent request from Eagle Vail, as their field gets heavily used by tournaments that the TOV funds through CSE, due to the tournaments growth in size and the lack of fields in the Town Of Vail, these tournament put considerable stress on the turf especially the Lacrosse Tournaments. How will the contribution be used? : Up to a maximum of $4000wiII be used to refurbish the fields post tournament use. The fields will be aerified, topdressed, fertilized and sodded in goal creases as necessary. This will ensure a quality product that tournament directors expect year in and year out. How does your request support item 1C of the Contribution Policy (See above) : Events have become a vital part of enhancing Town of Vail's sales tax revenue. These events fill hotels, restaurants and shops and help to make summer in the Town of Vail very vibrant. The Town does not have the necessary infrastructure field wise to host these growing tournaments in their entirety, and Eagle Vail is a viable and great option due to its location, lack of hotels , and very limited shopping and dining options. Eagle Vail has been a great partner for years but will not be able to July 3, 2018 - Page 126 of 185 sustain a quality filed product with out the support of the Town of Vail. Without support they will likely shut down the fields to outside entities. July 3, 2018 - Page 127 of 185 0 COX -2Z 0>> ZOIM<q 000 Dgcn_ m0O cnm-iz D crux G} c0R0 zmm Zrn-lra m CO -4 0 C 00> mmO mm0 mmO 7373z> 00 MM -103 > m w opc OCF r crop oma mZcn r p V V D Z O OCVAO<D DmmOOmm z-iDlVnOOw pC 0oxz�Z m -n.9) �mz VAIL RECREATION DISTRICT COMBINED BALANCE SHEET December 31, 2017 and January 31, 2018 r p¢°pDrn 0 om0 mm>- -I x� 0°mpxmcnw X CO z O •-.-1 0 -mi r Dmm cmcol CX1,7,Z > 0=1717C--W-IWHcncnmmD �' -mI D DVD m..{m 0 > K� nMmo O m -ml y Iti 7 oco T -i :-4 m D p 00 Z q N c Z C m O O m Co 0 N N xi to m m 0 m 71 z r m 0'DO 0 -i > r m 0 C m cn Z 7 0 < 7,566,489 836,386 556,628 5,560,366 14,519,869 507,383 4,757,539 5,264,922 120,608 278,913 399,521 1,700,000 - 1,700,000' 1,496,672 50,922 1,547,594 3,317,280 329,835 507,383 4,757,539 8,912,036 133,257 200,779 334,035 4,107,551 285,125 4,392,676 8,402 20,647 29,049 49,245 30,589 79,834 17,238 17,238 755,000 755,000 4,249,210 506,551 49,245 802,827 5,607,833 7,566,489 836,386 556,628 5,560,366 14,519,869 3,383,142 11,565 3,394,707 296,656 296,656 76,173 11,214 87,386 4,107,551 285,125 4,392,676 200,064 31,385 231,449 (200,494) 200,494 0 54 (54) 0 559,718 11,390,689 11,950,407 820,463 1,547,845 2,368,308 (823,553) (7,378,168) (8,201,721) 12/31 Enter- Gene! General prise Fixed A: Fund Fund & LT O> I 7,269,878 565,484 556,628 5,560,366 13,952,356 507,383 4,757,539 5,264,922 155,882 278,913 434,795 1,370,000 - 1,370,000 1,580,851 (32,647) 1,548,203 3,106,733 246,266 507,383 4,757,539 8,617,921 54,877 13,801 68,678 4,107,551 285,125 4,392,676 717 20,292 21,009 49,245 30,589 79,834 17,238 17,238 755,000 755,000 4,163,145 319,219 49,245 802,827 5,334,436 ,269,878 565,484 556,628 5,560,366 13,952,3561 2,874,643 11,565 2,886,208 296,974 296,974 55,728 9,738 65,466 4,107,551 285,125 4,392,676 172,859 21,178 194,038 59,042 (59,042) 0 54 (54) 0 559,718 11,390,689 11,950,407 820,463 1,547,845 2,368,308 (823,553) (7,378,168) (8,201,721) O :neral Ent. Fund I Assets Fixed Assets LTD & LTD Total W 03 July 3, 2018 - Page 128 of 181 ONV1V9 ONfld ONION3 9 0N01 ONINNIO39 r o m a ZCD-4 zr0 zzxtzn - { O p > Z CCN DOy r m O TO 0 co m co S3SN3dX3 1VJJdVO 13 301AU3S 1930 CHANGE IN FUND BAL BEFORE DS & CAP S3SN3dX3 1V101 0 0 -4 00zz00 -n -o> Orocom0rr07>33007m0m Cf) Z C3zxr T.r_"Z> TOinyOnmtaW_igc1-1-' Z w mOOZ coZ rm czi m htfl��Zfn �t�tiD a -IX a rX DOmm13 Dz-° m O zzz m0 mC ycl czn AGOG mn�zq r• r- m > K yxi 33 K z a O 3 0 m m c m m O zi -I z C 0 CMA c30-+Ozzac)0)0-06 rOOZmOa0a0 <• 0miiMo- 3 TmZTaC,z�m'o— mzwOC�mzaniuZzZ i rm• m 33 moz m O a0t > > �mO • mm z -1 0 1-m N cn mz a m —1 <0 m z Cm mm ww S003 AO 13N MOH 13f10NV9 / CO 0) A V -+ A 3,493,562 co CO -) V N A i 0) N CO V V m V ) N V N A rn 0 N 0 V 0) A 6) CO N 0 W co -.. co V Nr. A N 01 j ry N co A W A W CO CO CO 0) 01 W 0) 0 0) W A 0 0 A V V 41 N CO CO N W 0 W 0A (0-.W 0010 --CO 0)C0 V CO A CO CO V N C0 0) A CO CO N 0 00-0-40 W A N A CO W V 0) V w IV co V W N A -+ j N 0) 0 V A 0) 0 0) V A W A 0 00 W CO 0) N A N N CO 0 O "CO AAA W 010) A 141 -CO V -4 -P. A 0 V W- A(0 0 0 0) 0 01 W A 0) V 0) W W 2017 Prelim Actual 2,678,114 2,321,586 356,528 3,647,114 3,303,131 343,983 (273,838) (273,838) - (2,558,130) (2,558,130) - • (150,000) (150,000) - (2,708,130) (2,708,130) - (6,669,937) (6,682,482) 12,545 2,012,967 2,000,422 12,545 (782,932) (776,303) (6,629) (271,611) (271,611) - (240,573) (240,902) 328 (141,339) (140,978) (361) (569,720) (569,918) 198 (283,502) (283,769) 267 (541,426) (541,426) - (66,759) (66,779) 20 (502,060) (500,968) (1,091) (716,987) (716,395) (592) (897,384) (897,421) 37 (136,326) (135,441) (885) (837,263) (846,809) 9,546 (682,054) (693,762) 11,708 4,289,046 4,289,046 - 51,045 51,045 - 418,896 418,896 - 210,085 210,085 - 395,573 395,573 - 14,750 14,750 - 565,000 565,000 - 1,344,405 1,344,405 - 68,750 68,750 - 725,608 725,608 - 599,747 599,747 - 8,682,904 8,682,904 - 2018 Variance 2018 Adopted Favorable Forecast Budget (Unfavor) 3,352,999 2,953,692 399,307 3,647,114 3,303,131 343,983 A CO 0 A CO O ) (0 1 CO 0 A) C0 0 ) (579,315) (627,387) 48,071 (293,626) (349,440) 55,813 (184,160) (180,418) (3,742) (15,471) (15,811) 340 (13,318) (13,946) 629 (15,689) (16,167) 478 (30,774) (33,449) 2,675 (18,044) (20,951) 2,906 (31,633) (33,666) 2,033 (465) (274) (191) (73,395) (100,456) 27,061 (27,512) (27,172) (341) (43,942) (50,942) 7,001 (5,816) (4,075) (1,741) (75,136) (75,854) 717 (43,961) (54,205) 10,245 2,975 950 2,025 16,616 13,711 2,905 6,713 21,871 (15,158) 13,353 17,975 (4,622) 133,063 176,300 (43,237) - 122 (122) 2,303 1,356 947 100,028 29,349 70,679 10,639 16,312 (5,674) 285,689 277,947 7,742 1 Month 1 Month Ended Ended Variance 01/31/18 01/31/18 Favorable Actual Budget (Unfavor) a- Dr- f3m m0 czim A O <o oz(7,i 03 • n 00 cm m Tz o: zc iC m my m o 00 cn m> z O om N ai- z M m G C z DW 