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HomeMy WebLinkAbout2019-01-08 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, January 8, 2019 TOWN Of 4IAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1. Citizen Participation 2. Appointments for Boards and Commissions 2.1. Vail Local Licensing Authority appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint one person to serve on the VLLA for a one-year term ending on May 31, 2020. 5 min. 3. Consent Agenda 3.1. Resolution No. 1, Series of 2019, A Resolution Designating a Public Place 5 min. Within the Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and Other Board, Commissions, and Authorities of the Town of Vail 3.2. Resolution No. 2, Series of 2019, A Resolution Approving an Intergovernmental Agreement Creating the Eagle Valley Fire Cooperative. 3.3. Resolution No. 3, Series of 2019, Resolution Approving a First Amendment to Lease Between the Town of Vail and the Vail Park and Recreation District 3.4. Resolution No. 4, Series of 2019, A Resolution Approving an Agreement Between the Town of Vail and Walking Mountains Science Center for the Operation of the Vail Nature Center 3.5. Resolution No. 5, Series of 2019, A Resolution Approving a Lease Between the Town of Vail and Primapornto 1 Inc., for the Vail Village "Popcorn Wagon" January 8, 2019 - Page 1 of 95 3.6. Minutes from December 8, 2018 3.7. Minutes from December 18, 2018 4. Town Manager Report 4.1. Town Manager Report 10 min. Presenter(s): Greg Clifton, Town Manager 5. Public Hearings 5.1. Ordinance No. 24, Series of 2018, Second Reading, An Ordinance Amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, to Amend the Example Employee Housing Unit Calculation. Presenter(s): Ashley Clark, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 24, Series of 2018, upon second reading. Background: On October 3, 2017, the Vail Town Council adopted amendments to Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, which established revised Employee Generation Rates by Type of Commercial Use. These changes included an increase in the number of employees per 1,000 feet of new net floor area for an eating and drinking establishment from 6.75 employees to 10.2 employees. In response to this change, a preexisting example provided in Section 12- 23-2C must also be updated in order to be consistent with the changes made in 2017. There is no material change proposed to the existing policy. This ordinance will fix an error in the Town Code Staff Recommendation: The Community Development Department recommends that the Vail Town Council approve Ordinance No. 24, Series of 2018. 5.2. Ordinance No.1, Series of 2019, An Ordinance Authorizing the Sale of Certain Real Property in the Chamonix Vail Development to STK, LLC for $875, 000 Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2019 upon first reading Background: In 2017, the Vail Town Council authorized the development of the Chamonix Vail Neighborhood in West Vail. Upon doing so, to maintain affordability of construction, a portion of the development site was reserved for future residential development. That portion of the site is legally described as Parcel D, of the Chamonix Vail Community plat. Upon completion of a real estate appraisal, the Vail Town Council authorized the town staff to submit the appropriate development application for review to facilitate the creation of Parcel E in preparation for a future sale. Parcel E is comprised of Parcel D and a small portion of Parcel A. A determination was made that it is more cost effective for the town to sell the property rather than attempting to build affordably on the site. The terms of the sale, however, do require the future development of at least one deed - restricted homes on the site. The Town of Vail has received a contract to purchase the property which includes a full price offer, and all other terms required by the Vail Town Council. 5 min. 5 min. January 8, 2019 - Page 2 of 95 6. Adjournment 6.1. Adjournment 6:40 p.m. (estimate) 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. January 8, 2019 - Page 3 of 95 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Local Licensing Authority appointment PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Appoint one person to serve on the VLLA for a one- year term ending on May 31, 2020. January 8, 2019 - Page 4 of 95 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 1, Series of 2019, A Resolution Designating a Public Place Within the Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and Other Board, Commissions, and Authorities of the Town of Vail ATTACHMENTS: Description Resolution No. 1, Series of 2019 January 8, 2019 - Page 5 of 95 RESOLUTION NO. 1 SERIES OF 2019 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL WHEREAS, Section 24-6-402(2)(c), C.R.S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 8th day of January, 2019. TOWN OF VAIL Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk Resolution No. 1, Series of 2019 January 8, 2019 - Page 6 of 95 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 2, Series of 2019, A Resolution Approving an Intergovernmental Agreement Creating the Eagle Valley Fire Cooperative. ATTACHMENTS: Description Resolution No. 2, Series of 2019, Eagle Valley Fire Cooperative IGA Staff Memo Regarding Resolution No.2, Series of 2019 Eagle Valley Fire Co -Op Eagle Valley Fire Cooperative IGA January 8, 2019 - Page 7 of 95 RESOLUTION NO. 2 Series of 2019 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT CREATING THE EAGLE VALLEY FIRE COOPERATIVE WHEREAS, the Gypsum Fire Protection District, Greater Eagle Fire Protection District, and Eagle River Fire Protection (the "Districts") are districts are organized and operated pursuant to the provisions of Article 1, Title 32, C.R.S., to provide fire protection services within the jurisdictional boundaries of the Districts, which boundaries are located within Eagle County, Colorado; WHEREAS, the Town of Vail is a home rule municipality and political subdivision of the State of Colorado operating pursuant to Article XX of the Colorado Constitution and providing fire protection services within the jurisdictional boundaries of the Town within Eagle County, Colorado; WHEREAS, the Town and the Districts see a present opportunity to create a collaborative, integrated system of fire protection that is dedicated to reducing community risk through dynamic community risk mitigation and the consistent delivery of an effective response force, built upon the efficient use of public resources; WHEREAS, pursuant to part 2 of article 1 of title 29, C.R.S., the Town and the Districts desire to establish an agreement (the "IGA") to provide for a collaborative, integrated system of fire protection within the Eagle Valley; and WHEREAS, the Town Council's approval of this Resolution is required to enter into the IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 8th day of January 2019. Dave Chapin, Town Mayor January 8, 2019 - Page 8 of 95 ATTEST: Tammy Nagel, Town Clerk January 8, 2019 - Page 9 of 95 TOWN OF VAIL' Memorandum To: Town Council From: Mark Novak, Fire Chief Date: January 8, 2019 Subject: Resolution No.2, Series of 2019 Eagle Valley Fire Cooperative IGA I. Purpose: The purpose of this memo is to provide background information regarding the Eagle Valley Fire Cooperative IGA. II. Background The past several years have been marked by unprecedented collaboration between Eagle County fire agencies. This collaboration has resulted in improved service to the citizens and visitors in Eagle County. Examples of this collaboration include; greater use of mutual aid, the development of protocols to send the closest resource to an emergency regardless of jurisdiction, multi -agency training, and the development of multi -jurisdictional workgroups to address special hazards such as technical rescue. For the past two years the Eagle County Fire Chiefs have placed a great amount of effort into identifying opportunities in which collaboration could be improved in an effort to increase the efficiency and effectiveness of service delivery. During this effort a number of areas were identified in which service delivery could be enhanced by collaboratively addressing the particular risk. This collaborative model has been effective in addressing the risk of hazardous materials and is the foundation of the Regional Hazardous Materials Association of Eagle County (RHMAEC). Participation in RHMAEC has proven to be a cost effective and effective way to provide hazardous materials response. The Eagle Valley Fire Co -Op (Co -Op) will enhance the ability of Eagle County fire agencies to work collaboratively by providing a mechanism that will provide greater coordination of training efforts and allow joint -purchasing. Collaborative training is foundational to this effort as it enhances the interoperability of each agency and standardizes performance expectations throughout the county. A joint purchasing mechanism will not only result in cost savings, but will potentially result in standardization of equipment used throughout the county, which will provide for greater interoperability. The Co -Op will also serve as a framework for further cooperative efforts related to activities such as fire investigation, fire prevention, technical rescue, and wildland firefighting. January 8, 2019 - Page 10 of 95 The Co -Op is based upon the model currently in place for the Regional Materials Association of Eagle Count, which the Town of Vail currently participates in. This model has proven effective in facilitating inter -agency collaboration and improving service delivery. The Co -Op does not obligate Vail Fire or the Town of Vail to any specific activity or financial commitments. III. Requested Action Approve on consent, Resolution No. 2, Series of 2019 Town of Vail Page 2 January 8, 2019 - Page 11 of 95 INTERGOVERNMENTAL AGREEMENT CREATING THE EAGLE VALLEY FIRE COOPERATIVE BETWEEN GYPSUM FIRE PROTECTION DISTRICT AND GREATER EAGLE FIRE PROTECTION DISTRICT AND EAGLE RIVER FIRE PROTECTION DISTRICT AND TOWN OF VAIL This Intergovernmental Agreement Creating the Eagle Valley Fire Cooperative ("Agreement") is executed this day of , 2018, by GYPSUM FIRE PROTECTION DISTRICT, GREATER EAGLE FIRE PROTECTION DISTRICT, AND EAGLE RIVER FIRE PROTECTION DISTRICT, quasi -municipal corporations and political subdivisions of the State of Colorado ("Districts") and the TOWN OF VAIL, a home rule town under the Colorado Constitution and a political subdivision of the State of Colorado ("Town") (Districts and Town being singularly referred to as "Party" or "Participating Agency" and jointly referred to as "Parties" or "Participating Agencies"). RECITALS A. WHEREAS, the Districts are organized and operated pursuant to the provisions of Article 1, Title 32, C.R.S., to provide fire protection services within the jurisdictional boundaries of the Districts, which boundaries are located within Eagle County, Colorado; and B. WHEREAS, the Town is a home rule Town and political subdivision of the State of Colorado operating pursuant to Article XX of the Colorado Constitution and providing fire protection services within the jurisdictional boundaries of the Town within Eagle County, Colorado; and C. WHEREAS, the Parties see a present opportunity to create a collaborative, integrated system of fire protection that is dedicated to reducing community risk through dynamic community risk mitigation and the consistent delivery of an effective response force, built upon the efficient use of public resources; and D. WHEREAS, this opportunity derives from the intersection of several conditions, including an unprecedented level of interagency cooperation, and predictions of continued growth and development within the Eagle Valley; and {00639812.DOCX /2 } January 8, 2019 - Page 12 of 95 E. WHEREAS, the Parties recognize the imperative of interagency interoperability to the safety, effectiveness and efficiency of the Eagle Valley's system of fire protection; and F. WHEREAS, the Parties desire to match emergency service to community risk, and recognize that no single agency possess the necessary resources to meet the ever-changing and often expanding needs for reducing community risk through prevention and response; and G. WHEREAS, the Parties recognize that the ability to provide an effective response force — the number of personnel, and number and type of resources, required to stop the progression of an emergency event — relies heavily on interagency integration; and H. WHEREAS, integration depends upon the degree to which the participating agencies interoperate, and the individual response systems of the participating agencies must work reliability together, regardless of incident type, and the same can be said of community risk reduction; and I. WHEREAS, under part 2 of article 1 of title 29, C.R.S., the Parties desire to establish an Agreement to provide for a collaborative, integrated system of fire protection within the Eagle Valley; and J. WHEREAS, establishment of the Agreement will serve a public purpose and will promote the health, safety, security and general welfare of the inhabitants and visitors of the Parties and the State of Colorado. NOW THEREFORE, IN CONSIDERATION of the above recitals, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: AGREEMENT 1. Creation of Eagle Valley Fire Cooperative ("Cooperative"). The Parties agree to form the Cooperative_as the strategy by which to: (a) Pursue the goals of collectively matching service to risk; (b) Ensuring mutual benefit; and (c) Enhancing interagency integration with respect to community risk reduction and emergency response. {00639812.DOCX /2 } 2 January 8, 2019 - Page 13 of 95 2. Purpose of Cooperative. The purpose of the Cooperative is to collaboratively match service to risk within the boundaries of the Parties, as the Cooperative's participating agencies. 3. Ethos of Cooperative. The ethos of the Cooperative is: (a) Mutual; effective; efficient. (b) Mutual means that agency participation in the Cooperative should benefit taxpayers, firefighters and the fire service organization, itself. (c) Effective means that agency participation in the Cooperative should result in a measurable decrease in either the incidence or consequence of emergency events, or an improved ability to stop their progression. (d) Efficient means that agency participation in the Cooperative should result in an enhance ability to provide exceptional service commensurate with community risk through the responsible use of public resources. 4. Eagle Valley Fire Chiefs as Board of Cooperative. The Fire Chiefs of Gypsum Fire Protection District, Greater Eagle Fire Protection District, Eagle River Fire Protection District, and Vail Fire and Emergency Services shall be the Board of Directors of the Cooperative. The Board shall have responsibility for managing and directing the Co -Op including: (a) Establishing goals and objectives; (b) Determining priorities for joint training, making recommendations to the Parties on the funding of a joint training program by the Parties, and approving an annual joint training plan by November 30 of each year; (c) Coordinating joint purchasing; (d) Creating, managing, and hiring staff to support other joint functions, including, joint wildland, technical rescue, and other special operations programs, and approving annual operational plans for such special operations, if created. 