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HomeMy WebLinkAbout2015 Vail Town Council MinutesVail Town Council Meeting Minutes Tuesday, January 6, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk Mayor Daly opened the meeting with best wishes & happy new year to Vail's community and a welcome for the 2015 FIS Alpine World Championships. The first item on the agenda was Citizen Participation. Jonathan Levine addressed the council with two concerns: 1) there seems to be a delay in snow plowing services on the secondary streets; 2) there is a need for other commercial transportation services to help with the demand in the town and the region. He noted there are not enough services provided from the airport to Vail and he is concerned about the 2015 Championships and available services to meet the needs. Michael Cacioppo expressed concern about the time limit set for citizen participation noting the town has set the least amount of time for its citizens to be heard. The second item on the agenda was the Consent Agenda: 1. Resolution No. 1, Series of 2015, 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 Moffet moved to approve Resolution No. 1; Kurz seconded the motion and it passed unanimously (7-0). 2. Resolution No. 2, Series of 2015, Purchase of Vail Heights Unit 7, Phase 3 Bugby moved to approve Resolution No. 2; Rogers seconded the motion. Directions was given to staff to return with a proposal on how to use the purchased unit and set a time to review the town's housing master plan. At this time there Bugby amended the motion to include an inspection of the unit; Rogers seconded the revised motion. The motion passed unanimously (7-0). Town Council Meeting Minutes of January 6, 2015 Page 1 3. Minutes from December 2, 2014 Moffet moved to approve the minutes; Kurz seconded the motion and it was approved unanimously (7-0). 4. Minutes from December 16, 2014 Moffet moved to approve the minutes; Kurz seconded the motion and it passed unanimously (7-0). The third item on the agenda was the Town Manager's Report which included an update about skier numbers from Vail Resorts which shows numbers exceeded 19,900 skiers four times during the recent holiday timeframe. He cited an agreement executed in the nineties between VRI, Town of Vail and USFS that requires the ski company to report skier numbers more than 19,900 to these parties. It was noted a meeting has been scheduled in the coming week with the two agencies in an effort to further discuss the impacts of skier numbers and outcomes or resources required to provide the service levels. Town Manager Zemler noted the need for an updated agreement that would outline specifics about the role of each party with regard to resources and results. There were some updates presented about parking and transit services during the holiday season and it was noted there were no significant issues. There were no further comments from council or the public. The fourth item on the agenda was the 2015 FIS Alpine World Championships Security Plan Update presented by Dwight Henninger, Police Chief, who is also the Chair of the Security and Safety Committee appointed by the Local Organizing Committee. He reviewed several components of the 2015 Alpine World Ski Championship's public safety command structure, agencies, roles and responsibilities. He noted the agencies working together to create a friendly and safe event with professional service from the security team. His presentation addressed some of the following topics: ✓ Structure of the committees ✓ Identified special event objectives (balance between security & customer focus) ✓ Meeting since 2011 ✓ Identified partners including federal agencies ✓ Spoke about some of the accomplishments, challenges, schedules and security models followed ✓ Identified program for volunteer training ✓ Reviewed organizational chart and boundaries of the event ✓ Reviewed the critical information flow between the agencies and the role of some of those participating ✓ Spoke about the program called "see something / say something" ✓ Spoke about Parking with the listing of which lots will be used ✓ Spoke about transportation services and bus routes After some public criticism from Cacioppo and Levine, the Mayor, Town Council members and community member Charlie Calcaterra commended Henninger on his role with the 2015 security committee and outstanding and professional performance in general. The fifth item on the agenda was the Town of Vail as property owner's consent on a proposal from Gorsuch. The item was introduced by Mayor Daly who indicated there was a site visit which took place earlier during the work session. Jonathan Spence, Community Development Planner, then presented the Gorsuch request to proceed through the development process with a proposal to utilize the Town of Vail property for the purposes of the replacement of an existing retaining wall and guardrail and to accommodate eaves for a proposed building addition. It was noted because the property line location is in close proximity to the building, the applicant is Town Council Meeting Minutes of January 6, 2015 Page 2 requesting the use of Town of Vail property for the identified encroachments. There were comments from Town Council members as follows: ■ The request is only to allow for the applicant to move forward in the review process with an application to be reviewed by PEC and DRB. ■ Consider reviewing the current encroachment agreement which dates back 25 years ■ Ask Public Works to review the proposal in terms of drainage, snow removal, encroachments, etc. ■ Review benefits of using removable benches and retractable roof ■ Consider impacts of reducing the pedestrian way too much Mayor Daly asked for public input at this time, there was no public input. Moffet provided clarity that an approval does not provide any approval to their design or the idea that the additional encroachment is acceptable. He also requested a thorough review of the pedestrian -way dimensions. Daly agreed and indicated the approval today only allowed the applicant to move forward in the development review process. Mire confirmed the council reserves the right to say "no" later. Moffet moved to direct town staff to execute the development application on behalf of town council; Kurz seconded the motion and it passed unanimously. The sixth agenda item considered was an update on the 1-70 Vail Underpass Project & Optional Funding for Acrylic Noise Wall as presented by Tom Kassmel, Town Project Engineer. The question to address was whether the Town Council will fund the additional estimated $0.8 million for acrylic, IF the noise wall is supported by the benefiting receptors. For the record the 1-70 Vail Underpass is a proposed new multi -modal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under 1-70. CDOT, the Town of Vail, and the selected design consultant, Felsburg, Holt & Ullevig (FHU), have completed the preliminary design process based on the endorsed preferred location of the underpass. Also, as a result of the project's noise abatement report, a noise wall has been determined to be reasonable and feasible if supported by the majority of the Benefiting Receptors. The project team requested direction with regards to the following items: ■ Will the Town Council provide the additional estimated $0.8 million for an acrylic noise wall, IF the noise wall is supported by the benefiting receptors? ■ Based on the updated information provided by CDOT's proposed next steps and key decision points with regard to funding, how should this project proceed? Kassmel's presentation addressed a history of project, the benefits and project impacts, the project status (30% design completed), update about the open house which saw 30 participants, project cost estimates (see table presented in packet with estimates for 2 types of walls), and an update from the Colorado Transportation Commission's next steps on project evaluation in light of increased costs seen with more project. It was noted the underpass project has increased from $20.8 M to $29 M and the town's increase (without noise walls) would require an additional $2.4 M to the already $6 M funding required, if the split with CDOT remains the same at 71 % to 29%. Costs were reviewed with and without noise walls although Kassmel noted it is not yet time to determine a decision about funding until more design work is completed. He also spoke about the noise wall survey preference process and benefitting receptors. There was council input as follows: Moffet: concerned about use of mag chloride and impacts on appearance of an acrylic wall Bugby: concerned about impacts of cleaning products required to clean acrylic wall and impacts on Gore Creek Rogers: re-evaluate whether the project should even proceed as funding could be used for other capital projects that would benefit the broader community; too many variables that create uncertainty about using noise wall Town Council Meeting Minutes of January 6, 2015 Page 3 Kurz: consider the project that would support the long term benefits to the community and costs would only increase overall moving forward; look to international communities who have noise walls for ideas Chapin: supports the neighborhoods position and wouldn't support the acrylic materials for various reasons Bruno: concerned about losing the scenic views to the neighborhood and increased costs; supports what the neighborhood wants Daly: encouraged a very thorough and strategic review of both the sound wall and the project in general and noted the maintenance of the wall would be impactful and suggested looking internally to see what methods have been used Mayor Daly welcomed public input at this time and the following people gave input: 1. Mr. Maslek, Sunburst Drive resident, questioned the reduction levels as a result of a noise wall, suggested landscaping to create the barrier 2. Zach Cortina, resident, questioned the fact that a concrete barrier makes shadow which would then create ice so would prefer the acrylic materials 3. Janet Testwuide, resident, very concerned about the noise impacts on the neighborhoods, prefers to mitigate the noise and requested a review of reducing the interstate speeds 4. Bob Llewellyn, resident, spoke about the noise wall preference survey, questions about council's role in the survey, and thanked Rogers for her comments about re-evaluting the project as a whole due to the increased cost estimates 5. Jim Lamont, Vail Homeowners Association, supported thorough review of the walls, maintenance, prefers more information 6. Diane Johnson, resident, concerned about noise levels, supports the project, wants to ensure the neighborhood is represented 7. William Pierce, resident, expressed support for the acryclic wall since the noise issue needs to be addressed and the solution includes funding from CDOT as well 8. Charlie Calcaterra, resident, addressed including landscaping in front of the walls and noted Simba Run residents are generally not in support of the noise wall 9. Bob Parker, resident, supported the acrylic wall but values the views as one of the most important marketing points of the valley 10. Robin Birch, resident, suggested more review of the ideas of using a combination of materials for the wall, evaluate what others have done The seventh item on the agenda was a review of the 1-70 Vail Underpass Noise Wall Town Council Voting Process. In light of the fact the Town of Vail is a land owner of the new Lions Ridge Apartments (Timber Ridge), they are the majority Benefiting Receptor of the potential noise wall and will have 34% of all survey votes. At this time the question about "Will the Town of Vail participate in the Benefiting Receptor preference survey?" was reviewed. Kassmel noted the question will be limited to either supporting a noise wall or not supporting a noise wall; he also noted the survey is mandated by federal and state requirements. Council provided feedback on the question of whether or not to support the acrylic sound wall and generally the answers were 1) support of the acrylic wall (Kurz), 2) oppose the acrylic wall (Rogers, Chapin), or 3) keep options on the table (Bruno, Bugby, Moffet). After some further discussion, Rogers moved to participate in the survey process and respond to one question on the survey about whether or not there should be a sound wall, Bruno seconded the motion and it passed unanimously (7-0). The second questions about "if the Town participates, when and how will the Town of Vail make its decision?" was discussed. Bugby moved to allocate the votes for each member to vote for or against the wall; Moffet seconded, however the motions were withdrawn to allow for a presentation and further comments. Tom Kassmel presented some Town Council Meeting Minutes of January 6, 2015 Page 4 context to the survey process noting the town has 138 responses of the total 406 surveys tallied. Bugby moved to submit responses as a group with the majority counting for all responses; there was no second to this motion. Mayor Daly then asked for public input with members of the public with input that suggested voting as a group, voting on behalf of the community or on behalf of the tenants of the property, voting either up or down on the question. There was agreement to take public input on the matter on January 20 as well as fine tune the process for responding to the survey. The Town Attorney noted the need to vote as "one governing body." The eighth item on the agenda for consideration was First Reading of Ordinance No. 1, Series 2015, an Ordinance amending Sections 4-1-4, 4-3-1-2 and 4-3-2 of the Vail Town Code to clarify the Business License Fees for Short -Term Rentals within the Town and Requiring that Persons Offering Apartment Hotel, Lodging House, Guest House or Guest Ranch Lodging Services within the Town Must Post Their Sales Tax Account Number in all Advertisements. Kathleen Halloran, Finance Director, presented the background on the topic noting the Town Code currently requires bed and breakfast and short-term rental establishments to pay different business license fees that are calculated based upon the location of the business's management office. Certain bed and breakfast and short-term rental establishments are currently exempt from the Town's business license fees because such businesses maintain a management office outside the Town. She noted the revisions to amend the Town Code will require the payment of business license fees for all bed and breakfast and short-term rental establishments, regardless of where a business's management office is located. In addition, the code amendment will require all persons engaged in advertising of apartment hotel, lodging house, guesthouse, and guest ranch lodging services include a Town of Vail sales tax account number in all such advertisements. There was concern expressed by Bugby that the lodging community was not present and he moved to table the item. Moffet seconded the motion. Several council members were not concerned noting the ordinance process required two readings and a public hearing so there would be ample time for the lodging community to comment on the ordinance at the next meeting. The motion was revised to note the item be tabled for two weeks to the next meeting; Moffet seconded and the motion passed with a five to two vote (5-2; Rogers and Kurz — nay). The ninth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed unanimously, (7-0) and the meeting adjourned 9:20 p.m. Respectfully F Attest: • (� SEAj,AInd Daly, Mayor Patty Mc nn Town Town Council Meeting Minutes of January 6, 2015 Page 5 Vail Town Council Meeting Minutes Tuesday, January 20, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation. Jonathan Levine requested the town allow for additional kinds of transit services from the airport per his handout, and to do so in a normal regulatory manner. Michael Cacioppo also requested support from the town to allow for additional kinds of transit services and requested the members observe the congestion at the transportation center. He also spoke about free speech and the need to protect this civil liberty. He requested a longer timeframe in which to give public input; Mayor Daly noted a 3 minute time limit will be allowed during citizen participation. The second item on the agenda was the Town Manager's Report which highlighted the town's community meeting to be held March 31, 2015, and an afternoon meeting only on February 3, 2015 in order to allow council members and others to attend ceremonies for 2015 FIS Alpine World Ski Championships. The next item included an action from the earlier executive session held during the work session. Moffet moved to direct staff to obtain a valuation report for town -owned property in Phase 5 Village Inn and to prepare an ordinance to address current uses in town -owned stream tract areas. Kurz seconded the motion and it passed unanimously (7-0). The third item on the agenda was a presentation of strategies and policy options to reduce single use disposable bag waste in Vail. Kristen Bertuglia, Environmental Sustainability Manager, noted they are seeking Town Council policy direction for this topic. She began with an introduction of Mark Hoblitzell, the town's new Environmental Sustainability Program Coordinator. She shared a video with local community members highlighting the importance of environmental issues and thanking all those involved with this kind of programming. She introduced the Assistant Community Development Director from Town of Breckenridge, Mark Town Council Meeting Minutes of January 20, 2015 Page 1 Truckey, who attended to present their programming on plastic bags. His highlights included some of the difficulties and success of the program as follows: ✓ Program adopted in 2013 which included a 10 cent fee implemented in October 2014 ✓ Applies to all retail businesses in Breckenridge ✓ Worked closely with lodging community to develop messaging about the program for visitors & guests ✓ Purchase of recycled bags has served as great marketing tool ✓ Lodging community mostly supportive; retailers have had some issues but were allowed to keep some of the fees ✓ Were aggressive about messaging and marketing of the program ✓ Locals got on board very quickly and supportive of the program Michael Cacioppo questioned the town's survey process and associated the ban of plastic bags as a loss of freedom. Mayor Daly called for a five minute recess after Cacioppo' s comments. Additional public comment was taken from the following people who supported the town's effort: Billy Suarez, Bart Longworth, Stephen Connolly, Brian Rodine, Shawn Beruckman. Bertuglia highlighted the discussion which took place at the October 21st Council session when staff presented a draft ordinance and recommendation for a disposable bag waste reduction policy and highlighted staff recommendations that a disposable bag ordinance in Vail contain the following elements: 1. Combination ban on plastic/fee on paper 2. $0.10 fee on paper bags 3. Applicable to grocery stores only (over 3,500 sq ft) in year one (carryout bags only), with an optional phase-in of all retail stores in year two 4. Fee collected is designated to environmental education and waste reduction, a portion of which is retained by grocery stores for administration for a limited time 5. A reasonable timeline for implementation 6. Implemented in combination with a robust education and messaging program Council comments were heard at this time with Moffet and Bugby expressing concerns about the legislation but did indicate they would possibly support a ban without the fee. Chapin suggested phasing in a program and Rogers liked the program and would agree to phasing and monitoring to make changes if necessary. Kurz, Bruno and Daly also supported the programming as it speaks to Vail's priority of environmental sustainability, but they also wanted to support getting people to primarily using reusable bags. Straw poll voting indicated most council members favored a ban on single use plastic bags and a 10 cent fee on paper. They also supported a phased approach to implementation of a program applicable to only grocery stores first (by July 1) and retailers in a year or two. Some members preferred the fee collected be designated to pay for environmental education and waste reduction programs; it was agreed staff should return with more information on education and outreach programs. The fourth item on the agenda was First reading of Ordinance No. 1, Series 2015, an Ordinance amending Sections 4-1-4, 4-3-1-2 and 4-3-2 of the Vail Town Code to clarify the Business License Fees for Short-Term Rentals within the Town and Requiring that Persons Offering Apartment Hotel, Lodging House, Guest House or Guest Ranch Lodging Services within the Town Must Post Their Sales Tax Account Number in all Advertisements. Kathleen Halloran, Finance Director, presented the proposed legislation noting that during the December 2nd work session, Council reviewed staffs research and draft ordinance on a proposed business license requirement for "RBO's", or Rental by Owner properties, with the objective of improving compliance with the town's sales tax code and requiring this type of activity to Town Council Meeting Minutes of January 20, 2015 Page 2 contribute to the cost of marketing and special events the same way all Vail businesses do. The Town Code currently requires bed and breakfast and short-term rental establishments to pay different business license fees that are calculated based upon the location of the business's management office. Certain bed and breakfast and short-term rental establishments are currently exempt from the Town's business license fees because such businesses maintain a management office outside the Town. She spoke about staffs recommendation to creating a "Zone 3" category for these businesses. Currently, Zone 1 encompasses everything from the Cascade Village to Manor Vail on the south side of 1-70. Zone 2 is everything else (West Vail, Sandstone, East Vail, etc.). Regarding the base business license fee and per unit fee, Zone 1 and 2 pay different rates. This is based on a 25% reduction for Zone 2 businesses. Matt Ivy, Vail Racquet Club, commented on the ordinance and basis for the lodging community's support of the legislation which is primarily to obtain some equity in lodging and licensing for the industry. There was discussion about adding the need to get a license to those RBOs that have more than 14 days per year. The basis for the request from the lodging community and additional suggested revisions were provided by Bugby, such as: 1) keeping base fee in all zones the same amount of $325; 2) keeping base fee for units in home at the home occupation rate @ $150; and 3) consider keeping the per unit fee the same across zones. There was some discussion about how to make the revisions for first or second reading in light of the many suggestions provided. Mayor Daly accepted public input at this time. ✓ Michael Cacioppo expressed some confusion and asked for clarification as to how the regulation applies to travel agencies and management companies working with property owners. ✓ Kevin Foley supported the legislation reiterating their hopes of creating a level playing field in the industry. ✓ Stephen Connelly asked that the licensing correlate to a simple fee structure. There was agreement to make the revisions and come back with first reading of the ordinance at the next council meeting. The fifth agenda item considered was the Commission on Special Events (CSE) Appointment. Kurz moved to appoint Shenna Engleman to the CSE to fill the vacancy left by Nicole Whitaker. Moffet seconded the motion and it passed unanimously (7-0). It was noted the selection was based on the candidates who interviewed during the December process when new members were appointed due to expired terms. The sixth agenda item considered was an update on the Ford Park Lower Bench, Restroom, Playground and Betty Ford Way project with a request of the Town Council to award the construction contract to RA Nelson LLC in an amount not to exceed $1,258,500. Greg Hall, Public Works Director, requested the Town Council approve the revised project budget of $1.41 M and then enter into a construction contract with RA Nelson LLC in an amount not to exceed $1,258,500. It was noted the Ford Park Lower Bench project budget was $1.34M; however, the project costs received from the contractor were over the estimates by $68,380. He highlighted the specifics per the council packet memo noting cost increases were incurred despite staff eliminating the vegetated roof as well as the stone planter on West Betty Ford Way. There was some discussion with a request from Rogers to include pavers up to the Frontage Road on the west side of the park. Moffet moved to approve the revised budget of 1 AM and authorize the Town Manager to enter into a contract with RA Nelson not to exceed $1,258,500. The motion passed (6-1; Rogers — nay). Town Council Meeting Minutes of January 20, 2015 Page 3 The seventh agenda item considered was the 1-70 Vail Underpass Project — Noise Wall Preference Survey Decision-making Process. Tom Kassmel, Public Works Project Engineer reminded the public the Town of Vail as: 1) land owner of the new Lions Ridge Apartments (Timber Ridge) and representing the future tenants; and 2) land owner of the North Recreational Trail Bike Path that runs along the North Frontage Road, it has been identified as the majority Benefiting Receptor which will represent 34% of the final decision. The 69 Town of Vail surveys will represent the interests of the owner/occupants/users of these two facilities. If more than 50% of responding Benefiting Receptors are in support of the noise wall (which includes Savoy Villas, Breakaway West, Simba Run, Snow Fox, Telemark Townhouse, Vail Run) then the noise wall will become part of the project. If the noise wall is not supported by the responding Benefiting Receptors, then the project will move forward without the noise wall. At the January 6 Council meeting, the Council agreed to participate in the noise wall preference survey and now the decision is to determine the process of completing the surveys. The Council has 69 surveys to complete, which will each count twice. As discussed at the last Council session, the Council has two survey response options; in both options the Council is legally required to act as one body as outlined below: ✓ Majority Rule: the Council may choose to respond with all 69 survey responses either for or against the noise wall. This would be consistent with a typical Council action. The Council would act on the survey with a majority rule motion and vote to respond either for or against the noise wall. ✓ Split Rule: the Council may choose to respond with a split of the 69 survey responses. This would not be consistent with a typical Council action, but it is permitted. The Council would act on the survey with a motion that would specifically state the number of survey responses that will be for and the number of survey responses that will be against the noise wall. If the Council chooses to split the surveys it will be important to split the surveys in a manner that will allow each survey to be properly completed. The 68 Lions Ridge Apartment surveys could be split in a manner outlined below while the one bike path survey should be filled out by majority rule since there is only one. Mayor Daly asked for input on which option to use in their decision making process. Kurz favored majority rule and Rogers, Chapin, Bruno favored split rule noting various reasons for their preferences. Public input was welcomed at this time and both Charlie Calcaterra and Bob Llewelyn supported a split rule decision making process. Further discussion included comments about staying consistent with normal voting practices by using the majority rule or aligning with how the community would more closely weigh in on the topic by using the split rule decision making process. Rogers moved to support the split rule decision making process for the noise wall preference survey; Chapin seconded the motion and it passed. (5-2; Bugby and Daly — nay). The eighth item on the agenda was the 1-70 Vail Underpass Project — Noise Wall Preference Survey Decision. Prior to the decision being made, there were further comments about the preference for a noise wall as follows: Moffet supports noise walls but is concerned about escalating costs of the project Rogers aligns with public input from Pat Larsen's email to council and is not supportive of the noise wall Bugby supports the noise wall and effort of trying to lessen the impacts of 1-70 Chapin does not support the noise wall Bruno does not support the noise wall Kurz did not support a noise wall and is interested in knowing if CDOT would assist in funding it Daly was concerned about the rising costs of the project Town Council Meeting Minutes of January 20, 2015 Page 4 Public input included comments from the following people: 1. Rich Larsen was in opposition to the sound wall 2. Tracy Wong, Simba Run, opposed the noise wall 3. Carol Calcaterra opposed the noise wall 4. Bill Pierce, Simba Run, supported the noise wall 5. Charlie Calcaterra, opposed the noise wall In summary both Moffet and Bugby supported a noise wall while all other council members did not support a noise wall. In light of the council input, Moffet moved to cast 19 surveys in support of a noise wall and cast 49 surveys in opposition to a noise wall on behalf of the Timber Ridge property ownership. Bruno seconded the motion and it passed unanimously (7-0). Moffet moved to cast 2 surveys in opposition to a noise wall which represented the bike path ownership; Rogers seconded the motion and it passed unanimously (7-0). The ninth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed unanimously, (7-0) and the meeting adjourned 9:30 p.m. Attest: 9-'j�q �O Patty McKe—nrty, T Respe c#Uy ubmitted, Andy Daly, Mayo Town Council Meeting Minutes of January 20, 2015 Page 5 Vail Town Council Meeting Minutes Tuesday, February 3, 2015 2:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 2:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with comments from Jim Lamont who requested a review of lighting at Ford Park with a suggestion to update the lights with timers so that there is adequate lighting for users when necessary but also then to reduce the lighting during the late night hours. The second item on the agenda was a DRB/PEC update with no concerns or questions. The third item on the agenda was the consent agenda: 1) Resolution No. 6, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Transportation Regarding Vail - Bridge Road Structure Replacement; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 6; Kurz seconded the motion and it passed unanimously (7-0). The fourth item on the agenda was the Vail Valley Medical Center Master Plan Report to the Vail Town Council on the recommendations forwarded by the Planning and Environmental Commission regarding the adoption of the Vail Valley Medical Center Site Specific Redevelopment Master Plan (VVMC MP) and amendments to the Vail Land Use Plan. Additionally, a presentation on the proposed WMC MP was provided by the WMC team to familiarize the Town Council and public as to its format and contents with a focus on the 1) road map/review process, 2) overview of the WMC Master Plan, and 3) review of the PEC recommendations. George Ruther, Director of Community Development, Warren Campbell, Chief of Planning, Tom Braun, Braun and Associates, were presenters on this topic. The Vail Town Council was asked to continue the public hearing of Resolution Nos. 3 and 4, Series of 2015, to its March 17, 2015, public hearing. There was a review of the many community meetings held, the goals identified by WMC, the collaboration by many consultants, staff, boards, and community, and ultimately how the redevelopment will improve their services offered to the community. Mayor Daly opened the public hearing on this topic at this time. Town Council Meeting Minutes of February 3, 2015 Page 1 Tom Braun presented the basis for the redevelopment of the medical campus related to building space deficiencies, addressing parking issues, repurposing building locations and a conceptual plan was presented. There was a detailed review of the 13 town & community objectives that were identified in the process: 1. Provide for a future emergency air ambulance helipad on the hospital site. 2. Provide for adequate on site loading and delivery services which minimizes negative impacts on the neighborhood. Special consideration should be given to relocating this use to gain access to the WMC Campus from the South Frontage Road. 3. Address emergency vehicle circulation to and from the site. 4. Address patient and employee vehicle circulation with an emphasis on use of the South Frontage Road for primary access. 5. Minimize the number of vehicle trips on West Meadow Drive to improve the pedestrian experience along the street. 6. Provide for pedestrian circulation north and south through the hospital site to connect the South Frontage Road with West Meadow Drive. 7. Reduce the negative impacts of the hospital surface parking lot on the Middle Creek riparian corridor. 8. The hospital use is currently non -conforming with regard to minimum parking requirements. All future planning should ensure full compliance with the parking requirements. 9. Work with the Town of Vail and neighboring property owners to identify the most appropriate location of vehicle access off the South Frontage Road. This shall also take design options into consideration. 10. The Town of Vail is willing to consider design and master plan options which include the use of Lot 10 and the town's municipal center site. 11. Address the existing zone district designation of the US Bank Building. 12. Provide opportunities for growth and expansion of the WMC Campus to ensure the growing health care needs of the community are met. 13. Ensure that the mechanical equipment needs of the medical center are met on site and seek to minimize any unintended consequences. He noted that while progress has been made on these objectives, there is more work to be done. Mayor Daly accepted public input as follows, including both council and community: Chapin expressed concern about services that would be impacted due to construction Bugby expressed concern about design, architecture and massing of the buildings along with pedestrian flow, building heights and housing Chris Romer, Vail Valley Partnership, expressed support of the redevelopment with a Resolution adopted by the VVP Board Jim Lamont, Vail Homeowner's Association, requested that PEC materials be distributed to town council members Bruno left the meeting at this time. The public hearing was closed. Warren Campbell then presented the PEC recommendations and modifications which were noted were incorporated into the plan revisions already. He reminded everyone the helipad discussion would occur at the February 17 meeting. After some further discussion, Moffet moved to continue the public hearing until February 17; Rogers and Kurz seconded the motion and it passed unanimously. The fifth item on the agenda was the Town Manager's Report which highlighted the results of a preference survey to determine if noise walls will be built as part of the 1-70 Vail Underpass project. Patty McKenny, Town Clerk, reported on the results noting there were 203 Benefiting Receptor Units surveyed, with each unit survey counted twice, once for the owner and once for the occupant, for a total of 406 survey preference counts. She submitted that there were 105 surveys cast by owner/occupants not in favor of the noise wall and there were 75 surveys cast by owner/occupants in favor of the noise wall. Approximately 89 percent of the surveys were returned which included 180 surveys collected. Of the total 406 survey counts, 59 percent were against the noise wall and 41 percent were in favor of the noise wall. The sixth item on the agenda was the information updates; Town Council Meeting Minutes of February 3, 2015 Page 2 1) December 2014 Sales Tax Kathleen Halloran, Finance Director, presented a brief update related to sales tax collection noting another estimated $39,000 in December sales tax to bring collections to $3,810,212. If that were the case she noted the following: ■ December up 13.5% or $451,668 from the amended budget ■ December up 11.3% or $388,034 from December 2013. ■ Year to date would be up 8.5% or $1,867,804 from 2013. ■ Year to date and full year budgets have been amended by $1,100,000 to reflect collections earlier in the year. ■ Year to date revenue would be up 8.5% or $1,867,803 from the original budget and 3.3% or $767,803 from the amended budget. 