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HomeMy WebLinkAbout2016 Vail Town Council Minutes Vail Town Council Meeting Minutes Tuesday, January 5, 2016 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 Tern 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 during the evening meeting was Citizen Participation with comments as follows: Jonathan Levine, Hummers of Vail, expressed concern about the following: 1) Vail Transportation Ordinance 2) Business relations with the Vail Police Department 3) The URB operations He requested that a meeting be convened with the stakeholders, operators and business community, to review the current ordinance and requested a review by the town council. It was noted that the town attorney is currently reviewing the ordinance and the PUC ha$ recently released some regulations. The Town Manager informed the council that a policy around transportation services has been implemented and is working successfully; he expressed concern that there continues to be negative comments about the Vail Police Department related to this topic. Michael Cacioppo expressed appreciation to the council and staff for answering some questions by Mr. Levine, and he is unsure the PEC regulations supersede a home rule munibipality's ordinances. The second item of business was the Consent Agenda as follows: 1) Minutes from December 1, 2015 meeting Moffet moved to approve the meetings; Foley seconded the motion and it passed (7-0). 2) Minutes from December 15, 2015 meeting Moffet moved to approve the meetings; Foley seconded the motion and it passed I(7-0). 3) Resolution No. 1, Series of 2016, a Resolution Approving the Amendment to the Development Agreement Between the Town of Vail and Lion's Ridge Apartment Homes, LLC; and Setting Forth Details in Regard Thereto Foley noted the extension was until May 1 2016 and moved to approve Resolution No. 1, Series of 2016; Moffet seconded the motion and it passed (7-0). Town Council Meeting Minutes of January 5,2016 Page 1 The third item on the evening agenda was the Town Manager's Report at which time there was mention 1) Summit County Tour of Affordable Housing Properties and Special Council Meeting to discuss Chamonix Housing Project set for January 12, 2016 at 6 pm. Zemler noted the tour would begin mid morning with a follow up evening special council meeting focused on the discussion about what market to serve by the Chamonix housing project. The fourth item of business during the evening meeting was consideration of 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, screen wall and landscaping at the Simba Run Condominiums, located at 1100 North Frontage Road West/Lots 6- 10, Block C, Lion's Ridge Subdivision, and setting forth details regard thereto. (DRB150454). Background information from the council memo noted the Town Council was to answer the question: Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10, Design Review Standards and Guidelines properly applied in the decision to allow for an exterior alteration for a dehumidifier, associated condenser, screen wall and landscaping at the Simba Run Condominiums, located at 1100 North Frontage Road West? And thel decision to be made was pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town 1i5/2016 Council shall uphold, uphold with modifications, or overturn the Design Review Board's October 21, 2015, decision. Additional detail was presented in the council memo. Jonathan Spence, Planner, was present to answer any questions. Mayor Chapin opened the public hearing at this time. Robert Kleinman, resident df Simba Run, presented his case to appeal the decision of the DRB, with information noting several health concerns that could result from the installation of a dehumidifier at this Simba Ruh property so close to the residents. His letter stated the following decisions made were to be appealed: The approval of the project referenced as DRB 150388, Simba Run condominiumswimming pool building humidity mitigation project, consisting of: ✓ The installation of large above-ground commercial "desert aire" dehumidification systems and condensers; ✓ The construction of surrounding and adjacent walls, screens, roofing and gates; ✓ The installation of hydronic piping, refrigerant piping, condensate piping and natural gas piping; ✓ Construction of all other related and incidental structures and components; and ✓ The proposed regrading of existing land and removal of mature trees. Kleinman spent some time sharing his concerns about the potential health hazards of Legionnaires' disease which could be a result of moving the dehumidifier. Jack Hunn, owner's rep for Simba Run, presented the application for the installati ns noting they were trying to reconcile the pool's humid atmosphere with the impacts to the buildings, which consisted of a great deal of rusting around the building. The conditions resulted in impacts