5. Operating Principles of Cooperative. The Cooperative shall have the following operating principles: {00639812.DOCX /2 } 3 January 8, 2019 - Page 14 of 95 (a) Participating Agencies will rely on this Agreement and other intergovernmental agreements entered into by the Parties under this Agreement to define and govern matters requiring joint decision- making, including procedures for ensuring joint decision-making, levels of decision-making authority, and processes for reporting to respective governing bodies (e.g. fire boards, town councils), or their designees; and any other subjects deemed necessary by the governing bodies of the Participating Agencies; (b) Mutuality will take precedence over the pursuit of effectiveness and efficiency. While an initiative of the Cooperative may not directly, simultaneously, or immediately benefit all Participating Agencies or their taxpayers and firefighters, no initiative should constitute an immediate or foreseeable detriment to a Participating Agency, its taxpayers or firefighters; and (c) Effectiveness will take precedence over the pursuit of efficiency. Effectiveness measures the distance between actual and desired outcomes, while efficiency describes the amount and variety of effort required to achieve an outcome. In order to avoid the creation of an efficiently ineffective cooperative, the Cooperative will consistently ask of its Participating Agencies how they might collectively meet desired outcomes at less cost or through decreased effort. 6. Creation of Cost -Sharing Agreements. The Parties recognize that initiatives of the Cooperative will require creation of cost-sharing agreements among the Parties. The Participating Agencies acknowledge that no Participating Agency can commit the financial resources of another without approval by the affected Participating Agency's governing body. Recognizing the variety in the types of contribution to inter -operability that each Participating Agency might provide, cost sharing agreements may include monetary exchange, or an exchange of equivalent value, provided all such cost-sharing arrangements receive prior approval by the affected governing bodies. All cost-sharing agreements, regardless of nature, will become memorialized in an intergovernmental agreement. 7. Single Custodian of Records of Cooperative. To ensure each Participating Agency has unhindered access to authoritative information, the Participating Agencies will agree on a single custodian of records to maintain documents related to the development and function of the Cooperative. {00639812.DOCX /2 } 4 January 8, 2019 - Page 15 of 95 4 8. Specific Direction on Joint Training Program. Because the consistent provision of an effective response force starts with comprehensive, consistent, and collaborative training, the joint training program will initially focus on the following: (a) Creating opportunities for interagency and multi -company level training, providing both didactic and skill -based training that fulfills the intent of enhancing interoperability between the Participating Agencies. Training needs specific to individual Participating Agencies (e.g. job performance requirements constituting minimum proficiencies according to the National Fire Protection Association), certification administration, and credentialing will remain the province of the individual Participating Agency. (b) Participating Agencies will use the Eagle County Fire Chiefs Association ("ECFCA") as the forum for determining priorities and areas of emphasis for interagency and multi -company level training, with recommendations from the Joint Training Officers Association ("JTOA"); (c) A Training Coordinator will lead the JTOA in developing its recommendations to the ECFCA and implement the training priorities as agreed upon by the Participating Agencies; (d) To ensure unity of command, the Training Coordinator, and any staff in support of the Training Coordinator, will remain the exclusive employees of one (and the same) of the Participating Agencies. However, the Training Coordinator will implement training priorities and areas of emphasis as agreed to by the Participating Agencies. (e) Participating Agencies will memorialize from time to time, in an Addendum to this Agreement, the process for determining training priorities and associated training programs, and the means by which they will share associated costs, including the training coordinator and support staff, if any. 9. Specific Direction on Joint Purchasing. To the greatest extent possible, Participating Agencies will seek opportunities to purchase equipment and services collectively. Recognizing the differing needs of Participating Agencies, efforts to promote collective purchasing will not oblige another Participating Agency to purchase equipment concurrently; rather, the Participating Agencies will pursue potential cost-saving measures as group contracts, consolidation of shared services (e.g. equipment testing, repair {00639812.DOCX /2 } 5 January 8, 2019 - Page 16 of 95 6 and maintenance), and equipment specification. The Participating Agencies will establish a task force, comprised of representatives from each Participating Agency, to vet potential opportunities for joint purchasing. 10. Specific Direction on Visioning. Though the Cooperative will initially focus on the first two initiatives of creating joint training and purchasing programs, the Participating Agencies may consider pursuing future, equally collaborative efforts. For as much as these initiatives promote the ethos of mutual, effective and efficient, so could such additional collaborative efforts as: (a) Special Operations; (b) Wildland; (c) Technical Rescue; (d) Prevention and Community Risk Reduction; (e) Fire Investigation; (f) A collaborative, regional approach to recruitment and retention programs could assist in promoting long-term stability by encouraging individuals desirous of living or working in the Eagle Valley to more clearly see a pathway toward a career in the Eagle Valley's fire service. Such efforts could include a joint explorer program and a regionalized training academy. A regional training academy could also include the agencies of Summit and Lake Counties, helping all of the Participating Agencies by pooling sufficient numbers of recruits into class sizes suitable for fire academy settings. 11. Workers' Compensation and Other Insurance Coverage. Each Participating Agency shall bear the cost of workers' compensation and other insurance coverage for employees of Participating Agencies participating in Cooperative activities. 12. Term and Termination. The term of this Agreement shall be through the end of the year in which it is entered, and this Agreement shall be automatically renewed for additional one (1) year terms in perpetuity; provided, however, that in the event a Participating Agency fails to make an annual appropriation of funds necessary for it to perform its obligations hereunder, the Participating Agency may terminate its participation in this Agreement upon prompt notice to each of the other Participating Agencies with such termination to be effective as of the last day of the then -current {00639812.DOCX /2 } 6 January 8, 2019 - Page 17 of 95 year. Additionally, any Participating Agency may terminate its participation in this Agreement upon thirty (30) days written notice to the all of the other Parties for any reason or no reason. 13. Notices. Any formal notice, demand or request pursuant to this Agreement shall be in writing and shall be deemed properly served, given or made, if delivered in person or sent by certified mail postage prepaid to the Parties at the addresses listed by the signatures below or as otherwise modified pursuant to this Section. 14. Amendments. This Agreement may be amended only by written document signed by the Parties. 15. Severability. In the event that any of the terms, covenants or conditions of this Agreement or their application shall be held invalid as to any person, entity or circumstance by any court having competent jurisdiction, the remainder of this Agreement and the application in effect of its terms, covenants or conditions to such persons, entities or circumstances shall not be affected thereby. 16. Waiver. The waiver by any Party of any breach by any other Party of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or other term, covenant, or condition. 17. Entire Agreement. This Agreement embodies the complete agreement between the Parties regarding the subject matter herein and supersedes all prior agreements and understandings, if any. 18. Section Headings. The section headings in this Agreement are inserted for convenience and are not intended to indicate completely or accurately the contents of the sections they introduce and shall have no bearing on the construction of the sections they introduce. 19. No Third -Party Beneficiaries. The Parties to this Agreement do not intend to benefit any person not a party to this Agreement. No person or entity, other than the Parties to his Agreement, shall have any right, legal or equitable, to enforce any provision of this Agreement. 20. Duly Authorized Signatories. By execution of this Agreement, the undersigned each individually represent that he or she is duly authorized to execute and deliver this Agreement and that the subject Party shall be bound by the signatory's execution of this Agreement. {00639812.DOCX /2 } 7 January 8, 2019 - Page 18 of 95 21. Counterparts, Electronic Signatures and Electronic Records. This Agreement may be executed in two counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. The Agreement and any other documents requiring a signature may be signed electronically by each Party. The Parties agree not to deny the legal effect or enforceability of the Agreement, solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature on the grounds that it is an electronic record or an electronic signature or that it is not in its original form or is not an original. EXECUTED as of the date first written above. Attest: , Secretary {00639812.DOCX /2 } GYPSUM FIRE PROTECTION DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado By Address: , Chairman GREATER EAGLE FIRE PROTECTION DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado By , Chairman 8 January 8, 2019 - Page 19 of 95 Address: Attest: , Secretary EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi -municipal corporation and political subdivision of the State of Colorado Attest: , Secretary Attest: By , Chairman Address: TOWN OF VAIL, a home rule town and political subdivision of the State of Colorado , Town Clerk {00639812.DOCX /2 } By Address: 9 , Mayor January 8, 2019 - Page 20 of 95 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 3, Series of 2019, Resolution Approving a First Amendment to Lease Between the Town of Vail and the Vail Park and Recreation District ATTACHMENTS: Description Resolution No. 3, Series of 2019 January 8, 2019 - Page 21 of 95 TOWN OF VAILL Memorandum TO: Vail Town Council FROM: Greg Hall, Director of Public Works and Transportation DATE: January 8, 2019 SUBJECT: Resolution No. 3, Series of 2019, A Resolution Approving A First Amendment to the Lease Between The Town Of Vail and The Vail Park And Recreation District I. PURPOSE The purpose of this memo is to introduce Resolution No. 3, Series of 2019, authorizing the Town Manger to execute the First Amendment to the Lease Between The Town Of Vail And The Vail Park And Recreation District. 11. BACKGROUND The current lease is being amending changing the responsibility of managing the Vail Nature Center from the Vail Parks and Recreation District to the Town of Vail. The Vail Town Council in approval of the 2019 budget set aside town funds for both the operation and maintenance of the Vail Nature Center. January 8, 2019 - Page 22 of 95 RESOLUTION NO. 3 Series of 2019 A RESOLUTION APPROVING A FIRST AMENDMENT TO LEASE BETWEEN THE TOWN OF VAIL AND THE VAIL PARK AND RECREATION DISTRICT WHEREAS, the Town and the Vail Park and Recreation District (the "District") entered into a Lease on July 18, 2008 (the "Lease"); WHEREAS, the Town and District have agreed to amend the Lease as set forth herein, to remove reference to the Vail Nature Center and to update the Lease exhibits; and WHEREAS, the Town Council's approval of this Resolution is required to approve the First Amendment to Lease (the "First Amendment"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the First Amendment and authorizes the Town Manager to execute the First Amendment on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 8th day of January 2018. Dave Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk January 8, 2019 - Page 23 of 95 FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (the "Amendment") is entered into this day of , 2019 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality (the "Town"), and VAIL PARK AND RECREATION DISTRICT, a Colorado special district (the "District") (each a "Party" and collectively the "Parties"). WHEREAS, the Parties entered into a Lease on July 18, 2008 (the "Lease"); and WHEREAS, the Parties have agreed to amend the Lease as set forth herein. NOW, THEREFORE, in consideration of the mutual promises and conditions herein contained, the Parties covenant and agree and follows: 1. Section 2 of the Lease is hereby amended to remove subsection (b), the Nature Center, from the definition of Leased Premises. 2. Exhibit A to the Lease is hereby deleted and replaced with the Exhibit A attached to this Amendment. 