2) January 2015 Revenue Highlights 3) Electronic Message Boards with Real Time Road Conditions The seventh item on the agenda included Matters from the Mayor, Council and Committee Reports. Several reports were given including one from CAST related to the short term rentals study to be conducted and 2015 event highlights. The eighth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which passed unanimously, (7-0) and the meeting adjourned 4:20 p.m. Respectfully mitted, Attest: Andrew P. Daly, or Patty M en Tow k SEAL Town Council Meeting Minutes of February 3, 2015 Page 3 Vail Town Council Meeting Minutes Tuesday, February 17, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was the swearing in of the new Fire Chief Mark Novak by Town Clerk Patty McKenny. Town Manager Stan Zemler then recognized Councilmember Jenn Bruno and Community Information Officer Suzanne Silverthorn for their roles and participation in the 2015 FIS Alpine World Ski Championships serving as the heads of the awards committee and the Joint Information C enter (JIC) respectively. The second item was on the agenda was Citizen Participation and no comments were made. The third item on the agenda was the consent agenda as follows: 1) Proclamation No. 1, Series of 2015 One Book, One Valley 2015 Mayor Pro Tem Ludwig Kurz read the proclamation at this time and Lori Barnes, Vail Town Librarian, spoke about some of the program highlights and book previews of The Cold Dish" by Craig Johnson. Moffet moved to approve the proclamation; Kurz seconded the motion and it passed unanimously (7-0). 2) Minutes from January 6, 2015 meeting Moffet moved to approve the minutes; Kurz seconded the motion. Bugby requested a revision to the minutes related to his comments about the maintenance impacts for the acrylic noise wall in relation to Gore Creek. The motion passed unanimously with suggested revisions (7-0). 3) Minutes from January 20, 2015 meeting Moffet moved to approve the minutes; Kurz seconded the motion which was approved unanimously (7-0). The fourth item on the agenda was recognizing the earlier executive session held during the work session; there was no action taken at this time. Moffet noted the discussion included the topic of possibly leasing town owned space as there has been interest from several groups about opening a grocery store in the village. Town Council Meeting Minutes of February 17, 2015 Page 1 The fifth item on the agenda was the Town Manager's Report 1. Vail Municipal Site Redevelopment - Pros and Cons (Memo only) Zemler confirmed there would be no further evaluation done on relocating the municipal building to the Chamonix site; Council members were comfortable and supportive of the information presented and that the Chamonix site was not the appropriate location. 2. The Vail Community Meeting is scheduled for March 31, 2015. The sixth item on the agenda was Resolution No.5, Series of 2015, a resolution allowing for a one-year administrative extension to the lapse of approval for the Cornerstone Residences Approved Development Plan which is set to expire June 1, 2015, and setting forth details in regard thereto. Moffet moved to approve Resolution No. 5; Bugby seconded the motion. There was no public comment on the item and the motion passed unanimously (7-0). George Ruther, Director of Community Development, confirmed the council would review the application with an ordinance as final approval of the development plan. The seventh item on the agenda was the Vail Valley Medical Center (WMC) Site Specific Redevelopment Master Plan with a continued discussion regarding the adoption of the Vail Valley Medical Center Site Specific Redevelopment Master Plan (WMC MP) and amendments to the Vail Land Use Plan. Specifically, this public hearing was noted to focus on a presentation by the applicant, helicopter consulting experts, and staff on the proposed on-site emergency helipad. George Ruther, Director of Community Development, Warren Campbell, Chief of Planning, and Tom Braun, Braun and Associates were presenters on this topic. Ruther summarized a multitude of topics that surround the review and decision-making process that will take place the next few meetings. It was noted the evening's agenda on the helipad topic would address the following: 1. Introduction & Opening Remarks Doris Kirchner, President / CEO, WMC, spoke about their mission in saving lives and the need for the medical helipad services to occur in only time sensitive cases and all safety precautions addressed. 2. Physician's Perspective - Dr. Reg Franciose & Dr. Jerry Greenberg & Dr. Jenna Rosenthal Information presented by the emergency room physicians addressed the following topics and supported their request to relocate the helipad and summarized that it is all about exceptional services and improved patient care: ■ Helicopter transport destinations, Helicopter transfer cases for 2012-13, Medical transfers (both helicopter & ambulance) 2013 ■ Noted the many criteria set forth to meet including federal and state compliance requirements and board of medical examiners involved with the guidelines and context for helicopter transports ■ Risk & safety measures were noted and how that contributes to helicopter transports and related risks and benefits ■ Comments about "time symptom onset to treatment" supporting the need for some cases which require a helicopter transport ■ Spoke about need to have this service for children's cases that require highly sensitive level 4 case — at risk patients 3. Paramedics Perspective — Chris Montera, Chief of Clinical Services for Eagle County Paramedic Services The presentation covered a review of the paramedic services related to helicopter operations. Town Council Meeting Minutes of February 17, 2015 Page 2 Tom Braun, Braun and Associates, introduced the next two topics as follows: 4. HeliExperts International LLC - Rex Alexander Such items addressed included: Regulations and Guidance on Heliports, Hospital Heliports Safety Record, Heliports in Colorado, Basic Heliport Design Criteria (touchdown & liftoff areas), Urban Rooftop Hospital Heliports in the U.S. (final approach and takeoff area and safety area), Basic Heliport Airspace Criteria, VVMC Heliport and Airspace Proposal, Noise Comparison , Operational Considerations, and Impact on Neighboring Building Heights. In addition, the considerations evaluated included: Regulations, Advisory Circulars, and Best Practices, all of which assisted them in adopting the most conservative standards. He reviewed information related to the FAA airspace — straight -in and curved approach/departure path, and additional details of what was evaluated in order to determine the best location for a helipad location. In addition the prevailing local wind conditions were evaluated. This presentation suggested that a review was made of all four sites and the criteria were applied to each location. In summary site A which was closest to the South Frontage Road was determined to be the best location and was most respectful of the public domain areas. There were also diagrams shown that addressed: 1) VVMC proposed airspace and heliport airspace along with a shift of the heliport if the location were changed slightly due to a land swap between Evergreen Lodge and VVMC, 2) the recommended flight paths comparison and 3) details surrounding the noise comparison along with an approach angle evaluation. He also spoke about the flight profiles at the current heliport and there was a table presented that identified some of the current and proposed highlights to the components of the helipad. 5. Pilot's Perspective - Caycee Batterson This perspective addressed the history of the helipads, and industry born in Colorado, the pilot certifications required for high altitude helicopter flying, the increasing popularity of rooftop helipads, the culture and safety aspects of the industry, several safety statistics that are a result of safety inspections and regulations that have been put in place. He also strongly supported placing a weather station in the valley as it would be very beneficial to the community. 6. Helipad Building - Russ Sedmak, Heery Design Mr. Sedmak presented several slides showing the proposed helipad building, surrounding roadways and medical campus along with a description of the three floors to the building and the purposes of each level noting a 75 foot height to the building. The site diagrams showed the proposed changes to the medical campus and transporting route to the helipad location. The presentation was concluded at this time with Tom Braun noting the proposed location on the South Frontage Road as an ideal location as supported by the many consultants, VVMC personnel, and community with public input from many who see this as a needed service. Ruther reminded Council this was not the time for approving either the design or location as there would be more review when the applicant submits their conditional use permit application. It was noted the revised master plan for VVMC would be approved with one action from Town Council and final consideration of the plan is scheduled for the March 17 meeting. Mayor Daly opened the hearing to public input at this time and a couple of people spoke in support of the helipad location and services provided by VVMC in light of direct benefit of the services, such as David Bentley, Ed Swinford and Mark Heron. Others presented some concerns about the location of the helipad, such as Ronald Snow and Covell Brown, who cited the neighborhood is too greatly impacted by noise, there is not a protective zone, the FAA does not recommend this location in neighborhoods. Jim Lamont, Vail Homeowner's Association, commented on the need to understand the baseline decibel level and noise impacts and noted an article called "price of refusal" addressing pilots decision making in regard to these services provided. Town Council Meeting Minutes of February 17, 2015 Page 3 The public hearing was closed for this topic at this time. Ruther submitted for the record public input from Kathleen Mayer. He closed by saying no decision was to be made at this time; he highlighted the next steps and thanked council for their time listening to all the information presented. Ray Stanton, Aviation Safety specialist, who was hired as the town's consultant to review all the materials, addressed the council at the request of Mayor Daly. He noted that many questions have been addressed and he had nothing further to add as his conclusion was there are no particular matters or topics that concern him at this time. Moffet moved to continue the hearing until the March 3, 2015, council meeting; Kurz seconded the motion and it passed unanimously (7-0). The meeting reconvened at 9:25 pm after a 5 minute break. The eighth item on the agenda was First reading of Ordinance No. 1, Series 2015, an Ordinance amending Sections 4-1-2, 4-1-4, 4-3-1-2, and 4-3-2 of the Vail Town Code to clarify the Business License Fees for Short -Term Rentals within the Town and Requiring that Persons Offering Apartment Hotel, Lodging House, Guest House or Guest Ranch Lodging Services within the Town Must Post Their Sales Tax Account Number in all Advertisements. Kathleen Halloran, Finance Director presented the ordinance highlighting ordinance components: ■ All short-term rental establishments, regardless of location of the management office would be required to pay a business license fee, currently proposed at $325 annually, with the per unit rate based on location of the rental unit ($17/unit in Zone 1 and $12.75/unit in Zone 2). The new "out of town" businesses paying this business license fee would be considered Zone 3 for the base rate charged. See the chart below for further clarification: Zone 1 is defined as located from Cascade to Manor Vail south of 1-70; Zone 2 is defined as all other areas in town boundaries. Zone 3 is defined as out-of-town areas. Owners renting two units or less, who are currently exempted from business license fees, would now be required to pay an annual business license fee of $150 if the unit(s) are rented more than 14 days per year. This is the same license fee charged to businesses categorized as "Home Occupation". This requires rental by owner, or "RBO" short-term rentals to include a sales tax account number on all advertisements. There was discussion about an effective date as either the first of the year 2015 or September 2015 as supported by the finance department in order to complete some education outreach. After some further discussion about the licensing for more than 14 day rentals, it was decided to keep this as part of the ordinance. Moffet moved to approve Ordinance No. 1, Series of 2015; Bugby seconded the motion and noted some input from the lodging community. Public input was invited and hearing none there was unanimous support of the motion (7-0). The ninth item on the agenda was First Reading of Ordinance No. 2, Series 2015, an ordinance adopting Chapter 13 of Title 5 of the Vail Town Code establishing disposable bag requirements, including a disposable paper bag fee and providing for the collection and designation of such fee. Kristen Bertuglia, Environmental Sustainability Manager, presented the background with this item as an ordinance that was addressing single use plastic shopping bags as an environmental concern as one way many communities across the world have attempted to fulfill waste diversion goals similar to those adopted by the Town of Vail. She presented Ordinance No. 2 which sets forth Phase 1 of the Town's Kick the Bag Habit Program prohibiting grocers from providing single use disposable plastic carryout bags at the point of sale, and requires a fee of $0.10 be applied to single use paper carryout bags. It was noted that Phase 2 of Town Council Meeting Minutes of February 17, 2015 Page 4 Zone I Zone 2 one 3 Base fee $325M 3W5.00 $325.00 Per unit fee $17.00 $12.75 Per unit based on location of mq" unit(s) fdloww ng Zone t and 2 fee swictme Zone 1 is defined as located from Cascade to Manor Vail south of 1-70; Zone 2 is defined as all other areas in town boundaries. Zone 3 is defined as out-of-town areas. Owners renting two units or less, who are currently exempted from business license fees, would now be required to pay an annual business license fee of $150 if the unit(s) are rented more than 14 days per year. This is the same license fee charged to businesses categorized as "Home Occupation". This requires rental by owner, or "RBO" short-term rentals to include a sales tax account number on all advertisements. There was discussion about an effective date as either the first of the year 2015 or September 2015 as supported by the finance department in order to complete some education outreach. After some further discussion about the licensing for more than 14 day rentals, it was decided to keep this as part of the ordinance. Moffet moved to approve Ordinance No. 1, Series of 2015; Bugby seconded the motion and noted some input from the lodging community. Public input was invited and hearing none there was unanimous support of the motion (7-0). The ninth item on the agenda was First Reading of Ordinance No. 2, Series 2015, an ordinance adopting Chapter 13 of Title 5 of the Vail Town Code establishing disposable bag requirements, including a disposable paper bag fee and providing for the collection and designation of such fee. Kristen Bertuglia, Environmental Sustainability Manager, presented the background with this item as an ordinance that was addressing single use plastic shopping bags as an environmental concern as one way many communities across the world have attempted to fulfill waste diversion goals similar to those adopted by the Town of Vail. She presented Ordinance No. 2 which sets forth Phase 1 of the Town's Kick the Bag Habit Program prohibiting grocers from providing single use disposable plastic carryout bags at the point of sale, and requires a fee of $0.10 be applied to single use paper carryout bags. It was noted that Phase 2 of Town Council Meeting Minutes of February 17, 2015 Page 4 Ordinance No. 2 will apply to all retail stores within town boundaries. The details of the ordinance were outlined in the council memo and summarized as follows: 1. A phased approach in which the policy would apply to grocery stores in year one and all retail stores in year two 2. A ban on single use disposable plastic bags 3. A $0.10 fee on paper bags 4. A fully defined and environmental use for the portion of the $0.10 fee that is retained by the Town of Vail 5. A reduction in the percentage of fee allowable for retention by the grocery stores over time 6. A fully supported program in which the Town provides education, outreach, and reusable bags 7. A Phase 1 effective date of August 1, 2015 8. A Phase 2 effective date of August 1, 2016 , There was council input on the ordinance as follows: - � Daly proposed not charging for the paper bag and- 3 46Tin'favor of the % split between the Town and the grocery store. Rogers supported a program that would proimgte behavior 'chaf ge trying to keep it simple for grocers and for retailers during phase 2. Moffet expressed concern that the fee looks like a-tait ai'tiii inquiring what the funds would be used for, something specific or general Mire noted the fee collections must be earmarked for certain expenditures and noted his legal opinion that this is not considered a tax and the legislation drafted complies with Colorado State Statutes. Rogers moved to approve Ordinance No 2, Series of 2015; Kurz seconded the motion. Further input was given by council members: Bugby expressed concerns and was not necessarily supportive of the approach but noted he wanted to rid us of the single use plastic bags as he would prefer to ban the plastic and be done Chapin spoke about the need to phase the program with some fee, banning plastic, and noting the younger generations expect this effort. Bruno requested there should be a fee for paper as it also has a carbon footprint and is against sharing the fee, prefers a fee imposed on both paper & plastic and to allow grocers to keep the money. Mayor Daly asked for public input at this time and Gwen Scapello, resident, requested that careful consideration be given to identify what reusable bags are acceptable. Mayor Daly asked for further review of this request. The motion was voted upon and passed. (4-3; Bruno, Bugby, Moffet - opposed). There were requests to consider on second reading a 1) fee on both paper and plastic, and 2) a review of municipalities where this legislation has been adopted to see if behavior has changed. Town Council Meeting Minutes of February 17, 2015 Page 5 The tenth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which passed unanimously, (7-0) and the meeting adjourned 9:55 p.m. Attest: Patty a ny, to erk Respectful) ubmitted, Andrew P. Da ayor SEAL Town Council Meeting Minutes of February 17, 2015 Page 6 Vail Town Council Meeting Minutes Tuesday, March 3, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with comments made by Jonathan Levine, Hummers of Vail, who spoke about CDOT lighting along the 1-70 corridor and lack of lighting in certain sections such as Dowd Junction; he asked if Vail would also make request for lighting that worked and additional lighting at interchanges. He indicated he would track this topic with CDOT and continue to provide Vail with updates. The second item was on the agenda was the consent agenda as follows: 1) Minutes from February 3, 2015 meeting Moffet moved to approve the minutes; Kurz seconded the motion and it passed unanimously. 2) Minutes from February 17, 2015 meeting Moffet moved to approve the minutes; Kurz seconded the motion and it passed unanimously. 3) Resolution No. 7, Series of 2015, A Resolution Approving an Amended Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2015 Through December 31, 2015 Moffet moved to approve Resolution No. 7, Series of 2015, Kurz seconded the motion and it passed unanimously. Mayor Daly noted that the supplemental budget amendment addressed several marketing objectives presented by the Vail Local Marketing District Advisory Council. In general, the expenditures would help them continue to meet that which was outlined in their operation plan, such as increases in occupancy, sales tax revenues, and net promoter scores. The third item on the agenda was recognizing the earlier executive session held during the work session. Moffet moved to direct staff to draft an ordinance clarifying uses allowed on town owned stream tract property. The fourth item on the agenda Town Manager's Report as follows: 1) Vail Golf and Nordic Clubhouse Remodel Update Town Manager Stan Zemler highlighted the next steps in the remodel of the clubhouse noting DRB would review the application beginning in April. The Town Council would review the Town Council Meeting Minutes of March 3, 2015 Page 1 application after DRB and informed them that community input would be invited during this entire process as there are public hearings that would be scheduled for numerous meetings. The fifth item on the agenda was Vail Valley Medical Center Site Specific Redevelopment Master Plan with a continuation of the public hearing process regarding the review of the proposed Vail Valley Medical Center Site Specific Redevelopment Master Plan (VVMC MP) and proposed amendment to the Vail Land Use Plan. The presentation focused more specifically on the various elements of the plan such as traffic circulation, loading/delivery, building mass and architecture, parking, potential land exchange, West Meadow Drive streetscape, South Frontage Road improvements, etc. George Ruther, Director of Community Development, Warren Campbell, Chief of Planning, and Tom Braun, Braun & Associates Inc., all presented different components of the redevelopment of the VMMC and update to the master plan: Tom Braun began with an introduction in which he once again highlighted the 13 community objectives identified during the public process. He presented an overview of the master plan topics such as: ✓ Procedural Considerations/Zoning — address existing zone district of US Bank building ✓ Middle Creek - reduction of negative impacts of hospital parking lot on creek ✓ Parking — ensure full compliance with parking and several solutions included use of west lot, new surface parking, use US Bank Building, new east structure, use of employee shuttles, bus passes and parking management ✓ Lot 10 - consider design and master plan options which include the use of Lot 10 and the Town's municipal center site ✓ Employee Housing - Mitigate for net increase of new employees (estimated at 60); will mitigate with a cash in lieu proposal ✓ Land Exchange - Provide opportunities for growth and expansion of the VVMC campus to ensure the growing health care needs of the community are met ✓ Delivery and Service - Provide for adequate on site loading and delivery services which minimizes negative impacts on the neighborhood. Special consideration should be given to relocating this use to gain access to the VVMC Campus from the Frontage Road, proposal is for enclosed delivery facility with no backing in or out and sized to accommodate majority of delivery and service vehicles ✓ Traffic/Circulation/S Frontage Rd Skip Hudson, Turnkey Consulting, presented numerous highlights about the overall analysis of traffic and circulation related to VVMC proposed site development as follows: 1) Methodology, 2) VVMC Access & Frontage Road 1, 3) VVMC Access & Frontage Road 2, 4) town hall & VVMC access with roundabout, 5) traffic related to W. Meadow Drive and Vail Road Intersection, 5) VVMC Deliveries on W. Meadow Drive, 6) emergency vehicle circulation, 7) Emphasis on use of the South Frontage Road for primary access, 8) Minimize the number of vehicle trips on West Meadow Drive; efforts to reduce an estimated 1400 vehicles per day on W. Meadow Drive and routed to new VVMC access from Frontage Road. It is suggested the proposed roundabout on S. Frontage Road will service Evergreen Lodge and provide U-turn movements with restricted driveway right -in and right -out turns. ✓ Massing/Arch/Meadow Drive Russ Sedmak, Heery International, spoke about the goals and considerations when analyzing the components of massing, architectural and relationship to West Meadow Drive. The proposal includes a west wing expansion to include a new 4th floor with construction to begin this upcoming summer, and an east wing expansion to occur in the future. Town Council Meeting Minutes of March 3, 2015 Page 2 Mayor Daly asked for comments and Bugby was pleased comments given at PEC meetings have been addressed and hopes that many of the details are fine-tuned. Public input was then taken as follows: Dan Reynolds, an attorney representing the Corrigan's who own a residence on W. Meadow Drive, reiterated their concerns about 1) massing and setback of the southern expansion of west wing and encouraged the building fagade is more suitable to the neighborhood, 2) desire that loading/delivery be removed from West Meadow Drive for safety reasons and moved to the Frontage Road, 3) requested the town keep ownership of Lot. Jim Lamont, Vail Homeowner's Association spoke about 1) the numerous covenants established for the property and some related concerns, 2) concern about the flight path and noise levels of the helicopter pad, 3) request to require snowmelt for the pedestrian ways as it is redeveloped. Jim Wear, attorney for VVMC, spoke about covenants and disagreed with some of the comments made by Mr. Lamont. He detailed the timing of when the covenants were aligned with the property, some of the deed restrictions, and the relationship of the Evergreen Lodge property restrictions, and finally some clarification surrounding the helicopter operations. Public input was closed at this time. Ruther then summarized some of the pending questions and concerns related to the project and reminded the public the discussion on assurances would occur along with a final decision about the amendments to the master plan during the March 17 hearing. Moffet moved to continue hearing until March 17 2015 meeting; Kurz seconded the motion and it passed unanimously. The sixth item on the agenda was second reading of Ordinance No. 1, Series 2015, an Ordinance amending Sections 4-1-2, 4-1-4, 4-3-1-2, and 4-3-2 of the Vail Town Code to clarify the Business License Fees for Short -Term Rentals within the Town and Requiring that Persons Offering Apartment Hotel, Lodging House, Guest House or Guest Ranch Lodging Services within the Town Must Post Their Sales Tax Account Number in all Advertisements. The Ordinance was amended to reflect an effective date of January 1, 2016. Moffet moved to approve Ordinance No. 1 on final reading; Bugby seconded the motion and it passed unanimously. There was no public comment on the ordinance. The seventh item on the agenda was second reading of Ordinance No. 2, Series 2015, an ordinance adopting Chapter 13 of Title 5 of the Vail Town Code establishing disposable bag requirements, including a disposable paper bag fee and providing for the collection and designation of such fee. Kristen Bertuglia, Environmental Sustainability Manager, noted Council approved the ordinance on first reading on February 17, 2015, which sets forth Phase 1 of the Town's Kick the Bag Habit Program prohibiting grocers from providing single use disposable plastic carryout bags at the point of sale, and requires a fee of $0.10 be applied to single use paper carryout bags. It was noted that Phase 2 of Ordinance No. 2 will apply to all retail stores within town boundaries. The details of the ordinance were outlined in the council memo and summarized as follows: 1. A phased approach in which the policy would apply to grocery stores in year one and all retail stores in year two 2. A ban on single use disposable plastic bags 3. A $0.10 fee on paper bags 4. A fully defined and environmental use for the portion of the $0.10 fee that is retained by the Town of Vail Town Council Meeting Minutes of March 3, 2015 Page 3 5. A reduction in the percentage of fee allowable for retention by the grocery stores over time 6. A fully supported program in which the Town provides education, outreach, and reusable bags 7. A Phase 1 effective date of August 1, 2015 8. A Phase 2 effective date of August 1, 2016 Further comments were made regarding studies conducted by governments that reflect support of banning use of plastics as single use items and the most common question to them is "what is the town doing about plastic bags". Mayor Daly asked for public input at this time and several community members were present with input as follows: Dick Cleveland, resident, spoke in support of the legislation because the quality of the bags has become so thin they are useless to even use a second time. Brian Rordine, VRI, thanked town staff for efforts in drafting the program and legislation and spoke in support of the legislation and noted the many studies completed that spoke to the effort as creating a more sustainable environment. Bart Longworth, resident, and community member who sees the waste and detriment in the use of these bags, often times hearing feedback that supports the legislation Shawn Nuckman, resident, highlighted there is great community support of the legislation. Council comments were also given at this time: Bruno noted her support in doing the "right" thing and preferred placing a fee on plastic and not a ban on bags; she continue to emphasize that paper is as detrimental to the environment. Rogers moved to approve Ordinance No 2 on second reading, Series of 2015; Kurz seconded the motion. Further comments were made: Bugby commented on his concerns about imposing the fee, calling it a tax, but wanted to support the ban on plastic; he spoke about not collecting the fee in full but rather sharing it with the stores. Chapin shared that he is still uncomfortable with the proposed fee but supports the fact that it is a phased program. He requested a review of the costs of an educational outreach program. Moffet expressed his concerns for the record for several reasons 1) the fee imposed and suggested that at the very least the town should retain the money and purchase recycling bags to give to guests, 2) his opposition to "raising our conscious" by legislation, 3) not convinced that this effort reduces carbon footprint, and 4) the need for more time to identify unintended consequences because he thinks there are many. Kurz supported the legislation and while it is not perfect, the town must move forward with this step. Daly thinks this legislation is a start in the right direction and suggested further review after implementation in case additional changes would be needed; he noted that you can't always draft the perfect ordinance. Town Council Meeting Minutes of March 3, 2015 Page 4 The motion to approve Ordinance No. 2 was voted upon and passed (4-3; Bruno, Bugby, Moffet - opposed). The eighth item on the agenda was First reading of Ordinance No. 3, Series of 2015, An Ordinance Amending Sections 3-3-2 and 3-3-3- of the 3/3/2015 Vail Town Code to reduce the Minimum Required Number of Arts Board Members from Nine to Seven. Molly Eppard, Art in Public Places Coordinator, Matt Mire, Town Attorney presented a proposal to reduce the umber of members serving on the Vail Arts Board as outlined in the council packet memo. Rogers spoke on behalf of her involvement as a non voting member for 10 years and the notion that "more voices is not necessarily better'; she supported the ordinance because reducing the size is more consistent with other town boards and this would possibly help with finding more people who will be more dedicated. Moffet moved to approve Ordinance No. 3; Rogers seconded the motion. Mayor Daly asked for public input and none was given. The motion was approved unanimously (7-0). The ninth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 8:25 p.m. Resp ectf Submitted, Attest: ,;;Andre P. Daly, M or acc, Y"lc-'� Patty en y, Tow ,p- 0F_ A,, �ti Town Council Meeting Minutes of March 3, 2015 Page 5 Vail Town Council Meeting Minutes Tuesday, March 17, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Margaret Rogers Member absent: Greg Moffet Staff members present: Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Patty McKenny, Town Clerk Mayor Daly acknowledged Pam Brandmeyer's 35 years of service thanking her for all she has done for the town throughout her career and with an estimated 700 council meetings she has attended. The audience also expressed their appreciation with a standing ovation. The first item on the agenda was Citizen Participation and no comments were heard at this time. The second item was on the agenda was the consent agenda as follows: 1) Resolution No. 8, Series of 2015, A Resolution Authoring the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy; and Setting Forth Details in Regard Thereto - Chad Salli Kurz moved to approve Resolution No 8; Bugby seconded the motion and it passed unanimously (6-0). 