to the inside an area of the buildings, and the intent was to try to mitigate this from continuing to occur. There have been several locations suggested for housing theequipment, two of which have already been approved by DRB, and with much review and resach, the first location is now being considered. He also addressed the decibel noise level proposed to be generated by the equipment which was not to the levels suggested by the appellate. Town Council Meeting Minutes of January 5,2016 Page 2 Brad Corrigon, newly elected board member of Simba Run and owner since 2004; shared that he is also in the process of reviewing information about the dehumidifying solution. He noted that their earlier site tour showed them a site that is not feasible and he would like,to defer any further review until the Association has made a final decision about the "right" locajtion. His suggestion is to allow Simba Run representatives the ability to continue the study of the matter. Town Attorney Matt Mire reminded the Council their role is only to consider whether or not DRB made their decision in error. He informed council that public input could be heard,as well. William Pierce, member of technical committee for Simba Run, informed them the' are continuing to look for the best location. Charlie Calcaterra, resident and board member Simba Run, expressed questions about "why" they are here and "what" is being reviewed. Spence noted they were not here to review the project application again, but rather noted the context of the appeal process was to review the decision made by the DRB. There were several discussion items noted (from the memo) that suggested the project was incompatible with the Code. Chapin closed the public hearing at this time. It was suggested the town council's task was narrow in scope and much of the material presented was not germane to their decision. Moffet moved to uphold the determination of the Design Review Board's decision and finds that the Vail Town Code was properly applied in regard to the October 21, 2015 Design Review Board approval of DRB150454. Furthermore, the project consisting of a dehumidifier, associated condenser, screen wall and landscaping at the Simba Run Condominiums, located at 1100 North Frontage Road West/Lots 6- 10, Block C, Lion's Ridge Subdivision, is consistent with Title 14, Development Standards, of the Vail Town Code. Cleveland seconded the motion and commented that he supported Moffet's comments and the role of DRB is aeOhetic in nature and all operational aspects are not for the council's review. The motion passed (7-0). The fifth 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 Chapterl5 of the Lionshead Redevelopment Master Plan, and setting forth details in regard thereto; The applicant, Evergreen Lodge at Vail, represented by the Mauriello Planning Group,',requested a public hearing with the Vail Town Council to present recommended amendments to Chapter 5, Detailed Plan Recommendations, subsection 5.19, Evergreen Lodge at Vail, of the Lionshead Redevelopment Master Plan. The four purposes of the amendments are to: 1. Clearly identify and articulate the desired outcomes of a future redevelopment Of the Evergreen Lodge at Vail property, 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 of the Evergreen Lodge at Vail site. The requested amendments are as reflected in Resolution No. 38, Series of 2015, 1/5/2016 Mayor Chapin reopened the public hearing which was continued from the last meeting, December 15, 2015. George Ruther, Director of Community Development presented the resolution and Lionshead master plan amendment with some technical clarifications about what changed from the last meeting, sections 5.19.3 (minimum live beds), 5.19.4 (requirement for reports related to stream health), 5.19.5 (references to Lot 10 removed). He note1 two letters were received, one from Vail International Condominium Association, and one from Mauriello Planning Group on behalf of the applicant, the Evergreen Lodge, in response to the VI letter. Staff presented their effort in addressing concerns was to refine the language to include broader Town Council Meeting Minutes of January 5,2016 Page 3 references to the concerns of both parties rather than trying to solve their concerns. Dominic Mauriello, representing the applicant the Evergreen Lodge, spoke about supporting most of the changes and referenced his letter submitted that addressed the concerns from Vail International residents. Chapin opened the public comment and several persons spoke: Rick Pylman, representing Vail International, noting some concerns have beer] addressed but some of not which is why they've submitted their specific language proposals in the letter. Gwen Scapello, resident, expressed her concern about the language referenc ng Lot 10, i.e. why a pedestrian connection between Frontage Road and West Meadow Drive, and suggested