0 m m July 3, 2018 - Page 129 of 18 VAIL RECREATION DISTRICT STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ACTUAL, BUDGET AND FORECAST FOR THE PERIODS INDICATED COMBINED REVENUES PROPERTY AND OTHER TAXES, NET OF FEES OTHER NON -DEPARTMENTALIZED REVENUES SPORTS GYMNASTICS COMMUNITY PROGRAMMING NATURE CENTER NORDIC CENTER GOLF COURSE TENNIS & PICKLEBALL DOBSON GOLF F&B / BANQUET ROOM, NET OF COGS TOTAL REVENUES OPERATING EXPENSES ADMINISTRATION PUBLIC RELATIONS/MARKETING PARK MAINTENANCE FACILITIES MAINTENANCE SPORTS GYMNASTICS COMMUNITY PROGRAMMING NATURE CENTER NORDIC CENTER GOLF OPERATIONS GOLF MAINTENANCE TENNIS & PICKLEBALL DOBSON GOLF F&B / BANQUET ROOM TOTAL EXPENSES CHANGE IN FUND BAL BEFORE DS & CAP DEBT SERVICE CHilifilibilii112 gilaiiiiiiE CAP DONATIONS, LOANS, & SALE OF ASSETS CAPITAL EXPENDITURES LESS UNFUNDED CAPITAL PROJECTS CONTINGENCY TOTAL NET CAPITAL EXPENSES CHANGE IN FUND BALANCE BEGINNING FUND BALANCES ENDING FUND BALANCES 2017 Prelim Actual 2018 Adopted Budget 3,149,823 4,289,046 128,197 51,045 412,315 418,896 188,477 210,085 397,965 395,573 16,374 14,750 255,303 565,000 1,341,906 1,344,405 80,186 68,750 739,875 725,608 554,016 599,747 7,264,438 8,682,904 (801,172) (776,303) (258,816) (271,611) (220,196) (240,902) (139,786) (140,978) (533,064) (569,918) (254,263) (283,769) (487,468) (541,426) (67,628) (66,779) (310,420) (500,968) (731,110) (716,395) (839,350) (897,421) (138,232) (135,441) (814,882) (846,809) (649,300) (693,762) (6,245,686) (6,682,482) 1,018,752 2,000,422 (276,175) (273,838) 742,577 1,726,584 (587,724) (2,558,130) - (150,000) (587,724) (2,708,130) 154,85 (981,545) 3,493,562 3,303,131 3,648,416 2,321,586 No assurance is provided on these financial statements; substantially all disclosures required by GAAP omitted. July 3, 2018 - Page 130 of 185 Name of Organization : Vail Dance Festival / Vail Valley Foundation First Name of Contact Person : Martha Last Name of Contact Person : Brassel E-mail Address : mbrassel@vvf.org Mailing Address : PO Box 6550 City : Avon State : US -00 Zip : 81631 Telephone Number : 9707772015 Members and Titles of your Governing Board : Andy Arnold John Arnold Hans Berglund Judy Berkowitz Sam Bronfman Susan Campbell Steve Coyer Andy Daly Ron Davis Matt Donovan Bill Esrey Johannes Faessler Tim Finchem Steve Friedman John Garnsey Margie Gart Donna Giordano Sheika Gramshammer Martha Head Michael Herman Beth Howard Al Hubbard B.J. Hybl Mike Imhof Chris Jarnot George Johnson Alexia Jurschak Mark Kogan Doug Lovell Sarah Millett Ellen Moritz Kaia Moritz Bobby Patton Michael Price Eric Resnick Douglas Rippeto Dick Rothkopf Ken Schanzer Mike Shannon Stanley Shuman Rod Slifer Ann Smead Hap Stein Kristin Tang Fred Tresca Stewart Turley Betsy Wiegers Gary Woodworth Directors Emeritus Adam Aron Marlene Boll Bjorn Erik Borgen Berry Craddock Harry Frampton, Chairman Emeritus John Galvin George Gillett Pepi Gramshammer Steve Haber William Hybl Elaine Kelton Kent Logan Peter May Oscar Tang Organization Mission Statement : The Vail Dance Festival is a project of the Vail Valley Foundation (VVF), a nonprofit organization committed to enhancing and sustaining the quality of life in our rural, mountain resort community through arts, athletics, and education. Since 1981, we have both hosted and inspired world-class events in our valley through the Vilar Performing Arts Center, GoPro Mountain Games, and World Cup Ski Racing. But more importantly, VVF has interwoven educational opportunities into every song, dance, race and run. For generations, VVF has connected our valley to the world, and the world to our valley, most notably through the inventive golden thread of the Vail Dance Festival. Organization fiscal year-end: : 2018-05-31 Are your books audited? : Yes Type of Funding Requested : Cash Funding Only Amount of Contribution Requested : $5,800 Why was this not part of the annual contribution request process for 2018 (Due June 30th)? : From July 28 to August 11, the Vail Dance Festival will celebrate its 30th year. https://www. nyti mes.com/2018/02/02/arts/dance/vail-dance-fest-to-celebrate-its-30th- anniversary.html. The festival has put innovative artists like Claudia Schreier and Lil Buck on the map, while also providing important next steps for artists from across the spectrum of dance and music. With nearly 23,000 attendees in 2017, the Festival has worked especially hard to provide a platform for the creation of new works, the exploration of cross -genre collaborations, and to make Vail the epicenter of the dance world. In an effort to reach a broader audience, bring a deeper understanding of the creative process and influence Vail has had on 21st Century dance, VDF piloted mini-podcasts, called Conversations on Dance, last year. Since 2017 festival, these episodes recorded in Vail have racked up nearly 120,000 listens to date, allowing enthusiasts the chance to enjoy the festival and its artists long after it had ended. Due to the surprise success of this initial project, we decided in March to fully launch these Festival Forums as an auxillary component of the July 3, 2018 - Page 131 of 185 Festival this summer, and we are requesting Town of Vail's mid-term support for this new expansion. Understanding that we are requesting this funding outside the normal funding period we appreciate your consideration for this funding request. How will the contribution be used? : Online with exposure to an international audience, these dialogues will focus on the legacy elements of the Vail Dance Festival as it celebrates three decades in Vail, while also providing a space for choreographers and artists to explore their creative process, debuts, collaboration, and relationships with and within the Festival. The incredible line-up is as follows: • On Tuesday, July 31 from 6 a.m. to 7 p.m., the Forum dials into the "Collaborative Spirit in Vail" with a conversation uniting choreographer Justin Peck and composer Caroline Shaw to explore the possibilities of such collaboration, from the first moments of mutual inspiration to bringing the premiere to the stage. • On