2) 2015 Vail Crack Seal Contract Award Bugby moved to authorize the Town Manager to enter into an agreement with Superior Asphalt, LC to complete the 2015 Vail Crack Seal project in an amount not to exceed $165,480; Kurz seconded the motion and it passed unanimously (6-0). The third item on the agenda was recognizing the earlier executive session held during the work session. There were no follow-up actions to the executive session. The fourth item on the agenda was the Town Manager's Report and there was nothing further provided at this time. The fifth item on the agenda was consideration of Resolutions Nos. 3 & 4, Series of 2015, which have been drafted to facilitate the adoption of the Vail Valley Medical Center Site Specific Redevelopment Master Plan. The Vail Town Council was being asked to approve the two resolutions as drafted, and if approved, a new redevelopment master plan would be adopted for the VVMC campus and the Vail Land Use Plan would be amended to incorporate the master Town Council Meeting Minutes of March 17, 2015 Page 1 plan into the town's comprehensive planning documents. It was noted the master plan would be used by the applicant and the town to guide future development decisions for the WMC campus. Mayor Daly noted that public input would be taken and this hearing was the 4th one on this topic. George Ruther, Director of Community Development, noted some highlights about the project and the process: ✓ WMC Master Plan was completed in order to help guide them through redevelopment of the campus ✓ The action taken this evening is NOT approval of the development application ✓ The development application would be submitted to the Planning and Environmental Commission in the near future for their review ✓ The role of master plan is to ensure that the 13 development objectives are met as they were outlined by the Town of Vail ✓ The WMC Master Plan is used as a 5 to 7 year planning document ✓ A summary of the historical review process was given ✓ The proposal begs the question of "does the master plan meet the criteria of the town's master planning process as described in Vail's Land Use Plan? ✓ PEC unanimously approved the recommendation for approval with regard to the adoption of Resolution No. 3, Series of 2015, A Resolution adopting the Vail Valley Medical Center Site Specific Redevelopment Master Plan dated Mach 17, 2015 as an Official Element of the Vail Land Use Plan and as a valid Planning Document to be used to guide redevelopment and growth in the Vail Valley Medical Center Site Specific Redevelopment Master Plan Study Area Boundaries, and setting forth details in regard thereto and Resolution No. 4, Series of 2015, A Resolution amending a certain section of the Vail Land Use Plan to allow for the addition of the Vail Valley Medical Center Site Specific Redevelopment Master Plan Land Use Category, and Amendments to Vail Land Use Plan Map, and setting forth details in regard thereto. Tom Braun, Braun & Associates Inc., addressed a number of items raised at previous meetings (March 3 hearing) related to Middle Creek, loading/delivery facility design considerations, West Meadow Drive traffic/East Wing - parking management, and Design, Architecture, Massing on Meadow Drive and emergency traffic in relation to Meadow Drive (emergency vehicles will continue to use this road). A master plan overview was presented noting changes to the helipad chapter and one final review of the 13 town objectives. Doris Kirchner, WMC CEO, made some closing remarks with a reminder about their mission and vision and future of their health care campus to offer the highest quality of services to the community. Mayor Daly asked for input at this time with several comments from the public: Mery Lapin, resident, thanked Pam Brandmeyer for her years of service and then expressed his concerns about the WMC redevelopment as follows, 1) financial solvency of the WMC and its status as a non profit organization yet it operates as a private business, 2) a transparent timeline and need to ensure deadlines are met, 3) does the campus have enough land and room for final build out, 4) height of new helipad, 5) that Lot 10 remained town owned. He also thanked WMC staff and particularly Doris for her efforts and interactions with the community about this expansion. Michael Cacioppo inquired as to the timeframe allowed to other vs. him for public input. He asked some questions and expressed concerns about the financial parameters the WMC operates under, expenditures of the hospital and the height of the helipad structure. Ron Snow, resident, continued to express his concerns about the impacts on the neighborhood, the safety concerns related to the helipad location and flight paths. Town Council Meeting Minutes of March 17, 2015 Page 2 Jim Lamont, Vail Homeowners Association, suggested calling the question and prefers to move forward on this topic. He also thanked Pam Brandmeyer for all her personal care and efforts into the Vail community, suggesting she has been the "mother to this community". He moved to thanking Community Development Director George Ruther for his team's deliberative review process of this matter and he should be highly commended. And finally he gave accolades to Doris Kirchner, WMC, who caused the beginnings of the dialogue to occur between the hospital and the neighborhood, and he noted that she is to be commended as she has heard the input, and while may not agree, there is at the very least communication occurring. Further questions and comments were made about the helipad, flight paths, FAA requirements to monitor the helipad, (which would not be imposed because of the private ownership of the business), and the ability to require detailed operating records. Rogers moved to approve Resolution No. 3, Series of 2015, adopting the Vail Valley Medical Center Site Specific Redevelopment Master Plan, to establish a comprehensive redevelopment plan for the Vail Valley Medical Center, Lot 10 (Town of Vail parking lot), and US Bank Building, located at 181 and 281 West Meadow Drive and 108 South Frontage Road West/ Lots E, F, and 10 Vail Village Filing 2, and Lot D-2, A Resubdivision of Lot D, Vail Village Filing 2, and setting forth details in regard thereto, and further noted that based upon the review of the criteria outlined in Section VI of the Staff memorandum to the Planning and Environmental Commission dated January 26, 2015, and the evidence and testimony presented, the Vail Town Council finds: 1. That the Vail Valley Medical Center Site Specific Redevelopment Master Plan was developed through extensive participation by the public and Planning and Environmental Commission; and 2. That the Vail Valley Medical Center Site Specific Redevelopment Master Plan is a reflection of the goals, desires, and objectives of the citizens of the Town of Vail for the long term planning of the development of the Vail Valley Medical Center campus; and 3. That the WMC has developed the Vail Valley Medical Center Site Specific Redevelopment Master Plan in conjunction with the Town of Vail in order to ensure the ability to provide for the long term growth of the healthcare facility; and 4. That the relocation of the emergency helipad to an on-site location has been thoroughly reviewed by qualified experts and has been found to meet or exceed prescribed FAA regulations and meet the long term emergency healthcare needs of the community; 5. That the Vail Valley Medical Center Site Specific Redevelopment Master Plan is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and advances the development objectives of the town; and 6. That the Vail Valley Medical Center Site Specific Redevelopment Master Plan is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 7. That the Vail Valley Medical Center Site Specific Redevelopment Master Plan 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." Kurz seconded the motion. Bugby agreed the distance between the helipad and the neighborhood was minimal, but believes placing the location at the hospital campus is better than its current location on public lands, and in addition supported WMC taking control and ownership of their own parking needs. Mayor Daly requested a couple of amendments be made to the WMC Master Plan which would address the preparation of an emergency Town Council Meeting Minutes of March 17, 2015 Page 3 management plan for the helipad in cooperation with VFD and VPD and that WMC contractually obligate their air ambulance flight service to flying within the assigned flight path limits, weather permitting. Rogers: amended her motion to include changes suggested by Mayor Daly; Kurz seconded the amended motion and it was approved unanimously (6-0). Rogers moved to approve Resolution No. 4, Series of 2015, adopting amendments to the Vail Land Use Plan, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to establish the Vail Valley Medical Center Site Specific Redevelopment Master Plan land use category and change the land use designation for the four properties contained within the study area boundaries of the Vail Valley Medical Center Master Plan from Transition to the Vail Valley Medical Center Site Specific Redevelopment Master Plan area, located at 181 and 281 West Meadow Drive and 108 South Frontage Road West/ Lots E, F, and 10 Vail Village Filing 2, and Lot D-2, A Resubdivision of Lot D Vail Village Filing 2, and setting forth details in regard thereto, further noting the Vail Town Council finds that the conditions of the Town and the Vail Valley Medical Center campus have changed since the adoption of the Vail Land Use Plan. Specifically, the Council finds that the Vail Valley Medical Center Site Specific Redevelopment Master Plan needs to be identified as the guiding document for properties within the study area boundaries. Further, the proposed amendments are in concert with the plan in general as the amendments will help to articulate the land use goals of the Town and can be used to guide decision making around the goals, objectives and policies outlined in the Vail Land Use Plan. Kurz seconded the motion and it passed unanimously (6-0). The sixth item on the agenda was second reading of Ordinance No. 3, Series of 2015, An Ordinance Amending Sections 3-3-2 and 3-3-3- of the Vail Town Code to Reduce the Minimum Required Number of Arts Board Members from Nine to Seven. Molly Eppard, Art in Public Places Coordinator, and Matt Mire, Town Attorney noted there were no changes from first reading. Rogers summarized the intent of ordinance by explaining a reduction in the number of members may help create a more efficient board environment related to attendance and recruitment. Rogers moved to approve Ordinance No. 3 on second reading; Bugby seconded the motion. No public comments were made and the motion passed unanimously (6-0). The seventh item on the agenda was first reading of Ordinance No. 4, Series of 2015 An Ordinance Protecting Certain Stream Tract Property in the Town by Prohibiting the Installation or Maintenance of Private Improvements on Such Property. Matt Mire, Town Attorney noted that over the course of time, private improvements such as landscaping, patios and other improvements from properties adjacent to stream tracts have been constructed and maintained within the Town's riparian areas without permission or authorization from the Town. This legislation drafted helps the Town's authority to regulate for the public health, safety and welfare as it applies to the certain stream tracts that are town owned and should be used solely and exclusively as natural open space, and that private improvements or encroachments of any kind are prohibited in these areas without the prior written authorization of the Town Council. Rogers moved to approve Ordinance No. 4 on first reading; Kurz seconded the motion. Bugby presented his opinion that the legislation is a reaction on current litigation that should be handled prior to the town' addressing the topic. There was no other public input and the motion was approved (5-1; Bugby opposed). The eighth item on the agenda was the appointment of new members to the Planning and Environmental Commission (PEC) and the Art in Public Places Board (AIPP). Town Clerk Patty McKenny explained that appointments would not be made to the Design Review Board since no letters of interest were received; it was noted that another public notice posting has been made Town Council Meeting Minutes of March 17, 2015 Page 4 for the DRB position. Kurz moved to appoint to Brian Gillette, Kirk Hansen, and JohnRyan Lockman to PEC and Michael Kurz to AIPP. Rogers seconded the appointments which passed unanimously (6-0). The ninth item on the agenda was adjournment. There being no further business to come before the council; Kurz moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (6-0) and the meeting adjourned 7:45 p.m. Attest: Respectfully Submitted, Daly, Town Council Meeting Minutes of March 17, 2015 Page 5 Vail Town Council Meeting Minutes Tuesday, April 7, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Matt Mire, Town Attorney Stan Zemler, Town Manager Patty McKenny, Town Clerk Mayor Daly asked for a moment of silence in remembrance of Paul Johnston who recently passed away; his legacy was a "life of "service" which was in part serving as Mayor of Vail from 1983-1987. The first item on the agenda was Citizen Participation, with several people offering public input: 1. Jonathan Levine, Hummers of Vail, distributed some documents which showed his name has been cleared of any wrongdoings related to an incident in Vail. He continued to express concerns about Vail Police Department and their bullying tactics against his business Hummers of Vail. He also noted he has contacted the District Attorney's Office on this matter. 2. Michael Cacioppo, Business Briefs, expressed several concerns about Vail's Police Chief, asked everyone to read the transcript distributed, and requested that they publicly exonerate Jonathan Levine on this matter. 3. Stephen Connelly, resident, thanked council members for support of the plastic bag ordinance noting it is a great starting point. He asked they consider addressing implementing a law limiting vehicle idling. And finally, he requested a review of the trash cans around town and asked they use something similar to what Vail Resort's use for recycling cans. The second item on the agenda was the consent agenda as follows: 1) Water Quality Mapping Contract Award This item was considered later in the meeting since a memo was not available during the consent calendar consideration. 2) Asphalt Overlay Contract Award Moffet moved to authorize the Town Manager to execute an agreement with Elam Construction for completion of the 2015 Vail Overlay Project (roads include Sunburst Drive, Vail Valley Drive Elkhorn Drive); Rogers seconded the motion and it passed unanimously (7-0). Town Council Meeting Minutes of April 7, 2015 Page 1 3) Vail Public Library - Bike Path Contract Award Moffet moved to authorize the Town Manager to execute contracts to complete the Gore Valley Trail Improvements Project, Lionshead Village to West Meadow Drive with the following contractors, 1) Site Resource Management $543,522 for trail construction, and 2) Big R Manufacturing $62,515 for bridge fabrication of two steel truss bridges; Kurz seconded the motion and it passed unanimously (7-0). 4) EHU Exchange - 1125 Hornsilver Circle Moffet moved to authorize the Town Manager to execute a deed restriction release and approved the request for an exchange of an employee housing unit, pursuant to Section 12-13- 5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Lot 9 Block 1 Vail Village Filing 8/1125 Hornsilver Circle, in exchange for a fee in lieu payment for 960 square feet, and setting forth details in regard thereto; Kurz seconded the motion and it passed unanimously (7-0). 5) EHU Exchange - 1915 Gore Creek Drive Moffet moved to authorize the Town Manager to execute a deed restriction release and approved the request for an exchange of an employee housing unit, pursuant to Section 12-13- 5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed restriction at Lot 28 Vail Village West Filing No. 2/1915 Gore Creek Drive, in exchange for a fee in lieu payment for 458 square feet, and setting forth details in regard thereto; Kurz seconded the motion and it passed unanimously (7-0). The third item on the agenda was recognizing the earlier executive session held during the work session. Moffet asked that staff contract with DestiMetrics LLC for additional lodging reports which would be funded by the Vail Local Marketing District up to $12,100. Moffet also asked that a subcommittee of council members and staff prepare information for a proposal that would request interested parties contact them about leasing space for a local grocery store. Bugby moved to appoint Daly and Moffet to work with the Town Manager to investigate a grocery store use at the Vail[ Village Inn Phase 5, Unit 2, a town owned location. Kurz seconded the motion and it passed unanimously (7-0). The fourth item on the agenda was the Town Manager's Report which included an update on the Vail Golf and Nordic Clubhouse Remodel - Contractor Selection. Zemler noted that interviews of four contractors were completed, discussions were held, ratings tabulated and the panel selected Evans Chaffee Construction Group as the general contractor for the project. The team would begin negotiating pre construction preparations and costs to include in the contracts. These contracts would be reviewed by Town Council. There was also a brief update about the Covered Bridge construction to begin once the season ends, from April 20 for 30 days, which would address some of the erosion and required repairs of the bridge and girders. The fifth item on the agenda was Ford Park 2015 Summer Managed Parking presented by Greg Hall, Director of Public Works. The summer parking proposal was presented in order to obtain Town Council and community input on this topic as there have been some changes suggested to the Ford Park 2015 Summer Managed Parking Program. He noted since 1998 town staff have been working with the Ford Park user groups to present a summer managed parking plan to the Vail Town Council for review and direction as it is an objective called out for in the Ford Park Master Plan. Changes to the plan included the following: 1. Use east -end portion of the upper bench parking lot for only user group employees 2. Use west -end portion of the upper bench parking lot which is about 40 some spaces with a separate entrance/exit location as a reserve area to be leased from the town by the user Town Council Meeting Minutes of April 7, 2015 Page 2 group. This area would be managed by a valet serviced and the user group. VIP Parking Solutions owner spoke about the valet service programming. 3. Use the middle portion of the upper bench parking lot for the general public users of the park at a fee of $10 per space which would be managed by Town of Vail staff. This would equate to eleven (11) days during the summer for paid parking. It was noted that the express buses would continue to run on those days. 4. Consider possibly running the in -town shuttle from Memorial day to Labor day, which equates to additional service since the shuttle does already run on the managed parking days. He noted that the additional service was estimated at $87K. There was discussion about some of the following items: ✓ What time to begin charging for parking, 3 pm, 4 pm ? ✓ Do users pay on the way in the lot rather than paying on the way out of the lot ✓ The 2015 supplemental budget does include costs for some parking equipment ✓ Are the user groups comfortable with the proposed changes? ✓ The user groups would not have access to the bus lane area Mayor Daly opened for public input beginning with user groups: ■ Bravo! Vail, Jeanne Reid and Vail Valley Foundation, Jenn Mason expressed support of the proposal and requested an extension of the bus service to Ford Park for the entire summer not just managed parking days and possible assistance with some traffic control at the upper bench parking lot. They expressed support of continuing to work together to improve parking for users at the park as soon every day would be like July 4th holiday use. ■ VIP Parking Solution owner Adam Kahn helped explain the valet services proposed for managing the parking at the west end of the upper bench lot. He noted their experience managing Children's Ski School and other VVF functions. ■ Betty Ford Alpine Gardens, BFAG, Nick Courtens, expressed support for continuing the managed parking program, additional transit services, but did not support paid parking. • Vail Recreation District and resident Billy Suarez thanked everyone for their work on the matter and expressed support of many aspects of the proposal. It was clarified that any of the user groups would have access to reserving the west end of the upper bench lot. He expressed concern for those users of the park who must enter and exit multiple times in a day (due to tournament environment) who would continually get charged and asked if that scenario could be addressed as one time only payment. ■ Vail Nature Center volunteer Nancy Rhondo requested that volunteers be able to park close by and at no charge. ■ Walking Mountains Science Center Kim Langmaid and as contractors of the Vail Nature Center by VRD, expressed concern for their patrons there is not adequate parking throughout the day. Their request included extending the bus service throughout the summer. ■ Gwen Scapello, resident, opposed any paid parking, requested that no use dominate the park, is supportive of the bus shuttle service, asks that the fine does not apply to the general public using the lot. After some further discussion about signage and need to get cost impacts of additional bus service, Moffet moved to direct staff to complete the Ford Park 2015 Summer Managed Parking Program with an option to preserve parking spaces to be leased by the user groups on designated special event dates only and continue to require paid parking on special event dates and use express bus service from Vail Village and Lionshead Parking Structures. He also Town Council Meeting Minutes of April 7, 2015 Page 3 directed staff to provide costs related to extending the bus service to the cul-de-sac on Vail Valley Drive. Kurz seconded the motion and it passed unanimously (7-0). The Water Quality Mapping Contract Award from the consent agenda was considered at this time. Moffet moved to authorize the Town Manager to enter into an agreement with SGM and a contract to perform storm sewer and drainage basin mapping services in response to a Request for Proposals released by the Town of Vail as part of the Restore the Gore Strategic Action planning process in an amount not to exceed $125920. Kurz seconded the motion and it passed unanimously (7-0). The sixth item on the agenda was Resolution No. 9, Series of 2015, A Resolution of the Vail Town Council Extending the Deadline for Commencement of Construction of Improvements Contemplated in the Amendment to the 4/7/2015 Existing Vail Golf Course Conditional Use Permit (PEC12-0036). George Ruther, Director of Community Development, introduced the resolution, Moffet move to approve Resolution No. 9, Series of 2015; Rogers seconded the motion. Bugby asked for additional information to be presented on the topic. Ruther noted the basis for the resolution was related to the expiration date and that no other related approvals would be changed. Bugby spoke about several concerns as follows, 1) the extension allows the town to move through the planning process when there are pending court cases, 2) the town should not be the violators of this agreement, 3) the PEC failed to uphold the covenants as the parking and operations plans are not in compliance, 4) the neighborhood does not agree with the plans for the restaurant, and he continues to oppose the development of the clubhouse. The motion was voted on with a six to one approval (6-1; Bugby opposed). Stephen Connelly addressed the council about his concerns related to the funding of the clubhouse and the need to have spent time determining which market the project could have serviced. He noted the neighborhood has great concerns about how many people who will now drive through the cul- de-sac as well as parking impacts and in summary is concerned about the ongoing process. The seventh item on the agenda was first reading of Ordinance No. 5, Series 2015 an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund and Timber Ridge Enterprise Fund. Kathleen Halloran, Finance Director, introduced the new budget analyst Carlie Smith. She presented the supplemental budget that identified some of the capital projects requiring the appropriation of funds to the current year. Brief highlights included a review of year end 2014 revenues, sales tax and RETT and expenditures. 2015 detailed supplemental requests were reviewed as follows: General Fund Expenditures are proposed to decrease by $48,000: ❑ Cancellation of the U.S. Pro -Cycling Challenge will reduce expenditures by $75,000 ❑ $8,000 increased costs for the 811 "line locate" service to notify the town staff of a requested "locate" of electrical or irrigation lines. Currently the 811 center instructs customers to contact the town directly. By purchasing this service, the town is guaranteed notification of line locate requests. ❑ $9,000 re -appropriation of uniform expenditure from the 2014 budget due to late arrival of uniforms in 2015 and for Fire department coats not ordered in 2014. Revenue will be adjusted by a total increase of $341,582. A majority of these funds ($176.7K) will be reimbursement from CDOT for continuation of the 1-70 Underpass project and $118.8K from the continuation of federal grant funding for the bridge at Nugget Lane and Bridge Road. An estimated $40,000 of reimbursement from the Eagle River Water and Sanitation District (ERWSD) will offset expenditures for a portion of the Covered Bridge project and $6,091 of grant dollars from Town Council Meeting Minutes of April 7, 2015 Page 4 the Fireman's Fund Insurance Co. will offset expenditures in 2015 for some of the breathing apparatus equipment that has been requested. The remaining fire equipment requested is funded from proceeds received in 2014 from the sale of a replaced fire truck. Staff is requesting to supplement 2015 expenditures by a total of $6.2 million, $5.7 million of which represents projects budgeted in 2014 but not yet completed such as the Guest Service Enhancements / Wayfinding project, 1-70 Underpass, hybrid bus battery replacement, a transit center generator, Neighborhood Road and Bridge reconstruction, continued implementation of a new permitting system for Community Development and energy enhancement programs. Additional funding requests include the following: ❑ $417K of funding for the Buy -Down Program in recognition of revenue received during 2014 from Fee -in Lieu collections. ❑ $109K is requested for an expansion of wireless equipment and service into both East and West Vail ❑ $40K of fire equipment ($17.9K for breathing apparatus and $22.1 K of radio and communications equipment) which is paid for by the $6K grant listed above and the $35K sale of a fire truck. Council questions were asked about the wireless equipment expansion; Ron Braden responded to the comments. Greg Barrie addressed questions about the new trail funding request. Moffet moved to approve on first reading Ordinance No. 5, Series 2015; Rogers seconded the motion. Public input was invited. The motion was approved unanimously (7-0). The eighth item on the agenda was second Reading Ordinance No. 4, Series of 2015 An Ordinance Protecting Certain Stream Tract Property in the Town by Prohibiting the Installation or Maintenance of Private Improvements on Such Property. Matt Mire, Town Attorney, noted there would be follow up with a more comprehensive ordinance that would address town owned properties throughout town on this matter as this legislation only applied to Tract C. There were no further changes for second reading. Bugby asked if property owners had been contacted and it was noted that no special notice was required nor provided to property owners of Tract C. Bugby expressed opposition to the ordinance and noted the issue is still a pending court matter. Moffet moved to approve Ordinance No. 4, Series of 2015; Kurz seconded the motion. There was no public input. The motion passed with a six to one vote (6-1; Bugby opposed). The ninth item on the agenda was a review of the appointment to Design Review Board. Town Clerk Patty McKenny presented information that she had received a letter of interest from Doug Cahill to serve on the DRB. Mr. Cahill was interviewed on March 17 for the PEC vacancy but also expressed his willingness to serve on the DRB. Moffet moved to appoint Doug Cahill to serve as a member of the DRB; Kurz seconded the motion and it passed unanimously (7-0). Staff was directed to continue advertising the vacancy until one more appointment is made. The tenth item on the agenda was adjournment. There being no further business to come before the council, Kurz moved to adjourn the meeting and Bugby seconded the motion which Vail Town Council Meeting Minutes Tuesday, April 21, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Member absent: Ludwig Kurz, Mayor Pro Tem Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was the presentation of the 2015 FIS Alpine World Ski Championships Wrap Up by Ceil Folz, Vail Valley Foundation. The Vail Valley Foundation event recap included information about the attendance, demographics of spectators, television exposure, marketing and PR exposure, occupancy rates, and value received for expenditures by the Town of Vail to the 2015 FIS Alpine World Ski Championships. Mikaela Shiffrin also spoke about the championships and what the event meant to her personally and to the sport of alpine skiing. Presentation highlights included information about some of the following: ✓ Unprecedented attendance for ski racing in the U.S. ✓ Unmatched television production quality for the sport ✓ worldwide ✓ 40.1 million social media impressions since February 1 ✓ #Vai12015 trended as a top 10 topic on Twitter ✓ Athlete participation from 68 nations ✓ W4 More than 1,200 accredited media covering the event onsite ✓ Nearly 70 billion PR impressions ✓ Occupancy rates of roughly 95% on weekends throughout ✓ More than 2,200 volunteers and 175,000 volunteer hours ✓ Unmatched television production quality ✓ Record breaking coverage Mayor Daly thanked Mikaela Shiffron, championship's gold medalist and resident of Eagle County, for representing the community and making everyone so very proud. Moffet noted the state legislature adopted a resolution recognizing volunteers who helped with the event. Town Manager Stan Zemler thanked Ceil Folz and the Vail Valley Foundation for "making it happen" and doing an extraordinary job of producing the event. Ceil Folz noted the success in the production and hoped to one day do it all over again. Town Council Meeting Minutes of April 21, 2015 Page 1 The second item on the agenda was Citizen Participation with input as follows: 1. Jonathan Levine, Hummers of Vail, distributed envelopes to council and town attorney expressing continued concerns about police department and asking them to reconsider repealing their transportation ordinance. Mayor Daly noted the legal matter had been turned over to the District Attorney's Office and there is no further role by the town on this matter. 2. Larry Cavanaugh, Vail Chamber and Business Association, spoke about some observations on the 2015 WASC event thanking the merchants for their support, noting the differences of benefits for the merchants, and requested future focus on Lionshead activation. 3. Bob Boselli, OBO Enterprises owner of numerous Vail stores, also echoed request to activate Lionshead area in order to draw more crowds in that direction. 4. Dave Gorsuch, resident and business owner, expressed his appreciation of Mikaela Shiffron and the Vail Valley Foundation for their efforts with the 2015 championships. He also commented on his disappointment with the Spring Back to Vail weekend, noting the activities do not align with Vail's brand and family atmosphere. He spoke about numerous details that were very disturbing and asked that the event be reconsidered, including the music, the type of crowd it attracts, and the final pondskimming event drawing the wrong crowd. 5. Eric Perkins, resident, spoke about his concern for the Gore Creek, showing some video that show issues near the water treatment plant and impacts on muddying this location of the river. He requested that those responsible pay more attention to improving this area with better drainage. He recently fished this area and noted there are some very good improvements with the river life in the Gore. The third item on the agenda was the consent agenda which included the following: 1. Resolution No. 10, Series of 2015, A Resolution Approving an Intergovernmental Agreement (the "IGA") Between the Town of Vail and the Eagle River Water and Sanitation District (the "District") for the Covered Bridge Project; and Setting Forth Details in Regard Thereto Bugby moved to approve Resolution No. 10, Series of 2015; Moffet moved to second the motion and it passed unanimously by those present (6-0). 2. Minutes from March 3, 2015 Bugby moved to approve the March 3, 2015 minutes; Moffet seconded the motion and it passed unanimously by those present (6-0). Mayor Daly noted a couple of corrections that were already provided the town clerk. 3. Minutes from March 17, 2015 Bugby moved to approve the March 17, 2015 minutes; Chapin seconded the motion and it passed unanimously by those present; Moffet abstained since he was absent that day (5-0). The fourth item on the agenda was the appointment to Design Review Board (DRB). It was noted the interview was conducted during the work session and this action would serve as the final appointment, member number five, to the Design Review Board. Moffet moved to approve Peter Cope to DRB; Chapin seconded the motion and it passed unanimously by those present (6-0). The fifth item on the agenda was Any Action as a Result of Executive Session and there were no actions taken. The sixth item on the agenda was Town Manager's Report which included: 1) Sports fields open this weekend with soccer tournament — first event on new turf 2) The Intermountain Fuels Reduction Project Memorandum - Vail Fire Department. Town Council Meeting Minutes of April 21, 2015 Page 2 Mark Novak, Fire Chief, and Paul Cada, Wildland Fire Coordinator, were present to answer any questions. Mayor Daly was pleased to see USFS moving forward with the project and is concerned they may not address all the area. The seventh item on the agenda was the Lionshead Structure Permanent Skate park Update presented by Todd Oppenheimer, Town Landscape Architect; Chad Young, Vail Recreation District Representative; Cameron Chaney, Skate park Committee Member; Mike Dunlap, Skate park Committee Member. In summary, Town Council was asked to consider and give direction on the three items relating to the Lionshead Skate Park: 1. Approve the Lionshead Parking Structure proposed site as the location for a permanent skate park in Vail. 2. Approve an overall project budget for the construction of a permanent skate park of $1,550,000 to be included in the next supplemental budget. 