further attention be given to 5.19.4 and 5.19.5. She requested the town reconsider the references to the connections and do not allow for any structures on Lot 10. Tom Braun and Jim Wear, representing Vail Valley Medical Center, expressed support for the adoption of the Lionshead Master Plan and supported formalizing the landi,exchange between Evergreen Lodge and WMC. He requested town council support of the amendment to move this partnership in the land exchange forward. He also mentioned that the development review process would be the venue for resolving some of the other concerns. Chapin closed public hearing. Ruther reminded them their consideration is about the amendment only and not the the proposed development plan and the PEC recommended approval of the amendment after four hearings. It was noted the effective date language takes into account the land exchange process, section below: This Resolution shall become effective upon the date that the land exchange subdivisi n amendment (the"resubdivision map")with the Vail Valley Medical Center is duly recorded at the O ice of the Clerk and Recorder of Eagle County, Colorado. The condition approval of this Resolu on shall expire on December 31, 2020 (the "expiration date") unless the resubdivision map is recorde as required prior to the expiration date. There were some concerns expressed about Title 12 not living up to certain standards for protecting the riparian corridor and the need to revise some of the code sections. It was noted if that would occur, the timing would impede the ability of this project to move forwarf d. There was further discussion about pedestrian access and references to Lot 10, specifically I nguage in 5.19.1 and 5.19.5. There was agreement to striking any references to Lot 10. M et moved to approve Resolution No. 38, Series of 2015, a Resolution amending the Lionshea Redevelopment Master Plan to amend detailed plan recommendations for future evelopment 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. Bruno seconded the motion. The motion passed (6-1; Cleveland — no). The sixth item on the agenda was Ordinance No. 1, Series of 2016, Ordinance Arf Wending the Definition of Short-Term Rental in the Vail Town Code. Matt Mire, Town Attorney, noted that Section 12-2-2 of the Vail Town Code defines a short-term rental as a rental for a period of time not exceeding 31 days and Section 4-1-2 of the Vail Town Code defines short-term rental as a rental for a period of time not exceeding 30 days. He suggests consideration of this ordinance in an effort to amend Section 12-2-2 to ensure consistency in the Vail Town Code Moffet moved to approve Ordinance No. 1, Series of 2016; Foley seconded the motio ant it passed (7-0). i Town Council Meeting Minutes of January 5,2016 Page 4 The seventh item on the agenda was first reading of Ordinance No. 2, Series of 016, an Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, Pursuant to ection 12-3-7, Amendment, Vail Town Code, to allow for Religious Institutions as a Conditional se in all zone districts except the Heavy Service (HS) District; Outdoor Recreation (OR); Natural Area Preservation (NAP); Hillside Residential (HR); Single Family Residential (SFR); T vo-Family Residential (R) ; Two-Family Primary/Secondary (PS); Housing (H); Vail Village TOwnhomes (VVT); and Arterial Business (ABD); amending the definition of Religious Institutiohs, and setting forth details in regard thereto. Chris Neubecker, Planning Manager, presented purposes of this ordinance which are to: • Provide more zone districts in town where Religious Institutions may be located • Expand community infrastructure that supports cultural opportunities • Clarify the definition of Religious Institutions to include the incidental and • secondary uses that customarily accompany Religious Institutions • Bring the Town's Zoning Regulations into greater conformance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). He noted the ordinance was drafted in response to a request and after it was discovered the lack of zoning districts that allow Religious Institutions. In reviewing applicable federal laws, the Department determined that this issue extended beyond the commercial zone disricts and needed greater attention. It was also their intent to draft an ordinance that would ring the Town's Zoning Regulations into greater conformance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). He clarified this was not a rezoning but rather it was adding text to the zoning code related to religious institutions; he presented a map that showed the zone districts proposed to allow for religious institution. It was also noted the town's regulations are consistent with uses of meeting rooms and conference spaces as there are currently four of these areas in use. It was requested the list that reflects the zon districts that allows the religious institutions be