Thursday, August 2 from 9:30 to 10:30 a.m., Francesca Hayward and Marcelino Sambe, dancers with the Royal Ballet, answer the question, "What's Special About Vail?" This conversation will dive into the unique allure and feeling of the Vail Dance Festival, what separates it from other work outside the Royal Ballet, the intercompany and interdisciplinary collaborative spirit present at Vail, and how this experience enriches their work back at home. • On Friday, August 3 from 9:30 to 10:30 a.m., a panel of esteemed guests will celebrate the centennial of Merce Cunningham, one of the greatest and most influential choreographers of the 20th century. Dancers of his works from past and present along with relevant scholars will explore Cunningham's work methods, his collaborations with artists like John Cage and Robert Rauschenberg, and his broad influence in the avant-garde, in dance and beyond. • On Saturday, August 4 from 9:30 to 10:30 a.m. Roman Mejia will share about the pressures of being thrust into the spotlight so soon into his career, how he prepares for these challenges, and how coming from a ballet family has prepared him in his career. Roman Mejia is one of the newest members of the New York City Ballet, having burst onto the scene at the Vail Dance Festival fresh out of the School of American Ballet. In just his first year at the company, he's garnered critical acclaim for numerous solo roles, and is quickly gathering momentum as a dancer to be seen. • On Sunday, August 5 from 9:30 to 10:30 a.m., the director of Ballet Hispanico, Eduardo Vilaro, will join Claudia Schreir in conversation about the choreographic process, building a positive relationship between choreographers and companies, and how VDF nurtures these artistic offerings. • On Monday, August 6 from 9:30 to 10:30 a.m., Tiler Peck will discuss what spurred her artistic choice and how her life's influences, from her time on broadway, to her work with a wide range of choreographers, to her oft-noted exquisite sense of musicality, come together to impact her first work as choreographer. This mid-year contribution would directly support Festival Forum costs including hosts' stipends, travel, lodging, and stipend along with marketing-related expenses and rental fees for Manor Lodge Vail. Hosts Rebecca King Ferraro and Michael Sean Breeden bring a high-level of experience and expertise to both the Festival and these in-depth, inspirational, and thought-provoking conversations. Rebecca King Ferraro has worked with many of today's most sought-after choreographers including Justin Peck, Alexei Ratmansky, Liam Scarlett, and Christopher Wheeldon. She has danced in the majority of MCB's Balanchine repertoire, as well as classical full-length ballets and contemporary works. From 2010-2016, she served as a Company Representative on behalf of the dancers, a role similar to a union representative. In 2010, she founded a dance blog, TendusUnderAPalmTree.com, which has enabled her to reach out to dancers and audience members from around the globe. King is currently a member of the guest faculty of The Dance Academy of Stuart in Stuart, FL. Ferraro is joined by co- host Michael Sean Breeden, who joined Miami City Ballet as an apprentice in 2006 and was promoted to the corps de ballet in 2008. Since joining the company, he has performed in the works of George Balanchine, Jerome Robbins, Frederick Ashton, Antony Tudor, Twyla Tharp, Paul Taylor, Alexei Ratmansky and Liam Scarlett. Mr. Breeden has joined Miami City Ballet on acclaimed tours to New York City, Los Angeles, Chicago, and Paris. Since January 2014, Michael has given interactive pre-performance talks for the Miami City Ballet that broadens the audience's knowledge of the ballets programmed and allows them to directly question the artists involved. Michael has also danced for Boston Ballet, Pennsylvania Ballet, Oregon Ballet Theatre and Suzanne Farrell Ballet. Mr. Breeden most recently worked as Ballet Master for Troy Schumacher's, BalletCollective. The Vail Dance Festival will utilize two forms of evaluation to measure the impact of the Festival Forums. July 3, 2018 - Page 132 of 185 The first is traditional market research through a third party research company, Intercept Insight, LLC. The goal is to better understand attendee details, intent to return, quantify recommendations, evaluate event performance, estimate attendee spending habits, estimate revenue generation, obtain demographical and geographical data, determine economic impact and related indicators. This year we will also develop more summative impact evaluation through participatory evaluations and key artist interviews, in order to strategically grow and strengthen our outreach and program deliveries. This will include a Ripple Effect Mapping (REM) activity with community stakeholders, VDF artists, and all participants. Over the last 30 years, dozens of dancers, choreographers, and musicians have launched from the festival stage. This strategy will help us better understand the effect of the VDF on our wider community as well as dancers, choreographers, musicians, and students. We welcome participation in this activity from the Vail Town Council. How does your request support item 1C of the Contribution Policy (See above) : The Town of Vail intertwines within all the Festival Forums as the birth-place and vital center of our world-renown festival; our 30th anniversary is shared with Vail. The interactive events will take place at Manor Vail Lodge, and will be open to the public (https://vaildance.org/festival-forums/) thus embracing the Town' goal to provide recreational, cultural and educational opportunities. Moreover, this special component of VDF provides an innovative online connection with future visitors. Last year, 63 percent of our website visitors were new, including engagements from more than 10 countries. This opportunity compliments our ongoing contribution to the Town of Vail's "future health": last year, our in-person attendance was 22,768, a 40 percent increase since 2011. Independent surveys on destination visitation last year