3. Award the contract for the design portion of the Design/Build skate park contract to California Skate parks in the amount of $83,500. It was noted the Town Council has discussed the feasibility and potential budgets of a permanent skate park in the proposed site of the Lionshead Parking Structure and directed staff to continue refining preliminary skate park design, solicit proposals from qualified skate park contractors and investigate the project for ramifications related to the possibility of adding a 4th deck to the garage, in addition to any other issues that may prevent the project from moving forward at this time. There was a review of the site selection overview and history, with slides showing views from the proposed location, with several advantages identified including noise, light, parking, access, convenience. There were some Town Council comments about the proposal as follows: ✓ Want the skate park to be world class product ✓ Liability issues were identified and discussed ✓ Group was commended for creativity and effort ✓ Many think the town desperately needs a skate park ✓ This is a compromise and is not a state of the art facility or world class ✓ Proposal included integrated public art opportunities and would need this so it looks inviting and innovative Rogers moved to approve the proposed site, the gap between the north and south ramps of the Lionshead Parking Structure, as the location for a permanent skate park in Vail. Moffet seconded the motion. There were several reasons she noted which supported her motion, 1) there has been ample review of the topic which has been very thoughtful, 2) the location is safe for spectators and very accessible for visitors, 3) the park will be a real asset to the town. She raises the question about the costs at this time and further discussion with Todd Oppenheimer continued about the project budget outlined below and selection process. Skatepark design and public process $ 83,500 General construction, site work, electrical, safety screen $ 523,670 Skatepark construction per final design $ 614,350 Additional skatepark mini ramp $ 65,000 Integrated Public Art $ 50,000 Engineering and Code Analysis $ 59,380 Contingency $ 154,100 Total $1,550,000 The process for selection of a design/build contractor included a request for qualifications with 11 firms responding, and then a request for proposal was issued to 6 companies with 4 responding. They conducted interviews with 4 companies, completed reference checks, reviewed and evaluated responses and approach of each company, with final recommendation Town Council Meeting Minutes of April 21, 2015 Page 3 presented to work with California Skate Parks. The schedule was noted with design and approvals to occur from May through July and construction slated for August through October 2015. Mayor Daly asked for public input at this time and Billy Suarez, VRD and resident, spoke about his skeptism and concerns as to whether the proposal would meet a world class status but was generally supportive as there is a great need for the activity for kids. Council's input addressed some preferences about reviewing and approving the design before doing next steps and use of some local vendors to do the work. There was also some information presented by Greg Hall, Director of Public Works, which addressed improvements and costs to the transportation structure that would add a 4th level. Mayor Daly noted the motion on the floor (by Rogers to approve the Lionshead Parking Structure proposed site as the location for a permanent skate park in Vail with a second by Moffet). Bugby questioned if the location was the most ideal one and hopes to make the park safe and world class. He also noted his preference to only address the design budget and not the entire budget. Zemler noted the total projected budget was not in the 2015 budget; it was noted $206K was budgeted for the temporary skate park and $75K included for the new skate park design services. He suggested Council not address the total budget identified ($1.5M) until the design is completed and then a total proposed budget for the project would be presented. Rogers noted her motion only addressed one topic to approve the Lionshead Parking Structure proposed site as the location for a permanent skate park in Vail. The motion seconded by Moffet was approved unanimously (6-0). Rogers then moved to award the contract for the design portion of the Design/Build skate park contract to California Skate Parks not to exceed the amount of $83,500. The motion seconded by Moffet was approved unanimously (6-0). Council thanked the group for their work and commitment to the project. The eighth item on the agenda was 2014 Year-end Investment presented by Kathleen Halloran, Finance Director. No formal action was requested since the item was informational only. She noted Section 2-2-8 of the Town Code required an annual presentation of the town's investment report, which is also provided as a written report each quarter. The review included information through December 31, 2014 with a review of the guiding policy principles and objectives. Several graphics that represented the yield, results, comparisons, and investment strategies were reviewed as well as an investment outlook summary below: Expect the low interest rate environment to continue Stick to our investment policy objectives: safety, liquidity, and yield Continue to manage investment mix and decrease maturities until rates increase Make strategic decisions for use of cash for capital projects as appropriate Update the town's investment policy to allow participation in the Colo Trust Plus plan which invests in commercial paper The ninth item on the agenda was second reading of Ordinance No. 5, Series 2015 an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund and Timber Ridge Enterprise Fund. Kathleen Halloran, Finance Director, noted two changes: 1) Reduced Capital Improvements Fund by $450K (removed expenditure for ventilation system at Donovan Pavilion) 2) Increased General Fund for bus service expenditures related to Ford park summer transit services Greg Hall presented Ford Park in -town bus service extension proposals for the summer 2015 service and related costs based on feedback from user groups and council direction during the Town Council Meeting Minutes of April 21, 2015 Page 4 April 7 Vail Town Council meeting. He noted Ford Park is served in two ways during managed parking days, 1) the in -town shuttle is extended to include the Ford Park stop on Vail Valley Drive; and 2) the Ford Park Express Service runs between Lionshead, Vail Village and Ford Park via the Frontage Road. Several extended In -town service scenarios were reviewed: • Memorial Day through the end of September • Memorial Day through Labor Day • June 14- Labor Day • June 14- August 8, this is the last day ford park managed parking day interferes with Nature Center programs. The staff reviewed the service from the hours of 9AM-6PM in addition to an evening period from 6PM-9PM. The costs of providing the various service levels are as follows: 9AM-6PM 6PM-9PM Memorial Day through the end of September $ 92,835 $ 31,146 Memorial Day through Labor Day $ 80,419 $ 13,667 June 14- Labor Day $ 65,693 $ 9,515 June 14- August 8 $ 34,868 $ 4,498 There was general council support to increase services along with some questions about ridership numbers and impacts to the Frontage Road service. Rogers moved to approve Ordinance No, 5, Series of 2015, a supplemental budget ordinance that included transit services to run from Memorial Day through September 30, 2015 up to the estimated number $92, 835. Further discussion ensued about the timeframe for providing the services and demand for services which then resulted in Roger's moving to amend the motion to approve on second reading Ordinance No. 5 which included the extensions of transit services beginning June 14, 2015 through the end of September 2015 from the hours of 9 am until 9 pm with a maximum amount not to exceed $150,000. Moffet seconded the motion and it passed (6-0). The tenth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (6-0) and the meeting adjourned at 8:25 p.m. Respec y Submitted, Attest: �� Andrew P. Daly ayo X..u�r �,.� --r .aN OF � _ SEAL Town Council Meeting Minutes of April 21, 2015 Page 5 Vail Town Council Meeting Minutes Tuesday, May 5, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation Paul Sideman, resident of Chamonix Chalets, shared his observations about speeding on Chamonix with a request for more signage and striping to help mitigate the problems. He would support speed dips as well. Kerry Thelan, Director, and Kerry Conklin, President, Vail Valley Soccer Club, shared concerns about the rental of the Ford Park fields to the Storm Club, front range based soccer club, for a tournament this upcoming summer. They noted the club misrepresented their booking and it would conflict with the WSC fall tournament efforts and their ability to fundraise for their local club. Mike Ortiz, VRD, confirmed there is an executed contract with the club for their tournament. He expressed support for reviewing the impacts of field rental to non local groups who may compete with local groups and tournaments. He noted their contract does not require groups to identify greater details about their events. Moffet expressed he was not supportive of outside groups using Vail's field for their tournaments unless there is correlation with Vail's other amenities, especially since this group has nothing that connects the attendees to Vail's lodging. The second item on the agenda was the consent agenda as follows: 1. Resolution No. 11, Series of 2015, A Resolution Approving an I ntergovem mental Agreement (the "IGA") Between the Town of Vail and the Eagle River Water and Sanitation District (the "District") for the Rockledge Road and Forest Road Project; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 11; Bugby seconded the motion and it passed unanimously (7-0). 2. Proclamation No. 2, Series of 2015, A Proclamation declaring May 2015 as Building Safety Month Town Council Meeting Minutes of May 5, 2015 Page 1 Martin Haeberle, Chief Building Officials, spoke about the proclamation and Rogers then read the proclamation in entirety. Rogers moved to approve Proclamation No.2; Kurz seconded the motion and it passed unanimously (7-0). 3. Minutes from April 7, 2015 meeting Moffet moved to approve minutes from April 7, 2015; Bugby seconded and the motion passed unanimously (7-0). 4. Camera System for Transit Buses Contract Award Clarification was provided by Greg Hall, Director of Public Works, about the bid process and final determination on the vendor; he noted the decision was about selecting the most responsive bidder who met the performance criteria established. Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Mobile View to complete a camera system in the Town of Vail transit fleet as proposed in the amount not to exceed $292,009. Bugby seconded and the motion passed unanimously (7-0). The third item on the agenda was any action as a result of Executive Session and there were none. The fourth item on the agenda was Town Manager's Report which included information about the following items: 1. 2016 Budget Preview meeting proposed for Tuesday, July 7, 2016 A meeting to begin discussion about the 2016 budget was proposed for morning of July 7th on same day as council meeting. 2. Marijuana Policy Ordinance Update It was noted staff would return with additional information about marijuana policy recommendation on the moratorium. Rogers requested information about what other communities are doing in this regard, problems identified, revenue generated. Daly requested the item be scheduled for evening meeting agenda and an update from Director of Community Development, George Ruther, and his stakeholder committee review. 3. Invitation from Avon Town Council to meet to discuss topics of interest in June; there would be further review of the date proposed and topics for discussion. The fifth item on the agenda was the 1-70 Vail Underpass Funding Decision as presented by Tom Kassmel, Public Works Engineer, with a request for additional funding for the 1-70 Vail Underpass construction. The 1-70 Vail Underpass is a proposed new multimodal pedestrian and vehicular connection that is midway between Main Vail and West Vail exits, passing under 1-70. He noted the Project is currently over the original cost estimate and in order to keep this project on schedule, and to utilize the RAMP funds, the Town of Vail would need to commit to a maximum dollar amount to contribute to this Project. The maximum contribution amount would be submitted to the Colorado Transportation Commission for review and final funding request during their June meeting. Based on this design, the design team completed an updated Opinion of Probable Construction Cost (OPCC#2), completed by the projects Construction Manager/General Contractor (CMGC) contractor, Edward Kraemer & Sons, and an independent cost estimator, Stanton Constructability Services. The total project cost was now estimated at $30.1 million, $9.3 million over the original estimated budget. So in order to maintain the current CDOT/Town of Vail funding partnership of 71%/29% respectively, the minimum additional funding the Town would need to provide is $2.73 million and CDOT would need to provide $6.57 million. This cost updates do not include the additional incremental funding the Town may decide to budget for Art in Public Places, which is recommended to be $335,000 by the AIPP Town Council Meeting Minutes of May 5, 2015 Page 2 Board. He noted the Town's $2.73 million additional contribution for the Project could be reduced by a credit of $0.2 million for in kind town staff salaries for project management, resulting in an additional funding need from the Town of $2.53 million for the Project plus $335,000 for art, or a total net additional cash contribution of $2.865 million funded by the VRA. This estimated additional lump sum contribution would be reviewed by the Transportation Commission, if a decision is made to fully fund the Project, then a final IGA would be executed and the remaining funding and construction risk of the Project would be assigned to CDOT. Tom Kassmel presented a 3D video describing the project and 2D rendering of the project with additional information presented in a slide show. ✓ purpose & need of the project — ✓ Cost Sharing: 29% share cost for tov & 71 % from cdot cost share with total cost coming in around $30M ✓ Land Acquisition processes would need to begin this summer ✓ Construction impacts and timing were reviewed ✓ Estimated costs were reviewed ✓ There could be various ways identified in which to fund the entirety of the project, i.e. use of other grants, nothing is guaranteed at this time ✓ There is a final design on the project ✓ Deadlines were reviewed as required by the RAMP projects ✓ Vail Reinvestment Authority budget and long range projections were reviewed ✓ Unfunded projects list from both the RETT & CIP funds was identified ✓ Next steps were reviewed ✓ If funded, the Project schedule will be as follows; ROW Acquisition Process May 2015 - May 2016 CMGC Contract Negotiations Dec. 2015 - Jan 2016 Public Bid if CMGC is unsuccessful Jan 2016 - March 2016 Construction April 2016 - Dec. 2017 ✓ If unfunded, the Project will be "shelved" indefinitely until funded. Council input was as follows: Rogers wanted to understand the list of all projects and funding capabilities and the list of projects that would be unfunded. Finance Director Kathleen Halloran reviewed some of the projects in the projections. When asked about funding a list of projects it was noted VRA would fund the following: 1. Municipal Site Re -development estimated $15M 2. LH Skate Park estimated $1.5M 3. Recreation trails/path estimated $2M 4. Parking Structure maintenance / improvements estimated @ $18 (remodel) to $38 M (total reconstruction) 5. Chamonix project TBD 6. East Vail interchange TBD 7. West TimberRidge TBD In conclusion, it was noted the funding ability is adequate and the funding details would require further consideration. Moffet noted his concern about the assumptions of the growth in costs with further discussion occurring about the TIGER funding program. Daly asked the question "should the town approve the additional funding or "kick the can down the road" and opened the topic to public comment. Town Council Meeting Minutes of May 5, 2015 Page 3 Charlie Calcaterra, Simba Run resident and board member, expressed concern about estimated costs of the land acquisitions by CDOT as too low; he noted they continue to review the project and these numbers with a consulting attorney and their approach would be to sell their right of way land at market value. They are also very concerned about commitments and decisions made up to this point which may now be in jeopardy. Bob Armour, resident, expressed support of this project moving forward and noted he wished they had done so 20 years ago when it was first on the table. He thanked Tom Kassmel for his work and commitment on the project. Kevin Foley, resident, expressed support of the project and sees it as a benefit for the citizens of the community; it is a project long overdue. Carol Calcaterra, Vail taxpayer, questioned the estimated costs cautioning that there are no guarantees with cost estimates, and likely the project will bid higher. She preferred spending the dollars on other projects for the town. Daly asked about the value engineering pricing process and how the staff and CDOT could further identify opportunities for savings without reducing some of the commitments. Bugby moved to approve the additional funding at $2.73M (without public art costs), however there was no second to the motion. Chapin moved to approve the additional funding in the amount of $2.865 M for the project, noting that the project supports improving the guest experience by reducing congestion and creates a more optimum situation as new growth is planned and implemented. In addition he noted the safety pedestrian enhancements the project will address as well. Bugby seconded the motion. Kurz also expressed support of the project noting that some of the capital projects on the table are answer to staying competitive. Moffet expressed concerns about the project noting its speculative nature; he preferred monies be spent on projects like the Chamonix project. Bruno expressed concerns about cost increases, but knows some of the improvements address safety and connectivity needs which she supports. Bugby noted the importance of the project to some of the neighborhoods and the need for better access for the town residents. Daly expressed support for the project for all the reasons stated and sees CDOT as an excellent partner in a much needed project. Rogers remained conflicted about the project and encouraged CDOT to stay consistent with the cost sharing breakdown. The motion passed (6-1; Moffet opposed). The sixth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned. Respec Ily Submitted, Attest: OF ew P. Daly, M or Patt Mc nny, own C r see .SEA •;P Town Council Meeting Minutes of May 5, 2015 Page 4 Vail Town Council Meeting Minutes Tuesday, May 19, 2015 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 Andy Daly. Members present: Members absent: Staff members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Dave Chapin Greg Moffet Margaret Rogers Jenn Bruno Dale Bugby Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was DRB/PEC updates; there were no call ups on the actions of the boards. The second item was on the agenda was a listing of information updates identified below: 1) Community Picnics: Proposed Dates - July 14 and August 11 (Tuesdays); it was proposed to scheduled July 28th instead of July 14tH 2) Eagle County District Attorney follow-up investigation correspondence 3) CSE May 6, 2015 DRAFT Meeting Minutes 4) VEAC May 12, 2015 Meeting Minutes 5) REVISED May 5, 2015 Revenue Highlights 6) Ford Park Maintenance Update In response to a Town Council request, an update was provided on this topic. There was some background information presented in the packet memo that spoke to a meeting of the user groups, i.e. staff from the Town of Vail, Vail Recreation District, Vail Valley Foundation and the Betty Ford Alpine Gardens, which occurred August 24, 2014 and December 2, 2014. The discussions focused on the maintenance responsibilities for the landscape areas and buildings at Ford Park. The purpose of the meetings was to resolve the following items. • Define maintenance boundaries • Define expectations for the level of quality and frequency of maintenance • Identify areas that need to be improved Greg Hall, Director of Public Works, answered questions related to this topic and noted that the agreement is only in draft form and would be reviewed with the user groups in the near future, along with other amendments drafted for their leases. Town Attorney suggested it would be recommended the maintenance agreements would be included as an exhibit to the leases and further internal staff review was in order. Town Council Meeting Minutes of May 19, 2015 Page 1 The third item on the agenda was Matters from the Mayor, Council and Committee Reports with updates as follows: ■ Moffet shared that he was appointed to the Colorado's State Land Board which manages endowment of assets held in trusts for financial support of Colorado's public schools. . ■ Kurz spoke about his attending Battle Mountain High School's student recognition awards program. ■ Chapin thanked Public Works for finishing covered bridge improvements earlier than expected. He also mentioned the attention being given to mitigating speeding on Chamonix Road in hopes of reducing speeding in the neighborhood. ■ Daly noted the legislation that was approved and signed at Beaver Creek last week with action which authorizes more study on the snow tires regulations. He also expressed disappointment with the passage of restricting legislation related to urban renewal process and authorities. He also asked that further review be given to the town's clean up day in light of minimal participation, he suggested evaluating if it might be better repositioned as a community event and not a charitable event and move it to the weekend instead of a week day. And finally there was mention of CDOT's maiden voyage event on June 11 for the Bustang, a new interregional bus service traveling to and from Denver's Union Station. The ninth item on the agenda was the Vail Youth Recognition Awards with Scott O'Connell, Vail Recreation District presenting (this item was moved from later in the meeting). He spoke about the awards as an annual Vail Youth Recognition Award to be given to a qualified recipient, one each from Battle Mountain High School and the Vail Mountain School. The purpose of the award was to recognize and reinforce outstanding achievement by youth of the Upper Eagle Valley, both for their individual achievements and as role models for their peers. Awards were presented to Alex Plzak, Battle Mountain High School, and Kaylie Evans of Vail Mountain School. Daly expressed congratulations to the students and commended their leadership amongst younger people, recognition for their setting the example for other students and their contributions to making the Vail Valley a very special place. The fourth item on the agenda was the Executive Session and Moffet moved to convene to executive session pursuant to: 1) C.R.S. §24-6-402(4)(b) -to receive legal advice on specific legal questions Regarding: update on pending litigation Town of Vail , Staufer Commercial LLC and Vail Village Inn, Inc. v. Village Inn Plaza — Phase V Condominium Association and Town of Vail Case No. 2014CV30259. Kurz seconded the motion and it passed unanimously. The Town Council met in Executive Session at 5:25 p.m. and adjourned at 6:00 pm and reconvened the regular meeting at 6:05 p.m. The fifth item on the agenda was Citizen Participation with public input as follows: Diane Johnson, ERWSD, invited the community to attend the annual state of the river meeting this Thursday, May 21 Colorado Mountain College in Edwards at 6 p.m. She noted the topics as 1) state of the river in balance all the way down to Mexico, 2) land use and water planning, and 3) water quality. It was noted Town of Vail staff member Kristen Bertuglia would be seated as one of the panel speakers. Rogers asked if there would be a report of some sort to the town council as well as the public might be very interested. The sixth item on the agenda was the consent agenda as follows: 1) Minutes from April 21, 2015 meeting Moffet moved to table the minutes so the town clerk could review the video from the meeting and confirm the language of the motions made by Rogers. Kurz seconded the motion and it passed unanimously (5-0). Town Council Meeting Minutes of May 19, 2015 Page 2 2) Approval of Vail Police Department Approval of Budget Adjustments Memorandum Moffet moved to approve the budget adjustments made by VPD; Kurz seconded the motion and it passed unanimously (5-0). 3) TIGER VII Grant Application - letter of support Moffet moved to authorize the Mayor to sign on behalf of town council the letter of support for the TIGER VII grant application; Kurz seconded the motion and it passed unanimously (5-0). 4) Charging Stations Grant and Budget Memorandum Moffet moved to approve the change to the budget revenues and expenditures related to the charging stations upgrades, which includes upgrading the electrical conduit to the station sites and equipment/installation of wireless communication devices. Rogers seconded the motion and it passed unanimously (5-0). It was noted the charging stations would be connected to the town's parking system, enabling customers to make a reservation to use the charging station and receive a text message from the system when the charging is complete. The town would also have the ability to charge the customer's "EV Card" for the service at the point of exiting the structure. There was a request to create an educational public outreach on the upgrades and the program offerings and the change would be included in the next supplemental budget ordinance. The seventh item on the agenda was any action as a result of executive session and no action was taken at this time. The eighth item on the agenda was the Town Manager's Report and there were no items reported on at this time. The tenth item on the agenda was the 2015 Burton US Open Snowboarding Championships Wrap up as presented by Nick Sargent, Burton Snowboard. The final presentation to the Vail Town Council recapped the attendance, demographics of spectators, television exposure, marketing and PR exposure, occupancy rates and value received for expenditures by the Town of Vail to the 2015 Burton US Open Snowboarding Championships. Other topics which were discussed included: ■ A recap of their best event ever which is in its third year, a great sports event for community and visitors ■ 2015 USO Burton Event goals were identified and reviewed ■ Event success highlights, i.e. athletes, visitor profiles, snowboarders, tv programming, webcast production, media attendance, social media review, with final review of the 1) local merchants, 2) local youth, 3) community ■ Review of their first year to implement a survey completed by RRC in order to establish a baseline; some interesting information was captured ■ Currently negotiating another 5 year commitment with Vail Resorts Inc. for mountain operations of the event ■ Their Burton booklet helped recap the event for the community ■ Discussions about 2016 event to be held February 29 through march 5 Town Council expressed appreciation to the event promoters for the success of the event and expressed enthusiasm for continuing to host the event. The eleventh item on the agenda was a review of parking with the redevelopment of the Vail Municipal Site. The purpose of the discussion was to provide an update on the potential of constructing a structured parking garage on the Town -Owned Municipal Site. George Ruther, Town Council Meeting Minutes of May 19, 2015 Page 3 Director of Community Development noted no action was required, however, based upon the information shared in the update any issues, questions or concern would be requested. The Vail Town Council instructed town staff to explore the option of constructing a structured parking garage on the Town -owned Municipal Site. Specifically, the option of constructing a parking structure that would not only meet the parking needs of the municipal office building use on the site, but also the opportunity to partner with the Vail Valley Medical Center to address a portion of the parking needs of the VVMC. At this time, it was anticipated that the municipal office use would generate the need for approximately 80 spaces. There was a review of a site plan with 2 different concepts. Council members expressed concern about giving up options on redeveloping the town site by overcommitting to a parking structure that would provide parking t VVMC, at this time. There was some input and discussion about the elevation of a parking garage. Representatives from Vail Valley Medical Center were present, including CEO Doris Kirchner. Other council comments included: Rogers preferred to hold onto town land for town uses and not give away for medical facility parking uses at this time. She'd like to create some kind of "learning campus" on the town site. Moffet preferred that VVMC solve its parking challenges on their campus and suggested the costs do not really outweigh the construction of the spaces. Kurz preferred to really research the town's municipal site and make sound decisions as to what happens on the site to maximize its use. Rogers supported the idea of prioritizing what the uses would be on the property and was more concerned about preserving town Chapin supported protecting, controlling and improving the town's asset at this time and was not supportive of providing the additional parking at this time. Daly also supported the idea of a future learning center on the municipal site. He suggested evaluating the town's chartered bus site as a possible location to partner with VVMC for parking. Rogers moved to not consider building parking on the municipal site in partnership with the Vail Valley Medical Center, and asked that the Town require VVMD meet their parking requirements on their medical facility campus site. She revised the motion then include that no further conversations would be held on this proposal presented. Moffet seconded the motion and also agreed that this current proposal not be presented again. Daly asked for public input at this time and Jim Lamont, Vail Homeowners Association, suggested completing an analysis and a cost benefit proposal on the parking options so that the community can understand what those numbers might include. Kurz noted he was not necessarily on board with the motion since it implies the town would preclude any further review of such potential parking proposal on the site. Ruther noted their expectation was not to take any formal action on the topic, but rather just take questions and concerns. Rogers clarified that the motion indicates that staff has spent enough time on this particular proposal and site plan. The motion passed with a majority vote (3-2; Daly and Kurz opposed). Town Council Meeting Minutes of May 19, 2015 Page 4 The twelfth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which passed unanimously, (7-0) and the meeting adjourned 7:30 p.m. Attest: ac nny, To rk .� AF,_ :SEAL Resp u y Submitted, Andrew P. Daly, Mayo Town Council Meeting Minutes of May 19, 2015 Page 5 Vail Town Council Meeting Minutes Tuesday, June 2, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda were several Town of Vail Employee Recognitions: 1. Vail Communication Center received the APCO's State of Colorado Communications Center of the Year Award 2. Kelli McDonald, Economic Development Manager, received Vail Valley Partnership's Tourism Professional of the Year Award 3. Nomination for Town of Vail for Actively Green 2015 Award by Vail Valley Partnership (represented by Kristen Bertuglia, Environmental Sustainability Manager) 4. Dwight Henninger, Vail Police Chief, received the Terrorism Liaison Officer Executive Award by the Colorado Information Analysis Center in Arvada on behalf of his leadership and work for the 2015 World Alpine Ski Championships. CIAC is part of the Colorado Division of Homeland Security and Emergency Management within the Department of Public Safety. The second item on the agenda was Citizen Participation and no comments were made. The third item on the agenda was the Consent Agenda: 1. Resolution No. 13, Series of 2015, A Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Comcast of Colorado VI, LLC and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 13; Rogers seconded the motion and it passed (7-0). 2. Resolution No. 14, Series of 2015, A Resolution Approving an Intergovernmental Agreement (the "IGA") Between the Town of Vail and Eagle County (ECO Trails Department), and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 13; Kurz seconded the motion and it passed (7-0). 3. Resolution No. 15, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Transportation Regarding Bustang Access; and Setting Forth Details in Regard Thereto Moffet move to approve Resolution No. 15; Kurz seconded the motion and it passed (7-0). 4. Resolution No. 16, Series of 2015, A Resolution for the Chamonix Parcel Contract Award for Site Design and Architectural Services Town Council Meeting Minutes of June 2, 2015 Page 1 Moffet moved to approve Resolution No. 15 to award the contract to 359 DESIGN referencing reasons outlined below; Kurz seconded the motion and it passed (7-0). ■ 359 DESIGN is experienced and uniquely qualified to complete the scope of work being requested to achieve the community's goals for development on the Chamonix Parcel. ■ 359 DESIGN has a successful track record with affordable housing projects and demonstrated the ability to work productively with the Town of Vail as their client. ■ The final services agreement and scope of professional services exhibits shall be reviewed as to form by the Town Attorney, prior to execution. ■ The total professional fee is approximately <2% of the estimated total project budget (assumed project budget of $34M - $36M) ■ The two step project approach allows the Town to break ground on the initial phase of site access and utility construction in the Fall of 2015. ■ The services agreement allows the Town to stop work on the project at any time, at its convenience and without penalty. ■ The consultant team that been assembled is well qualified and has an extensive amount of experience working on projects within the Town of Vail 5. Award contract for design services for Bridge Road Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Loris and Associates, Inc. to complete the design phase of the Vail - Bridge Road structure in the amount not to exceed $248,839.00; Rogers seconded the motion and it passed (7-0). Staff was asked to review the design of this bridge road work with the neighborhood. The fifth item on the agenda was Town Manager's Report and nothing was reported on at this time. The sixth item on the agenda was a review of the 2014 audited financial statements for the Town of Vail presented by Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and Associates. Highlights of the 2014 audited financial statements were presented. The Vail Town Charter requires an independent audit be made of all town accounts at least annually. The 2014 audit was conducted by McMahan and Associates, LLC, and topics highlighted included: ■ Net position & statement of activities ■ Debt financing of the Vail reinvestment Authority ■ Fund financial statements and reserve history ■ w/ a history of the reserves ■ Fund performance and accomplishments for each of the funds, General Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund ■ Confirmed the information was correct and the auditor's letter indicated a "clean" report on the town's financial statements. Mayor Daly asked two questions, 1) would the council need to be made aware of any misstatements found by the auditors; Jenkins indicated there were no misstatements found in the reports; and 2) would there be any need to convene into executive session; Jenkins indicated there were not any reasons to meet in executive session. Mayor Daly thanked McMahan and Associates and town staff for their efforts in preparing the financial report. The fourth item on the agenda was the appointments to Vail Housing Authority and the Vail Local Licensing Authority. The candidate interviews were conducted during the earlier work session. Kurz moved to appoint Steve Lindstrom to a five year term serving on the VLHA; Moffet seconded the motion and it passed (7-0). Kurz moved to appoint Luca Bruno, Ted Steers and Amanda Zinn to two year terms to the VLLA. The motion was seconded and passed Town Council Meeting Minutes of June 2, 2015 Page 2 with Jenn Bruno abstaining (6-0). Mayor Daly noted the record of their votes were recorded by name and were available from the town clerk's office. The seventh item on the agenda was the Vail Golf and Nordic Clubhouse Project Update. Project presenters included Greg Hall, Director of Public Works Town of Vail, Chris Penney, NV5 Inc., Project Owners Representative, Tim Losa, Zehren and Associates Inc., Project Architect. The last time an update was presented to town council was March 3. 