presented next time as well. Moffet moved to a prove Ordinance No. 2, Series of 2016; Bruno seconded the motion. Public comments ere invited and Michael Cacioppo supported granting more religious opportunities throughout the town with comments that addressed constitutional rights, and that no local government can imit the ability of religious institutions to practice. The motion passed on first reading (7-0). The eighth item on the agenda was the update on the East Vail Fire Station Ren•vation, Budget and Design as presented by Mark Novak, Fire Chief, and John King, Facil ties Manager. They noted in August 2015, town council authorized the Town Manager to enter i to an agreement with Pierce Architects to complete conceptual and schematic design f.r the for the renovation of the East Vail Fire Station. This phase of the design has been comp!:ted and has resulted in an updated budget for the project. To move forward with the project, C•uncil will need to direct staff to supplement the project budget in the March 2016 Suppleme tal and direct the Town Manager to enter into an agreement with Pierce Architects to complete 'he design work, resulting in complete construction documents. An escalation of constructio costs in the valley, the recommendation to address some operational needs with an increase in the footprint of the remodel, the need to move the driveway which is on private property, and t e inclusion of an employee housing unit, were the basis for the budget increase. He noted safe y concerns related to distance around fire trucks and edge of the buildings and storage for th=ir equipment, would be mitigated if these changes could be included. Staff reviewed initial cost- and value engineered the project for some reductions. The construction documents require =(locating $1.5 funding for the construction of the fire station and $400K to build the employee un t. King presented some of the historical information related to maintenance of the 35 yea s old building, which have been nominal. Some details of the EHU were presented, 1) inclusion bf an outside 1 Town Council Meeting Minutes of January 5,2016 Page 5 1 entry, 2) per square foot cost estimated at $200, and 3) no elevator required. Thre was council support to finish the design work and obtain bids on the project at which time they would then review the project again for costs and appropriations. Moffet moved to authorize he Town Manager to enter into an agreement with Pierce Architects to complete the design work, resulting in complete construction documents; Bruno seconded the motion and it �assed (7-0). The ninth item of business on the evening's 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 8:15 p.m. Respectfully Sub i ed, AAttest: _, i A , gave Chapin, ayor . ( --7 , Patty 4 y, Tow. e _ � •. :< , SEAL • • Town Council Meeting Minutes of January 5,2016 Page 6 Vail Town Council Special Meeting Minutes Tuesday, January 12, 2106 10:30 A.M. Vail Town Council Chambers The special meeting of the Vail Town Council was called to order at approximately 10:30 A.M. by Mayor Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern Dick Cleveland Kevin Foley Kim Langmaid Greg Moffet Jen Mason (present for Summit Count Tour; absent for special meeting) Staff members present: Stan Zemler Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk The first item on the agenda was the Summit County Tour of Affordable Housing Properties in the towns of Breckenridge and Frisco. The Town Council visited the Valley Brook Neighborhood, located at 1100 Airport Road in Breckenridge and the Peak One Ne ghborhood, located at 257 Belford Street in Frisco for the first part of the meeting. The Vail Town Council held a follow up evening meeting at the Council Chambers e't 6:00 pm; Mayor Chapin reconvened the special council meeting noting that all council members were present except for Jen Mason. The second item on the agenda was the discussion with the Vail Town Council to clarify the vision for the Chamonix development and determine the target market of the future homeowners at Chamonix. Mayor Chapin noted the purpose of tonight's meeting was to seek clarification from the Town Council on a vision for future housing development in Chamonix neighborhood in West Vail and to determine the target market of the future homeowners. The Director of Community Development George Ruther and Vail Housing Manager Alan Nazzaro took a few inutes to provide council with a quick overview of 1)the existing deed restriction housing inv ntory, 2)the gap and affordability faced by respective homeowners, 3)the results of three mark t studies and 4)an overview of the strategic efforts that have been done today to make affor able housing on the Chamonix site a reality. It was explained the Affordability Gap is de fined as the difference between the price the average household can afford to pay for a home a d the