revealed that 92% of attendees came to Vail specifically for the festival. July 3, 2018 - Page 133 of 185 VAI L DANCE FEsr,�A_ 43 - Dance Budget 2018 6/1/17 5/31/18 REVENUES Development 4200 Cornerstone $80,000.00 4240 Vail Valley Member $24,000.00 4245 Community Member $0.00 4250 Supporting Member $5,500.00 4255 Contributing Member $4,000.00 4275 Board Donor $0.00 4277 Underwriters - Social Events $15,000.00 4280 Presenting Circle $180,000.00 4281 Underwriter's Circle $307,055.00 4282 Platinum $72,000.00 4283 Gold Dress Circle $111,000.00 4284 Silver Dress Circle $37,500.00 4285 Grassroots Donor $3,500.00 4286 Diamond Dress Circle $145,171.00 4825 Fan Club $35,000.00 Total Development $1,019,726.00 Sponsorship 4315 Gold Sponsor 4320 Silver Sponsor 4330 Community Sponsor 4335 Official Supplier Sponsor Total Sponsorship $100,000.00 $30,000.00 $25,000.00 $10,000.00 $165,000.00 Government 4340 Government Support $98,962.00 Total Government $98,962.00 July 3, 2018 - Page 134 of 185 IDANCE I FESTIVAL Ticketing 4400 Ticket Sales 4403 Ticket Sales-Misc. 4404 Box Office Fees Total Ticketing Budget 2018 6/1/17 5/31/18 $663,000.00 $0.00 $24,500.00 $687,500.00 Other 4440 Merchandise Sales $15,500.00 4450 Concessions $0.00 4470 Fundraising Event $30,000.00 4480 Miscellaneous Income $5,500.00 4600 Grants $111,327.00 Total Other $162,327.00 Trades 4905 Traded Goods 4910 Traded Lodging 4915 Traded Marketing Total Trades $2,520.00 $19,012.00 $0.00 $21,532.00 TOTAL REVENUES $2,155,047.00 July 3, 2018 - Page 135 of 185 VAIL DANCE Esr� F Budget 2018 6/1/17 5/31/18 EXPENSES Production - Direct 5135 Contract Labor $415,098.00 5205 Equipment Rental $5,500.00 5210 Facility $7,711.00 5237 Green Room $0.00 5380 Labor - Production $10,000.00 5405 Lodging $131,136.00 5480 Media - Video $0.00 5525 Non -Social Food $44,000.00 5530 Per Diem $5,000.00 5563 Production - Equipment Renta $0.00 5565 Production - Costs $107,820.00 5730 Ticketing $33,000.00 5740 Transportation/ Travel $125,450.00 Total Production - Direct $884,715.00 Production - Indirect 5080 Banners $2,700.00 5260 Insurance $5,500.00 5505 Merchandise $8,000.00 5535 Permits $350.00 5605 Rent $19,200.00 5645 Signs $500.00 Total Production - Indirect $36,250.00 G&A 5060 Bad Debt $0.00 5065 Bank Charges/CC Fees $8,300.00 July 3, 2018 - Page 136 of 185 IFESTIVAL DANCE I 5175 Dues & Subscriptions 5200 Entertainment 5235 Gifts 5265 Internet 5400 Legal 5410 Mail - Bulk/Direct 5415 Mail - Postage/Shipping 5495 Membership/Development Ex 5685 Software 5700 Supplies 5720 Cell Phone 5735 Training Total G&A Labor 5315 5350 5349 5375 Marketing 5105 5420 5425 5427 5428 5435 5440 5445 5446 5455 5460 5465 Work Comp Insurance VDF Labor Labor - Bonus Accrual Labor - Sales Commission Total Labor Brochure MKTG - Creative Development MKTG - Digital Advertising MKTG - Digital Dues/Subscript MKTG - Digital Hosting MKTG - Print Advertising MKTG - Team Expense MKTG - Photography MKTG - Printed Collateral Media - Print Advertising MKTG - Public Relations MKTG - Radio Budget 2018 6/1/17 5/31/18 $200.00 $5,000.00 $8,000.00 $780.00 $0.00 $5,500.00 $2,000.00 $4,000.00 $420.00 $3,000.00 $500.00 $0.00 $37,700.00 $401,622.00 $17,766.00 $0.00 $419,388.00 $0.00 $15,000.00 $25,000.00 $1,985.00 $0.00 $26,105.00 $15,000.00 $9,000.00 $9,000.00 $0.00 $22,000.00 $1,200.00 July 3, 2018 - Page 137 of 185 IDANCE I FESTIVAL Budget 2018 6/1/17 5/31/18 5470 MKTG - Market Research $5,000.00 5471 MKTG - TV Advertising $1,300.00 5472 MKTG - Video $25,000.00 5475 Media - TV $0.00 5550 Poster $0.00 5570 Program Production $20,000.00 5770 Website $0.00 Total Marketing $175,590.00 Social 5270 Invitations $2,300.00 5660 Social - Decorations $1,500.00 5665 Social - Entertainment $1,500.00 5670 Social - Food & Beverage $30,000.00 5671 Social - Fundraising Event $13,500.00 5675 Social - Other $4,500.00 5680 Social - Rentals $2,500.00 Total $55,800.00 Sponsorship 5635 Sales Team Total Sponsorship $9,709.00 $9,709.00 Talent 5710 Talent/Performers $463,400.00 5711 Talent/Musicians $0.00 Total Talent $463,400.00 Trades 5905 Traded Goods 5910 Traded Lodging 5915 Traded Marketing Total Trades $2,520.00 $19,012.00 $0.00 $21,532.00 July 3, 2018 - Page 138 of 185 IDANCE I FESTIVAL Budget 2018 6/1/17 5/31/18 TOTAL EXPENSES $2,104,084.00 CHANGE IN NET ASSETS $50,963.00 July 3, 2018 - Page 139 of 185 Name of Organization : Shipstad Skating Instruction INC/ Shipstad Entertainment First Name of Contact Person : Eddie Last Name of Contact Person : Shipstad E-mail Address : eshipstad@outlook.com Mailing Address : 55 Villegreen Street City : Colorado Springs State : US -CO Zip : 80906 Telephone Number : 3039476113 Members and Titles of your Governing Board : Eddie Shipstad President Organization Mission Statement : Shipstad Entertainment is continuing over 75 years of ice show entertainment. The Shipstad name is synonymous with quality, family entertainment. Our goal is to give our customers an experience that exceeds their expectations from one of the most beautiful sports in the world. We want to grow awareness and encourage people of all ages to enjoy our sport. We thrive on a detailed production that incorporates thoughtful choreography to amazing music and perfect entertainment timing with lighting that matches the skating canvas. Organization fiscal year-end: : 2018-12-31 Are your books audited? : No Type of Funding Requested : Cash and In-kind Amount of Contribution Requested : $20,000 In- Kind Request : Two days of building rental of Dobson Arena for a show and two day clinic (Dec. 15 & 16, 2018) that will incorporate not only the local skaters, but many front range skaters that will want to be a part of this amazing festival. Why was this not part of the annual contribution request process for 2018 (Due June 30th)? : I was not aware of these opportunities until after my February 23rd meeting with Laura Waniuk. In 2011, 2012, and 2013 our shows were produced by another entertainment company, but directed by my company, so we were not aware of this amazing town funding. We want this to be an annual event for the visitors and residents of