2015. The team shared progress made related to the 1) DRB approved plans and exterior renderings, 2) proposed interior finishes and interior renderings, 3) project schedule and public outreach. Chris Penney, NV5, reviewed the progress with information about design and kitchen consultants, the Construction Management/General Contractor estimates underway, the (CMGC) Selection and Preconstruction Services, the temporary structure status, the design/schedule and a summary of budget status, soft and hard costs and contingency amounts. Council had some questions and discussion ensued on several items: 1) Change order authority; it was noted the authority is only with the Town Manager / Director of Public Works 2) The liaison who would be communicating with the neighborhood; it was noted a representative from Evans Chaffee construction company would serve in this role 3) The status of the public outreach plan; meetings are slated for June and July 4) The status of the weekly project team meetings Timothy Losa, Zehren and Associates reviewed the many items and outcomes included in the project planning process referring to the site plan, summer and winter floor plans, a preview of the exterior materials and finishes, review of the renderings and elevations. He spoke about their needs assessment for the user groups, 1) golf course operations, F&B staff, caterers, and retail services. Bugby asked questions about what has been done to improve the sewer system and the parking and expressed concerns about the project overall and whether the remodel project improves the golfer's guest experience. Next steps were identified as follows: • Apply to Design Review Board for Temporary Clubhouse facilities approval. • Begin FF&E selection process • Provide public information regarding the approved design and project components. • Host multiple public information meetings in the July timeframe regarding construction. • Continue to update the cost estimate as design progresses and manage risk • Complete the project construction documents. • Submit for the necessary building and other permits for clubhouse and temporary facilities. • Begin construction in September 2015. • Complete the construction within 10-12 months Mayor Daly opened the public hearing and comments were heard: Sam Maslack, Sunburst Drive, asked about contingency plan if a court decision was reached preventing the town the ability to construct the golf course. Debra Webster, Sunburst Drive, asked if the contractor knows about the litigation. Bugby spoke about the need for revising economic projections for the project. Mayor Daly asked council members if there was support to direct work on updating the projections and only Bugby favored the request. There was no further discussion on this topic. The eighth item on the agenda was the public hearing on the topic of recreational marijuana. The purpose of this public hearing was to provide the Vail Town Council an update about the Town Council Meeting Minutes of June 2, 2015 Page 3 use of recreational marijuana throughout Colorado for the past 18 months and request input on whether their would be interest in establishing a policy for regulating recreational marijuana establishments within the community. George Ruther, Director of Community Development noted their materials contained a great deal of information, some of which was a product of their committee convened to study the topic. Rogers reminded staff she was still interested in hearing about the retail sales experiences of Aspen and Breckenridge since they have adopted legislation that allows these establishments. There was some discussion about "clubs" that would allow guests/people to partake in marijuana smoking and what communities have taken the question to a local vote of the community. It was also suggested that the lodges and businesses may have input about what might be currently happening along with ideas about what would be preferred. Daly opened the public hearing with a question, "should the town of Vail allow retail marijuana in Vail?" and comments were as follows: ✓ Kevin Kelly, spoke about how guests don't have a place to smoke marijuana and suggested the survey questions were confusing and not sure how that impacted the results. ✓ Eric Perkins, resident, wasn't sure why it should be legalized in Vail. ✓ Jason Platt, Eagle River Youth Coalition, expressed their position of limiting exposure and access of of marijuana for our community youths. ✓ Charlie Calcaterra, Simba Run resident, supported permanent ban noting several reasons why and mostly in terms of keeping it away from youth. Additional discussion points included the legal ramifications of edibles, the regulation of vendors selling vaporizers, how hotels/lodges manage the use of marijuana on their premises, and the questions of why sell it if there is no location to smoke it, time to "ban it". Moffet moved to not affirmatively ban marijuana, and noted since retail sales are not a permitted use per the town's land use code, the legislation is really already on the books. There was no second to the motion. Daly asked staff to return with proposal before the current ban expires based on further input given and request for more information. The ninth item on the agenda was Ordinance No. 6, Series of 2015, an Ordinance Amending Title 5 of the Vail Town Code by the Addition of a New Chapter 13, Entitled "Stream Tract Protection", to Prohibit Private Improvements on Stream Tract Property in the Town of Vail. George Ruther, Director of Community Development presented the topic with the review of the memo noting the town has already been very actively addressing the issues in the community with mixed responses and results. He noted the ordinance provides improved contexts for enforcing the regulations, some of which hopes to accomplish the following: 1. further protects the public health, safety, and welfare of the community by regulating sensitive stream tract areas in the Town 2. prohibits private encroachments in stream tract areas, 3. further ensures that the stream tract areas remain natural open space and serve the purposes for which they were intended, 4. creates a procedure by which the Town may abate an encroachment and seek reimbursement, and 5. establishes a mandatory violation and penalty provision for failure to comply. Moffet moved to approve Ordinance No. 6; Rogers seconded the motion. Daly opened public comment at this time. Eric Perkins, expressed support of the ordinance. Town Council Meeting Minutes of June 2, 2015 Page 4 Mery Lapin, resident, expressed support for the ordinance but would prefer stronger language related to the stream setback, the distance has to be a certain amount, and the stream tract as it related to town owned property. Jim Lamont, Vail Homeowners Association, expressed support of the legislation as well. Ruther entered into public record email correspondence from Peter Gladkin who wrote about his support of the ordinance. Eagle River Water and Sanitation District presented comments to the Town Attorney about their concern with the ordinance related to the fact that their own structures are located in the stream tract. It was clarified the ordinance only addresses private encroachments not public infrastructure in the stream tracts. Bugby expressed concerns about the ordinance requesting it be tabled and requesting more public input and notifications to property owners. Daly noted there is still time before second reading to notify the public and as well the next meeting presents an opportunity for further input. There was some discussion about the notification process and related timeline being too short; whether the matter should be considered civil or criminal and that it is not too neighborly if it is a criminal offense, and ensuring due process is granted per the language. It was suggested staff consider some of these changes to the ordinance for next reading. The motion passed (6-1; Bugby nay) The tenth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 8:45 p.m. Respe�tfully,Submitted, Attest: v 1 A_ D OF Patty VcKenr'V, T SEAL Town Council Meeting Minutes of June 2, 2015 Page 5 Vail Town Council Meeting Minutes Tuesday, June 16, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk The first item on the agenda was Citizen Participation. Bob Armour, Vail resident, complimented the Lion's Ridge Apartment development and hoped the remainder of the Timber Ridge Apartments on the west side of the property would also be redeveloped in the future. Armour went on to compliment the new recycling signs that are posted behind the community development building. Armour would like to see the Roost Lodge site be restored to something that is appropriate rather than be used for construction parking. Daly explained the Roost Lodge developer withdrew his application with community development due to increase in construction costs. The second item on the agenda was the Consent Agenda: 1) Revised minutes from April 21, 2015 meeting. Moffet made a motion to approve the revised April 21 meeting minutes with a second from Rogers. Motion passed (7-0). 2) Minutes from the May 5, 2015 meeting. Moffet made a motion to approve the May 5 meeting minutes with a second from Rogers. Motion passed (7-0). 3) Minutes from the May 19, 2015 meeting. Moffet made a motion to approve the May 19 meeting minutes with the edit to the motion to adjourn was seconded by Kurz and not Bugby. Kurz second the motion with the suggested edit. The motion passed (6-0), Bugby did not vote because he was absent from the May 19th meeting. 4) Award Contract for Bighorn Creek Columbine Drive culvert replacement project. Moffet made a motion to direct the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Icon Inc. to complete the Bighorn Creek Town Council Meeting Minutes of June 16, 2015 Page 1 Columbine Drive culvert replacement contract award with a second from Kurz. There was no further discussion. The motion passed 7-0. 5) Resolution No. 17, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Pitkin County Government Regarding the Provision of Emergency Dispatch Service Staffing; and Setting Forth Details in Regard Thereto. Moffet made a motion to adopt Resolution No. 17, Series of 2015 as read with a second from Kurz. The motion passed (7-0) The third item on the agenda was any action as a result of Executive Session. There was none. The fourth item on the agenda was Town Manager's Report Zemler informed council he would be attending the State Transportation Commission meetings regarding Interstate -70 underpass funding. Rogers stated she too would be attending these meetings. The fifth item on the agenda was Ordinance No. 6, Series of 2015, An Ordinance Amending Title 5 of the Vail Town Code by the Addition of a New Chapter 13, Entitled "Stream Tract Protection", to Prohibit Private Improvements on Stream Tract Property in the Town of Vail. Community Development Director George Ruther explained to council if this ordinance is approved the new regulation would accomplish the following five objectives: 1) further protected the public health, safety, and welfare of the community by regulating sensitive stream tract areas in the Town; 2) prohibit private encroachments in stream tract areas; 3) further ensure that the stream tract areas remain natural open space and serve the purposes for which they are intended; 4) create a procedure by which the Town may abate an encroachment and seek reimbursement; and 5) establish a mandatory violation and penalty provision for failure to comply. Ruther reviewed the Community Development Departments' and the Town Attorney's office recommended changes since first reading of Ordinance No. 6, Series of 2015. The recommended changes were as follows: Notice of violation would be given by certified U.S. mail, return receipt requested, rather than first class U.S. mail, to the record owner of the adjacent real property or the owner of the encroachment, if different, at the owner's last know address; advisement to the owner the encroachment shall be removed and the stream tract restored to its natural condition completed within forty-five (45) days, rather than thirty (30) days, following the date of the notice; If the owner disputes that a violation exists, the owner shall notify the Director in writing of such dispute within twenty-one (21) days, rather than seven (7) days, of the date of the notice; First offense in any 12 -month period: $500, rather than $100; and Second offense in any 12 -month period: $750, rather than $200. Roger asked what would happen if the violator would refuse the U.S. certified mail. Ruther explained the post office would return the receipt showing the certified letter was refused and the forty-five day count to restore the property to its natural state would begin. Daly was concerned if a violation notice was given during the winter season, the violator would not be able to restore the property within the forty-five days due to weather. Daly suggested giving violators ninety days to restore the property to its natural state rather than forty-five Town Council Meeting Minutes of June 16, 2015 Page 2 days. Ruther said the property owner would have an opportunity to work with the Community Development Department on the time frame to complete or rectify the issues. Both Rogers and Moffet asked how the return receipt would hold up in a court of law. Town Attorney Matt Mire said the courts will use an envelope that acknowledges that someone had rejected or refused to sign for it as notice. Bugby suggested posting the notice to the property owner's door. Ruther felt the U.S. certified mail with the requested return receipt has been effective in similar Community Development processes. Bugby reviewed his redline version of the ordinance with his suggested modifications. Bugby explained he was not supportive of the increase in fines and that he the ordinance was overkill without due process. Bugby made a motion to accept his redline version of Ordinance No. 6, Series of 2015. There was no second to his motion. Bruno felt the forty-five day to rectify the violation was appropriate. Daly asked if an appeal would be heard by the Planning and Environmental Commission (PEC). Mire explained a dispute in boundaries would be heard in District Court and that the PEC could not dispute property lines. Mire went on to say the decision would be given to the Director of Community Development. Ruther stated his department had sent hundreds of letters to property owners regarding this ordinance between the first and second reading. Moffet made a motion to approve Ordinance No. 6 with the recommended amendments. The motion was second by Kurz. Daly asked for public comment. Jim Lamont, Vail Homeowners Association, agreed there have been stream tract issues prior to Town zoning and the Town has the right to enforce compliance, but also acknowledged that how its done is a delicate matter and cannot be overbearing. Lamont thought the Appellant process should be left in the hands of staff, but there needs to be an appeal process that would allow council to make the ultimate decision on more complicated properties. Daly stated the Town has been extraordinarily patient in working with private property owners on the stream tract issue and the Town needs to look at the quality of Gore Creek. Bugby felt the ordinance has good intentions, but there needed to be a way to allow a homeowner to have their day in court. Mire said all homeowners who have been in violation have received a trespassing summons; which required the homeowner to go before the municipal judge. Mire questioned what the appeal would be. Lamont asked how an adverse possession would work with this ordinance. Mire explained homeowners could do that now by going to the District court. Tom Vucich, East Vail property owner, expressed his preference to see a comprehensive ordinance and suggested a comprehensive public-private coordination effort on related stream tract issues. There was no more public input on this topic. Bruno reminded everyone the goal of the ordinance is to achieve compliance. The motion passed (6-1; Bugby opposed). The sixth item on the agenda was Ordinance No. 8, Series of 2015, An Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to Section 16 of Article XVIII of the Colorado Constitution (Amendment 64). Ruther explained the three objectives this ordinance would accomplish: 1) extend the Town Council Meeting Minutes of June 16, 2015 Page 3 temporary ban on the operation of marijuana establishments at any location in the Town from August 4, 2015 to October 6, 2015; 2) restrict the Town from accepting or processing any applications for the operation of marijuana establishments in the Town until a recreational marijuana policy is more formally adopted; and 3) afford the community additional time to gather information, to review the state statutes and forthcoming regulations and to study the impacts of marijuana establishments and the zones districts in which they should be permitted, if at all. Moffet wanted to clarify that since the Town doses allow this "use" in its current land use code, the Town would not allow or accept this type of business. Mire said yes and the ordinance would prevent someone from petitioning council. Daly asked for public comment. Bob Armour, Vail resident, stated he did his own research and spoke with communities that currently allow retail and medical marijuana establishments within their town limits and with business owners who are located next to or near marijuana establishments. Armour does not feel the Town needs to offer this type of service and would like council to make a motion to ban retail sales permanently. Robert Takata, Avon Resident, said Vail should consider a cannabis social club. Takata offered council his consulting services and insight into cannabis issues. Luc Meyer, Vail resident, said he was completely against adopting any kind of consumption club or retail pot sales in Vail. There was no more public comment. Moffet made a motion to approve the first reading of Ordinance No. 8, Series of 2015 to extend the moratorium, with a second from Kurz. The motion passed (7-0). The seventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which passed unanimously, (7-0) and the meeting adjourned 7:33 p.m. Attest: ResDedfully,Submitted, Andrew P. Daly, ayor Town Clerk 5��1•�F pu• Vq�� . "IN O: AZ • ; o COLON-. Town Council Meeting Minutes of June 16, 2015 Page 4 Vail Town Council Meeting Minutes Tuesday, July 7, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation and several residents were present to speak as follows: Mery Lapin, resident, commented on several items related to the redevelopment of the Vail Valley Medical Center. He suggested the agreement should address 1) what happens if there is a change in ownership of the hospital, would the town have any opportunity to influence what would happen and 2) how the specialty services should always be provided at the hospital. It was noted the current agreement only addresses the public improvements for the west wing remodel. Rick Sackbauer, Eagle River Water & Sanitation District, noted that a joint meeting would be held on July 23 with Upper Eagle Regional Authority to continue discussions about their policies addressing the Rocky Mountain Recreation & Wilderness Preservation Act. Kevin Foley, resident, expressed commendations for a great July 4th America Days weekend. He also noted there are some sprinkler systems along the bike trail that should be buried. It was noted by Public Works Director Greg Hall that the location of the system is temporary and the system would be buried once the vegetation had been reestablished. The second item on the agenda was Kerry Donovan, Colorado State Senator for District 5 whop presented a 2015 State Legislative update and feedback session. Topics discussed included: 1. Why chain law legislation did not get enacted. 2. The urban renewal legislation and confusing impacts to local government. 3. Water rights and ski industry's ability to use water as governed by USFS. 4. CDOT and new director The Town Council expressed support and thanks to Donovan for her work at the legislature. Town Council Meeting Minutes of July 7, 2015 Page 1 8/18/2015 The third item on the agenda was the Consent Agenda: 1) Minutes from June 2, 2015 meeting Moffet moved to approve the June 2, 2015 minutes; Kurz seconded the motion and it passed unanimously (7-0). 2) Minutes from June 16, 2015 meeting Moffet moved to approved the June 16, 2015 minutes; Kurz seconded the motion and it passed unanimously (7-0). 3) Award 2015 Slurry Seal Project Contract Bugby moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with A-1 Chipseal Co. to complete the 2015 Vail Slurry Seal Project in the amount not to exceed $137,480.00. Moffet seconded the motion and it passed unanimously (7-0). 4) Award Ford Park Hillside Re -vegetation Contract Moffet moved to award the contract for the Ford Park Hillside Revegetation Project to SHC Nursery and Landscape in the amount of $59,818.80. Bugby seconded with some comments made related to the cinder removal. Todd Oppenheimer, Town of Vail Capital Project Manager/Landscape Architect, presented information about the comments and suggestions provided from the consultant. The motion passed unanimously (7-0). The fourth item on the agenda was the any action as a result of executive session; no actions were made. The fifth item on the agenda was Town Manager's Report 1) Update about San Miguel de Allende Mexico delegation's July visit and the public meeting to consider the Sisterhood Agreement on Thursday, July 17, 2015. 2) Suggested topics for July 21 meeting with Avon Town Council (Avon's suggested topics: worker housing, transit, and coordination of Special Events ad Festivals) The sixth item on the agenda was a presentation and request to approve final design for Lionshead Skatepark, project budget and award of construction contract. Oppenheimer and Jaxon Statzell, California Skateparks, addressed the town council on three issues concerning the design and construction of a permanent skatepark in the gap between the north and south sides of the Lionshead Parking Structure. It was noted they were requesting feedback about the following items: 1 Approve the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops. 2. Award the contract for the construction portion of the Design/Build skatepark contract to California 7/7/2015 Skateparks in the amount of $1,258,738. 3. Amend the overall budget by $1,468,278 for a total budget of $1,618,278 for the skatepark 4. Provide direction if the Council would like staff to further investigate the idea of snowmelting the skatepark Some background was presented about the numerous workshops and council meetings held to discuss the project. Cameron Chaney, resident and avid skateboarder, was acknowledged as having the idea for this location. Final costs for all construction and design were presented and broken down as follows. It was also noted there is an option available to include snowmelt in the skatepark area. This would result in a budget increase of $154,000 to $193,000. The cost of the boiler and modifications to the existing boiler room are not included. Annual operational cost for Town Council Meeting Minutes of July 7, 2015 Page 2 8/18/2015 town -wide snowmelt areas are currently $3.00 per square foot. The cost of snowmelting the skatepark area would be approximately $23,000 per year Skatepark design and public process $ 83,500 Skatepark and general construction complete per design $1,258,738 Integrated Public Art $ 50,000 Engineering and Code Analysis $ 50,840 Landscape and Irrigation per DRB $ 30,000 Contingency $ 145,200 Total $1,618,278 Council input was given and there was generally strong support to proceed. Some members, Rogers and Daly, were not in support of the proposed snowmelt for the project because of the increase with the carbon footprint, and others requested more detailed information about the proposal and costs. There was discussion about the landscaping, drainage, management and maintenance of the park. Vail Recreation District would provide oversight of this park upon completion. Daly asked for public comments at this time. ■ Robert, avid skateboarder, suggested the snow melt idea transforms the park into a true skate park destination. ■ Allison Wadey, local parent, requested that benches for spectators / moms be placed in favorable areas such as the more sunny locations. ■ CJ Poole, Vail Recreation District skateboard park teacher, expressed the need for something for young people to do and this park offers that amenity. ■ Kevin Foley, resident, noted the park was long overdue, kids deserve it, and it should be built to Vail standards. ■ Lou Maslek, resident, supported the great idea and the project; interested in knowing more about the snowmelt proposal. Daly inquired about an operating agreement between the town and VRD, something that would need to be considered very soon. Bugby commented about some of the design components including the vertical drop and request for more viewing and staging area locations. Rogers spoke about the Art in Public Places component noting that there have been application submittals, but there may be a need to increase the budget in light of the challenges faced by the artists with the space (increase of $50K proposed). Moffet moved to approve the following: 1. the final design of the permanent skatepark in Lionshead Parking Structure as prepared by California Skateparks and selected by the skaters who participated in the design workshops; 2. Award the contract for the construction portion of the Design/Build skatepark contract to California 7/7/2015 Skateparks in the amount of $1,258,738; 3. Amend the overall project budget by $1,468,278 for a total budget of $1,618,278 for the skatepark; 4. Direct staff to further investigate installing snowmelt at the park; and 5. add an additional $50K to be committed to art for the project Rogers seconded the motion and it passed unanimously (7-0). Council thanked the group for their extraordinary efforts with the project with a special thanks to Chaney for his work in getting people and kids involved in the process. The seventh item on the agenda was Resolution No. 18, Series of 2015, A resolution of the Vail Town Council directing the Town Manager to sign a development agreement by and between Town Council Meeting Minutes of July 7, 2015 Page 3 8/18/2015 the Town of Vail and the Vail Valley Medical Center; and setting forth details in regard thereto, as presented by George Ruther, Director of Community. Ruther noted the Town must ensure that both the West Wing and the East Wing of the WMC redevelopment are completed, and that certain obligations of WMC are addressed. It was noted that after a long public process staff's recommendation is to execute the resolution and authorize the Town Manager to sign the agreement. There was further discussion about the contract as not being revocable if there was a third party agreement. Town Attorney Matt Mire noted some sections that would speak to that concern. There were also some technical corrections raised by Daly as well as a decision about who would conduct the audits required per the contract. Moffet moved to approve Resolution No. 18 with the changes agreed upon in paragraphs 3, 5, and 6; Bugby seconded the motion. Public input was given by Jim Lamont, Vail Homeowners Association, who spoke about his concerns that the roundabout costs and those responsible for those costs are not explicit in the agreement. There was a brief description of the traffic impact fees when imposed would cover these project costs. The motion passed unanimously (7-0). The eighth item on the agenda was the First reading of Ordinance No. 7, Series 2015 an Ordinance making budget adjustments to the Town of Vail General Fund, Police Crimes Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund. Kathleen Halloran, Finance Director presented the memo addressing the ordinance which allows for newly identified projects or unforeseen changes to budget and "off cycle request for contributions" to be reviewed by town council. Questions were raised about the following: $100,000 increase to capital street maintenance for an unexpected glycol spill caused by an underground pipe leak that needed immediate attention. The spill was not covered by our insurance. There was information provided by Public Works Director as to what happened and discussion about how to avoid another leak that might potentially spill into the creek. Off cycle contribution request made by: The Eagle Air Alliance is requesting a cash contribution of $25,000 to add a new flight guarantee for Oakland California on Allegiant airline. As of June 26, the Air Alliance notified us that the amount requested will decrease due to Allegiant not being able to start service until February (original request was for December). The VCBA is requesting a cash contribution of $25,000 to help offset the cost of advertising to the business partners who participate in the publication The Vail Valley Trail Connection is requesting a cash contribution of $15,000 to work toward the goal of being designated a Gold Medal Ride Center by the IMBA (International Mountain Bike Assn) and for overall work to improve trails throughout the Vail Valley Bugby requested to amend the supplemental budget requests funding the off cycle businesses; Bruno was in support of the amendment as well. Moffet moved to approve Ordinance No. 7 and incorporate the funding of the off cycle contributions listed, and direction to staff inform them at second reading further information about funding partners for the EGE Air Alliance and the Vail Valley Trail Connection. Rogers seconded the motion. There was further council discussion about the VCBA request with some members (Bruno and Bugby) in support of funding the full amount of $25K and some members (Rogers and Moffet) not seeing the need for government to fund this publication and Chapin who requested more detailed information from the VCBA about the publication and its benefits to the business owners. Daly noted the $8500 funding for VCBA Town Council Meeting Minutes of July 7, 2015 Page 4 8/18/2015 could be increased at second reading. The motion passed unanimously. There was no public input on this topic. The ninth item on the agenda was Ordinance No. 8, Series of 2015, an Ordinance Extending the Temporary Ban on Marijuana Establishments in the Town, Pursuant to Section 16 of Article XVIII of the Colorado Constitution (Amendment 64) presented by George Ruther, Director of Community Development. It was noted that on June 16, 2015 the Vail Town Council held a public hearing on the first reading of Ordinance No. 8, Series of 2015. Following discussion and public comment, the Vail Town Council approved Ordinance No. 8 Series of 2015, as presented. Ruther noted the ban was set until October 6, 2015 (60 days). Council commented on the topic with highlights as follows: Chapin expressed concerns, wondered about missed revenues, but questioned if this type of business really fits Vail's brand. He noted the federal government and banking industry still do not recognize the business as legal and legitimate. He expressed possibly extending a ban to 3 years and hold off on a penman. i Rogers expressed a need form . e information abdut other communities that have enacted the legislation allowing and regu�tinip m r#ua#a% She preferred to hear from Breckenridge, Aspen, Nederland with feedbacl bdut a success and failure of their implementations. Bugby supported the current ordin'w *F6dJt ` ` ompt attention to enacting a permanent ban.` '-.�.�. Daly spoke about Vail's brand and sees more risk with allowing these businesses. He was not interested in hearing from other communities as Vail does not really compare to them. Moffet moved to approve Ordinance No. 8; Rogers seconded the motion. Public input was taken and Bob Armour, resident, encouraged the council to act on the legislation before them now and consider a permanent ban on marijuana with future legislation. The motion passed unanimously (7-0). Both Bugby and Moffet supported drafting the legislation for the next meeting, however, there were differing positions on whether the ban be permanent or include a shorter timeframe. In summary, there was consensus from the group to direct staff to draft legislation banning marijuana for the next council meeting but allow for further consideration and discussion about the timeframe of the ban. Ruther presented public input with an email that was submitted to his office. The tenth item on the agenda was Ordinance No. 9, Series of 2015, First Reading, an Ordinance establishing deadlines for the circulation and filing of candidate nomination petitions for the November 3, 2015 Regular Town Election. Patty McKenny, Town Clerk, asked for Town Council's consideration of the ordinance which would revise the nomination petition circulation dates from August to September and address the mailing and receipt of ballots from active military or overseas voters. In light of recent Title 31 election law changes from the passage of HB 15-1130 there were changes to the nomination petition circulation dates to August instead of September. This ordinance, if adopted, would set forth the original nomination petition circulation dates which begin on the fiftieth day prior to election day and ending on the thirtieth day before the election (September 14 through October 2). It was confirmed dates were consistent with prior elections Bugby moved to approve Ordinance No. 9; Moffet seconded the motion. Jim Lamont, Vail Homeowners Association, asked what the deadline would be if the council were to set a mail ballot election instead; the clerk noted she would need to check the date. Lamont then asked council to reconsider holding a mail ballot election because Town Council Meeting Minutes of July 7, 2015 Page 5 8/18/2015 participation tends to be higher and a longer electoral period tends to be more beneficial to the voters. The motion passed unanimously (7-0). The eleventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 8:45 p.m. Respec ly bmitted, Attest: Andrew P. Daly, Mayo --nA Y Patty nny, Town ��d`�N.OF •ii,9 SEAL •^ 0 9 0 ••..