3. All remaining provisions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the Effective Date. TOWN OF VAIL Greg Clifton, Town Manager ATTEST: Tammy Nagel, Town Clerk VAIL PARK AND RECREATION DISTRICT ATTEST: 1/3/2019 II VWS-STORAGE\DESKTOPS$\TNAGEL I DESKTOPIVRD LEASE AMEND -A 122018. DOCX January 8, 2019 - Page 24 of 95 Subject Area within and including fence) •_ (Parcel #: 210103401012; Zone District: Outdoor Recreation) Booth Creek Park - Tennis Courts This map was created by the Town of Vail GIS Team and should be used for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) IJanuary 8, 2019 - Page 25 of 95 Map UUpdiatpdatedd Dece: ber,,2018 : December, 2018 TOWN OF VAIL' Subject Area (within and including fence) VALLEY DR 0 75 150 Feet (Parcel #: 210108236004; Zone District: Outdoor Recreation) Chalet Road - Pickelball Courts This map was created by the Town of Vail GIS Team and should be used for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel Ilne work Is approximate) Aerial Imagery: May, 2018 Map Updated: December, 2018 January 8, 2019 - Page 26 of 95 TOWN OF VAIL: -. �oo000000000000000000000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 ti 0 z' 0 0 0 *'-�, vCD000000 Subject Area (within and including fence along south boundaries) OOOOOOOOOOOOOOOOOOOcD cjc _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 75 150 Feet 1 i i 1 1 1 (Parcel #: 210312300002; Zone District: General Use) Donovan Park - Athletic Field This map was created by the Town of Vail GIS Team and should be used for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) IJanuary 8, 2019 - Page 27 of 95 Map UUpdiatpdated:: DdDere: ber,,2018 ecember, 2018 TOWN OF VAIL' Subject Area (within and including fences along north, west, and south boundaries) 75 150 Feet (Parcel #: 210108114001 & 210109200006; Zone District: General Use & Outdoor Recreation) Ford Park - Athletic Field This map was created by the Town of Vail GIS Team and should be used for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) IJanuary 8, 2019 - Page 28 of 95 Map UUpdiatpdated:: DdDere: ber,,2018 ecember, 2018 TOWN OF VAIL' Subject Area SHADED AREA INDICKrE EVrENT OF VI,: LEASE FORD PARK WEST RESTROOM AND MAINTENANCE BUILDING VAIL RECREATION DISTRICT LEASE -2019 0 75 150 Feet ji II (Parcel #: 210108100002; Zone District: General Use) Ford Park - Upper Bench This map was created by the Town of Vail GIS Team and should be used for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) IJanuary 8, 2019 - Page 29 of 95 Map UUpdiatpdated:: DdDere: ber,,2018 ecember, 2018 TOWN OF VAIL' Town of Vail maintains above -ground landscaping Subject Area (Parcel #: 210106407005; Zone District: General Use) John Dobson Ice Arena This map was created by the Town of Vail GIS Team and should be used for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) Aerial Imagery: May, 2018 January 8, 2019 - Page 30 of 95 Map Updated: December, 2018 TOWN OF VAIL' - 1 . - P 1 1 1 .i3 1 y 1 T 1- /;. r q3, i 1 110111aMilftnnainMWeiraim-= 4 , / 8 4 .11111, li_ /Cr ..,,, Lionshead Transportation Center - Youth and Teen Center rEftret P r6rfil1A 116Irl° 'mut Yir- u in ' Teen Center - (see floorplan) 1 rKf E LIONSHEAD CIR 75 150 Feet (Parcel #: 210106407012; Zone District: General Use) Lionshead Transportation Center This map was created by the Town of Val GIS Team and should be used for general purposes on y. The Town of Val does not warrant the accuracy of the Information contained hereln. (where shown, parcel Ilne work Is approxlmate) Aerial Imagery: May, 2018 Map Updated: December, 2018 January 8, 2019 - Page 31 of 95 TOWN OF VAIL To the "toe" of the slope To and including the fence 0 75 150 Feet (Parcel #: 210106302004; Zone District: Outdoor Recreation) Red Sandstone - Athletic Field This map was created by the Town of Vail GIS Team and should be used for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate) IJanuary 8, 2019 - Page 32 of 95 Map UUpdiatpdatedd::DDere: ber,,2018 ecember, 2018 TOWN OF VAIL: TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 4, Series of 2019, A Resolution Approving an Agreement Between the Town of Vail and Walking Mountains Science Center for the Operation of the Vail Nature Center ATTACHMENTS: Description Professional Services Agreement Exhibit A Resolution No. 4, Series of 2019 January 8, 2019 - Page 33 of 95 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 8th day of January, 2019, by and between the TOWN OF VAIL, a Colorado municipal corporation, 75 South Frontage Road, Vail, Colorado 81657, hereinafter referred to as the "Town," and Walking Mountains Science Center, a non-profit organization with a principal place of business at Walking Mountains Lane, Avon, CO, 81620 ("Contractor") (each individually a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon thirty (30) days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. III. COMPENSATION A. In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount not to exceed $75,000. This maximum amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall bill the Town on a monthly 1 1/3/19 January 8, 2019 - Page 34 of 95 basis from the month of February through November, 2019, and be paid by the Town as the Scope of Services is completed to the satisfaction of the Town. B. Notwithstanding the maximum amount specified in this Section, Contractor shall be paid only for work performed. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. B. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. C. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. D. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services, except for those explicitly described in Exhibit A. V. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VI. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance to cover obligations imposed by applicable law for any employee engaged in the performance of work under this Agreement, and Employer's Liability insurance with minimum limits of $100,000 bodily injury by accident for each employee, $100,000 bodily injury by disease for each employee, and policy limit of $500,000 bodily injury by disease. 2 1/3/19 January 8, 2019 - Page 35 of 95 2. Commercial General Liability insurance with minimum combined single limits of six hundred thousand ($600,000) each occurrence and one million dollars ($1,000,000) general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least thirty (30) days prior written notice has been given to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. VII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor. VIII. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E - Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not: 1. Knowingly employ or contract with an illegal alien to perform work under this Agreement; or 3 1/3/19 January 8, 2019 - Page 36 of 95 2. Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E -Verify Program or the Department Program. 2. Contractor shall not use the E -Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: a. Notify the subcontractor and the District within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and b. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. IX. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 4 1/3/19 January 8, 2019 - Page 37 of 95 B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 5 1319 January 8, 2019 - Page 38 of 95 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. TOWN OF VAIL a Colorado Municipal Corporation Greg Clifton Town Manager CONTRACTOR By: STATE OF COLORADO ) ) ss. COUNTY OF ) Markian Feduschak, President Walking Mountains Science Center The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2019, by as of My commission expires: (SEAL) 6 Notary Public I/349 January 8, 2019 - Page 39 of 95 EXHIBIT A SCOPE OF SERVICES See attached Proposal from Walking Mountains Science Center to the Town of Vail 7 1/3/19 January 8, 2019 - Page 40 of 95 DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, , as a public contractor under contract with the Town of Vail (the " Town "), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within twenty (20) days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature STATE OF COLORADO ) ss. COUNTY OF Date The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 2019, by as of My commission expires: (SEAL) 8 Notary Public 1319 January 8, 2019 - Page 41 of 95 EXHIBIT A SCOPE OF SERVICES Vail Nature Center Summer 2019 The Contractor will operate the following programs at the Vail Nature Center: Wildflower Walk — (1 hour, 3 days per week) A leisurely one-hour walk through the woods and meadows in which guests learn about the flowers that carpet the mountains and the conditions they need to thrive. Morning Bird Walk — (1 hour, 2 days per week) A morning walk through the meadows and woods along the Gore Creek where guests learn about a great variety of birds, what they need to survive, and to attract birds to their own backyards. Beaver Pond Tour — (1.75 hours, 2 evenings per week) The guest experience begins at the Nature Center with a brief presentation about beavers, followed by a drive to a beaver pond and active lodge. Stories in the Sky: Stargazing — (1.5 hours, 1 evening per week) Participants experience the mountains of Vail under the stars like never before. From endless constellations and cascading shooting stars to full moons almost as bright as the sun. S'Mores and More: Family Campfire Program — (1.5 hours, 2 evenings per week) A warm campfire, exciting stories of woodland adventures and the sweet smell of burning marshmallows fill this family program at the Vail Nature Center. Creekside Nature Tours — (1 hour, 2 times per Farmer's Market) a casual stroll along Vail's streamside paths. Tours depart from the Walking Mountains Science Center booth at the Vail Farmers' Market on Sundays throughout the summer. Adult Full -Day Nature Hikes & Hiking Club - Summer naturalist guides from the Nature Center lead participants on all -day hikes throughout the Holy Cross and Eagles Nest Wilderness areas. Hikes are at a pace that allows participants to enjoy the flora and fauna along the trail. Participants should be in healthy condition and accustomed to the altitude. Hike participants should bring extra clothing, rain gear, lunch, trail snacks, water and a camera. Transportation is provided from the Nature Center. Dogs are not allowed. Adult Half -Day Wildflower Hikes - In the Rockies, we are fortunate to be surrounded by an abundance of beauty and biodiversity. Participants learn the basic skills needed to identify local plants, as well as fascinating information about their historic and modern uses. Naturalists lead a leisurely hike on various trails in the Vail area. While easier and slower -paced than full-day hikes, participants must be able to hike 3-6 miles at high altitude. Hiking participants should bring rain gear, trail snacks, water and a camera. Participants should wear sturdy footwear that is comfortable. Transportation is provided from the Nature Center. Dogs are not allowed. January 8, 2019 - Page 42 of 95 Adult Art in Nature Workshops (Photography, Drawing, and/or Watercolors) — Participants spend an enjoyable morning exploring the beauty of the Vail Valley, learning easy techniques and tricks that will immediately improve photography skills. Participants learn the foundation to better pictures through composition and using a camera and eye to their fullest potential. Participants discover how to visualize a scene and how it translates into an image as well as what to look for from the grandest panorama to the tiniest detail. Youth Learn to Think Like a Trout (4 hours, 1 day per week; tentative for 2019) - The fly-fishing program takes place on select days throughout the summer and is comprised of education about ecosystem and entomology (study of insects), as well as basic tools and knowledge of fly-fishing. Fishing equipment is provided. Youth Wild Artists - Youth participants enjoy classes that engage artists of all skill levels in the natural world while offering nature enthusiasts the opportunity to express themselves artistically. The Nature Center partners with the Town of Vail's Art in Public Places program to offer these classes. Art in Nature youth programs take place outside the Nature Center. Materials included. Volunteer Days — Volunteer groups and students assist with trail maintenance and invasive weeds. Drop-in Activity Programming — (2 hours, 5 days per week) The Contractor is responsible for all services above and staffing of the Nature Center, excluding the cost of electrical service, maintenance and cleaning of the interior and exterior of the VNC, including exhibits within the VNC or on the grounds, facilities, signage, and seating, telephone and internet service. 1. Contractor's Obligations. Contractor shall: (a) Provide all staffing and cover all related costs of wages, contract labor, benefits, payroll taxes, workers comp, uniforms, cell phones, and other costs required to run the Programs. (b) Provide one van for use in transporting staff and Program participants. (c) Supply all operating goods such as supplies, food, inventory or retail items for sale, computer and office supplies, bank and credit card fees, and all other costs required for all Program operations. (d) Pay all of the costs to maintain the required licenses from the US Forest Service and any other permits required for programs offered at the Vail Nature Center; all such licenses and permits shall be maintained in the name of the Contractor, but shall revert to the Town of Vail should the Contractor no longer operate Programs at the Vail Nature Center. (e) Provide an attendance report for all summer programs to the Town of Vail at the end of the season. January 8, 2019 - Page 43 of 95 RESOLUTION NO. 4 Series of 2019 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE TOWN OF VAIL AND WALKING MOUNTAINS SCIENCE CENTER FOR THE OPERATION OF THE VAIL NATURE CENTER WHEREAS, the Town desires to enter into a Professional Services Agreement (the "Agreement") with Walking Mountains Science Center for the operation of the Vail Nature Center; and WHEREAS, the Town Council's approval of this Resolution is required to approve the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Agreement and authorizes the Town Manager to execute the Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 8th day of January 2018. Dave Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk January 8, 2019 - Page 44 of 95 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 5, Series of 2019, A Resolution Approving a Lease Between the Town of Vail and Primapornto 1 Inc., for the Vail Village "Popcorn Wagon" ATTACHMENTS: Description Resolution No. 5, Series of 2019 January 8, 2019 - Page 45 of 95 TOWN OF VAILL Memorandum TO: Vail Town Council FROM: Greg Hall, Director of Public Works and Transportation DATE: January 8, 2019 SUBJECT: Resolution No. 5, Series of 2019, A Resolution Approving A Lease Between The Town Of Vail And The Primapronto 1 Inc., The Vail Village "Popcorn Wagon". I. PURPOSE The purpose of this memo is to introduce Resolution No. 5, Series of 2019, authorizing the Town Manger to execute the Lease Between The Town Of Vail And Primapronto 1 Inc. 11. BACKGROUND The Town of Vail entered into a lease on January 1, 2014 with Primapronto 1 Inc. to place the Vail Village Popcorn Wagon on property owned by the Town of Vail. This is a new lease to allow Primapronto 1 Inc. to continue to place the Popcorn Wagon on property owned by the Town of Vail. January 8, 2019 - Page 46 of 95 RESOLUTION NO. 5 Series of 2019 A RESOLUTION APPROVING A LEASE BETWEEN THE TOWN OF VAIL AND PRIMAPRONTO 1 INC., FOR THE VAIL VILLAGE `POPCORN WAGON' WHEREAS, the Town and Primapronto 1 Inc. (the "Parties") entered into a Lease for the 'Vail Village Popcorn Wagon' which commenced on January 1 2014; WHEREAS, the Parties have agreed to enter onto a new Lease (the "Lease") as set forth herein to continue to allow Primapronto 1 Inc. to continue to place the Popcorn Wagon on property owned by the Town; and WHEREAS, the Town Council's approval of this Resolution is required to approve the Lease. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Lease and authorizes the Town Manager to execute the Lease on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 8th day of January 2018. Dave Chapin, Town Mayor ATTEST: Tammy Nagel, Town Clerk January 8, 2019 - Page 47 of 95 LEASE This LEASE (the "Lease') is made and entered into this day of , 2018 (the "Effective Date") between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and Primapronto 1, Inc., a corporation with an address of ("Lessee") (each a "Party" and collectively the "Parties"). ARTICLE 1 — PREMISES A. Lease. In consideration of the rents, covenants and agreements herein contained, the Town demises and leases to Lessee, and Lessee rents from the Town, the property described in Exhibit A, attached hereto and incorporated herein by this reference (the "Premises"). B. Suitability. As of the date of execution of this Lease, Lessee has inspected the physical condition of the Premises and receives the Premises in "as is" condition. The Town makes no representations or warranties with respect to the condition of the Premises or its fitness or availability for any particular use, and the Town shall not be liable to Lessee for any latent or patent defect on the Premises. ARTICLE 2 — TERM AND TERMINATION A. Term. This Lease shall commence on January 1, 2019 and terminate on December 31, 2024, unless renewed as provided herein. B. Renewal. If Lessee is not in default of this Lease, Lessee shall have the option to renew the Lease for 1 additional terms of 5 years commencing at the expiration of the initial Lease term. The option shall be exercised by written notice given to the Town not less than 90 days prior to the expiration of the initial term or renewal term, as applicable. If notice is not given as provided herein, the renewal option shall automatically expire. C. Termination by Town. Notwithstanding any other provision of this Lease, if the Town determines, in its sole discretion, that the Premises is needed for a public purpose, the Town may terminate this Lease, with or without cause, by providing Lessee with a minimum of 90 days' prior written notice. D. Surrender. Upon the expiration or termination of this Lease, Lessee shall peaceably and quietly leave and surrender the Premises in the same condition as it exists on the date of the execution of this Lease, subject to reasonable wear and tear. ARTICLE 3 - RENT A. Rent. Lessee shall pay the Town monthly rent of $645, to be paid on the first business day of each month. The rent shall be payable at the Town of Vail 1 1/3/2019 C: I USERS\TNAGEL I APPDATAI LOCAL I MICROSOFT\WINDOWSIINETCACHEICONTENT.OUTLOOK135J3D02JIPOPCORN WAGON LEASE -A 122118. DOCX January 8, 2019 - Page 48 of 95 Municipal Building, 75 South Frontage Road, Vail, Colorado, or at such other place the Town may designate in writing. B. Adjustment. The annual rent shall increase on January 1, 2020, and each January 1st thereafter, by the amount of the annual Denver/Boulder Consumer Price Index. C. Late Fee. If the rent is not paid on the first business day of the month, a late fee of $50 shall be charged for each day that the rent is late. Such late fee shall be due and payable within 10 days of assessment. ARTICLE 4 — USE AND MAINTENANCE A. General Use. Lessee shall use and occupy the Premises for storage, so long as such use conforms with regulations of all authorities affecting the Premises, and Lessee will not do, or permit to be done, anything which is contrary to any legal or insurable requirement or which constitutes a nuisance. Lessee shall comply with all applicable statutes, ordinances and regulations pertaining to the Premises. No exterior signage shall be permitted. B. Maintenance. Lessee agrees that at all times during the term of this Lease, Lessee, at its own cost and expense, shall: 1. Keep the Premises and adjacent parking areas and sidewalks in good, neat, and clean condition and free from snow, ice and other obstructions; 2. Not park trucks or delivery vehicles outside the Premises so as to unreasonably interfere with the use of any driveways, walks, roadways or parking areas; and 3. Keep the outside area of the Premises reasonably clean and free from snow, ice, dirt, rubbish or obstruction. C. Inspection. Lessee shall permit the Town and its agents to enter the Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the Premises. D. Utilities. Lessee shall pay for all utility charges associated with Lessee's use of the Premises. ARTICLE 5 — TAXES A. Property Taxes. Lessee shall pay all property taxes and general and special assessments levied and assessed against the Premises. Lessee acknowledges that the Premises may be subject to property tax, despite the Town's ownership of the property, because of the use of the property by Lessee. Lessee agrees that the Town shall have no obligation to contest such property taxes or cooperate with Lessee in 2 1/3/2019 C: IUSERSI TNA GELIAPPDATAILOCAL IMICROSOFTI WINDOWSIINETCACHEI CONTENT.OUTL OOK135J3D02JIPOPCORN WAGON LEASE-A122118.DOCX January 8, 2019 - Page 49 of 95 contesting such property taxes. Notwithstanding anything to contrary herein, Lessee may contest any tax assessment as provided by law. B. Partial Years. If property taxes are assessed for a tax year extending beyond the term of the Lease, the obligation of Lessee shall be proportionate to the portion of the Lease term included in such year. ARTICLE 6 — IMPROVEMENTS A. Additional Improvements. Lessee shall not, without first obtaining the written consent of Town, make any alterations, additions, or improvements, in, to or about the Premises. B. Liens. Lessee shall not suffer or permit any mechanic's liens or claims to be filed against the Premises by reason of work, labor, service or materials supplied or claimed to have been supplied to Lessee. Nothing in this Lease shall be construed as constituting the consent of the Town, expressed or implied, to any contractor, subcontractor, laborer or material supplier for the performance of any labor or the furnishing of any materials for any improvement or repair of or to the Premises. Nothing in this Lease shall be construed as giving Lessee any right to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's lien or claim against the Town's interest in the Premises. If any mechanic's lien or claim is filed against the Premises, Lessee shall cause the same to be discharged within 30 days. ARTICLE 7 — INDEMNIFICATION Lessee agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Lease or the Premises, unless caused by the negligence of the Town. This indemnification shall survive the expiration or termination of this Lease. ARTICLE 8 — INSURANCE A. Coverages. Throughout the term of this Lease (and after its expiration or termination as appropriate), Lessee shall procure and maintain, at its sole cost and expense, all of the following insurance: 1. Comprehensive broad form general public liability insurance in common use for commercial structures with extended coverage endorsement protecting the Town and Lessee and covering the Premises, common areas, and parking areas and sidewalks located adjacent to the Premises and Lessee's use thereof against claims for personal injury, death and property damage occurring upon, in 3 1/3/2019 C: IUSERSI TNA GELIAPPDATAILOCAL IMICROSOFTI WINDOWSIINETCACHEI CONTENT.OUTL OOK135J3D02JIPOPCORN WAGON LEASE-A122118.DOCX January 8, 2019 - Page 50 of 95 or about the Premises, such insurance to afford protection to the limit of not less than $2,000,000 combined single limit. The insurance required under this Section shall, in addition, extend to any liability of Lessee arising out of the indemnities provided for in Article 7. 2. Workers' compensation insurance covering all employees, in the amounts required by law. B. Form. All policies shall be issued by solvent and responsible insurance companies licensed to do business in the State of Colorado. Each policy shall be issued in the names of the Town and Lessee. The commercial policy shall be written as a primary policy which does not contribute to and is not in excess of coverage carried by the Town. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Lessee. Lessee shall be solely responsible for any deductible losses under any policy. ARTICLE 9 — DEFAULT A. Event of Default. The failure by Lessee to comply with any provision of this Lease shall constitute a default of this Lease. B. Remedies. Upon a default, the Town may re-enter and take possession of the Premises (after appropriate court proceedings), without terminating this Lease, and sublease the Premises, holding Lessee liable for the difference in the rent. In addition, the Town may take any action at law or in equity to enforce performance of any obligation of Lessee under this Lease. The Town's remedies shall be cumulative, and the exercise of one remedy shall not prevent the exercise of any other available remedy. C. Attorney Fees and Costs. If the Town brings suit to enforce any provision of this Lease or for recovery of the Premises, the Town shall be entitled to all costs incurred in connection with such action, including reasonable attorney fees. ARTICLE 10 — MISCELLANEOUS A. Integration. This Lease constitutes the entire agreement between the Parties, superseding all prior oral or written communications. B Severability. If any provision of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 4 1/3/2019 C: I USERSI TNAGEL I APPDATAI LOCAL I MICROSOFTI WINDOWSIINETCACHEICONTENT. OUTLOOK135J3D02JIPOPCORN WAGON LEASE -A 122118. DOCX January 8, 2019 - Page 51 of 95 C. Governing Law and Venue. This Lease shall be governed and construed in accordance with the laws of the State of Colorado, and any legal action arising out of this Lease shall be brought in Eagle County, Colorado. D. Notice. Any notice under this Lease shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Lease. E. Successors. This Lease shall inure to the benefit of and be binding upon the Town and Lessee and their respective heirs, successors, representatives, administrators, executors and devisees; provided that Lessee shall not assign this Lease or sublet the Premises or any part thereof. Any attempted assignment or subletting shall be deemed void and of no effect. F. Assignment and Subletting. Lessee shall not assign this Lease or sublet any portion of the Premises without the prior written consent of the Town. Any such assignment or subletting without the Town's consent shall be void. G. Inspection of Records. The Town shall have the right, upon reasonable notice to inspect the records of Lessee, including financial records, if said inspection is reasonably related to this Lease or to a business or municipal purpose of the Town. H. No Waiver. A failure of a Party to enforce any term of this Lease shall not be deemed to be a waiver of any other term of this Lease. Subordination. This Lease is and shall be subordinated to all existing and future liens and encumbrances against the Premises. J. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Lease, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Lease. K. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. L. No Third -Party Beneficiaries. There are no intended third -party beneficiaries to this Lease. 5 1/3/2019 C: I USERSI TNAGEL I APPDATAI LOCAL I MICROSOFTI WINDOWSIINETCACHEICONTENT. OUTLOOK135J3D02JIPOPCORN WAGON LEASE -A 122118. DOCX January 8, 2019 - Page 52 of 95 IN WITNESS WHEREOF, the Parties have executed this Lease on the Effective Date. ATTEST: Tammy Nagel, Town Clerk STATE OF COLORADO COUNTY OF TOWN OF VAIL, COLORADO Greg Clifton, Town Manager PRIMAPRONTO 1, INC. ) ss. Subscribed and sworn to before me this day of 2018, by as of Primapronto 1, Inc. My Commission expires: Notary Public 6 1/3/2019 C: I USERSI TNAGEL I APPDATAI LOCAL I MICROSOFTI WINDOWSIINETCACHEICONTENT. OUTLOOK135J3D02JIPOPCORN WAGON LEASE -A 122118. DOCX January 8, 2019 - Page 53 of 95 UNE L1 L2 L7 LB EXHIBIT POPCORN WAGON ON LINE TABLE 9.13 14.85 5.00 5.00 8.50 0 N81°03'11'E S81°03'1119 S81'03'1119 _OT H P_AZA LODGE CONDOMINIUMS _0 I — OUTLINE OF EP WA EA T LOTJ BUILDING OUTLINE EXHIBIT THE POPCORN WAGON ON WALL STREET, TOWN OF VAIL STATE OF COLO 0 Page of 1 January 8, 2019 - Page 54 of 9E VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from December 8, 2018 ATTACHMENTS: Description December 8, 2019 TC Meeting Minutes TOWN OF 1 X41 January 8, 2019 - Page 55 of 95 Vail Town Council Meeting Minutes Tuesday, December 4, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Jen Mason Greg Moffet Members absent: Kim Langmaid Staff members present: Greg Clifton, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation There was no citizen participation. 2. Proclamations 2.1. Proclamation No. 10, Series of 2018, A Proclamation Declaring December 7, 2018, as "WhoVail Day"! Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail and Kirsten Dunn, Director of Public Relations and Communications Four Seasons Resort and Residences Vail. Each Council member read a sentence from the proclamation. Macfarlane the Four Season's GM, invited the community to come and enjoy the gingerbread house at the hotel. The grinch shared hot chocolate and cookies with the council members. 3. Appointments for Boards and Commissions. 3.1. Appoint Members to Commission on Special Events Mayor Pro Tem, Jenn Bruno, moved to appoint Barry Davis, Mark Gordon, Alison Wadey and Marco Valenti for a two-year term. Moffet second the motion passed 6-0. Council thanked all the applicants who interviewed with them during the afternoon session. Town Council Meeting Minutes of December 4, 2018 Page 1 January 8, 2019 - Page 56 of 95 4. Consent Agenda 4.1. Resolution No. 39, Series of 2018, A Resolution Amending and Approving a Mutual Release of Restrictive Covenant Amended and Restated Development Agreement Between the Town of Vail and Alejandro Gonzalez Cimadevilla Moffet made a motion to approve Resolution No. 39, Series of 2018. Foley seconded and the motion passed 6-0. 4.2. Resolution No. 44, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Regarding the Town of Vail Recycle Drop Site and Setting Forth Details in Regard Thereto. Moffet made a motion to approve Resolution No. 44, Series of 2018. Foley seconded and the motion passed 6-0. 4.3. Resolution No. 45, Series of 2018, A Resolution Approving the Purchase of Vail East Lodging Unit 2, 4233 Spruce Way, Vail CO. 81657. Moffet made a motion to approve Resolution No. 45, Series of 2018. Foley seconded and the motion passed 6-0. 4.4. TOV Fire Dept. Letter to USFS Re: Muddy Pass/Sheephorn Project Moffet moved to approve the letter to the USFS. Foley seconded and the motion was approved 6-0. 4.5. FCC Cable Franchise Letter Moffet moved to approve the FCC letter. Foley seconded and the motion was approved 6-0. 5. Town Manager Report Greg Clifton, Town Manager, reviewed his written report with council. Clifton noted employee vacancies in the IT Dept.; list of awards in the Fire Dept. and being fully staffed in the Community Development and the Police Department. Greg Hall, public Works Director, provided council with an update on the Red Sandstone Parking Structure. Hall requested permission from the council to allow the contractor to buy out level 3 and 4 of the structure for safety concerns while the school in under construction. Levels 1 and 2 would have 80 spaces available to Red Pass holders once the garage was ready t open. By a show of hands, all council members agreed to allow the contractor to buy out level 3 and 4 of the garage. 