Vail. We will follow all application policies for 2019 funding as requested by the town. How will the contribution be used? : For Vail's Skating Festival we will be adding additional activation around town with some paid and free activities for the guests and residents of Vail. US Figure Skating museum pieces at the Vail Library and two free shows at Solaris and the Arabelle. There will be fees associated with the Skating Camp/Clinic for all local, guest, and front range skaters. The show at Dobson will have admission to help pay for the elite performers. Expenses for all of these events will include housing for the star skaters, housing for the elite coaching staff from Colorado Springs for the clinic at Dobson Arena, rehearsal time in Colorado Springs for the free events, lighting for the free shows (2 spot lights), US Figure Skating Sanction, staff for spot lights, rental fee for two outdoor rinks, trucking fee for lighting, skater fees, event insurance, pre-recorded announcements, additional advertising, flyers for all major competitions in the Colorado area (Broadmoor Open, Vail Invitational, Colorado Championships, Cup of Colorado, and Colorado Springs Invitational). July 3, 2018 - Page 140 of 185 How does your request support item 1C of the Contribution Policy (See above) : The events brought to Vail by Shipstad Skating Instruction INC/Shipstad Entertainment incorporate activities for all ages that the local and front range skating community, residents of Vail, and guests of Vail will love to be a part of. Vail is known for being the best for not only the amazing mountain and town experiences, but also the world level entertainment and activities. The ice show, skating clinic, free shows, and memorabilia from US Figure Skating Headquarters continues Vail's tradition of bringing the best to the residents and guests of Vail. I believe the events surrounding our festival go hand in hand with the Vail's abundance of recreational, cultural, and educational experiences. July 3, 2018 - Page 141 of 185 Shipstad Skating Instruction Inc BALANCE SHEET As of December 31, 2017 TOTAL ASSETS Current Assets Bank Accounts Checking (XXXXXX 8768) 4,456.41 personal 0.00 Total Bank Accounts $4,456.41 Accounts Receivable Accounts Receivable 1,342.00 Total Accounts Receivable $1,342.00 Total Current Assets $5,798.41 Fixed Assets Accumulated Depreciation -774.00 Equipment 774.00 Total Fixed Assets $0.00 TOTAL ASSETS $5,798.41 LIABILITIES AND EQUITY Liabilities Current Liabilities Credit Cards Amex CC Capital One CC Total Credit Cards Other Current Liabilities Payroll Liabilities Total Other Current Liabilities Total Current Liabilities Total Liabilities Equity Opening Balance Equity Owner Contrribution Owners Distribution Retained Earnings Net Income Total Equity TOTAL LIABILITIES AND EQUITY -12,930.96 0.00 $ -12,930.96 4,522.00 $4,522.00 $ -8,408.96 $ -8,408.96 0.00 1,050.00 -237,441.61 130,426.70 120,172.28 $14,207.37 $5,798.41 Cash Basis Sunday, May 20, 2018 01:54 PM GMT -7 July 3, 2018 - Page 14121of 185 Shipstad Skating Instruction Inc PROFIT AND LOSS January - December 2017 TOTAL Income Shipstad Entertainment 20,995.00 WA Income 160,206.73 Total Income $181,201.73 GROSS PROFIT $181,201.73 Expenses Auto Expense 292.25 Bank Charges 130.17 Commissions & fees 798.07 Costumes 167.52 Dues & Subscriptions 216.00 Equipment / Uniform 1,172.82 gifts 396.10 Insurance 912.58 Insurance - Liability 515.48 Job Materials 279.67 Legal & Professional Fees 800.00 Meals and Entertainment 1,096.66 Office Expenses 1,586.49 Parking and Tolls 10.00 Phone 4,993.86 Rent / Ice 7,353.44 Research 808.18 Shipping and delivery expense 114.03 storage 672.00 Subcontractors 8,706.00 Supplies 290.40 Taxes & Licenses 16,069.26 Therapy 70.00 Travel 11,981.08 Travel Meals 1,597.39 Total Expenses $61,029.45 NET OPERATING INCOME $120,172.28 NET INCOME $120,172.28 Cash Basis Sunday, May 20, 2018 01:53 PM GMT -7 July 3, 2018 - Page 141i1of 185 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 Staff Memo for Ordinance No. 8, Series 2018 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 - Vail Town Council Minutes, 04-03-2018 Attachment F - Site Photos of existing wireless service facilities July 3, 2018 - Page 144 of 185 TOWN OFD } Memorandum To: Vail Town Council From: Community Development Department Planning and Environmental Commission Date: July 3, 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. Since the April 3, 2018 Town Council meeting, the Town Attorney has worked with industry partners to address predictability, consistency and applicability of criteria and process of small cell facilities. Changes to Ordinance No. 8 since the first reading on April 3, 2018 are highlighted in Attachment B. Ordinance No. 8, Series 2018 (Attachment A), redlined Ordinance No. 8, Series 2018 (Attachment B), Planning and Environmental Commission Staff Memorandum dated March 26, 2018 (Attachment C), Planning and Environmental Commission meeting minutes dated March 26, 2018 (Attachment D), Town Council meeting minutes dated April 3, 2018 (Attachment E), and site photos of existing wireless service facilities in the Town of Vail (Attachment F) are attached for review. July 3, 2018 - Page 145 of 185 II. DESCRIPTION OF REQUEST In order to implement the regulations and to align the Vail Town Code with state and federal requirements, the Town has requested the adoption of a new chapter within Title 12 of the Vail Town Code. The proposed request is to amend Title 12 of the Vail Town Code by adding a new Chapter 27, Wireless Service Facilities. The proposed ordinance is not a change in policy, but is required in order to ensure that the Town's regulations are consistent with state and federal law, including the Telecommunications Act of 1996, the Spectrum Act, and House Bill 17-1193. 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 has continued to work with Town Attorney and collaborated with industry partners 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. Town of Vail Page 2 July 3, 2018 - Page 146 of 185 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. 