•�•/1•A Town Council Meeting Minutes of July 7, 2015 Page 6 8/18/2015 Vail Town Council Special Meeting Minutes Friday, July 17, 2015 10:00 A.M. Vail Town Council Chambers The special meeting of the Vail Town Council was called to order at approximately 10:00 A.M. by Mayor Andy Daly. Members present: Absent member: Staff members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Margaret Rogers Greg Moffet Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda were introdU4,ns of the'l;"iguel de Allende Delegation as follows: k" i Mauricio Trejo - Mayor Ricardo Garrido - President of the T:odnsm Board & Business Council Cecilio Garza - Ex-Ambassadot •. Erwit Reichert - Real Estate Representative - - Maximino Altamirano - Restaurant Assist Reprbsentative Denise Deanda - Tourism Board Coordinat'o'r Yazmin Lopez - Business Council Coordinator Americo Ramblas - Media Eduardo Salas - Media Roberto Lopez - Media Juan Carlos Yamin - Real Estate Developer The second item on the agenda was "Welcome to Vail" Presentation which was presented by Andy Daly. He spoke about the possibilities of a sister city relationship with an internationally renowned heritage city of Mexico, San Miguel de Allende. The third item on the agenda was the City of San Miguel de Allende's "The Heart of Mexico" Presentation presented by Mauricio Trejo, City of San Miguel de Allende Mayor and Ricardo Garrido, President of the Tourism Board and Business Council. The fourth item on the agenda was a brief discussion about the Sisterhood Agreement as proposed by San Miguel de Allende officials. It was noted by Mayor Daly a Vail delegation visited San Miguel de Allende in May to determine what kinds of cooperative relationships and projects might be developed with the city and its officials. It is hoped there can be some sharing of information between the two resort communities related to education, cultural, artistic, Town Council Special Meeting Minutes of July 17, 2015 Page 1 8/18/2015 culinary and student exchanges, promotion of tourism, and sharing of ideas related to environmental sustainability. The fifth item on the agenda was community input. Jim Lamont, Vail Homeowner's Association, encouraged the town council to execute the agreement because much could be shared between the two communities. He spoke highly of his experiences visiting the community of San Miguel de Allende. The sixth item on the agenda was the execution of the Sisterhood Agreement" between the City of San Miguel de Allende and Town of Vail with Mayor Daly and Mayor Trejo signing the document. Both parties expressed optimism about creating the Sisterhood arrangement between the two communities. The seventh item on the agenda was adjournment. There being no further business to come before the council, the meeting adjourned at 11:45 a.m. Respectf ubmitted, Attest: Andrew P. Daly, Mayor � A . ,T SEAL , RP�20 Town Council Special Meeting Minutes of July 17,201S Page 2 8/18/2015 Vail Town Council Meeting Minutes Tuesday, July 21, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk The first item on the agenda was Citizen Participation. Rick Sackbauer of Eagle River Water & Sanitation District shared with council the joint meeting to discuss wilderness has been postponed until September. The second item on the agenda was the World Fly Fishing Championships Update. The producer of the America Cup Fly Fishing Tournament John Knight spoke about the 36th Annual World Fly Fishing Championships coming to Vail in September 2016. Knight said approximately 25-30 countries will be participating in this week-long event and many of the participants will come a week or two before the World Championships to get acclimated to the elevation and have an opportunity to fish the area. Knight also spoke about the Youth World Championships held in Vail on August 10-16, 2015. Knight asked if a council member would be willing to greet and thank contestants during the opening ceremonies held August 10, 2015 at Eagle's Nest and August 15, 2015 at Mountain Plaza. Daly assured Knight there would be a council member in attendance. The third item on the agenda was any action as a result of Executive Session. Daly stated the executive session was cancelled that afternoon. The fourth item on the agenda was Town Manager's Report. Zemler spoke about a budget retreat to discuss the possibility of acquiring the Dowd Junction property. Zemler stated a meeting would be held in the future involving Eagle County, Minturn, Vail and the US Forest Service. Bugby confirmed with Zemler that this property did not involve Meadow Mountain. Zemler said it did not. The property being discussed is where the forest service facilities are currently located. Town Council Meeting Minutes of July 21, 2015 Page 1 8/18/2015 The fifth item on the agenda was the 1-70 Vail Underpass consultant contract amendment for final design and construction documents. Public Works Engineer Tom Kassmel explained the consultants for the project, Felsburg Holt & Ullevig, have been providing design services for the past two years per their professional service agreement with the town. Kassmel stated since the project was now fully funded the current agreement would need to be amended to include the: 1) final design, 2) preparation of construction plans and specifications, and 3) construction bidding/negation processes. The estimated cost for this work was $343,430.62. Ludwig asked if this would be an additional cost to the project. Kassmel stated this amendment would not increase the total project cost because it was included within the existing total project budget of $30.1 million. Kurz made a motion to approve the design amendment for scope of work to the contract with Felsburg Holt & Ullevig. Rogers second the motion. There was no public comment. The motion passed unanimously (7-0). The sixth item on the agenda was Resolution No. 23 Series of 2015; 1-70 Vail Underpass Construction Intergovernmental Agreement. Kassmel reminded council that over the past two years the 1-70 underpass project went through an extensive design and public process. These processes were generally administered and paid for by the town and reimbursed by the Colorado Department of Transportation (CDOT) through a current Intergovernmental Agreement (IGA). Kassmel added that since the underpass project was at a 90% design level and fully funded for construction, the project would soon move into the construction phase. The construction phase would be administered and paid for by CDOT and reimbursed by the town in accordance with the proposed new IGA. Kassmel said the total contribution of the town would be $8.73 million of which $200,000 would be in-kind services. Kassmel stated CDOT would be responsible for any construction increase. Bugby made a motion to approve Resolution No. 23 and direct the Town Manager to enter into the IGA with CDOT. Rogers second the motion. There was no public input. Daly acknowledged Kassmel for all his efforts and success for securing funding from CDOT. The motion passed unanimously (7-0). The seventh item on the agenda was the second reading of Ordinance No. 7, Series 2015, an Ordinance making budget adjustments to the Town of Vail General Fund, Police Crimes Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund. Finance Director Kathleen Halloran reviewed the changes made to the ordinance per council's direction during first reading on July 7, 2015. Halloran noted an additional $1,468,278 was approved for a permanent skatepark with an additional $50,000 increase for public art. Since council approved a permanent location for a skatepark; the budget would be adjusted for the removal of a $209,000 placeholder to replace the temporary skatepark. Halloran went onto say that Public Works had provided council with information on snowmelt options for the skatepark during the winter months. The estimated cost of $415,000 was not currently included in the budget supplemental, but could be per councils' direction. Rogers felt it was contrary to the town's environmental stand. Bugby asked if solar paneling was researched. Greg Hall, Director of Public Works, responded solar paneling would take a lot. Moffet asked if there were any other options; Hall Town Council Meeting Minutes of July 21, 2015 Page 2 8/18/2015 responded to state that from an efficiency standpoint there are not really any other options. Moffet confirmed with Halloran that the town would need to invest $50,000 to keep the snowmelt a viable option. Bruno stated there were not many activities for youth in the winter months after 3:00 p.m. Moffet made a motion to approve Ordinance No. 7, Series of 2015, as presented with an addition of $50,000 for future snowmelt for the skatepark. The motion was seconded by Kurz. There was no public comment. Bugby requested the motion be amended to include an increase for the Vail Chamber and Business Association (VCBA) from $8,500 to $25,000. Bugby acknowledged the VCBA requested a cash contribution of $25,000 to help off set the advertising to the business partners who participate in the publication. Bugby thought $8,500 was not enough funding for this group to achieve their mission. Moffet amended his motion to include a $25,000 one time contribution to VCBA; Kurz seconded the motion to the amendment. There was no public comment. The amended motion passed 6-1 (Rogers opposed). r The eighth item on the agenda was the second reading of Q�''dinance No. 9, Series of 2015, an ordinance establishing deadlines for the circulatioAnd filing of candidate nomination petitions for the November 3, 2015, Regular T,,��j;(rn Election. The Town Attorney Matt Mire reviewed the ordinance with couM41 iid stated there were no ,Y., changes from the first reading. Moffet made a m6fibn to approve Ordinance No. 9, Series of 2015, as read with a second from Ludwig. The motion passed unanimously (7-0). The ninth item on the agenda was the first reading of Ordinance No. 10, Series of 2015, an ordinance prohibiting marijuana establishments in Town, pursuant to Section 16 of Article XVIII of the Colorado Constitution. Town Attorney Mire reviewed the ordinance with council and explained that though the establishments and facilities listed in the ordinance are not currently outlined in Town of Vail uses; by law they needed to be named in the ordinance. Mire went onto say this ordinance could be reviewed by council every three years. Moffet felt this ordinance was not needed since town code currently prohibited retail marijuana sales. Rogers stated she was personally in favor of retail sales in Vail, but she would vote in support of the ordinance due to the feedback from Vail citizens requesting them to ban the sales of marijuana within town limits. Bugby thought section 3 of the ordinance, which allowed council to review the ordinance every three years, should be stricken. Daly asked for public comments. Bob Armour, Vail resident, applauded council for bringing this ordinance forward. Armour reminded council of the results from the town survey conducted last year stating 58% of the Vail residents opposed the sale of marijuana in Vail town limits. Bugby made a motion to approve Ordinance No. 10, Series of 2015, with Section 3 of the ordinance deleted. There was no second. Kurz made a motion to approve Ordinance No. 10, Series of 2015 as read with a second from Chapin. The motion passed 6-1 (Moffet opposed). Town Council Meeting Minutes of July 21, 2015 Page 3 8/18/2015 The tenth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed unanimously, (7-0) and the meeting adjourned 6:45 p.m. Respectf Submitted, Attest: Andrew P. Daly, May ammy Na el, eputy T n Cle ivoJ (VA40 Town Council Meeting Minutes of July 21, 2015 Page 4 8/18/2015 Vail Town Council Meeting Minutes Tuesday, August 4, 2015 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 Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation and several residents were present to speak as follows: Bravo! Vail representatives Jeanne Reid -White and Anne -Marie McDermott expressed thanks and appreciation to Town Council and Town of Vail for their very successful season and support of the Bravo! Vail during the last 28 years, with record ticket sales and attendance. Anne -Marie McDermott spoke about next year's calendar which will include a commitment from London's Academy of St. Martins in the Fields, a group formed by Sir Neville Marriner in 1958. In addition, there are continued commitments from the Dallas Symphony, the Philadelphia Orchestra, and the New York Philharmonic, as well as several world-renowned chamber music artists. Stephen Connelly, resident, spoke about numerous topics including the skatepark, marijuana, town survey, golf course project, consolidate the town's marketing efforts with only one group. The second item on the agenda was a presentation of awards given to Town of Vail and select employees on behalf of the Colorado Intergovernmental Risk Sharing Agency (CIRSA, a pool of about 250 local governments and agencies that provides for property and liability insurance coverage): 1. Town of Vail Safety Committee was awarded the "CIRSA Safety Champion" Several reasons were noted as the basis for this recognition such as 1) Increasing the ADDs throughout town facilities and outside at weather proof facilities, 2) compliance with numerous kinds of trainings, 3) improved trends related to workers compensation claims, 4) the compliance with fire drill trainings, 5) the creation of an interactive map to help identify liability and risk areas of incidents , 6) a preventable free incidents during the world alpine championships which was noted as highly commendable for such a large special event. Lori Acker accepted on behalf of the Safety Committee. Town Council Meeting Minutes of August 4, 2015 Page 1 2. Charlie Turnbull was awarded the CIRSA Safety Manager of the Year There were many notable comments from colleagues and event promoter that contributed to the nomination and selection of the town's Public Works Superintendent. Mayor Daly offered several comments about the town's excellent safety program, a result of their leadership; he expressed the town council's appreciation to all employees for their efforts and congratulated both Lori and Charlie for continuing to ensure Vail is a safe place to work and live! The third item on the agenda was the Consent Agenda: 1) Vail Skate park Public Art Contract Award Daly asked about the funding the art at the amount of $100K. AIPP board member, Kathy Langenwalter, spoke about the location of the artwork which included four mosaic murals which would be visible by all traveling through the parking structure top deck as well as visible at the lower levels, she noted an excellent location for public art. Moffet authorized the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Valerie Theberge to create and install four unique mosaic murals at the Vail Skatepark as approved by the Art in Public Places Board in the amount not to exceed $100,000. The motion passed six to one (6-1). The fourth item on the agenda was the any action as a result of executive session; no actions were made. The fifth item on the agenda was Town Manager's Report 1) Municipal Parking Lot/South Frontage Road Update George Ruther, Director of Community Development, presented an update about this construction project (which is happening as a result of the Vail Valley Medical Center expansion project) with a review of a site diagram. He noted construction would occur from September through October and would help with a change in traffic flow, grades and result in improved safety on the South Frontage Road with the alignment of driveways for both the municipal building and the hospital. There would be no loss of parking spaces (54 total) once the project was completed. The lot would remain open to the public during construction. 2) Golf Course Grill Patio Design Update Stan Zemler, Town Manager, presented an update on this topic noting weekly construction meetings have been held to discuss concerns and issues. He noted some changes were made to the clubhouse patio area because of concerns with the design of the northeast corner of the deck; the views of the Gore Range and the 18th green were not disturbed. 3) August 5, 2015 Vail Fire Department Exercise Fire Chief Mark Novak presented a brief explanation about the upcoming Wildland fire emergency and evacuation exercise encouraging residents in the Potato Patch area to participate. The full scale exercise would present an opportunity to implement the emergency operations and evacuation program with assistance from town departments and area agencies. 4) August 11, 2015 Community Picnic at Donovan Pavilion A reminder was given about the next community picnic referenced above. 5) October 2015 Whistler Visit Update It was noted that a delegation from the Resort Municipality of Whistler will be visiting Colorado in October with a stop in Vail for a tour and meet with Vail Town Council on October 14; members Town Council Meeting Minutes of August 4, 2015 Page 2 from Whistler visiting include Chief Administrative Office, 7 Council Members, Chamber CEO, Economic Development Officer to name a few. The sixth item on the agenda was a presentation of Final Design Concept for Booth Creek Park as presented by Todd Oppenheimer, Capital Project Manager/Landscape Architect. He noted the Town Council last reviewed the proposed list of park amenities for Booth Creek Park on September 2, 2014. At that time Council approved the recommended Design Program for the park and directed staff to continue to refine the park design. There was a review of the park elements listed below: • 1 Double, Hard Surface Tennis Court • 2700 sq. ft. Custom Playground • 7900 sq. ft. Primary Lawn Area • 2 Stall Restroom with Drinking Fountain • Picnic shelter • Picnic Table, Benches and Bike Racks • Low Level Path lighting • 11 Parallel Parking spaces • Landscape Berm along Frontage Road He also reviewed some of the final proposed design program components, some of which included natural areas, parallel and head in ADA parking, looped paved path using the existing bike path, open turf grass area as a significant design element of the park, double, hard -surface, post tensioned concrete tennis court, playground with natural elements and artistic components, public restroom, 2 -stall, 3 season, accessible and sensitive to the, natural setting, and picnic shelter for 2 to 3 picnic tables. Council input was heard at this time with some comments addressing the artistic elements of the park as well as parking and lighting questions. It was noted the community input and kid's input would be sought after for designing the playground in hopes of using creativity and artistic elements. Public input was also heard as follows: Robin Birch, resident, requested a review of some beautification landscaping to be included in the berm in front of the Vail Mountain School. It was noted some of the land was CDOT owned. She suggested lighting be used along the paths for kids in the area. Diana Hermansky, expressed concerns about the lighting and hopes the dark sky ordinance will be complied with when implementing the lighting for the park. Bert Hermansky, resident, expressed concern about parking and lighting impacts as well as rest room hours. Pam Stenmark, resident, thanked everyone for their work on the park noting her comfort level with the design and suggesting her preference for soft surfaces in the park and minimum lighting. After further discussion about lighting, park surfaces and parking, there was support to include timers on the lights in order to meet the needs of those using the bike paths and those preferring night light compliance. Overall the town council supported the final proposed design concept for the Booth Creek Park project as presented and supported staff to take the next steps identified below: 1. Draft RFP for Design Services 2. Proceed through PEC and DRB Approval Process. 3. Prepare Construction Documents and Competitively Bid Project 4. Begin Construction Spring 2016. Town Council Meeting Minutes of August 4, 2015 Page 3 The seventh item on the agenda was Ordinance No. 10, Series of 2015, An Ordinance Prohibiting Marijuana Establishments in Town, Pursuant to Section 16 of Article XVIII of the Colorado Constitution. The Town placed a moratorium on allowing for marijuana establishments since January 19, 2010, pursuant to Article XVI II, § 16(5)(f) of the Colorado Constitution, the Town may "prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance. Town Attorney Matt Mire noted the Ordinance did not change from first reading, spoke about state legislation and impacts on the municipalities, and noted a review would be included every 3 years. Bugby moved to approve Ordinance No. 10, Series of 2015 on second reading. Kurz seconded the motion. Moffet expressed the legislation is redundant and duplicative to the land use code which would not support allowing for that particular land use in Vail; he noted he would support the effort if it were a proclamation and not an ordinance. Public input was heard and Pam Stenmark, resident, thanked the council for preserving the Town of Vail's image with the passage of the legislation. Bob Armour, resident, also thanked them for their action with the ordinance and keeping the Vail Brand! The motion passed (6-1). The eighth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 7:30 p.m. Respe Ily Submitted, Attest: Andrew P.aly, Mayor a.{� 14 op Pat !cK ny, ow •'•�� SEAL Town Council Meeting Minutes of August 4, 2015 Page 4 Vail Town Council Meeting Minutes Tuesday, August 18, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was recognition of Vail Police Department's Professional Standards Compliance Accreditation presented by Bob Ticer, Avon Police Chief and past President of Colorado Association of Chiefs of Police. Chief Ticer presented the award with an explanation of the accreditation program and the standards achieved as those that are most highly noted by the law enforcement community. He noted that in fact it was a re -accreditation for the Vail Police Department since they have been through the process numerous times over the years. Mayor Daly and Town Council members congratulated the Vail Police Department and Chief Henninger. The second item on the agenda was Citizen Participation with comments as follows: Martha Brassel, Vail Valley Foundation, expressed appreciation on behalf of VVF and the International Dance Festival to the Town Council and Town of Vail for their support in this programming. She noted they finished their 27th annual dance festival at the Gerald R. Ford Amphitheater with outstanding accolades from many in the community and as well nationally, with the recent New York Times article. She spoke about the "community evening" dance performance as a very successful evening which would not be possible without Town of Vail's financial support. Rogers noted the Friday evening show on August as one of the best performances in the history of the dance festival. The third item on the agenda was the Consent Agenda: 1. Minutes from July 7, 2015 regular meeting Moffet moved to approve the July 7 minutes; Bugby and Kurz seconded the motion and it was approved unanimously (7-0). 2. Minutes from July 17, 2015 special meeting Rogers moved to approve the July 17 minutes; Kurz seconded the motion and it passed (6-0; Moffet abstained). Town Council Meeting Minutes of August 18, 2015 Page 1 3. Minutes from July 21, 2015 regular meeting Moffet moved to approve July 21 minutes; Bugby seconded the motion and it passed unanimously (7-0). 4. Resolution No. 24, Series of 2015, A Resolution Approving an Intergovernmental Agreement(the "IGA") Between the Town of Vail and Colorado Department of Transportation Regarding the Future Maintenance of the 1-70 Vail Underpass; and Setting Forth Details in Regard Thereto There were two concerns noted by Daly about the agreement as follows: 1) the term language in the agreement is "in perpetuity", and 2) the commitment to provide for graffiti removal on the bridges. Tom Kassmel responded to the concerns noting that neither items are negotiable with CDOT as these are required clauses in their agreements. Moffet moved to approve Resolution No. 24, Series of 2015; Kurz and Bugby seconded the motion and it passed unanimously (7-0). 5. Award Architect Services for Vail's Fire Station 1 Remodel Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Pierce Architects to complete phases I and II for a cost of $19,000 dollars. Kurz seconded the motion and it passed unanimously (7-0). 6. Town of Vail Way finding and Signage Contract Award Moffet moved to direct the Town Manager to enter into a contract with Arapahoe Sign Arts in an amount not to exceed $129,272; Kurz seconded the motion and it passed unanimously (7-0). The fourth item on the agenda was the any action as a result of executive session; no actions were taken. The fifth item on the agenda was the Town Manager's Report who noted the back to school ice cream social at Red Sandstone Elementary School was taking place the following day and all members were invited to attend. The sixth item on the agenda was an invitation by Town Council for the public to join them at the Crazy Mountain Brewery's Hot Summer Nights free concert at the Gerald R. Ford Amphitheater featuring the Dirty Dozen Brass Band at The seventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 6:20 p.m. Submitted, Attest: 0 0 �. �P. nny, Town Council Meeting Minutes of August 18, 2015 Page 2 Vail Town Council Meeting Minutes Tuesday, September 1, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 P.M. by Mayor Andy Daly. Members present Member absent: Staff members present Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Andy Daly, Mayor Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with comments from Michael Cacioppo about the need to cite the statute prior to convening into executive session. He also requested that more meeting materials be placed at the back of the room for the public. The second item on the agenda was any action as a result of executive session; no actions were taken. The third item on the agenda was Town Manager's Report; there were no updates. The fourth item on the agenda was an award of the construction contract for the Vail Golf and Nordic Clubhouse Project. Greg Hall, Director of Public Works, presented the information about the award suggesting a Guaranteed Maximum Price Contract to Evans Chaffee Construction Group in an amount not to exceed $ 8,175,000. It was noted the project was bid out to the subcontracting community by Evans Chaffee Construction Group (ECCG), the Construction Manager/General Contractor for the project. The bids were reviewed, project alternatives were developed and a value engineering process was lead by the NV5 the owners representative for the Town. This process included representatives of the town, the Vail Recreation District and the design team led by Zehren and Associates the architect for the project as well as participation by ECCG and NV5. He noted the contractor and owners representative were present. He explained the budget contingency was budgeted at 9% and the town and contractor's contingency were budgeted at 3% each. Moffet moved to authorize the Town Manager to execute a construction contract for the construction of the Vail Golf and Nordic Clubhouse Project as approved by the Town Attorney to Evans Chaffee Construction Group in an amount not to exceed $ 8,175,000. Rogers seconded the motion. Comments were made by Bugby noting his opposition to the project because of its design as an event center which conflicts with the covenants that set forth its use as a golf course. The motion was approved (5-1; Bugby opposed). Town Council Meeting Minutes of September 1, 2015 Page 1 The fifth item on the agenda was First Reading of Ordinance No. 11, Series of 2015, Write-in Candidate Affidavit presented by Patty McKenny, Town Clerk. She noted the ordinance sets forth a requirement that a write-in candidate must submit an affidavit of intent with the Town Clerk's Office at least 21 days before the municipal election in order for votes to be counted. The ordinance helps create clarity and context for the election official in counting write-in candidate votes. Bugby expressed concern the ordinance defeats the purpose of allowing persons to be included on the ballot especially in emergency situations. He preferred there not be this kind of requirement or at the very least that a 21 day deadline was too far from election day. Moffet moved to approve Ordinance No. 11, Series of 2015, Kurz seconded the motion and it passed (5-1; Bugby opposed). The sixth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (6-0) and the meeting adjourned at 6:15 p.m. Respectf Submitted, Attest: Ludwig Kurz, May ro Te a,L(, P y McK ny k N'OF Lq� SEAL Town Council Meeting Minutes of September 1, 2015 Page 2 Vail Town Council Meeting Minutes Tuesday, September 15, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with comments as follows Tiffany Arrant representing homeowners Henry and Lori Gordon, Texas Townhomes complex, read a letter expressing the Gordon's concern about potential improvements to the pickle ball courts. Their concern was with parking issues and noise and they would prefer that no additional courts be built. There was another letter read by Arrant from other residents in the Texas Townhomes complex noting concerns with noise and parking as problems with a request for no more courts in this location as they should really be built at Ford P along with the tennis center. Charlie Penwill, resident and representing the pickle ball players; offered some context to the use of the courts indicating they have not registered any complaints, he has not witnessed any illegal parking by players, his perspective that parking is adequate, he is not aware of any noise complaints, and that with an upgrade of 4 to 6 courts, there would improved parking and landscaping. He mentioned his conversations with Vail Recreation District staff and town staff who have shared there need to help balance the residential neighborhood with the recreation uses. He thinks overall there would actually be an improved situation with the court improvements. The second item on the agenda was the consent agenda as follows: 1) Minutes from August 4, 2015 regular meeting Moffet moved to approve the minutes; Bugby seconded the motion and it passed unanimously (7-0). 2) Minutes from August 18, 2015 regular meeting Moffet moved to approve the minutes; Bugby seconded the motion and it passed unanimously (7-0). 3) Appointment of 2015 Town of Vail Regular Municipal At -The -Poll Election Judges Moffet moved to approve the following people to serves as election judges, Vi Brown, Summer Holm, Mary Ann Best, Pam Brandmeyer, Holiday Cole, Carol McKown, Earl Best & Katherine Schmidt; Bugby seconded the motion and it passed unanimously (7-0). Town Council Meeting Minutes of September 15, 2015 Page 1 4) Award of S20 Contract Moffet moved to award the design contract to S2O Design Engineers in the amount of $61,250 to fund the repair work for a retaining wall supporting the Gore Valley trail and the ERWSD sanitary sewer trunk line main. Kurz seconded the motion and it passed unanimously (7-0). It was noted the town and ERWSD would jointly fund this project. 5) Resolution No. 26, Series of 2015, A Resolution Approving an Intergovernmental Agreement(the "IGA") Between the Town of Vail and Colorado Department of Revenue, Division of Motor Vehicles Regarding CDL Driver Testing; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 26; Kurz seconded the motion and it passed unanimously (7-0). 6) Resolution No. 27, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Public Safety, Division of Fire Prevention and Control Regarding Utilizing Vail Fire and Emergency Services Staffing; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 27. There some questions about the language and intent of the agreement related to federal obligations; Chief Mark Novak assured them the agreement did not obligate the town for such follow-up of services referred to in the agreement. Rogers seconded the motion and it passed unanimously (7-0). 7) Resolution No. 28, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District Regarding the Design of the Gore Valley Trail at Dowd Junction Repair Project; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 28; Bugby seconded the motion and it passed unanimously (7-0). It was noted the action on the IGA with ERWSD was to split the Dowd Junction Gore Valley Trail Repair design costs 50/50. 