median price of the housing market. A typical family would need to earn more than three times their current income to be able to afford the typical free market home in Vail. An an lysis was done on Area Median Income (AMI) and affordability. The amount of subsidies req ired to make units affordable in Vail would range from $28,500 per unit for a 615 square fo t unit to $220,000 for a 1,800 square foot unit. They noted the market studies recommende focusing on wide range of buyers creating diversity and variety within the project, size of unit and types Special Town Council Meeting Minutes of January 12,2016 of units, affordability and who the buyer is going to be, the desirability and market ability. The Chamonix Master Plan and the strategic efforts focused on: • 100% of the homes deed-restricted, for sale housing • Variety of units and size • Families • 60%-120% AMI and up to 140% • Neighborhood block scheme • New sidewalk and one story of height along Chamonix Road Will Henshell with 359 Designs presented three studies which balanced out the master plan: a high density study, medium density study and a lower density study. The high density had 71 units and up; the medium density 68 units; and the lower density is 47-50 units. All three studies would be made up of a mixture of 3-story and 2-story buildings and fit within the master plan. Council reviewed and answered the questions within the community developrjnent memorandum concerning place and people of Chamonix. Highlights from the discussion about a vision for the development included such components as: ✓ Open Space ✓ Garage/Storage ✓ Families ✓ High quality of life ✓ Larger Units Highlight from their discussion about"What is the character of the neighborhood and of the buildings?" included: ✓ Townhome, duplex ✓ Parking ✓ Open green space to connect with people ✓ Private space Highlights from their discussion about "What do you see happening within the Chanhonix neighborhood in 5 years? 15 years? 25 years? included: ✓ Mobility within the units—people could move from larger to smaller units and not have to leave the neighborhood Highlights from their discussion about"How is the Chamonix neighborhood integrat d into the surrounding area? The community?" included: ✓ Vitality and mirroring the current neighborhood ✓ Families attending Red Sandstone Elementary ✓ Multi-generational ✓ Future community leaders Highlights from their discussion about"What community opportunities or issues arelibeing addressed or solved as a result of people living with the Chamonix neighborhood? What role does the Chamonix neighborhood play in addressing or solved as a result of people living within the Chamonix neighborhood?" included: ✓ Employee housing ✓ Group of employees who currently cannot afford to live here with their families Special Town Council Meeting Minutes of January 12,2016 Highlights from their discussion about"What do you want people to say about the Chamonix neighborhood once completed?" included: ✓ It made our community stronger ✓ Looks good —architecture quality Highlights from their discussion about "What is the target market for the development at the Chamonix neighborhood? and Who do you see living in the Chamonix neighborho d?" included: ✓ Demand across the valley ✓ "Missing middle"—doctors, hotel managers, nurses, attorneys, teachers ✓ People who work in Vail have a greater chance to own ✓ Bring people back And finally comments to the following questions were provided: Where do the future owners within the Chamonix neighborhood currently reside? ✓ In Vail Where are the future owners primarily employed in Vail? Down Valley? Both? ✓ In Vail What are their likely occupations? ✓ Hotel Managers, Doctors, mix of community Are they primarily employed full time? Part time? Seasonal? ✓ Full time Mayor Chapin opened the discussion for public comments. • Brian Rodine was looking for housing continuity. He would also like to have ample storage. • Ellen Katz has lived here 15 years and thinks Chamonix is great! Her children currently attend Red Sandstone Elementary, but they live in Edwards. Katz felt this woul:1 be a great opportunity for families. • Elyse Howard thinks it's a great opportunity and hopes there will be a wide range of incomes considered. • Herman Staufer suggested building as many units as possible, then sell units lock to the businesses to be used as employee housing. • Nina Landes lives and works in Vail and wants to stay in Vail. She was a disappointed to hear the council is only considering families for the Chamonix development. Public comment closed. Council thanked the citizens for coming to the meeting. The third item on the agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed unanimously, (6-0) and the meeting adjourned 8:00 p.m. ully S •m' =' , Att- 1100 : � II •ave Chapin, M. o v W Ta- my Na.