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 C) and the evidence and testimony presented. Please see the PEC minutes from March 26, 2018 (Attachment D) 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 Town of Vail Page 3 July 3, 2018 - Page 147 of 185 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." 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. Town Council Meeting Minutes, 04-03-2018 F. Site photos of existing wireless service facilities in the Town of Vail Town of Vail Page 4 July 3, 2018 - Page 148 of 185 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 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 149 of 185 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 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 150 of 185 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; provided that 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 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 151 of 185 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 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 152 of 185 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 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 153 of 185 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 for any WSF other than a small cell facility, 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. 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. In no case shall a freestanding WSF, including its appurtenances, exceed one hundred (100) feet in height. 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. 6 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 154 of 185 B. Equipment: 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. A permit shall be required for all small cell facilities, and each small cell facility is subject to review for compliance with this Chapter; provided that a consolidated application for a single permit may be filed for a small cell network involving multiple individual small cell facilities. B. If a small cell facility (or each small cell facility in a small cell network) complies with the following criteria, the Town shall issue a permit: 1. All equipment related to the small cell facility is as architecturally compatible with the surrounding area as feasible; 2. All electrical, communication, and other wiring including radios, antennae and backhaul connections, shall be fully concealed, internal to the structure, where possible and shrouded in all other instances; 3. The facility shall be sited in a manner that takes into consideration its proximity to residential structures and residential district boundaries, uses on adjacent and nearby properties, and the compatibility of the facility to these uses, including without limitation the proximity of the facility to first and second story windows; 4. The facility and any associated equipment shall be designed and located outside of intersection sight distances and in accordance with the Town's applicable roadway design criteria; and 5. The facility and any associated equipment shall be designed to be compatible with the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. C. 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: 7 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 155 of 185 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. A license agreement with the Town shall be required to address the attachment of small cell facilities to any Town -owned 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. The license agreement may include design standards for the small cell facilities. 3. 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. 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. Notwithstanding the foregoing, 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 8 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 156 of 185 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 initial 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: The following standards shall apply to an eligible facility request, in lieu of any other provisions of this Chapter: 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. 9 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 157 of 185 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. 10 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 158 of 185 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 3rd day of July, 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 3rd day of July, 2018. ATTEST: Patty McKenny, Town Clerk 11 Dave Chapin, Mayor 6/27/2018 S:ITOWN COUNCIL AGENDA ITEMS10703181ORDINANCE NO. 8, WIRELESS SERVICE FACILITIESIWSF- 0062518 NEW.DOCX July 3, 2018 - Page 159 of 185 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 6/25/2018 Q: IUSERSI VAIL IORD12018IWSF-REDLINE-0062518. DOCX July 3, 2018 - Page 160 of 185 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 6/25/2018 Q: I USERSI VAILIORD120181WSF-REDLI NE -0062518. DOCX July 3, 2018 - Page 161 of 185 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; provided that 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 6/25/2018 Q: IUSERSI VAIL IORD12018IWSF-REDLINE-0062518. DOCX July 3, 2018 - Page 162 of 185 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 6/25/2018 Q: I USERSI VAILIORD120181 WSF-REDLI NE -0062518. DOCX July 3, 2018 - Page 163 of 185 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 6/25/2018 Q: IUSERSI VAIL IORD12018IWSF-REDLINE-0062518. DOCX July 3, 2018 - Page 164 of 185 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 for any WSF other than a small cell facility, 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. ■ WSF, the Town shall base its decision on whether the WSF meets the standards of the Code. ED. 