6. Presentations/Discussions 6.1. Update on Snow Days taking place December 13-16, 2018. Presenter(s): Mia Vlaar, Economic Director and Peggy Wolfe, Highline Action Requested of Council: No action requested. Informational only. Background: The Town of Vail, Vail Resorts, Highline, and community partners have come together to support a new and improved, large scale community wide event to stimulate demand and drive visitation in Vail from December 13 — 16, 2018. Town Council Meeting Minutes of December 4, 2018 Page 2 January 8, 2019 - Page 57 of 95 The Commission on Special Events funded Snow Days $30,000 in 2018 and the Vail Town Council funded an additional $270,000 in August 2018. This funding is in addition to Vail Resorts committing to fund $200,000 and provide additional sponsorships and marketing support. James Dieghan, Highline Sports and Entertainment, provided council an overview of Snow Days investment and ROI initiatives. The Commission on Special Events had provided $30,000 for Snow Days, plus $270,000 from the Vail Town Council. Vail Resorts has committed to fund $200,000 and provide additional sponsorships and marketing support. The event will be on December 13-16, 2018 with community partnerships from restaurants, merchants and retailers; celebrate snow extended event programming; A -List Talent Acquisition; and Lodging Partnerships. The four-day event would be beginning Thursday night with a bonfire at Golden Peak, headliner concerts on Friday and Saturday nights at Ford Park, & event activation. Initial occupancy reports over Snow Days weekend are already outpacing 2017 by over 9%. Dieghan noted this was the best collaboration between the Town, VR and his organization. Bruno complimented Dieghan and his team for their efforts and the occupancy levels. Foley complimented the team on the entertainment. There was no public comment. 6.2. CDOT 1-70 West Vail Pass Auxiliary Lanes Project Update. Presenter(s): Greg Hall, Public Works Director, John Kronholm CDOT Project Manager and Dick Cleveland, Vail Representative Action Requested of Council: Listen to the presentation and provide feedback Background: CDOT is conducting an environmental assessment and conceptual design for safety improvements, including installing auxiliary lanes on the eastbound and westbound lanes on 1-70 on the west side of Vail Pass, from MM 180 to MM 190.Improvements in this project study area were included as a part of the preferred alternative CDOT selected in the 1-70 Mountain Corridor Programmatic Environmental Impact Statement (1-70 PEIS, a tier 1 National Environmental Policy Act (NEPA) process). This presentation is an update of the progress to date and an invitation to a Public Meeting on December 13, 2018 from 4:30 to 6:30 at Donovan Pavilion. This meeting is critical to hear from the public regarding the potential impacts and mitigation required to eventually construct the project. Staff Recommendation: Provide initial feedback to CDOT and encourage the public to attend as well as Town Council members attendance at the Public Meeting December 13. Greg Hall, Public Works Director, stated this presentation was for information only. The purpose of the 1-70 West Vail Pass Auxiliary Lanes project was to improve safety and operations. John Kronholm, CDOT project manager, provided more details about widening the east bound and west bound roadways to 3, 12 -foot lanes and shoulder widths would. Kronholm stated by adding the third lanes would assist: • Speed differentials resulting in sideswipes and rear end crashes • Reduce the number of closures by allowing more width to maintain single lane traffic during incidents. • Allowing more room for driver correction. • Assist with steep grades and tight curves with high number of slow-moving vehicles. Town Council Meeting Minutes of December 4, 2018 Page 3 January 8, 2019 - Page 58 of 95 A public open house would be held on Dec. 13 from 4:30 to 6:30 pm at Donovan Pavilion for additional information about the project. The purpose for the open house is to provide the community with an update on progress since the February 2018 public meeting; gather public comments regarding the proposed action and to gauge public prioritization of core values related to design option refinement. Dick Cleveland, the Vail representative for the project, noted there are 16 bridges on this section of roadway, many of them would be impacted. He stated there would be impacts on water quality, wildlife, noise, light pollution and recreation. It would require multiple years of construction and encouraged the community to come to the open house to make it the best project it could be. Public comment was called. Michael Cacioppo asked about toll lanes and requiring truckers to stay in right lane. Public comment was closed. Moffet questioned what CDOT would do to protect our water and if CDOT would ever getting the funding for the project. Chapin urged citizens to contact legislative delegation and other state officials to request better, immediate solutions to reduce closures on Vail Pass. 7. Action Items 7.1. Ordinance No. 23, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, and Dispatch Services Fund. Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 23, Series 2018. Staff Recommendation: Approve or approve with amendments Ordinance No. 23, Series 2018. Carlie Smith, Financial Services Manager, reviewed the supplemental which requested an adjustment to the 2018 budget to reflect $4,649,780 of additional revenue and proposed an increase of $1,836,540 to expenditures. The $1,247,318 increase budgeted revenue would reflect actual collections in 2018 above and beyond the 2018 original budget. Budgeted revenue would also be adjusted by an increase of $380,978 which Smith stated was directly offset by corresponding expenditures. An overall increase in budgeted expenditures of $628,439 included the remaining $323,723 of expenditures: ✓ $270,000 Council Contribution to be transferred to the Marketing Fund for an elevated Snow Days event as approved on August 7th. ✓ $7,250 to begin live streaming the DRB and PEC meetings. ✓ $10,000 to restock bus schedule maps ✓ $25,418 for an audit of the town's telecommunication services accounts including land lines, data, internet, and wireless accounts. The audit will result in annual savings of $26,485. ✓ $11,055 in salaries ($8,305) and benefits ($2,750) for one winter seasonal maintenance worker and one fulltime winter maintenance worker paired with an irrigation worker. Both of these positions are included in the 2019 and the 2018 expenditure is to hire these positions in December. Additionally, Smith noted the Town received an out -of -cycle contribution request for $5,000 from the Vail International Hockey Association to help pay for an International trip to China. The donation would help cover ice time, evening entertainment, uniforms, and other group travel expenses. Smith stated though this request was not currently included in the first reading of the Town Council Meeting Minutes of December 4, 2018 Page 4 January 8, 2019 - Page 59 of 95 supplemental, and if Council supported the request it would be included in the 2nd reading on December 18th. The supplemental budget ordinance proposed to increase the Capital Projects Fund budgeted revenue by a total of $2.6 million. The original budget projected a five-year payback, but with VRA tax collections coming in higher than budget, the payback will span only three years. The 2018 expenditures supplement of $762,000. Included: • $350,000 from the 2019 budget to upgrade nodes and networking gear for the public "wi-fi" access system originally installed in 2014. • $312,000 was requested to be transferred to the Housing Fund for the purchase of a housing unit at East Vail Lodging (Unit 2) which would become part of the town's employee rental pool. • $100,000 was to upgrade the locking system at the municipal building entrances. The proposed budget adjustments would result in an estimated fund balance of $14.3 million by the end of 2018. Increasing the budgeted revenue of the Real Estate Transfer Tax (RETT) Fund Staff by $330,000 to reflect actual RETT collections during 2018. Budgeted revenues would also be adjusted by an increase of $172,384. This included grant revenues of $13,684 from the Nature Conservancy to help offset costs for the Intermountain Fuels project. The remaining $158,700 of revenue would be offset by corresponding expenditures including $8,700 for E -Waste Collection Day and $150,000 of donations for the Pete Seibert memorial statue "Pete's Dream". Smith stated to date $169,400 had been raised through community support. With the town managing the project funding, the full $300,000 project cost must be appropriated, with the donation revenue as an offset. The remaining $171,500 of expenditures included: • $75,000 to perform a wildlife mitigation and habitat improvement plan on the East Vail parcel. This would include an environmental assessment for the National Environmental Policy Act (NEPA). • $80,000 brought forward from the 2019 budget for design costs for the Nature Center remodel as approved by Council on September 18th. • $16,500 real estate transfer tax collection fee to be paid to the General Fund to correspond with increases in real estate transfer tax collections. Public comment was called. ❖ Mery Lapin, Vail International Hockey Club representative, stated this would be the 13th international trip for the players and the 6th trip to China. Lapin stated the trip was an opportunity for the local youths to interact with different cultures and promote the Town of Vail. Lapin stated there would be media covering this event. Moffet made a motion to adopt Ordinance No. 23, Series of 2018 upon first reading as presented. Bruno seconded the motion. Foley confirmed the current motion did not include the $5000 for the Vail International Hockey Club. The motion failed 3-3 (Foley, Mason and Coggin opposed). Bruno requested more information from the Vail International Hockey Club such as how many members are Vail residents. Bruno went onto say she did not agree the town should pay for kids to go on trips and kids should fundraise instead and offered the use of the Donovan Pavilion for such an event. Moffet agreed. Coggin disagreed and thought this was an opportunity to invest in the youth in the community. Mason confirmed there would be an opportunity during second reading to revisit this request. Town Council Meeting Minutes of December 4, 2018 Page 5 January 8, 2019 - Page 60 of 95 Moffet made a motion again to pass Ordinance No. 23, Series of 2018 upon first reading as presented. Bruno seconded and the motion passed 5-6 (Foley opposed). 8. Public Hearings 8.1. Ordinance No. 19, Series of 2018, Second Reading, An Ordinance Repealing and Reenacting Chapter 14 of the Vail Town Code, Regarding Short Term Rental Properties. Presenter(s): Kathleen Halloran, Finance Director and Johannah Richards, Sales Tax and Licensing Administrator Action Requested of Council: Approve or approve with amendments Ordinance No. 19, Series 2018 upon second reading. Staff Recommendation: Approve or approve with amendments Ordinance No. 19, Series 2018 upon second reading. Kathleen Halloran, Finance Director, provided council a short recap of Ordinance No. 19, Series of 2018 since the first reading on November 6, 2018. Halloran stated on November 13th town staff met the lodging/condotel group to gather more information. The ordinance and accompanying tiered fee structure would address many of the concerns that were voiced by both the property management representatives as well as recent input from the condo- tel/lodging community. • Any rental of a residential dwelling unit less than 30 days as a STR requires a registration. • Allowing "professionally managed" properties to be represented by a designated agent for the registration process and remittance of taxes. • Creation of an umbrella application for professionally managed units, so multiple properties can be registered under one application as long as information on each property is listed. • Decriminalization of violations of the STR Ordinance. This means that rather than issuing a summons to municipal court, there is a fine structure for unresolved complaints or violations of the ordinance. • Based on feedback from participating citizens, Council agreed to revise the ordinance to no longer require the property owner's name and contact information on the posting in the interior of the rental unit. The posting must still contain the contact information of the local representative. • A majority of Council agreed to the $150 per property/unit fee during the October 16th meeting, however based on feedback received from property managers and the condo -tel lodging community, council directed staff to implement a tiered fee structure. The proposed fee structure: ✓ $150 per unit fee for individually rented units ✓ A 50% discount ($75) per unit fee for professionally managed properties ✓ A 75% discount ($37.50) per unit fee for professionally managed properties with a 24/7/365 onsite manager ("condotels"). Fractional units will pay per unit, not per owner March 1, 2019. Halloran went onto say the ordinance amendments would become effective March 1, 2019. Public comment was called. • Bart Cuomo, property management, felt the fees are still too high. • Magda King, Antlers GM, thanked staff for their efforts. King stated there would be a hardship since the lodges did not budget for the registration fees. Town Council Meeting Minutes of December 4, 2018 Page 6 January 8, 2019 - Page 61 of 95 ❖ Matt Ivy, GM for Vail Racquet Club, agreed with King's statements concerning the hardship the ordinance would create for the lodging industry throughout town. Moffet made a motion to approve Ordinance No. 18, Series of 2018 upon second reading. Bruno seconded and the motion was approved 6-0. 8.2. Resolution No. 46, Series of 2018, A Resolution Establishing Fees for the Registration of Short -Term Rental Properties. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Resolution No. 46, Series 2018. Background: This resolution sets the fees for the annual registration of short-term rental properties. Staff Recommendation: Approve or approve with amendments Resolution No. 46, Series 2018. Kathleen Halloran, Finance Director, and Matt Mire, Town Attorney, reviewed briefly the resolution with council. The fees are to cover the costs of the program and are revenue neutral. Compared to other communities the fees being proposed are low. Moffet and Mason would like to see the proposed fees to be lowered. Bruno felt this was a way to create a system that is fair to all. Chapin expressed concern lowering the fees then raising them on a later date. Public comment was called. ❖ Triumph Mountain Properties representative says there shouldn't be a difference in the fee structure between professionally managed units with or without a front desk. ❖ Bart Cuomo stated the fees are unfair and should not be intended to support administrative costs. Moffet made a motion to approve Resolution No. 46, Series of 2018 with a change of a three - tiered fee structure to $5 for professionally managed STR providing onsite management services for 24 hours; $10 for professionally managed STR without onsite management services for 24 hours; and $37.50 for STR's managed by an owner without a professional property management firm. Coggin seconded the motion and it was approved 6-0. 