8) Resolution No. 29, Series of 2015, A Resolution Approving a Utility Easement Between the Town of Vail and Eagle River Water and Sanitation District; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 29; Bugby seconded the motion and it passed unanimously (7-0). It was noted the action on the IGA with ERWSD was to allow 160 square foot easement from the Town of Vail within Tract A along Rockledge Road for the installation of a Fire Hydrant and Air Vac Vent pipe. 9) Resolution No. 30, Series of 2015, A Resolution Approving a Utility Easement Between the Town of Vail and Vail Resorts; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 30; Bugby seconded the motion and it passed unanimously (7-0). It was noted the action on the Resolution was a response to Vail Resorts and ERWSD who requested a 330 square foot easement from the Town of Vail for Vail Resorts within Tract A along Rockledge Road for the installation of a new water service for future use by Vail Resorts. The third item on the agenda was Town Manager's Report at which time an update was presented on the next 1-70 Underpass Open House, 9/17/15 at 4 pm at Grand View. Greg Hall, Director of Public Works, also presented an update on the cost to add snowmelt infrastructure to the new skate park, an estimated $64K, which would include installation of tubes. There were Town Council Meeting Minutes of September 15, 2015 Page 2 not four members in support of this component to the construction of the skate park. And finally, it was mentioned the USFS timber removal project was active with more details to come about costs and impacts. The fourth item on the agenda was second reading on Ordinance No. 11, Series of 2015, addressing write-in candidate affidavit requirement as presented by Patty McKenny, Town Clerk. She noted Ordinance No. 11 sets forth that a write-in candidate must submit an affidavit of intent with the Town Clerk's Office at least 21 days before the municipal election in order for votes to be counted. The ordinance is proposed in order to help create clarity and context for the election official in counting write-in candidate votes. Moffet moved to approve Ordinance No. 11, Rogers seconded the motion. Public input was taken and Michael Cacioppo questioned the need for the ordinance and spoke out against the requirement suggesting this ordinance did not support the intent of a write -in -candidate environment. He also asked about decreasing the timeframe for filling the affidavit from 21 days to 7 days prior to election. Council input included disapproval from Bugby who didn't see a problem with write-in candidates existing and preferred allowing last minute write-ins on the ballot without any requirements, especially to help accommodate emergency situations and a need for more candidates. Bruno's input was about the ordinance covering the basis that names on the ballots would in fact need to be qualified names and this ordinance put that process in place. A vote was taken and the motion passed (5-2; Bugby and Daly opposed). The fifth item on the agenda was Ordinance No. 12, Series of 2015, an Ordinance Amending Section 14-10-7 of the Vail Town Code, regarding Outdoor Lights as presented by George Ruther, Director of Community Development. It was noted their prior discussion about the Town's adopted policies and regulations with regard to decorative holiday lights would be further reviewed with the proposed ordinance taking into consideration the recent complaints and current policies and regulations. The current proposal included decorative outdoor lights between 4 and 11 p from November 15 through May 15 annually (which is not currently regulated). He also noted PEC reviewed the draft ordinance and recommended more time to consider the definitions. Ruther spent some time talking about the definitions of lighting, i.e. holiday, decorative, ornamental lighting, and some of the challenges in drafting the regulation. It was noted only residential areas were included and commercial areas were excluded. There was some discussion about seasonal lighting, using a map to identify affected areas, effective dates, timing regulations (10 pm or 11 pm). There was some discussion about residential patio lighting vs. lodging lighting and whether or not to require lights be turned off. Ruther asked further consideration be given to better understand intended and unintended consequences of the regulations. Pubic input came from resident Kim Newbury who requested the town not regulate decorative lighting based on only a few complaints and questioned the need for the regulation, requesting council not adopt the ordinance. After some further discussion Kurz moved to deny the ordinance; Moffet seconded the motion and the ordinance was denied (6-1; Rogers opposed). The sixth item on the agenda was first reading of Ordinance No. 13, Series 2015:Columbine Drive Right of Way Land Transfer as presented by Tom Kassmel, Public Works Engineer. He noted a Portion of Columbine Drive currently encroaches on Lot 14 of the Bighorn Subdivision and the property is currently undergoing redevelopment. He noted in order to rectify the encroachment, the property owner and staff have discussed a land transfer, where the Town would receive the portion of property that Columbine Drive encroaches upon and the property owner would receive an equal portion of property along Lupine Drive also adjacent to Lot 14. There was a review of the land transfer as depicted on photos of the property; it was noted there Town Council Meeting Minutes of September 15, 2015 Page 3 was an exchange of an equal property size and the road stays the same. Moffet moved to approve Ordinance No. 13; Kurz seconded the motion and it passed unanimously (7-0). The seventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 7 p.m. Attest: Respectfull Submitted, aly, M or Town Council Meeting Minutes of September 15, 2015 Page 4 Vail Town Council Meeting Minutes Tuesday, October 6, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Proclamation No. 3, Series of 2015 Recognizing Ceil Folz, CEO of the Vail Valley Foundation, and her legacy career of 25 years as read by Mayor Andy Daly. Moffet moved to approve Proclamation No.3; Kurz seconded the motion and it passed (7-0). Daly expressed sincere thanks on behalf of the town to Ceil Folz for her extraordinary service to the Vail Valley Foundation and the community. The second item on the agenda was Citizen Participation with input as follows: Rick Sackbauer, ERWSD, spoke about an update on the wilderness policy information and an upcoming September meeting. He encouraged a review of the draft policy from the town officials and the community as they were interested in public input as well. Chamonix neighborhood resident expressed concerns about speeding on Chamonix and requested more signage (15 mph preferable); he made the same request earlier in the summer and nothing has been done. He would prefer a speed bump that might help slow down traffic as it is dangerous for the neighborhood. Kay Ferry introduced Jon Warrick who is running for Colorado Mountain College Board. Warnick spoke a few minutes about his interest in serving on the CMC Board; he is from Carbondale. Andy Newell, Vail Valley Soccer Club, thanked the Town of Vail for their support in the use of the town's fields this past weekend for their annual soccer tournament and fundraiser. Dennis Parsons, pickle baller and resident, expressed support for converting the courts to allow more pickleball play. Carolyn Swanpoole, resident, expressed support of the sport of pickleball and players, and encouraged the council to provide for more courts in the Vail area as she described the difficulty found in reserving pickleball courts since many of them are private. Town Council Meeting Minutes of October 6, 2015 Page 1 Other pickleball court supporters included Bill Welsch, Augie de Luca, Patty Nixon, Jerry Stevens, Mike Keeler. Several people expressed opposition to converting the courts to pickleball including 1) Larry Barnes, 2) Courtney Klein (Rams -horn Condos), 3) Tiffany Arrant (Texas Townhomes), 4) Susie Tjossem, citing noise, lack of restrooms and parking as concerns and a suggestion to evaluate more fully the needs of both court players before making any court conversions. Paul Rondeau, resident, expressed his concern with Frontage Road parking and safety impacts. He would like the council to review this matter and respond to the community with some suggestions for improvements. He expressed frustrations that there has not been any response to his concerns. Town Manager Zemler clarified the topic of pickleball was not an item on the evening agenda for discussion but the input was related to the monies budgeted in the 2016 budget for court improvements at Golden Peak. There would be more to come on this topic including public input opportunities in the coming months. Citizen participation was finished at this time. The third item on the agenda was the consent agenda as follows: 1) Minutes from September 1, 2015 regular meeting Moffet moved to approve the minutes; Kurz seconded the motion and it passed (6-0). Daly was absent that meeting and abstained from the vote. 2) ) Minutes from September 15, 2015 regular meeting Moffet moved to approve the minutes; Kurz seconded the motion and it passed (7-0). 3) Award Contract for Booth Creek Park Moffet moved to direct the Town Manager to enter into a contract for the Booth Creek Park Redevelopment project with Design Workshop in an amount not to exceed $154,340. The motion was seconded and approved (7-0). 4) Resolution No. 25, Series of 2015, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, For its Fiscal Year January 1, 2016 Through December 31, 2016 Moffet moved to approve Resolution No. 25; Rogers seconded the motion. Bugby expressed his opposition to the passage of the VLMD 2016 Budget and the funding of the VVP in the amount of $600K. The motion passed (6-1). 5) Resolution No. 31, Series of 2015, A Resolution Authorizing the Town of Vail to Grant a Water Easement to Eagle River Water and Sanitation District; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 31; Kurz seconded the motion and it passed (7-0). 6) Resolution No. 32, Series of 2015, A Resolution of the Vail Town Council Approving the 2015 Addendum to the Current Lionshead Public Facilities Development Plan to Address House Bill 15-1348 Moffet moved to approve Resolution No. 32; Kurz seconded the motion and it passed (7-0). The fourth item on the agenda was Any Action as a Result of Executive Session and Mayor Daly noted there were no actions required as a result of the session. Town Council Meeting Minutes of October 6, 2015 Page 2 The fifth item on the agenda was the Town Manager's Report at which time an update was presented on several topics: 1) Vail Golf and Nordic Clubhouse Court of Appeals Update Case No. 2014CAl019 Maslak, et al. v. Town of Vail, et al. as presented by Matt Mire, Town Attorney. 2) Electric bicycles There was consensus to direct town attorney to draft legislation allowing for e -bikes. 3) 1-70 Vail Underpass Construction Team Introductions and Schedule Update There were introductions made of the project team and a brief update about the project. The sixth item on the agenda was the presentation of the Vail Transient Inventory Study made by Katie Barnes, DestiMetrics, which was an update made to an initial study providing data on Town of Vail transient inventory conducted in 2009, updated in 2011, and again in 2015. Highlights from the study, which was done in order to better understand some of the gray lodging markets, followed: • Process / methodology ■ Units/pillows by location ■ Units / pillows by type ■ Units / pillows by rating ■ Gray market (Rent By Owner / RBO vs. Traditional Market Units & Pillows) ; big increase from 2011 to 2015 in # of these units on the vacation rental market ■ Findings Several questions addressed how the inventory was compiled and what was included in the inventory. In conclusion, DestiMetrics was asked to include the airbnb inventory in the data as this market has grown substantially impacting the traditional lodging industry and it would be important to track this market moving forward. The seventh item on the agenda was 2015-2016 Winter Parking Program which was addressed by Greg Hall Director of Public Works and Transportation. He noted each year the Town Council approves the winter parking program for the upcoming season. The recommendation of the staff was to keep the program rates the same as 2014-15; the parking rates and pass prices for Vail have remained the same since the 2008-2009 season. Hall did express some concern with regard to additional demand on parking mostly during the week because of the reduction of parking at the hospital due to construction of the first phase of the master plan build out, but they would monitor the situation. He noted the town was also able to have the license plate recognition software and cameras operational at the end of last season and staff will be able to report to the council early the trends seen with regard to abuse of free periods to avoid paying for parking during the day (looping). He noted the number of days on the Frontage Road as 10 days during the winter and 20 days this past summer. There was a brief discussion about cost benefits of adding another level to the Lionshead parking structure. Daly asked public input and there was none. Town Council supported the recommendation to keep the winter parking rates the same as last year. The eighth item on the agenda was second reading of Ordinance No. 13, Series of 2015, an Ordinance authorizing the sale of real property along Lupine Drive, in exchange for the purchase of real property along Columbine Drive, as presented by Tom Kassmel, Public Works Engineer. He noted a Portion of Columbine Drive currently encroaches on Lot 14 of the Bighorn Subdivision and the property is currently undergoing redevelopment. He noted in order to rectify the encroachment, the property owner and staff have discussed a land transfer, where the Town would receive the portion of property that Columbine Drive encroaches upon and the property owner would receive an equal portion of property along Lupine Drive also adjacent to Lot 14. Town Council Meeting Minutes of October 6, 2015 Page 3 Moffet moved to approve Ordinance No. 13; Kurz seconded the motion and it passed unanimously (7-0). The ninth item on the agenda was first reading of Ordinance No. 14, Series of 2015, An Ordinance Repealing and Reenacting Chapter 10-1, Building Codes, Vail Town Code, Adopting by Reference the 2015 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Energy Conservation Code, International Existing Building Code, Colorado Plumbing Code, Colorado Fuel Gas Code, 2014 Edition of the National Electrical Code, 1997 Edition of Uniform Code for Abatement of Dangerous Buildings and with Regard to the Above- Described Codes, Adopting Certain Appendices. Setting Forth Certain Amendments Thereto, and Setting Forth Details in Regard Thereto. The Council was reminded the International Building Codes are updated every three years to maintain minimum standards for the technical advances in building sciences and material innovations that are being used by the construction community. The proposed 2015 Building Codes also reflected the changes mandated by the State of Colorado Building Codes as presented by Martin Haeberle, Chief Building Official & Mike Vaughan, Fire Marshal. It was noted substantial time was spent reviewing the information earlier during the work session. Council's objective was not to place undue requirements or costs on property owners but rather to ensure safety is met. Concerns noted from the earlier work session resulted in two questions that would require more research, 1) Is there an appeal process and could an appeal process become part of the ordinance or code, and 2) what are the real impacts of the fire sprinklers for remodels and decks? Bugby moved to table the ordinance; there was not a second to his motion. Moffet expressed some of his continuing concerns about how the process is really an effort about social engineering rather than addressing true safety measures and he remains frustrated by the process of having to vote on these code amendments. Rogers moved to approve Ordinance No, 14, Series of 2015; Kurz seconded the motion. Daly asked that staff return at 2nd R with 1) information about implementing an appeals process, and 2) sprinkling system requirements for remodels and decks in multi story buildings. The motion passed (5-2; Moffet and Bugby opposed). The tenth item on the agenda was first reading of Ordinance No. 15, Series of 2015, Annual Appropriation 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, 2016 Through December 31, 2016. Budget highlights were presented by Carlie Smith, Budget Analyst, answering questions posed by council members. General Fund Highlights: ■ CSE funded $150K ■ Castle Peak funded at $50K but required other community governments to match Vail's contribution ■ EGE air alliance supported at $75K from GF; requested more information about what other agencies are contributing; there was concern expressed about the current funding structure/model and fund balances and a suggestions to split the funding between the Vail Local Marketing District and the General Fund Town Council Meeting Minutes of October 6, 2015 Page 4 RETT Fund Highlights: ■ Sustainable Travel International Certification Program funded at $64K (Walking Mountains Science Center) ■ Betty Ford Way construction paver project funded at $50K for preliminary engineering review There were some concerns expressed by Rogers about the USO Burton event funding at $400K as she noted this amount seemed over the top compared with funding of all the nonprofit funding requests. Council requested to hear from the event producer during the next meeting in order to better understand what might be eliminated if the funding were to occur at a $300K level. Moffet suggested budgeting some monies for consulting services to evaluate the ability to purchase federal lands that might be available to be used for housing; others supported waiting until a project would be viable before budgeting for services. Daly expressed several concerns and suggestions as follows: 1) the overall budget which reflects a trend in an increase of revenue against expenses, 2) suggested research be conducted to determine if there might be a staffing designation allowing some employees to work only 10 months in the year, 3) questioned the need for a 5% performance budget that seems above that which the private business community will see. Rogers, Bruno, Kurz, Moffet Chapin supported the proposed salary performance budget; Bugby did not support it. Daly asked for public input on the 2016 budget at this time; there were no comments. Rogers moved to approve Ordinance No.15, Series of 2015 with the following changes 1) fund EGE Air Alliance at $75K, 2) remove the funding of the map ($200K). Kurz and Bugby seconded and the motion passed (5-2; Moffet and Daly opposed). The eleventh item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 8:30 p.m. Respectfully miffed, Attest: Andr P. Daly, M or Mc , Town Town Council Meeting Minutes of October 6, 2015 Page 5 Vail Town Council Meeting Minutes Tuesday, October 20, 2015 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was Citizen Participation with several Eagle County School Board candidates addressing the Town Council as follows: District D: Bob Ticer and Felicia Battle District A: Tessa Kirchner and Ryan Geller Mayor Daly noted that the discussion about the Golden Peak racquet courts and improvements would occur on November 3 and additional public input would be welcome at that time. The second item on the agenda was Proclamation No. 4, Series of 2015 National Friends of Libraries Week as read by Moffet. Vail Public Library Director Lori Ann Barnes acknowledged her "Friends of the Library" group and thanked the Town council for their support. Daly expressed the Council's deepest thanks to the many library volunteers noting the success of Vail's exceptional library was because of this group. Moffet moved to approve Proclamation No. 4, Series of 2015 and the motion was approved (7-0). The third item on the agenda was the consent agenda as follows: 1) Resolution No. 33, Series of 2015, A Resolution Approving an Amendment to the Intergovernmental Agreement Between the Town of Vail and The Colorado Department of Transportation Regarding Vail -Bridge Road Structure Replacement; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 33, Series of 2015; Kurz seconded the motion and it passed (7-0). Moffet then moved to publicly acknowledge and thank Byron and Vi Brown for all their work with the annual Eagle Valley Rummage Sales over the years which has resulted in the many contributions made to Eagle County charitable groups. The motion was seconded and supported unanimously (7-0). Town Council Meeting Minutes of October 20, 2015 Page 1 The fourth item on the agenda was any action as a result of Executive Session and Mayor Daly noted there were no actions required as a result of the executive session. The fifth item on the agenda was Town Manager's Report at which time Zemler responded to the public input from Paul Rondeau at an earlier meeting when he expressed concerns about safety on the Frontage Roads. Zemler suggested there would be a review of this topic raised by Mr. Rondeau. He recommended there is a need to review the overall management of the Frontage Roads and they would begin to assess the situation in hopes of providing follow up recommendations. He suggested this may be an opportunity to work with a third party expert in this area. Town council was supportive of this suggestion. Town Clerk Patty McKenny presented a brief update on the upcoming November elections at both the municipal level and the county level. McKenny clarified when the Town of Vail's election results will be final which is no sooner than November 13. The sixth item on the agenda was second reading of Ordinance No. 14, Series of 2015, An Ordinance Repealing and Reenacting Chapter 10-1, Building Codes, Vail Town Code, Adopting by Reference the 2015 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Energy Conservation Code, International Existing Building Code, Colorado Plumbing Code, Colorado Fuel Gas Code, 2014 Edition of the National Electrical Code, 1997 Edition of Uniform Code for Abatement of Dangerous Buildings and with Regard to the Above -Described Codes, Adopting Certain Appendices. Setting Forth Certain Amendments Thereto, and Setting Forth Details in Regard Thereto. The Town Attorney noted their recommendation to table the ordinance at this time in order to satisfy some public notice requirements and continue research on the recommendations made at first reading, 1) review appeal process, and 2) clarify requirements about sprinkler systems related to remodels and decks. Moffet moved to table Ordinance No. 14, Series of 2051, Kurz seconded the motion and it passed (7-0). The seventh item on the agenda was second reading of Ordinance No. 15, Series 2015, 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, 2016 through December 31, 2016 as presented by Carlie Smith, Budget Analyst. There was a review of the memo and the status of budget items from the first reading of the ordinance at the last meeting as follows: General Fund Eagle Air Alliance: Council directed staff to fund a total of $150,000 for the Eagle Air Alliance flight guarantees, with $75,000 funded from the General Fund and the remainder from the Vail Local Marketing District for marketing efforts only. Moffet suggested hiring Kent Myers to serve as a consultant on this topic and offered to serve on the EGE Air Alliance Board. There was agreement that funding only occur if the other communities have funded their contributions including Vail Resorts Inc., and that the Town attorney confirm VLMD funding could be used for the airline guarantees' marketing efforts only. Burton US Open Snowboarding Championships There were comments made from the council members about the funding of this event as follows: Town Council Meeting Minutes of October 20,201S Page 2 Rogers expressed support of the event, but is interested in what impacts to the event would occur if the funding were $300K vs. $400K. She sees the current level as over the top especially when compared with funding for the summer programming provided by the non profit groups. Moffet fully supported the event for several reasons, 1) hits the mark on the market group they want to target, 2) the media value the town gets is amazing because it would be incredibly expensive and unrealistic to purchase the that much media programming, 3) believes the event is fully worth Vail's investment. Bruno continued to express support for the event and the town's partnership with Burton and that activating the town with this kind of event is what the customers want. Bugby supported the event and was interested in better understating the role and support from Vail Resorts, Inc. Chapin expressed support of the event with some specific questions about the event budget related to the party production vs event production costs (talent fees are the party production — music fees) and the snowmaking budget. Ian Warda, Burton's Director of Event and Programming, introduced his team as Whitney Heingartner, Strategic Alliance Manager, and newest member Cameron as well as Peggy Wolfe from Highline Sports and Entertainment, and then presented their economic summary of the event. Highlights included: ✓ attendee expenditures ✓ ROI tax revenue ✓ ROI : parking revenue ✓ Estimated incremental spending estimates ✓ Noted burton's direct sending back to vail thru their travel / lodging / meals almost $1 M Warda emphasized Burton wanted to continue the trend of "growing and activating the event" and attracting the guests to Vail. He noted they could return with more specific budget information about contributions to the event and show more detail about the costs of producing the event. Kurz expressed support of the event at the $400K even though the initial request was for $300K; he continues to be very excited about their return as the sport of snowboarding has brought so many other exciting things to the world of sports; he felt there is a tremendous intrinsic value from this event; and he noted that Vail is the most "connected resort" in the US and the world because of all the young people who attend the event who are sending social messaging everywhere. Daly asked about Burton's organizational structure with some of the recent transitioning and word of recent turmoil. Warda responded noting that several employees have moved on including Nick and Maria, but reminded them of the strong leadership the company gets from owners Jake and Donna Burton. Human Resources: creating a 10 -month employee category Krista Miller, Human Resources Director, presented an update about some discussions occurring looking into the potential for unpaid time off options for employees in select positions Town Council Meeting Minutes of October 20, 2015 Page 3 whereby up to a month of unpaid leave could be taken during the "shoulder seasons". An unpaid leave policy may accomplish the same cost savings without creating a new category of employee. Daly asked that it be considered as a discussion for a future agenda. Sustainability with revenue projections rising at a lower rate than annual expenditures. The finance staff prepared a historical analysis depicting annual increases in both items (see attachment A of the memo) noting that over the past five years (2010 — 2014), the town has averaged annual revenue increases of 3.7% and annual expenditure increases of 3.5% in the General Fund. It was further noted the proposed 2016 budget for the General Fund projects an increase to revenue of 5.7% and an increase in expenditures of 4.7%. Across all funds, revenue has increased on average 3.0% over the past five years. While sales tax collections have had solid annual increases since the economic downturn, this has been offset by more volatile revenue sources such as Real Estate Transfer Tax, property tax and construction -related fees. Daly suggested that future council's consider tracking this trend in an effort to ensure the budget remains sustainable and that the review should be not calculated on average but rather cumulatively. Several council members, Chapin and Moffet, thanked Daly, Rogers and staff for their strong leadership during the economic downturn. There was a brief discussion about several of items as follows: ✓ the finishing of the pavers project at Ford Park ✓ the RETT fund balance trend from 2016 to 2018 ✓ the removal of the $200K expenditure for the map; this topic would likely be reviewed at a future date Moffet moved to approve Ordinance No. 15, Series 2015; Kurz seconded the motion. There was no public input on the budget. The motion passed (7-0). There were special thanks extended to the budget team and department directors. The eighth item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Bugby seconded the motion which passed unanimously, (7-0) and the meeting adjourned 7:15 p.m. Respectfull itted, Attest: �— Andr P. Daly, Mayor Patty nny, Town nL-.'.A Town Council Meeting Minutes of October 20, 2015 Page 4 Vail Town Council Meeting Minutes Tuesday, November 3, 2015 5:15 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 5:15 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Ludwig Kurz, Mayor Pro Tem Jenn Bruno Dale Bugby Dave Chapin Greg Moffet Margaret Rogers Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item on the agenda was a review of the PEC/DRB minutes; no items were called up at this time. There were some comments made related to the discussion about the Evergreen Lodge related to the term "live beds". The second item on the agenda was information updates as follows: 1) September 21015 Sales Tax Report 2) November 2015 Revenue Highlights 3) East Vail Fire Station Renovation Daly made a couple of comments related the size of the lot, the need to correct the address, and the renderings of the East Vail Fire Station renovation. The third item on the agenda was Matters from Mayor, Council and Committee Reports, with some comments from Bugby who thanked the community for their support electing him two years ago. He shared that his reason not to run again was the need to turn focus back to his business. Rogers also thanked the community and staff for their support; she noted it had been a privilege serving the community of Vail. Daly presented an update on recent CAST meeting topics, i.e. disaster response discussion. The fourth item on the agenda was second reading of Ordinance No. 14, Series of 2015, An Ordinance Repealing and Reenacting Chapter 10-1, Building Codes, Vail Town Code, Adopting by Reference the 2015 Editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Energy Conservation Code, International Existing Building Code, 2012 editions of the International Plumbing Code and International Fuel Gas Code, 2014 Edition of the National Electrical Code, 1997 Edition of Uniform Code for Abatement of Dangerous Buildings and with Regard to the Above -Described Codes, Adopting Certain Appendices. Setting Forth Certain Amendments Thereto, and Setting Forth Details in Regard Thereto as presented by Martin Haeberle, Chief Building Official & Mike Vaughan, Fire Marshal. The International Building Codes are updated Town Council Meeting Minutes of November 3, 2015 Page 1 every three years to maintain minimum standards for the technical advances in building sciences and material innovations that are being used by the construction community. The proposed 2015 Building Codes also reflect the changes mandated by the State of Colorado Building Codes. There was some continued discussion about the manner in which the new codes will be released to the public, the fire sprinkler requirements and the appeal process. There were some concerns expressed related to redevelopment of buildings and smaller remodels and the increased financial impacts from the fire sprinkler requirements on these kinds of projects. There was also a recommendation by the Town Attorney to leave the current appeal process to include only the Building and Fire Codes Appeals Board. Moffet continued to express opposition to the process as a means of forced social engineering. Rogers moved to approve Ordinance No. 14, Series of 2015, on seconded reading; Bugby seconded the motion. Daly asked for public input at which time Robin Burch addressed the council with some concerns about her remodeling experiences and the building code requirements related to the sprinkling systems. She expressed her concerns in that there have been monumental financial impacts with these requirements and the need for more appeal venues. She noted her interactions with the town have been somewhat difficult during the remodeling process. The motion passed (5-2; Bruno and Moffet opposed). The fifth item on the agenda was Proclamation No. 5, Series of 2015, A Proclamation Declaring the 3rd Week in November 2015 as "Volunteers in Police Service Week" as presented by Dwight Henninger, Chief of Police, who noted that volunteers have given more than 500 hours of community service to the town. Proclamation No. 5 was read and approved by the Town Council. The sixth item on the agenda was Citizen Participation as follows: 1. Jonathan Levine expressed concerns with the Vail Police Department and requested more late night police service during events, such as Halloween. 2. Taylor Gardarian presented information about his new non profit organization called Open Source Citizen Control. 3. Robin Burch presented her ideas for a beautification plan for the island by Booth Falls bus stop. The seventh item on the agenda was the Consent Agenda: 1) Minutes from October 6, 2015 meeting Moffet moved to approve the minutes; Bugby seconded and the motion passed (7-0). 2) Minutes from October 20, 2015 meeting Moffet moved to approve the minutes; Bugby seconded and the motion passed (7-0). The eighth item on the agenda was the Town Manager's Report; no items were presented. The ninth item on the agenda was recognition of outgoing Council Members Andy Daly, Margaret Rogers and Dale Bugby. Town Manager Stan Zemler thanked Bugby for his past two years of service with appreciation for the many topics and perspectives he brought to the discussion. He then thanked both Rogers and Daly individually by identifying many of the accomplishments of their last eight years and giving them high accolades and accommodation for their impressive leadership while serving for the Town of Vail. Kurz, Moffet, Bruno, Chapin and Bugby presented their praises for the years of service by the three members as well. Town Council Meeting Minutes of November 3, 2015 Page 2 The tenth item on the agenda was the discussion about the Golden Peak Racquet Sports Facility as presented by Todd Oppenheimer who requested direction from Council on the configuration of the Golden Peak Racquet Sports Facility project. He noted that on August 5, 2015, as part of the Booth Creek Park design program discussion, the Town Council directed the inclusion of 2 hard -surface tennis courts in the design of Booth Creek Park and an evaluation of the Golden Peak Tennis Court site for a full or partial conversion to pickleball courts. He noted the existing Golden Peak courts are in poor condition and there is a need for them to be reconstructed. Some highlights of the current situation include: ■ The Vail Recreation District has been operating a pickleball program on half of the Chalet Road courts for 4 years ■ The site has been evaluated and staff determined that it is feasible to construct 6 pickelball courts and 12 parking spaces on the site without encroaching on Mill Creek and retaining the possibility of through traffic on Chalet Road ■ A proposed site plan for the Golden Peak site would be presented ■ Construction of Booth Creek Park is scheduled to begin in May 2016 and completed later that fall. Assuming the project stays on track, the Booth Creek Park tennis courts will be available for play late October 2016 ■ There has been significant public opinion both for and against tennis and pickleball configurations for the Golden Peak Racquet Sports Facility Project ■ On October 20, 2015 the Town Council conducted a site visit to the Chalet Road site and directed the Vail Police Department to perform noise readings as pickleball was being played. The results of the noise readings are attached. There were 2 options for improvements outlined by Oppenheimer, as follows:: a) 6 pickleball courts & 12 parking spaces b) 4 pickleball courts and 1 full size tennis court Mike Ortiz, VRD Executive Director, provided some programming recommendations noting there is not a need for more tennis courts once courts are built at Booth Creek and there have been no complaints received by VRD about Golden Peak pickleball programming. The noise levels taken during the recent site visit indicated no violations of the code. Public input was taken at this time with a number of persons in support and opposed to the construction of new courts. 1. Ram's Horn manager expressed concerns about noise and restrooms 2. Texas Townhomes owners expressed concerns about the programming and resulting noise levels 3. All Seasons owners have concerns about sound impacts 4. Bill Suarez, VRD Board, commented on the decline of tennis and the rise of pickleball play 5. Jim Lamont, VHA, encourage groups work together for the best solution, possibly work towards some regulations surrounding the programming and operations addressing, noise, lighting, time of day, etc. There were several comments from town council that showed consensus for the several planning components, 1) Continue working with the neighborhood to hear their concerns and ideas, 2) support of 6 pickleball courts, 3) support of the programming since it is supported by the community. A motion was made and seconded to move forward with six (6) pickleball court configuration. The motion passed (6-1; Daly opposed). Town Council Meeting Minutes of November 3, 2015 Page 3 The last item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which passed unanimously, (7-0) and the meeting adjourned. Attest: Patty�'McKAfih Town F SEAL Town Council Meeting Minutes of November 3, 2015 Page 4 Vail Town Council Meeting Minutes Tuesday, November 17, 2015 12:00 P.M. Vail Town Council Chambers The swearing in of the newly elected town council members began at 12:00 p.m. Vail Town Clerk Patty McKenny led the oath of office taken by Dick Cleveland, serving a two-year term, Kevin Foley, Kim Langmaid, and Jen Mason, serving a four-year term. The regular meeting was then called to order at approximately 12:05 P.M. by council member Greg Moffet. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The second item of business was the selection of the Mayor and Mayor Pro Tem. Moffet moved to elect Dave Chapin to be Mayor of the Town of Vail for a two year term; Bruno seconded the motion and it passed (7-0). Moffet moved to elect Jenn Bruno to be Mayor Pro Tem of the Town of Vail for a two year term; Foley seconded the motion and it passed (7-0). Mayor Chapin expressed his appreciation for the support of the Vail community and town's Council's support in electing him as Mayor and he expressed looking forward to serving the town in a bigger role. A community lunch reception was the held to welcome the newly elected members to Vail Town Council. . The next agenda item was the site visit to the Lionshead Transportation Center to visit the La Cantina Restaurant in order to review a proposal to add a deck to the outdoor area. The meeting was recessed after the site visit until 6:00 P.M. The council meeting reconvened at 6:00 p.m. and the next item on the agenda was Citizen Participation; the following persons addressed the council: Taylor Gardarian, spoke about his non profit organization Open Source Citizen Control, looking for any input about citizen participation and axioms of time. Jonathan Levine, Vail Limousines, congratulated new council members and expressed support in working with them on two issues facing the town, 1) the Vail Police Department, who he criticized for their leadership and services, and 2) the Vail Transportation Center and transit services, which he indicated did not service the guests in the valley with later night service. Town Council Meeting Minutes of November 17, 2015 Page 1 The seventh item on the agenda was Proclamation No. 6, Series of 2015, celebrating Colorado Gives Day as presented by Susie Tjosseim, Colorado Ski Museum. She noted there was representation from 47 community non profit groups in the region. She acknowledged Colorado Gives Day as December 8 this year, a day that has rapidly grown into the largest day of individual giving in the State of Colorado. Moffet read the proclamation and moved to approve Proclamation No. 6. Foley seconded the motion and it passed (7-0). The eighth item on the agenda was presented by Chris Neubecker, Planning Manager, as request to proceed through the development review process with a proposal to construct a patio seating area for La Cantina restaurant at the Town of Vail owned Vail Village parking structure, located at 241 East Meadow Drive/Tracts B and C, Block 5D, Vail Village Filing 1. He noted La Cantina Restaurant, represented by owner Richard Wheelock, is requesting the property owner give authorization to proceed through the Town's development review process with a proposal to construct an outdoor patio on the south side of the Vail Village parking structure. The restaurant, within the Bus Terminal, is located on the third level of the parking structure and the proposed patio would extend southward from the existing structure, on the same level as the existing restaurant. The materials included with the council packet were a letter from the applicant detailing the request, draft patio plans, and an artist's rendering. Neubecker further described the request as an 810 +/- square foot heated, stamped concrete (snow -melt) patio, with Space for approximately 30 — 40 seats, including a new patio wall and railing to match existing, and proposal to remove five trees. Several items were noted as part of council's considerations for this proposal: ✓ Pursuant to Section 12-16, Conditional Uses, Vail Town Code, the proposal to construct a patio will require review and approval of a conditional use permit by the Planning and Environmental Commission. ✓ Pursuant to Section 12-9C, General Use District, Vail Town Code, development standards for the proposal will be prescribed by the Planning and Environmental Commission, including site coverage, landscaping and parking. ✓ Pursuant to Section 12-11, Design Review, Vail Town Code, the proposal to construct a patio addition on the Vail Village parking structure will require review by the Design Review Board. ✓ Pursuant to Regulation 47-302 of the Colorado Liquor Rules, the applicant will need to modify their liquor license to include this outdoor seating area in order to allow liquor consumption on the patio. (The new patio would be contiguous to the current liquor license boundary.) ✓ In addition to these regulatory processes, the Town Council should consider the impacts on the existing lease for the restaurant, impacts on restrooms, and potential for creating a precedent for modifying Town owned buildings. ✓ The Council should also consider if the outdoor seating will be exclusively for La Cantina patrons, or if it will be open to the general public to use. Richard Wheelock, owner of restaurant, was present and answered questions about participating in costs related to landscaping the area; he expressed willingness to assist with the costs of the landscaping of the area as likely dictated by DRB. There were also some comments about his current lease and how a new lease would be negotiated, who pays for the increased utilities with new space, could it be a phased approach to the addition. Wheelock noted his goal was to try to improve the summer business by adding the patio. Moffet moved on behalf of the town as the property owner to approve the applicant's request to proceed through the development review process with a proposal to construct a patio and seating area for use by La Cantina Restaurant and its customers, located at 241 East Meadow Drive/Tracts B and C, Town Council Meeting Minutes of November 17, 2015 Page 2 Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Bruno seconded the motion and it passed (6-1; Langmaid opposed). The ninth item on the agenda was the consent agenda as follows: 1) Resolution No. 35, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Regarding the Town of Vail Recycle Drop Off Site; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 35; Bruno seconded the motion and it passed (7-0). 2) Resolution No. 36, Series of 2015, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Regarding Animal Services; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 36; Bruno seconded the motion and it passed (7-0). The tenth item on the agenda was first reading of Ordinance No. 16, Series 2015, an Ordinance providing for the levy assessment and collection of town property taxes due for the 2015 tax year and payable in the 2016 fiscal year as presented by Kathleen Halloran, Finance Director. The town is required by Colorado state law to certify the mil levy by December 15 of each year. It was noted this action is required annually in order to certify the numbers with Eagle County who processes all of the property tax billing. Moffet moved to approve Ordinance No. 16 on first reading; Bruno seconded the motion and it passed (7-0). The eleventh item on the agenda was PEC/DRB update was updated by Chris Neubecker, Planning Manager. There was no call ups of items considered at the meetings. There was some discussion about religious uses in residential zone districts which was one of the meeting topics. The twelfth item on the agenda was Information Update: 1) VEAC Meeting Minutes November 10, 2015 2) September 2015 Vail Business Review ( The thirteenth item on the agenda was Town Manager's Report as follows: 1) Council Committee Appointments List and Schedule Zemler reviewed the committee list presented in the packet with a brief overview of each committee appointment that would be required. It was noted that neither the CSE nor AIPP would include the appointment of a council member per the town's charter which states the "council shall not serve on any town boards or commissions". It was also suggested that some guidelines be discussed surrounding a person's role when he/she serves on both the town council and a non profit organization's board with a review of the conflict of interest statutes. It was noted the appointments would be made at the December 1s` meeting. 2) Proposed Council Retreat date is Dec 15 There was full support to holding a council retreat on the date proposed. 3) All EE meeting Thursday morning at Vail's Mountain Plaza There was an invitation to all staff for a kick-off season meeting; the town council was also invited to attend. A new guest service enhancement program will be kicked off called "Random Acts of Kindness", a take off from some great Disney training, that staff have created. Town Council Meeting Minutes of November 17, 2015 Page 3 The fourteenth item on the agenda was Matters from Mayor, Council and Committee Reports, an opportunity for council members to bring forward any items from committees. Comments were heard as follows: Foley noted: 1) ski season start and kick off on Vail mountain on Friday at 9 a.m., 2) concerns about West Vail roundabout south side which has rebar on the road surface. Staff noted CDOT would be repairing this next year. The fifteenth item on the agenda was adjournment. There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed unanimously, (7-0) and the meeting adjourned 6:55 p.m. Attest: Respectfully Submitted, I � � pin, ayor �o�•N•QF08 0 .� . SES Town Council Meeting Minutes of November 17, 2015 Page 4 Vail Town Council Meeting Minutes Tuesday, December 1, 2015 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 Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Stan Zemler Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business was Citizen Participation with comments as follows: Michael Letourneau, representing Solar Crest Condominium Association, presented some information about a recent situation between the Association and Town of Vail Community Development Department related to a "red tag" issed them because of a dumpster on town owned property. He noted they have been trying to comply with the recycling regulations to construct a new dumpster. After some discussion, it was noted town staff would: work with the Association in an effort to ensure the appropriate process and compliance with the matter would result. Taylor Gardarian, Eagle County resident, presented additional information about his topic of the axiom of time related to his non profit organization Open Source. Mayor Chapin noted the topic did not come under appropriate town business. The second item of business was Proclamation No. 7, Series of 2015, Proclamation Declaring December 11, 2015 as "WhoVail Day". Jenn Bruno, Town Council, read the proclamation for the audience. Moffet moved to approve Proclamation No. 7 with a second by Foley sand it was passed unanimously (7-0). The third item of business was the appointment of the Municipal Judge. Mayor Chapin noted the Town Charter (7.2) and Municipal Code (1-9- 6) address the appointment of a municipal judge for a two year term. Moffet moved to appoint Buck Allen to a two year term a5 Vail's Municipal Judge with the term to expire November 2017. Bruno seconded the motion and it passed unanimously (7-0). Judge Allen noted he has served 36 years with the Town of Vail. The fourth item of business was the Consent Agenda as follows: 1) Minutes from November 3, 2015 meeting Moffet moved to approve the minutes; Bruno seconded the motion and it was approved by those attending the meeting on that date (Bruno, Chapin, and Moffet — aye; Cleveland, Foley, Langmaid, and Mason abstained). Town Council Meeting Minutes of December 1, 2015 Page 1 2) Minutes from November 17, 2015 meeting Cleveland moved to approve the minutes; Moffet seconded the motion and it passed unanimously (7-0). The fifth item on the agenda was the Town Manager's Report at which time there was mention of the Birds of Prey event happening in Beaver Creek this upcoming weekend. He also reported on the Gore Creek matter indicating the town would host a debrief of the matter with several private and public parties that week in order to follow up on details of what transpired and how to mitigate any further issues. The sixth item of business was a presentation by the Commission on Special Events with their (CSE) proposed funding allocations for 2016 Cultural, Recreational and CommunityEvents and Education and Enrichment Programming. Barry Davis, Chairman, requested the Town Council approve the proposed funding allocations for the 2016 Cultural, Recreational and Community Events and the Educational and Enrichment Programming. They did share their support for a learning and multi -cultural facility for Vail. Chapin noted how far the Commission has come on developing the objectives and metrics of measuring the success of the events. After the presentation, there was a brief discussion about the fact that the Town Council was not required to approve the CSE budget, but rather the code indicates council members would "call up" and review funding allocations or CSE decisions if there were any questions or concerns. In summary, there was no need for any action but rather the process was one that is informational only. It was noted staff will continue to research and present the CSE with fresh ideas for events as well they continue to evaluate the calendar and when new opportunities might be scheduled, although it was noted a busy schedule already exists. Town Council thanked the Commission for their work and efforts with the event planning. There was a special thanks to Rayla Kundolf for her eight years of service with CSE. The seventh item on the agenda was second reading of Ordinance No. 16, Series 2015, an Ordinance providing for the levy assessment and collection of town property taxes due for the 2015 tax year and payable in the 2016 fiscal year as presented by Kathleen Halloran, Finance Director. The town is required by Colorado state law to certify the mil levy by December 15 of each year. Moffet moved to approve Ordinance No. 16 and Bruno seconded the motion. Chapin noted there was an update with the ordinance made related to using the most current assessed valuation number. There were no public comments on the ordinance. The motion passed (7-0). The eighth item on the agenda was first reading of Ordinance No. 17, Series 2015 an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Timber Ridge Enterprise Fund. Several budget highlights were presented and in summary it was noted that across all funds, the supplemental budget request would adjust the budget to reflect $119,501 of additional revenue and proposes an increase of $360,252 to expenditures. General Fund Budgeted revenue adjusted by an increase of $106,962 which is directly offset by expenditures, corresponding expenditures outlined in budget memo. Adjustments to the General Fund 2015 budget result in a net decrease of $53.8K, with a resulting fund balance of $18.9 million by the end of 2015, or 54% of annual revenues. Town Council Meeting Minutes of December 1, 2015 Page 2 Capital Projects Fund Budgeted revenue decreased by a total of $26,801 and includes a decrease in reimbursement from the Vail Reinvestment Authority by $80,548 to coincide with the project budgets that were adjusted earlier in the year offset by revenue increases of $53,747. The increased revenues are all reimbursements for expenditures, details outlined in the packet memo. The proposed budget adjustments will result in an estimated fund balance of $20.9 million by the end of 2015. Real Estate Transfer Tax (RETT) Fund Budgeted revenues reduced by a total of $26,810 which includes a $50K reduction in reimbursement from Vail Reinvestment Authority. This is related to council's decision to not move forward with a skate park snowmelt system previously budgeted. In addition, revenues will increase by $23,109 (with corresponding expenditure) for a recycling reimbursement from Eagle County. New projects or increases were outlined in the packet memo. The proposed budget adjustments result in an estimated fund balance of $4.4 million by the end of 2015. Timber Ridge Enterprise Fund Budgeted revenue will be increased by a total of $66K from increased projections in rental income mainly due to no vacancies during the year. Staff is also requesting to supplement 2015 expenses by a total of $49,994. Expenditure adjustments were detailed in the packet memo. The proposed budget adjustments result in an estimated fund balance of $717K by the end of 2015. Foley requested a review of transit ridership and personnel costs be made related to the increased service provided to Ford Park; Mason noted the increased service showed full buses once they arrived at the park. Moffet asked about the VRA reimbursement and it was noted the impact was just the reconciliation and transfers across funds. Moffet moved to approve Ordinance No. 17, Series of 2015 on first reading, the third and final 2015 budget supplemental; Bruno seconded the motion. There were no public comments made. The motion passed (7-0). The ninth item of business on the agenda was the review of the Evergreen Lodge at Vail Master Plan Amendment as presented by George Ruther, Director of Community Development. Chapin noted this item would be conducted as a Public Hearing with the Vail Town Council in order to present the Town of Vail Planning and Environmental Commission's recommendation of approval of the proposed amendment to the Lionshead Redevelopment Master Plan to the Detailed Plan Recommendations for the Evergreen Lodge at Vail. Council member Cleveland disclosed his role of serving on the Vail Valley Medical Center Board. Town Attorney Mire noted there was not a conflict of interest with this disclosure per the town charter and it was not necessary for Cleveland to recuse himself from the discussion. He also informed the council there would be an outline of steps to the evening's public hearing process and that the council would be asked to continue the topic to the next meeting. Ruther presented some background and noted the applicant, Evergreen Lodge at Vail, is proposing amendments to the detailed plan recommendation prescribed for the Evergreen Lodge at Vail in the Lionshead Redevelopment Master Plan, specifically Chapter 5 of the plan. Such amendments were reviewed in accordance with the provisions prescribed in Section; 2.8 of the plan. He reminded council and the audience that this was not a review of the develppment application as this process would occur after the master plan was amended. He noted PEC served in an advisory role in making recommendations about the application. He presented the four purposes of the amendments as follows: Town Council Meeting Minutes of December 1, 2015 Page 3 1. Clearly identify and articulate the desired outcomes of a future redevelopment of the Evergreen Lodge at Vail, 2. Remove language from the Master Plan which is no longer relevant or applicable, 3. Respond to changes in conditions as a result of the land exchange with Vail Valley Medical Center, and 4. Establish predictability within the review process by providing detailed site specific recommendations for redevelopment if the Evergreen Lodge at Vail site. Dominic Mauriello, Mauriello and Associates, representing the applicant, presented the application which outlined the proposed Evergreen modifications to the master plan. There were slides showing some of the application highlights, such as the current sites, photos of 1) the property, 2) middle creek, and 3) pedestrian path, the parcel ownership (WMC,Evergreen owners, Town), review of the land trade that would occur with WMC, a preview of the development concept with information about the current number of rooms and proposed number of rooms, what happens with landscaping, parking and circulation, building configurations, and South Frontage Road improvements with the construction of a roundabout. He then reviewed the Master Plan Sections and specific suggested changes in the plan pertaining to the topics listed above. Council comments were given about topics as follows: ✓ Support to review environmental studies completed that addressed the project's' impacts on the stream tract, noting this project would create increased shading of the stream. ✓ Review of future uses and opportunities with public access in that particular neighborhood and Dobson Ice Arena. ✓ Discussion about creating appropriate access between WMC and this property that would enhance the connection. ✓ Continued review of the location of the helipad and neighborhood impacts. Mauriello noted they continue to review the project relative to some of these topics. ,Mayor Chapin opened the hearing for public input at this time; he noted that comments were to be directed to the Vail Town Council only. Tom Braun, representing WMC, informed council the land exchange was moving forward and noted some specific sections where he has some suggestions for language changes, page 6. Mery Lapin, 232 W. Meadow Drive, suggested several changes, as follows: 1) change stream setback to be 30 ft. from the high water mark resulting in increased stream protections, 2) include multiple condo associations as stand alone, 3) Vail should continue to own Lot 10, 4) review again the traffic on Meadow Drive and helipad location. Jim Lamont, Vail Homeowners Association, encourage them to preserve municipal site redevelopment opportunities, increase parking with another deck at Lionshead Structure, explore future civic facility in the neighborhood. Ruther submitted some final comments as follows: 1) he requested a continuation on the public hearing until the next meeting, 2) he reminded them the amendments were recommended by PEC, 3) he noted staff would continue to work with the all interested parties, WMC and neighborhood residents, 4) staff would return at the next meeting with a resolution for consideration that would outline with the proposed plan amendments. There was interest from Town Council Meeting Minutes of December 1, 2015 Page 4 several council members for further review of the town's ordinances related to the environmental protection of the stream and related setbacks as well as a review of current residential density requirements. Chapin noted the great collaboration and cooperation taking place between the stakeholders on this project. Moffet moved to continue the public hearing and discussion on the Evergreen Lodge at Vail Master Plan Amendment to the December 15, 2015 regular council meeting; Cleveland seconded the motion and it passed (7-0). The tenth item on the agenda was adjournment. 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 9:30 p.m. Town Council Meeting Minutes of December 1, 2015 Page 5 Vail Town Council Meeting Minutes Tuesday, December 15, 2015 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 Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business was Citizen Participation. Two representatives from the Vail Commons' housing complex addressed the Town Council with a request to consider allowing the Association to defer its land lease paymentp to the town in order to use the monies to fund a reserve account which would pay for future capital projects. The Town manager noted staff is currently reviewing the terms of the lease and the request and would return with more information at one of the January meetings. Karl Fauland, resident of Geneva Drive, thanked town staff for efforts to clean up their neighborhood. The second item on the agenda was the Town Manager's Report; there were no updates presented. The third item of business was the appointment of new members to the Commission on Special Events; it was noted seven applicants were interviewed during the work session. Brunfio moved to appoint Kim Newbury Rediker, Mark Christie, and Sheena Richardson to the CSE fpr two year terms. Moffet seconded the motion and it passed (7-0). The fourth item of business was the appointment of one new member to PEC to serve the term vacated by newly elected council member Dick Cleveland. Two interviews were conducted during the work session. Bruno moved to appoint Ludwig Kurz to PEC to serve the tefm ending March 31, 2016. Cleveland seconded the motion and it passed (7-0). The fifth item on the agenda was a presentation by Ian Warda, Director of Burton Events, with an update about the Burton US Open Snowboard Championships to be held February; 29 through March 5. There were also some introductions of new team members responslible for the production and operation of the upcoming event. There were some questions fronp town council members about the following items, 1) Burton programming related to environmental sustainability, 2) status of sponsorships and partners, 3) what kinds of event improverhents Town Council Meeting Minutes of December 15, 2015 Page 1 would be sought, 4) eligibility and qualification requirements, 5) the impacts from the town and need for Vail Resorts, Inc. in constructing and providing the infrastructure, 6) and the town's request for a complete and detailed after event report. It was noted the town fully supports the event with its production support and funding levels. The sixth item on the agenda was second reading of Ordinance No. 17, Series 2015 an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Timber Ridge Enterprise Fund as presented by,Carlie Smith, Budget Analyst. Zemler asked for input about the possibility of including a photovoltaic system with the remodel of the Golf and Nordic Clubhouse project as funding would 'need to be included in the first 2016 supplemental budget ordinance. There was unanimous support for researching this kind of installation and associated costs. Moffet moved to approve Ordinance No. 17; Foley seconded the motion. There was not public input on the ordinance. The motion passed (7-0). The seventh item on the agenda was Resolution No. 38, Series of 2015, a Resolution amending the Lionshead Redevelopment Master Plan to amend detailed plan recommendations for future development on the Evergreen at Vail development site, as prescribed in Chapter 5 of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto, as presented by George Ruther, Director of Community Development. Mayor Chapin rioted the public hearing was continued from the last meeting and he opened the hearing at this time. Ruther addressed the resolution which depicts the amendments specifically addressed in Chapter 5, (including changes in 5.19.1 through 5.19.9) and he also spoke about Chapter 4 as it pertains to all of Lionshead relevant to such topics as the lodging hub, the connection to Vail Village, north -south orientation of buildings, loading and delivery, etc. He reviewed each of the objectives as addressed with amendments and noted the numerous community benefits that would result with revising the Master Plan. He spoke about the history of the mastet. plan, the number of times it has been updated over the years, and how the Evergreen Lodge Was added in 2005 and rezoned. There was a preview of the upcoming process as it related to the amendment review, the rezoning/subdivision and the development review which would be completed by both PEC and DRB. And finally, he recognized public input received from 1) Vail International Condominiums, a letter requesting further communication with the town to address their concerns and issues with the proposed amendments, and 3) Gwen Scalpello, s letter requesting the removal of language that references allowing a portion of Lot 10 to be used as potential mitigation for roundabout impacts to the Evergreen property. Dominic Mauriello, representing the applicant, also presented some slides addressing their perspective on the proposed amendments; he noted there were unanimous approvajls of the amendments by PEC. He provided details about the property as it stands today and what would be proposed for the future, with a review of hotel rooms, condo units, food and beverage, meeting rooms, parking, etc. His listing of overall community benefits included the fpllowing: ✓ Release of covenants held by Evergreen on VVMC property ✓ Allows well over 100K sq. ft. of future expansion to VVMC main campus ✓ Addresses issues and impacts related to helipad and flight path over Evergreen Lodge ✓ Provides for north -south building orientation (goal of master plan) ✓ Allows for land trade ✓ Allows north -south pedestrian corridor through the property ✓ Reflects TOV proposed roundabout which impacts Evergreen property ✓ Requires protection and enhancement of Middle Creek corridor Town Council Meeting Minutes of December 15, 2015 Page 2 ✓ Accommodates new TOV roundabout ✓ Prohibits vehicular access from W. Meadow Drive He also addressed and reviewed the "live beds" policy, the specific comments heard from the last public meeting, and provided a more thorough review of the impacts to Middle Creek by the proposed development, specifically comments about the 1) need for more set backs from the creek and 2) too much shading of Middle Creek. The applicant's perspective on these items was shared, and in summary, it was noted that an increase in creek setback was not "reasonable" because if affected the current development rights significantly; there were suggestions about other ways to address stream health. And, Mauriello noted the resullts of a "sun shade analyses" which showed the creek would be shaded during the day regardless of the buildings at a height of 4 or S stories in height. The comments from both Vail resident Scalpello and Vail International were addressed as he noted the language about Lot 16was not binding in any way and they were willing to take into consideration the VI concerns about inside loading & delivery but would wait to proceed through the development review process biefore addressing the other concerns identified, i.e. stepping back and articulation of the building structure from the west. In closing, he requested a "vote yes" on the amendments in light of WMC and community benefits overall. Chapin opened the public hearing and input was received as follows: Tom Braun and Jim Wear, representing WMC, requested the council vote "yes" on the resolution as their concerns have been addressed. Rick Pylman, representing Vail International, expressed concern about the absence.of an adjacent property notification and the concerns the association has with the proposed development, related to 1) loading and delivery, and 2) the building orientation. He requested more time allowing them a chance to review and resolve the issues. Heidi Hansen, Vail International resident, expressed their need for more time to work with attorneys and stakeholders about several issues. Mery Lapin, 232 W. Meadow Drive, expressed concerns as well, noting the following; 1) need to change the notification requirements to include broader range of neighbofhoods when master plan amendments are being considered, 2) preferences for Middle Crejek set backs, 3) concern with language related to trading or selling town owned Lot 10, . FI requested the council delay the vote for two months allowing for more time for negotiations to occur which may resolve some of these concerns and issues, as there is a need to thoroughly understand the impacts and implications of the plan amendments. Jim Lamont, Vail Homeowners Association, suggested the notification requirements!be changed to include all adjacent neighbors. Mayor Chapin thanked the public for the comments and closed this part of the hearing. There were brief closing remarks made by the applicant, Mauriello, who spoke about the upcor;ning development process and their willingness to continue to work with stakeholders, as welts as the Director of Community Development, who clarified a few of the plan section changes made from the last meeting as a result of public input. There were some comments made by town council members related to Lot 10, the impacts to Middle Creek and need to continue a review df the area's riparian corridor, and suggestions made to the size of meeting/conference rooms' Town Council Meeting Minutes of December 15, 2015 Page 3 Foley moved to table Resolution No. 38 and continue the public hearing until January 5, 2016. Langmaid seconded the motion and it passed (4-3; Chapin, Foley, Langmaid, Mason + yes; Bruno, Cleveland, Moffet — no). The Town Attorney reminded the members that no discussion about this matter should be held outside the hearing. The eighth item on the agenda was Resolution No. 37, Series of 2015, a Resolution allowing for an administrative extension to the approval for the Cornerstone Residences Approved Development Plan which is set to expire June 1, 2016, and setting forth details in regaj d thereto, as presented by George Ruther, Director of Community Development. It was noted on that on February 16, 2010, the Vail Town Council adopted Resolution No. 6, Series of 2010, which allowed for the administrative approval of an eighteen (18) month extension of the approved development plan for four projects. On March 6, 2012, the Vail Town Council adopted Resolution No. 13, Series of 2012, which allowed for an administrative approval of the; approved development plans for four projects to June 1, 2015. On February 17, 2015, the Vail Town Council adopted Resolution No. 5, Series of 2015, which allowed for a one-year administrative extension to the lapse of approval for the Cornerstone Residences Approved Development Plan. This approval is set to lapse on June 1, 2016. He noted the recession was the pause for the delay of the project and their recommendation for approval of one more year as art extension. They are still required to meet all of their obligations including the employee housing requirement. Moffet moved to approve Resolution No. 37, Bruno seconded the motion. Cleveland noted he would vote against the extension because the development plan is almost 10 years old and it would be time for another review by DRB and PEC in light of new ownership and current regulations. Foley also noted he would vote no and also believes the old�r projects must come through the process for another round of review. Dominic Mauriello did point out that the parties purchasing the property just need more time to understand the development plan and requirements. The motion passed (4-3; Bruno, Langmaid, Mason, Moffet — yes; Cleveland, Foley, Chapin — no). The ninth item on the agenda was the Appeal of the Design Review Board's decision "Ion Simba Run Condominiums' application for an exterior alteration (DRB150454), an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on October 21, 2015, approving a dehumidifier, associated condenser and screen wall at the Simba Run Condominiums, located at 1100 North Frontage Road \Iyest/Lots 6-10, Block C, Lion's Ridge Subdivision, and setting forth details in regard thereto. It Was noted due to a scheduling conflict with the Simba Run Homeowner's Annual Meeting, resulting in the applicant, the applicant's representative and the appellant being unable to attend the Town Council meeting, staff recommended continuing the public hearing to consider the ab ve referenced appeal to the council's regular meeting schedule on January 5, 2016. Mo et moved to continue the hearing until January 5, 2016; Bruno seconded the motion and it pass, d (7-0). The tenth item on the agenda was adjournment. There being no further business to 4ome before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed unanimously, (7-0) and the meeting adjourned 8:40 p.m. Town Council Meeting Minutes of December 15, 2015 Page 4 �..4 e., S ji''AL ; Respectfully Submitted, • see • -el� f. 9 IM Attest: Town Council Meeting Minutes of December 15, 2015 Page 5