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 6/25/2018 Q: I USERSI VAILIORD120181WSF-REDLI NE -0062518. DOCX July 3, 2018 - Page 165 of 185 district. In no case shall a freestanding WSF, including its appurtenances, exceed one hundred (100) 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. Equipment: 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. A permit shall be required for all small cell facilities, and each small cell facility is subject to review for compliance with this Chapter; provided that a consolidated application for a single permit may be filed for a small cell network involving multiple individual small cell facilities. B. If a small cell facility (or each small cell facility in a small cell network) complies with the following criteria, the Town shall issue a permit: 1. All equipment related to the small cell facility is as architecturally compatible with the surrounding area as feasible; 2. All electrical, communication, and other wiring including radios, antennae and backhaul connections, shall be fully concealed, internal to the structure, where possible and shrouded in all other instances; 3. The facility shall be sited in a manner that takes into consideration its proximity to residential structures and residential district boundaries, uses on adjacent and nearby properties, and the compatibility of the facility to these uses, including without limitation the proximity of the facility to first and second story windows; 4. The facility and any associated equipment shall be designed and located outside of intersection sight distances and in accordance with the Town's applicable roadway design criteria; and 7 6/25/2018 Q: I USERSI VAILIORD120181WSF-REDLI NE -0062518. DOCX July 3, 2018 - Page 166 of 185 5. The facility and any associated equipment shall be designed to be compatible with the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. C. 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. A license agreement with the Town shall be required to address the attachment of small cell facilities to any Town -owned 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. i$ 224. The license agreement may include design standards for the small cell facilities. 3. If upon inspection, the Town concludes that a WSF fails to comply with applicable law and constitutes a danger to persons or property, upon thirty (30) days' prior written notice to the owner or operator, the owner or operator shall bring the WSF into compliance. Upon good cause shown, the Town may extend such compliance period for not more than ninety (90) days from the date of said notice. If the owner or operator fails to bring the WSF into compliance, the Town may remove the WSF at the expense of the owner or operator. B. The Town may contract with any telecommunications provider concerning the attachment of small cell facilities to poles or a-tetec-e nic grant of permission to attach a small ccll facility, any in kind paymcnt or A. General: An application 1. A written, narrative statement describing in detail how the WSF will comply with the standards in this Chapter. 8 6/25/2018 Q: I USERSI VAILIORD120181WSF-REDLI NE -0062518. DOCX July 3, 2018 - Page 167 of 185 2. If requested by the Town, photographic simulations showing the proposed WSF and, if applicable, the structure on which it will be attached. C. A telecommunications provider or broadband provider may 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. TheB. Notwithstanding the foregoing, 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 completedinitial 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. 9 6/25/2018 Q: I USERSI VAILIORD120181WSF-REDLI NE -0062518. DOCX July 3, 2018 - Page 168 of 185 B. Approval: The following standards shall apply to an eligible facility request, in lieu of any other provisions of this Chapter: 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 3rd day of July, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Patty McKenny, Town Clerk 10 Dave Chapin, Mayor 6/25/2018 Q: IUSERSI VAIL IORD12018IWSF-REDLINE-0062518. DOCX July 3, 2018 - Page 169 of 185 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of July, 2018. ATTEST: Patty McKenny, Town Clerk 11 Dave Chapin, Mayor 6/25/2018 Q: IUSERSI VAIL IORD12018IWSF-REDLINE-0062518. DOCX July 3, 2018 - Page 170 of 185 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 July 3, 2018 - Page 171 of 185 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 July 3, 2018 - Page 172 of 185 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 July 3, 2018 - Page 173 of 185 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 July 3, 2018 - Page 174 of 185 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 July 3, 2018 - Page 175 of 185 "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 July 3, 2018 - Page 176 of 185 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 July 3, 2018 - Page 177 of 185 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. July 3, 2018 - Page 178 of 185 Vail Town Council Meeting Minutes Tuesday, April 3, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation • Jonathan Levine, expressed his concerns about AT&T's cell service problems and impacts on his business. He noted the consistent problems with service and that his customers were having issues. He credited Ron Braden for his assistance in researching, identifying and solving some of the issues. He asked that the local government be aware of these issues and that they insist these issues get resolved. • Michael Cacioppo addressed his concern about the town council not commenting or responding to the community during citizen participation. He also expressed his dissatisfaction with service from AT&T and asked that the local government engage the vendor to provide better service. This lack of response from AT&T has a negative impact to the local customers and businesses. • Randy Guerriero, resident, requested that the town council schedule a future discussion about the need for a recreation facility in Vail. He also inquired about when the community would get another update about the development agreement for the Marriott Residence Inn. • Wolf Mueller, thanked the community and council for the funds raised to fight cancer and support research; he thanked everyone for the funds raised for pink vail. He also requested that the upper bench of the Donovan Park be re -vegetated; he noted there were negative impacts due to the wildfire mitigation logging project which disturbed the area. 2. Proclamations 2.1. Proclamation No. 3, Series of 2018, One Book One Valley, A Valley -wide Community Read sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, and Vail Town Council Meeting Minutes of April 3, 2018 Page 1 July 3, 2018 - Page 179 of 185 2.2. Proclamation No. 4, Series of 2018, Recognizing National Library Week 2018 "Libraries Lead" 2.3. Proclamation No. 5, Series of 2018, Recognizing April 2018 as Financial Capability Month Lorie Barnes, Vail Library Director, presented the proclamations and her staff supported the effort by reading each of the proclamations along with town council members. The proclamations were adopted. 