8.3. Ordinance No. 21, Series of 2018, Second Reading, An Ordinance Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses and Liabilities of the Town of Vail, Colorado for its Fiscal Year January 1, 2019 through December 31, 2019. Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 21, Series 2018. Staff Recommendation: Approve or approve with amendments Ordinance No. 21, Series 2018. Town Council Meeting Minutes of December 4, 2018 Page 7 January 8, 2019 - Page 62 of 95 Kathleen Halloran, Finance Director, provided council a brief overview of the changes per Council's direction at the first reading on November 20`h • A reduction of $10,000 in the placeholder of $20,000 for an open-air community dinner outreach event to expand the Town Council's civic engagement activities. • Reduction of $20,000 in funding for the Red Sandstone Elementary STEM Lab that was requested as a part of annual Council Contributions. • $55,000 was added to the proposed budget to help fund the new HD Digital videoboard at Ford Park Amphitheater installed during 2018. • $400,000 capital expenditure has been requested by the Timber Ridge Operating Committee to mitigate rockfall hazards above Timber Ridge Apartments based on results of an updated assessment. • $20,000 that had been a placeholder for a laser or drone show to replace 4th of July fireworks was removed from the proposed budget. Public comment was called. ❖ Alan Kosloff, chairman of Bravo development committee, asked Council to help fund two performances of the Italian opera La Tosca coming to Vail this summer. • Michael Cacioppo requested the Council to withhold funding until there is an understanding for of Highline's policies such as of selling tables at Oktoberfest. ❖ Mike Imhof, Vail Valley Foundation, asked council to reconsider the full request for $110,000 for the HD digital videoboard at the amphitheater. ❖ Caitlin Murray, executive director of Bravo! Vail, additionally requested council to reconsider funding for the opera programming. ❖ Jeff Andrews, Vail Jazz, asked Council to reconsider the additional funding request for programming. Bruno made a motion to approve Ordinance No. 21, Series of 2018 upon second reading with removal of the $110,000 for the Colorado Classic and addition of the $400,000 for rockfall mitigation. Moffet seconded the motion and it passed 4-2 (Foley and Mason opposed). 8.4. Ordinance No. 22, Series of 2018, Second Reading, Ordinance Providing for the Levy Assessment and Collection of the Town Property Taxes Due for the 2018 Tax Year and Payable in the 2019 Fiscal Year. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 22, Series 2018. Background: The town is required by Colorado state law to certify the mill levy by December 15 of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 22, Series 2018. Carlie Smith, Financial Services Manager, quickly reviewed Ordinance No. 22 with Council stating there were no changes since first reading on November 20th Moffet made a motion to approve Ordinance No. 22, Series of 2018 upon second reading. Foley seconded the motion and it passed 6-0. Town Council Meeting Minutes of December 4, 2018 Page 8 January 8, 2019 - Page 63 of 95 There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 9:35 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Tammy Nagel, Town Clerk Town Council Meeting Minutes of December 4, 2018 Page 9 January 8, 2019 - Page 64 of 95 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from December 18, 2018 ATTACHMENTS: Description December 18, 2019 TC Meeting Minutes TOWN Of UAIL January 8, 2019 - Page 65 of 95 Vail Town Council Meeting Minutes Tuesday, December 18, 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 Tammy Nagel, Town Clerk Staff member absent: Patty McKenny, Assistant Town Manager 1. Citizen Participation There was no citizen participation. 2. Consent Agenda 2.1. Resolution No. 48, Series of 2018, A Resolution Approving an Art Installation Agreement Moffet made a motion to approve Resolution No. 48, Series of 2018. Foley seconded and the motion passed 7-0. 2.2. Resolution No. 49, Series of 2018, A Resolution Deferring the Regular Meeting of the Vail Town Council from January 1, 2019 to January 8, 2019 Moffet made a motion to approve Resolution No. 49, Series of 2018. Foley seconded and the motion passed 7-0. 2.3. Minutes from October 16, 2018 Moffet made a motion to approve October 16, 2018 meeting minutes with the correction to the cover page listing all council members were present at that meeting. Foley seconded the motion and it passed 7-0. 2.4. Minutes from November 6, 2018 Moffet made a motion to approve the November 6, 2018 meeting minutes. Coggin seconded the motion and it passed 7-0. Town Council Meeting Minutes of December 18, 2018 Page 1 January 8, 2019 - Page 66 of 95 2.5. Minutes from November 20, 2018 Moffet made a motion to approve the November 20, 2018 meeting minutes. Foley seconded the motion passed 7-0. 3. Town Manager Report Greg Clifton, Town Manager, reviewed his report and possible retreat dates with Council. Council agreed to February 20, 2019 for the retreat. 4. Action Items 4.1. Ordinance No. 24, Series of 2018, An Ordinance Amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, to Amend the Example Employee Housing Unit Calculation. Presenter(s): Ashley Clark, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 24, Series of 2018, upon first reading. Background: On October 3, 2017, the Vail Town Council adopted amendments to Section 12- 23-2, Employee Generation and Mitigation Rates, Vail Town Code, which established revised Employee Generation Rates by Type of Commercial Use. These changes included an increase in the number of employees per 1,000 feet of new net floor area for an eating and drinking establishment from 6.75 employees to 10.2 employees. In response to this change, a preexisting example provided in Section 12-23-2C must also be updated in order to be consistent with the changes made in 2017. There is no material change proposed to the existing policy. This ordinance will fix an error in the Town Code Staff Recommendation: The Community Development Department recommends that the Vail Town Council approve Ordinance No. 24, Series of 2018. Ashley Clark, Community Development Planner, stated there are no policy changes to the code. This ordinance was merely administrative. There was no public input. Moffet made a motion based upon the review of the criteria outlined in of Section III of the December 10, 2018 staff memorandum to the Planning and Environmental Commission, 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. Town Council Meeting Minutes of December 18, 2018 Page 2 January 8, 2019 - Page 67 of 95 4.2. Slifer Plaza Fountain Design Update and Request to Award Contract Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: Direct the Town Manger to enter into a design -build contract in a form approved by the Town Attorney with BrightView Landscape Development Inc. for the design and reconstruction of the Slifer Plaza Fountain in the amount of $1,343,806. Background: On September 4, 2018, Council directed staff to utilize the 2016 fountain design, with additional safety enhancements, as a natural fountain that anticipates play activities. The BrightView proposal for Design -Build Services for the Slifer Plaza Fountain includes design development and construction documents coordinated between landscape architects and fountain construction group to maximize value and constructability as well as fountain construction including removal and salvage for reuse of existing boulders, demolition of existing fountain basin and removal of existing pump and filter system, all required plumbing, pumps, filters, controls and electrical, construction of new fountain basin utilizing salvaged boulders, landscaping, irrigation, fountain start up, testing and warranty. Todd Oppenheimer, Capital Project Manager/Landscape Architect, presented to Council an updated design for the Slifer Plaza Fountain. Oppenheimer noted the new design was similar to the existing fountain, but improved the action of water and was safer for guests to use. The design showed an upper pool which cascaded to the lower pool and stone edges were flushed with the pavement. Langmaid asked about the surface of the fountain. Oppenheimer stated the surface is ruff making it not slippery when walked on. Foley confirmed everything would be replaced on the new fountain since the old fountain us leaking. Moffet confirmed the contract amount. Mason requested the contractor to be aware of the special events that would be occurring during construction. There was no public input. Moffet made a motion to direct the Town Manager to enter into a design build contract with BrightView Landscape and Development Inc in the amount of $1,343,806. Foley second the motion and it passed 7-0. 5. Public Hearings 5.1. Ordinance No. 23, Series of 2018, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Fund, Marketing Fund, Heavy Equipment Fund and Dispatch Services Fund. Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 23, Series 2018. Staff Recommendation: Approve or approve with amendments Ordinance No. 23, Series 2018. Smith reviewed Ordinance No. 23, Series of 2018 with council since the first reading confirming the $5,000 was not included for the Vail International Hockey Club and there were no changes. Town Council Meeting Minutes of December 18, 2018 Page 3 January 8, 2019 - Page 68 of 95 There was no public input. Langmaid asked about STEM lab funding requested from Red Sandstone. Bruno stated Council denied the funding in the 2019 budget because the Town had previously provided Red Sandstone a one time donation to initiate the program. Bruno noted Council offered the use of the Donovan Pavilion for fundraising efforts. Council discussed the $5000 request from the hockey club. Bruno pointed out the lack of Vail kids on the list traveling to China. Mason stated she would not support the $5k request after receiving several calls from citizens who complained about hockey club's for girls hockey. Langmaid made a motion to add a $20,000 award to Red Sandstone Elementary School to support its STEM lab. Foley second the motion and it passed 4-3 (Moffet, Bruno, Chapin opposed). There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed (7-0) and the meeting adjourned at 6:39 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Tammy Nagel, Town Clerk Town Council Meeting Minutes of December 18, 2018 Page 4 January 8, 2019 - Page 69 of 95 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report PRESENTER(S): Greg Clifton, Town Manager ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 January 8, 2019 - Page 70 of 95 TOWN OF511.) 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - Jan 8th TOWN COUNCIL MEETING TOPICS Meetings Update Civic Area Planning Update Update on Bighorn Sheep Study Budget Message Housing Summit Town Hall Renovations Staff Updates Holy Cross Franchise Meetings Update Town Manager's Office 970.479.2106 970.479.2157 fax Vail Homeowners Association The annual meeting occurred in Town Hall, Conference Room, on December 27th. I spoke to the group on a myriad of topics, including parking, housing, budget, open meetings and transparency, emerging technologies, wildfire preparedness, and sustainability. It was a small but engaged group and the meeting went well. Eagle River Water and Sanitation District Linn Brooks and I met on January 2nd to discuss a number of topics and ideas. It was very productive. It would be beneficial to structure a joint work session between the District Board and the Town Council, likely to occur mid -spring. Topics may include the needed improvements related to irrigation at Ford Park, the proposed 1-70 auxiliary lane project, and related. CML The Executive Board met in Denver on December 14th. We reviewed resume submittals to fill the directorship position being vacated by Sam Mamet. As noted in the last report, actual interviews will be occurring at the CML facility in Denver on January 11th. Also as noted previously, we have extended an invitation to Sam Mamet to attend your second meeting in February, largely for the purpose of thanking him for his 40 years of service to the League. Details to follow. CC4CA Representing the Town of Vail, I have assumed the chair position for the Steering Committee in 2019. The coalition has grown to 23 municipalities and counties, with the City of Longmont considering to join at their February Council meeting. The Steering Committee meets every other month. The schedule should be manageable. Etc. The annual Public Works Holiday Lunch occurred prior to the Holiday season. And it was very well attended. Thanks to Susie Hervert, Dave Richardson, and others for putting it together. January 8, 2019 - Page 71 of 95 Civic Area Planning Update From our Community Development Department: The Civic Area Plan master plan effort kicked off last month with a well -attended public open house on December 11th and the launch of a new web -based public engagement tool, www.EnqageVail.com. The site offers opportunities for the public to take part in surveys, discussions and provides on-line information - sharing throughout the planning process. To help get the conversation started, the town has invited community members and all who love Vail to visit engagevail.com, register, and take a short survey. In the three week time period between December 10th and Jan 2nd engagevail.com has received 439 site visits, 150 new registered users, and 66 completed surveys. The survey will close on Friday, January 25. In the meantime, the project team will continue to market and update the engagevail.com site. In addition to this robust web -based engagement platform, the project team have reached out to many stakeholder groups including; Vail Recreation District, Dobson Ice Arena, Vail Public Library, Vail Economic Advisory Committee, Vail Local Marketing District, Vail Chamber & Business Association, Commission on Special Events, Eagle River Youth Coalition, and will continue to have on-going conversations with adjacent property owners including; Vail Resorts, Vail Health, Evergreen Lodge, Vail International, and Lodge at Lionshead III. After this first window of public engagement, the project team will present the survey results along with recommended next steps to Council on February 19. A second window of public engagement will then open and run through March. The second window will engage the public with more probing questions based on the initial feedback received during the first window and will begin to shape the