-', Deputy To Clerk Special Town Council Meeting Minutes of January 12,2016 Vail Town Council Meeting Minutes Tuesday, January 19, 2016 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: Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Absent: Dave Chapin, Mayor Stan Zemler, Town Manager • Staff members present Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business during the evening meeting was Citizen Participation with comments as follows: Red Sandstone School PTA representative invited council members to Eagle County School District meeting at the school for a town meeting to discuss the future of the school. Foley, Mason and Bruno offered to attend. Penny Turilli, resident, spoke about her concern with the Vail Recreation District's rate for drop- in gymnastics program. As a Board member, Foley noted he would raise the concern at a VRD meeting on her behalf. The second item of business was the PEC and DRB meeting update presented by Chris Neubecker, Planning Manager. There were some questions about the Cascade property and converting tennis to parking per the PEC minutes; it was noted the town council would be able to review an application in the future. There were no call ups. The third item considered was the information updates, no comments were made at this time. The fourth item on the evening agenda was matters from the mayor, council and committee reports as follows: • Cleveland reported on the ECO trails retreat noting a request for increased funding for trails, and his upcoming attendance at VLMDAC meeting. • Mason reported on input received about a recent hockey tournament at Dobson and lack of available parking; she complimented streets department on great snow removal efforts. • Langmaid commended streets department as well, still concerned about snow plowing impacts on the creeks and how the water quality plan will address the topic. She suggested using a tips line as a way to collect input about concerns for Gore Creek. Town Council Meeting Minutes of January 19,2016 Page 1 • Foley reported on the ECO transit retreat noting his request for 2:00 a.m. buses and request to see City Market lease in hopes of getting both City Market and Vail Commons owners engage in some dialogue. He noted a request for half court basketball at Stephens Park and noted Jan 28 meeting at Red Sandstone. • Moffet commented on snow removal efforts and private vendors plowing and storing snow, requested information about skier numbers and Frontage Road parking numbers during the past weekend, and noted many have contact him about Chamonix project. • Bruno requested input about VRI's early closing of April 10th; she noted a need to possibly extend the season and increase the season end festivities. There was support from the majority to request staff to review this further and come back with some suggestions. The fifth item on the agenda was the Consent Agenda as follows: 1) Resolution No. 2, Series of 2016, A Resolution Approving the First Amendment to the Memorandum of Understanding Between the Town of Vail and Pitkin County for Shared Emergency Dispatch Service Staffing; and Setting Forth Details in Regard Thereto After clarification from Human Resources Director was made about the payment arrangement between Vail and Pitkin County for reimbursement of full charges, a motion was made by Moffet to approve Resolution No. 2; Foley seconded the motion and it passed (6-0). 2) Resolution No. 3, Series of 2016, Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 3; Foley seconded the motion and it passed (6-0). 3) Resolution No. 4, Series of 2016, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and Loveland Fire Rescue Authority for the Provision of Training; and Setting Forth Details in Regard Thereto. Moffet moved to approve Resolution No. 4; Foley seconded the motion and it passed (6-0). Fire Chief summarized the details of the program. The sixth item on the agenda was the Town Manager's Report at which time there was brief discussion about the following two topics: 1) Town of Vail Annual Community Meeting: March 8, Donovan Pavilion; there was unanimous support for the date. 2) Chamonix Development Engineer's Option of Probable Cost (EOPC) Information Memorandum The seventh item on the agenda was discussion about follow up information regarding the Chamonix development options presented on December 15, 2015. Alan Nazzaro, Housing Manager, and Steve Lindstrom, VLHA, addressed many of the questions as follows: ■ Discussion of the history of the Vail Local Housing Authority Steve Lindstrom, VLHA, led the discussion about the history of the Vail Local Housing Authority which is governed by state statutes. He spoke about the backgrounds of authority members as well as what their role has been over the years. He listed several active projects the Authority is engaged in and noted they would submit recommendations for future code amendments related to housing. Allan noted that the packet memo included researched answers to the question listed below: 1. How to ensure that the future developer completes the project to town's expectations under option 4. Town Council Meeting Minutes of January 19,2016 Page 2 2. Discussion of the history of the Vail Local Housing Authority— 3. Detailed information on Development Agreements for Arosa Duplex, Red Sandstone Condominiums, Lion's Ridge Apartments and Middle Creek. 