3. Consent Agenda 3.1. Resolution No. 14, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District Regarding the Construction of the Bridge Road Sanitary Sewer Relocation Moffet moved to approve Resolution No. 14 on the consent agenda; Bruno seconded the motion and it passed (7-0). 3.2. Gore Valley Trail Improvements West Vail South Contract Award Moffet moved to approve the authorization of the Town Manager to enter into a construction contract in the amount of $268,229.45 for the Gore Valley Trail Improvements — West Vail South project; Bruno seconded the motion and it passed (7-0). 3.3. Holy Cross Energy Agreement Overhead to Underground Bighorn Road Moffet moved to approve the Holy Cross Energy Trench, Conduit and Vault Agreement in the amount of $250,000; Foley seconded the motion and it passed (7-0). 3.4. Holy Cross Energy Overhead to Underground Conversion S Frontage Road Moffet moved to approve the Holy Cross Energy Trench, Conduit and Vault Agreement in the amount of $325,000; Foley seconded the motion and it passed (7-0). 3.5. 1-70 East Vail Water Quality Improvements Project Award Moffet moved to direct the Town Manager to enter into a contract with United Companies in the amount of $1,007,718.60 to complete the 1-70 East Vail Water Quality Improvements Project; Foley seconded the motion and it passed (7-0). 3.6. March 6, 2018 Meeting Minutes 3.7. March 20, 2018 Meeting Minutes Foley noted a couple of edits to the minutes (first name of Mr. Campbell and thanking Rollie Kjesbo for his services on the DRB). Langmaid noted she would abstain from the minutes since she was out of town. Moffet moved to approve March 6 and March 20, 2018 meeting minutes; Foley seconded the motion and it passed (6-0; 1 Langmaid abstained). Town Council Meeting Minutes of April 3, 2018 Page 2 July 3, 2018 - Page 180 of 185 4. Town Manager Report Town Manager noted some highlights from his report, see council packet. He also referenced the memo from the IT Department which included updates about the Crown Castle vendor and services update and the Town of Vail data center progress. 5. Presentations / Discussion 5.1. Ford Park 2018 Summer Ford Park Parking Calendar Presenter(s): Greg Hall, director of Public Works and Transportation Action Requested of Council: Request input and approval on the 2018 Ford Park Summer Parking Calendar as prepared by staff and the Ford Park Users Group. Background: Each Spring the summer activities and events calendar is reviewed b the Ford Park User Groups, including representatives from Town of Vail. Vail Recreation District, Vail Valley Foundation,(Gerald R Ford Amphitheater), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountains Science Center (as operators of Vail Nature Center). The group's proposed 2018 managed and paid parking program is attached. Similar transit service will be provided. New this year will be the ability to provide parking vouchers for users of facilities not associated with the special event on a space available basis for a period of 2 hours. This will require those users to obtain validation from the appropriate venue (such as tennis center, BFAG education center classes, etc.) Greg Hall presented the topic with some highlights as follows: • TOV will offer a voucher program to those users in the park who visit VRD and BFAG. • TOV will offer 2 free days of parking with the lacrosse tournament because those days do not have evening functions • The AEG concert series, if booked, would likely convert to paid or managed parking • TOV would keep the entry fee at $10for events • TOV would continue to run free bus service frequently to Ford Park Foley moved to approve the Ford Park 2018 summer calendar; Moffet seconded the motion and it passed (7-0). 6. Action Items 6.1. Ordinance No. 8, Series of 2018, First Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Presenter(s): Justin Lightfield, Planner Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon first reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general Town Council Meeting Minutes of April 3, 2018 Page 3 July 3, 2018 - Page 181 of 185- welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations, which are summarized below. Staff Recommendation: Staff recommends that the Vail Town Council approve, on the first reading, Ordinance No. 8, Series of 2018. Justin Lightfield, Planner, introduced Ordinance No. 8 for first reading noting the basis for moving the legislation forward, as descried above. He noted the legislation complies with regulations found in the Telecommunications Act of 1996 (federal), the Spectrum Act (federal) and House Bill 17-1193 (state). There was no public comment at this time. Moffet moved to approve, on first reading, Ordinance No. 8 Series of 2018, an ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code by the addition of a new Chapter 27 of Title 12, concerning Wireless Service Facilities, and setting forth details in regard thereto, 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." Bruno seconded the motion and it passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:00 p.m. Attest: ave Cir-Mayor Town Council Meeting Minutes of April 3, 2018 Page 4 July 3, 2018 - Page 182 of 185 • - . July 3, 2018 - Page 183 of 185 J f July 3, 2018 - Page 18f185 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment 8:30 p.m. TOWN Of UAIL July 3, 2018 - Page 185 of 185