direction of the Civic Area Plan. The second window of public engagement will provide a basis for development scenarios and include analysis of master plan level programming anticipated to be reviewed late this spring and early summer. Update on Bighorn Sheep Study From our Sustainability Team: The second meeting for the East Vail bighorn sheep habitat improvement project is scheduled for the afternoon of Jan. 11th. The agenda will include a presentation by wildlife biologists on the purpose, need, history, and recommended actions on town -owned, USFS, and privately held land. Action items will likely include hand cutting, timber stacking, pile burning, broadcast burning and fertilization. Due to the government shutdown, critical members of the USFS may not be in attendance. Staff will continue work to prepare the appropriate NEPA documents in hopes that we are able to work with our agency partners again soon. Town Manager's Report Page 2 January 8, 2019 - Page 72 of 95 Town Hall Renovations New chairs have arrived and now adorn the Town Council Chambers. Together with the acoustic panels, we are hoping that the meeting room is becoming more suitable for the large volume of Town business that occurs in the venue. The old chairs are finding a new home. Related, the area across the hall from the Chambers, inclusive of the reception area and administrative offices, will be having a bit of a facelift beginning January 16th. The small renovation will consist of walls being painted, new carpet, new office furniture and desks, and perhaps most importantly, modification of the solid doors to include semi -transparent glass. This is being conducted internally, with great thanks extended to John King and the Public Works facilities crew. The renovations should span about three weeks. The Assistant Town Manager and Town Clerk's office will be temporarily relocated to the Community Development building while the Finance Director and Finances Services Manager will be relocated downstairs of the municipal building. This will allow staff to continue to provide excellent customer service to our citizens and guests. And on the topic of Town Hall, we were again treated to the talents of our local 4th grade school kids who came to carol prior to the Holidays. They were bussed in from the temporary facilities in Minturn. We of course returned the favor with lots of candy. Budget Message We are currently working on the Budget Message which will be completed in the near term, inclusive of a narrative of important budget trends and projections, a quick summary of important capital projects, and other significant items. The intent is to provide this in a very easy -to -ready format. The Message will be part of the entire Budget Document. Housing Summit Pasted below is the announcement for the upcoming U.S. Mountain Community Summit. George Ruther with the Housing Department has been working with the other hosting stakeholders to put the three-day conference together. It looks to be an impressive line-up of topics and events, and quite relevant. As a co- sponsor of the event, the Town will be receiving two complimentary tickets to the Summit. Additional budget is available if others are interested in attending. Town Manager's Report Page 3 January 8, 2019 - Page 73 of 95 VAIL, COLORADO = S: MO NtAINtOMMUNITY SUMMIT VAILRESORTS L 146 +tlea TOWN OF Mil U.S. Mountain Community Summit Vail Hosts Discussions on Workforce Housing with Apxl The inaugural U.S. Mountain Community Summit will commence in Vail, Colorado for three days of solutions -based presentations to address the affordability gap in resort -based mountain towns. The 2019 event will focus on workforce housing and kicks off at The Lodge at Vail on January 14-17, 2019. In collaboration with Vail Resorts®, the Town of Vail, RCLCO, and Vail Valley Partnership, the summit brings together private and public sector stakeholders from 26 mountain communities, including real estate developers, land planners, business leaders and impact investors dedicated to community building in U.S. Mountain Regions and beyond. Please find the invitation link and website below for up-to-date information and programming. The event is limited to 100 attendees, so be sure to reserve your spot in advance. U.S. Mountain Community Summit Invitation Link Staff Updates IT Department On Dec 13th we began recruitment for our Director of Information Technology. We received over 170 applications for the position (!), including qualified internal and external candidates. Similar to other department head recruitment processes, we are currently compiling a hiring panel to help with the selection and review of applications. The panel will include leadership from the Town of Vail, as well as a technology advisor from a neighboring organization (Eagle County). An initial round of phone interviews will occur over the next few weeks with in-person interviews for select candidates to take place in mid February. Stay tuned ... below is a pasted excerpt of the process: Town Manager's Report Page 4 January 8, 2019 - Page 74 of 95 TOWN OF VAILJ 75 South Frontage Road Went Vail, Colorado 81657 vailgov.com Human Resources, Safety & Risk Management 970.479.2100 970.479.2470 fax Town of Vail Director of Information Technology Recruitment Process Update for Selection Committee Selection Committee Greg Clifton, Town Manager, Town of Vail Patty McKenny, Assistant Town Manager, Town of Vail Greg Hall, Public Works Director, Town of Vail Dwight Henninger, Police Chief, Town of Vail Krista Miller, Human Resources, Safety & Risk Director, Town of Vail Brandon Williams, Innovation & Strategy Manager, Eagle County Government IT team members interested Resources Job Description Recruitment Brochure Recruitment Process Review Applicants 1. Current —January 15: Human Resources review applications (170+) and phone screen candidates to gather additional information. 2. Send selection committee spreadsheet of qualified applicants and resumes to review. 3. Selection Committee meets to review qualified candidates and provide input to select the finalist to interview. Possible dates: January 15th, 17th, IBM or21sf. Provide your availability here (Doodle Poll) Interview Process 1. Invite top candidates for interview in Vail, CO. Target date to send invitations to candidates, January 23, 2018. 2. Interviews iews fo r top candidates February S`" — 15t°. Please provide yo ur availability here (Doodle Poll) Interns We will have two high school seniors from Cascia Hall Preparatory School joining us for a month-long internship / career exploration program at the Town of Vail. We are excited to welcome the students (residents of East Vail) and use this experience as potential framework for future programs. The two students will receive an overview of the Town of Vail municipal operations while working on projects with our Welcome Center, Environmental team, HR and GIS during their time. Additionally, they will be provided with job shadowing opportunities across many departments (ex: Police, Public Works) and a schedule of public meetings to attend. The students will be working with us from January 7th through the 31st Town Manager Out of Office I will be out of the office while participating in a photography workshop overseas, and this will occur the last two weeks of January. Unfortunately, it will cause me to miss the second Town Council meeting in January, which fortunately will have a very light agenda. On the positive side, my absence will coincide with office renovations that will be occurring during this time frame (see above). Town Manager's Report Page 5 January 8, 2019 - Page 75 of 95 Town Manager's Report Patty McKinney will be acting Town Manager in my absence, with Chief Henninger filling in during a period from January 16th through 20th. I will return on January 30th. While away, I will only be reachable by email, and please allow for some response time. Thank you, and I apologize for any inconvenience. Directors Retreat See below agenda for our Director's Retreat scheduled for January 9th at the Clubhouse. As you will see, the bulk of this retreat is dedicated toward preparation for the Council retreat in February. TOWN Of VAIL DEPARTMENT DIRECTOR RETREAT 1 JANUARY 9, 2019 AGENDA Location: Vail Golf & Nordic Clubhouse Time: 10:00 am until 2:00 pm Schedule: 10:00 AM — 10:15 AM 10:15 AM — 10:45 AM 10:45 AM — 11:15 AM 11:15 AM — 11:30 AM 11:30 AM — 12:30 PM 12:30 PM — 2:00 PM Agenda Review and Intro Fleet Vehicle Policy Emergency Planning Organizational Updates Buffet Lunch Department's Action Plan Review Council Retreat scheduledfor Feb 20, 2019, Grand View Greg Clifton, TM Greg Clifton, TM Police & Fire Greg Clifton, TM Department Director Team Holy Cross Franchise The next meeting with Holy Cross staff will be occurring on January 10th in my office. A draft of the new agreement has been forwarded, and will be circulated to interested Department Heads and Town Attorney. Stay tuned. Page 6 January 8, 2019 - Page 76 of 95 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 24, Series of 2018, Second Reading, An Ordinance Amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, to Amend the Example Employee Housing Unit Calculation. PRESENTER(S): Ashley Clark, Planner ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 24, Series of 2018, upon second reading. BACKGROUND: On October 3, 2017, the Vail Town Council adopted amendments to Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, which established revised Employee Generation Rates by Type of Commercial Use. These changes included an increase in the number of employees per 1,000 feet of new net floor area for an eating and drinking establishment from 6.75 employees to 10.2 employees. In response to this change, a preexisting example provided in Section 12-23-2C must also be updated in order to be consistent with the changes made in 2017. There is no material change proposed to the existing policy. This ordinance will fix an error in the Town Code STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approve Ordinance No. 24, Series of 2018. ATTACHMENTS: Description Staff Memorandum Ordinance 24, Series of 2018 Memo to PEC 12/10/2018 Draft PEC minutes 12-10-2018 January 8, 2019 - Page 77 of 95 (°)TOWN of vain TO: Vail Town Council FROM: Community Development Department DATE: January 8, 2019 Memorandum SUBJECT: Second reading of Ordinance No. 24, Series of 2018, an ordinance for a Prescribed Regulations Amendment to Section 12-23-2 Employee Generation and Mitigation Rates, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to update the example employee housing unit calculation for consistency with changes adopted by Town Council in Ordinance 12, Series of 2017. Applicant: Town of Vail Planner: Ashley Clark I. SUMMARY On October 3, 2017, the Vail Town Council adopted amendments to Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, which established revised Employee Generation Rates by Type of Commercial Use. These changes included an increase in the number of employees per 1,000 feet of new net floor area for an eating and drinking establishment from 6.75 employees to 10.2 employees. In response to this change, a preexisting example provided in Section 12-23-2C must also be updated in order to be consistent with the changes made in 2017. There is no material change proposed to the existing policy. This ordinance will fix an error in the Town Code. On December 10, 2018, The Planning and Environmental Commission (PEC) held a properly noticed public hearing on this item. The PEC forwarded a unanimous recommendation of approval to the Vail Town Council for adoption of the propose ordinance. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 24, Series of 2018, upon second reading. January 8, 2019 - Page 78 of 95 III. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The PEC finds the prescribed regulation amendment furthers the general purposes of the zoning regulations are for "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". This text amendment is intended to advance these purposes by providing consistency within the regulations and provide clear direction for development in how to calculate the correct commercial linkage fee. The PEC 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 The PEC finds that the proposed text amendment would provide a correct and consistent example of how to calculate the commercial linkage fee and reflect the Town of Vail's most recent policy update from October 3, 2017, where Town Council approved changes to how the employee generation and mitigation rates are calculated. The PEC 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 The existing example in the text is no longer correct and needs to be changed to provide an accurate example. The PEC 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 PEC believes the proposed text amendment is intended to provide consistency Town of Vail Page 2 January 8, 2019 - Page 79 of 95 with the existing regulations for employee generation and mitigation rates, and is therefore seeking to provide a harmonious, convenient and workable relationship among land use regulations consistent with municipal development objectives. The PEC 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 amendments IV. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No. 24, Series of 2018, upon second reading, the Community Development Department recommends the Council pass the following motion: "The Vail Town Council approves, on second reading, Ordinance No. 24, Series of 2018, an ordinance amending Section 12-23-2 Employee Generation and Mitigation Rates, Vail Town Code, in order to update and provide consistency with the changes adopted by Town Council in Ordinance 12, Series of 2017,and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 24 Series of 2018, the Community Development Department recommends the Council make the following findings: "Based upon the review of the criteria outlined in of Section 111 of the December 10, 2018 staff memorandum to the Planning and Environmental Commission, 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." V. ATTACHMENTS A. Ordinance No. 24, Series of 2018 B. Staff Memorandum, PEC18-0040, December 10, 2018 C. Draft PEC Minutes, December 10, 2018 Town of Vail Page 3 January 8, 2019 - Page 80 of 95 ORDINANCE NO. 24 SERIES OF 2018 AN ORDINANCE AMENDING SECTION 12-23-2, EMPLOYEE GENERATION AND MITIGATION RATES, VAIL TOWN CODE, TO AMEND THE EXAMPLE EMPLOYEE HOUSING UNIT CALCULATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on October 3, 2017 the Vail Town Council adopted ordinance No. 12, Series of 2017 amending Commercial Linkage requirements in the Town of Vail; WHEREAS, the existing example in Section 12-23-2, Paragraph C, Vail Town Code, is obsolete and needs to be updated to reflect current commercial linkage requirements in Table 23-1. WHEREAS, amending the regulations will provide consistency within the section and accurately reflect the calculation required to determine the employee housing mitigation for eating and drinking establishments. WHEREAS, on December 10, 2018 the Town of Vail Planning and Environmental Commission held a property noticed public hearing and reviewed and forwarded a recommendation of approval to the Vail Town Council for the proposed text amendments to the Zoning Regulations; WHEREAS, on December 18, 2018 the Vail Town Council held a property - noticed public hearing on the proposed amendments to Section 12-23-2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-23-2: Employee Generation and Mitigation Rates, Vail Town Code, is hereby amended as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.) A. The employee generation rates found in table 23-1, "Employee Generation Rates By Type Of Commercial Use", of this section, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine the applicable employee generation rate by consulting the Town's current nexus study. 1 January 8, 2019 - Page 81 of 95 TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type Of Use Employee Generation Rate Accommodation unit/ limited service lodge unit 0.6 employee per net new units Business office and professional office (including real estate and property management office) 3.2 employees per 1,000 feet of new net floor area Conference facility 0.8 employee per 1,000 feet of new net floor area Eating and drinking establishment 10.2 employees per 1,000 feet of new net floor area Health club 0.96 employee per 1,000 feet of new net floor area Retail storeipersonal service/repair shop 2.4 employees per 1,000 feet of new net floor area Spa 2.1 employees per 1,000 feet of new net floor area B. If an applicant submits competent evidence that the employee generation rates contained in table 23-1 of this section or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to table 23-1 of this section, or the nexus study, in accordance with the requirements of this chapter. For example, for a development proposing two thousand five hundred (2,500) square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ([2,500 square feet . /1,000 square feet] x [B,7-5] 10.2) = 16.875 25.5 new employees generated 16.875 25.5 new employees generated x 20% - 3.375 5.1 employees to be housed Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 2 January 8, 2019 - Page 82 of 95 Section 4. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of December, 2018 and a public hearing for second reading of this Ordinance set for the 8th of January, 2019 in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 8th day of January, 2019. ATTEST: Tammy Nagel, Town Clerk 3 Dave Chapin, Mayor January 8, 2019 - Page 83 of 95 TOWN ofe TO: Planning and Environmental Commission FROM: Community Development Department DATE: December 10, 2018 Memorandum SUBJECT: A request for a recommendation to the Vail Town Council to update Section 12-23-2 Employee Generation and Mitigation Rates, Vail Town Code, for consistency with changes adopted by Town Council in Ordinance 12, Series of 2017. Applicant: Town of Vail Planner: Ashley Clark I. SUMMARY On October 3, 2017, the Vail Town Council adopted amendments to Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, which established revised Employee Generation Rates by Type of Commercial Use. These changes included an increase in the number of employees per 1,000 feet of new net floor area for an eating and drinking establishment from 6.75 employees to 10.2 employees. In response to this change, a preexisting example provided in Section 12-23-2C must also be updated in order to be consistent with the changes made in 2017. There is no material change proposed with this request; this request is an administrative update. II. DESCRIPTION OF REQUEST The Community Development Department is requesting that the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for an amendment to Section 12-23-2C, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the update of the example to be consistent with Table 23-1. The proposed amendment is as follows (text to be deleted is in strikethrough, text that is to be added is bold. Sections of text that are not amended have been omitted.): A. The employee generation rates found in table 23-1, "Employee Generation Rates By Type Of Commercial Use", of this section, shall be applied to each type of use in a commercial development. For any use not listed, the Administrator shall determine January 8, 2019 - Page 84 of 95 the applicable employee generation rate by consulting the Town's current nexus study. TABLE 23-1 EMPLOYEE GENERATION RATES BY TYPE OF COMMERCIAL USE Type Of Use Employee Generation Rate Accommodation unit+. limited service lodge unit 0.6 employee per net new units Business office and professional office (including real estate and property management office) 3.2 employees per 1;000 feet of new net floor area Conference facility 0.8 employee per 1:000 feet of new net floor area Eating and drinking establishment 10.2 employees per 1:000 feet of new net floor area Health club 0.96 employee per 1,000 feet of new net floor area Retail storeipersonal serviceirepair shop 2.4 employees per 1,000 feet of new net floor area Spa 2.1 employees per 1:000 feet of new net floor area B. If an applicant submits competent evidence that the employee generation rates contained in table 23-1 of this section or the nexus study do not accurately reflect the number of employees generated by the proposed commercial development or redevelopment and the Administrator finds that such evidence warrants a deviation from those employee generation rates, the Administrator shall allow for such a deviation as the Administrator deems appropriate. C. Each commercial development or redevelopment shall mitigate its impact on employee housing by providing EHUs for twenty percent (20%) of the employees generated, pursuant to table 23-1 of this section, or the nexus study, in accordance with the requirements of this chapter. For example, for a development proposing two thousand five hundred (2,500) square feet of new net floor area for an eating and drinking establishment, the equation would be as follows: ([2,500 square feet . /1,000 square feet] x [B,75] 10.2) - 16.875 25.5 new employees generated 16.875 25.5 new employees generated x 20% - 3.375 5.1 employees to be housed. III. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for "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 Town of Vail Page 2 January 8, 2019 - Page 85 of 95 of high quality". This text amendment is intended to advance these purposes by providing consistency within the regulations and provide clear direction for development in how to calculate the correct commercial linkage fee. 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 The proposed text amendment would provide a correct and consistent example of how to calculate the commercial linkage fee and reflect the Town of Vail's most recent policy update from October 3, 2017, where Town Council approved changes to how the employee generation and mitigation rates are calculated. 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 The existing example in the text is no longer correct and needs to be changed to provide an accurate example. 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 text amendment is intended to provide consistency with the existing regulations for employee generation and mitigation rates, and is therefore seeking to provide a harmonious, convenient and workable relationship among land use regulations consistent with municipal development objectives. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendments IV. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section 111 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 Town of Vail Page 3 January 8, 2019 - Page 86 of 95 regulation 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 Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, in order to update and provide consistency with the changes adopted by Town Council in Ordinance 12, Series of 2017, 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: "Based upon a review of Section 111 of the December 10, 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." Town of Vail Page 4 January 8, 2019 - Page 87 of 95 PLANNING AND ENVIRONMENTAL COMMISSION TOWS OF VAJL Y December 10, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order 1.1. Attendance Present: Ludwig Kurz, Pam Hopkins, John Ryan Lockman, Brian Stockmar, Karen Perez, Rollie Kjesbo and Brian Gillette Absent: None 2. Main Agenda 2.1. 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 Section 12-23-3, Employee Generation and Mitigation Rates, Vail Town Code, for consistency with changes adopted by Town Council in Ordinance 12, Series of 2017. (PEC18-0040) 10 min. Applicant: Town of Vail Planner: Ashley Clark Motion: Recommendation of Approval First: Gillette Second: Kurz Vote: 7-0-0 Clark - This is an Administrative matter. Staff found an inconsistency between the rate adopted in 2017 with the existing example in the code. Stockmar — I see no questions Public Comment — None January 8, 2019 - Page 88 of 95 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No.1, Series of 2019, An Ordinance Authorizing the Sale of Certain Real Property in the Chamonix Vail Development to STK, LLC for $875,000 PRESENTER(S): George Ruther, Housing Director ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2019 upon first reading BACKGROUND: In 2017, the Vail Town Council authorized the development of the Chamonix Vail Neighborhood in West Vail. Upon doing so, to maintain affordability of construction, a portion of the development site was reserved for future residential development. That portion of the site is legally described as Parcel D, of the Chamonix Vail Community plat. Upon completion of a real estate appraisal, the Vail Town Council authorized the town staff to submit the appropriate development application for review to facilitate the creation of Parcel E in preparation for a future sale. Parcel E is comprised of Parcel D and a small portion of Parcel A. A determination was made that it is more cost effective for the town to sell the property rather than attempting to build affordably on the site. The terms of the sale, however, do require the future development of at least one deed -restricted homes on the site. The Town of Vail has received a contract to purchase the property which includes a full price offer, and all other terms required by the Vail Town Council. ATTACHMENTS: Description Staff Memorandum Ordinance No. 1, Series of 2019 January 8, 2019 - Page 89 of 95 TOWN OF VAIL. Memorandum To: Vail Town Council From: George Ruther, Housing Director Date: January 8, 2019 Subject: Ordinance No. 1, Series of 2019 I. PURPOSE The purpose of Ordinance No. 1, Series of 2019, is to authorize the sale of certain real property in the Chamonix Development to STK Capital, LLC for $875,000. Pursuant to the Vail Town Charter, authorization from the Vail Town Council is required to sell town -owned real estate property. This action furthers the goals and priorities outlined in the Vail Town Council Action Plan 2018 — 2020. 11. BACKGROUND The Vail Town Council authorized the development of the Chamonix Vail Neighborhood in West Vail. In doing so, a development plan was established and the new neighborhood was built. During the design phase of the development it was determined that a portion of the site was challenging to build upon affordably and better suited for free-market residential development at a later date. Free-market development is permitted in the Housing (H) district. With that in mind, the Chamonix Vail Community Townhouse Plat was subsequently created, setting aside Parcel D for future development. On November 20, 2018, the Vail Town Council instructed the Housing Department staff to prepare and submit the development applications needed to facilitate the sale and subsequent residential development on Parcel D, pursuant to the provisions of the Housing (H) district. Further, the Town Council affirmed the terms of the sale of the property, including the sales price which based upon a recently completed real estate appraisal, and instructed staff to actively begin marketing the property for sale. Any sale would be contingent upon the Town's verification that an amended final plat had been recorded. An advertisement announcing the sale of the property ran in the Real Estate Section of the Vail Daily the week of December 17, 2018. Upon receiving four inquires to the advertisement the property went under contract for purchase. January 8, 2019 - Page 90 of 95 III. STAFF RECOMMENDATION The town staff recommends the Vail Town Council approves Ordinance No. 1, Series of 2019, on first reading. In forwarding this recommendation, the town staff finds the real estate contract meets or exceeds the terms affirmed by the Vail Town Council on November 20, 2018. Town of Vail Page 2 January 8, 2019 - Page 91 of 95 ORDINANCE NO. 1 SERIES 2019 AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY IN THE CHAMONIX DEVELOPMENT TO STK CAPITAL, LLC FOR $875,000 WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; and WHEREAS, the Town Council finds and determines that the sale of the real property shown as Parcel E on Exhibit A, attached hereto and incorporated herein by this reference to STK Capital, LLC (the "Property"), for $875,000, is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the Property to STK Capital, LLC for $875,000, under the terms of the Purchase and Sale Agreement dated December 17, 2018, which agreement is hereby ratified by this ordinance. The Town Manager is hereby authorized to sign all documents necessary to complete the sale of the Property, subject to approval of such documents by the Town Attorney. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. 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. 1 1/3/2019 C:I USERS\SBELLMIAPPDATAILOCAL\MICROSOFT\WINDOWSIINETCACHEICONTENT.OUTLOOK1988CG2XUIORDINANCE NO. 1 SERIES OF 2019 AUTHORIZATION TO SELL PARCEL E 01082019.DOCX January 8, 2019 - Page 92 of 95 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 8th day of January, 2019 and a public hearing for second reading of this Ordinance set for the 5th day of February, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of February, 2019. ATTEST: Tammy Nagel, Town Clerk 2 David Chapin, Mayor 1/3/2019 C:I USERS\SBELLMIAPPDATAILOCAL\MICROSOFT\WINDOWSIINETCACHEICONTENT.OUTLOOK1988CG2XUIORDINANCE NO. 1 SERIES OF 2019 AUTHORIZATION TO SELL PARCEL E 01082019.DOCX January 8, 2019 - Page 93 of 95 EXHIBIT A . • f PARC C s:nra y`x -11'57.3,3-"•147.1 sf. en ram CN N FCIAL 1 T 3 FINAL PLAT CHAMONIX VAI L COMMUNITY PARCEL E A RE5U5614151ON OF PARCEL D. CH40.4ONN VAIL COMMUNITY AND A RE5LJ6DIVIL ICN OF PARCEL A. A RE5L&36hT514N OF TRACT 6, A RESUE- _ _ _ . _ _ _ _ - - : FILING No. f TOWN OF VA _ GL%�'.: O= ;.0-L OF COLORADO .':. 'r�rrr 3 1/3/2019 C: I USERSI SBELLMIAPPDATAILOCAL I MI CROSOFTI WINDOWSIINETCACHEICONTENT. OUTLOOK1988CG2XUIORDINANCE NO. 1 SERIES OF 2019 AUTHORIZATION TO SELL PARCEL E 01082019.DOCX January 8, 2019 - Page 94 of 95 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment 6:40 p.m. (estimate) TOWN Of UAIL January 8, 2019 - Page 95 of 95