4. What is the correlation of time and timing to risk and level of control. 5. Present meeting notes or important take-aways from TC previous tour of Summit County. There were several aspects discussed about housing in general, including potential funding opportunities, the differing models used in the past to help them accomplish the affordable housing offered in Vail, the need for "quality" with future projects, the need to continue the discussion about pricing, subsidies and funding. Public input was invited at this time. The eighth item on the agenda was an update on the 1-70 Vail Underpass project as presented by Tom Kassmel, Town Engineer. He noted the 1-70 Vail Underpass project was now under contract between CDOT and Kraemer North America with an anticipated start date for major construction of April 4, 2016. Additional public outreach and a Public Open House was anticipated to take place in March. He suggested viewing the town of Vail website for helpful information about the schedule of construction for project, as it is scheduled to happen in phases. He spoke about the construction team and how public information will be compiled and released to the public. Below is a Tentative Project Schedule: Phase I (April -June 2016) The first phase of construction includes construction of the two new bridges for the underpass and requires traffic on 1-70 to utilize the cross-over detours that were constructed this past fall, and for 1-70 to be reduced to single lane traffic in each direction at the project site between April 4 and June 30, 2016. Once this phase is complete, 1-70 traffic should return to normal for the remainder of the project. It will be critical to get an early start on this work in order to avoid the heaviest summer traffic months of July and August. Local residents and guests can avoid 1-70 congestion during this time frame by utilizing the North and South Frontage Roads as traffic flow on the Frontage Roads will not be impacted during this initial phase. Phase II (July-November 2016) The second phase of construction includes lowering the South and North Frontage Roads. This phase will require excavating over 60,000 cubic yards of material and setting the Frontage Roads to their new elevations. This work will require the closing of the Frontage Roads at the work location and detouring Frontage Road traffic on to and adjacent to 1-70. In this phase 1-70 will remain as two lanes in each direction, as well as have one lane of Frontage Road traffic separated by concrete barrier. The North Frontage Road will be limited to west bound traffic only within the limits of construction and the South Frontage Road will be limited to east bound traffic only within the limits of construction during this phase. Local residents and guests can utilize the Frontage Roads as normal except at the project site where the North Frontage Road will be westbound traffic only and the South Frontage Road will be eastbound traffic only; 1-70 can also be used as an alternate between Vail Town Center and West Vail. Phase III (December 2016— March 2017) At the end of the second phase of construction, the Frontage Roads and 1-70 will return to normal traffic patterns. The third phase of construction will consist of minimally impactful work to traffic. On viable winter days the contractor will be excavating beneath the new 1-70 bridges to create the opening for the underpass. This work will be contained within and under 1-70 other than trucks entering and exiting the site onto the Frontage Roads. Phase IV(April— December 2017) The fourth and final phase of construction will be constructing the roundabouts, installing curb and gutter, sidewalk, permanent pavement, landscaping, stone veneer, lighting, and striping. The traffic patterns in order to complete this work will be identical to that in Phase Il. There were some general comments and questions from council addressing the following topics: Town Council Meeting Minutes of January 19,2016 Page 3 ➢ What impacts will be to Red Sandstone Elementary School and how will they get that information? ➢ What safety measures are in place and how will they be enforced? ➢ Who is the primary contact for handling all community input? Who is the local contact? D. What happens to all the bike traffic that uses the frontage road? Staff noted they would follow up on these questions so that the community would be provided the information accurately and timely. There were no public comments at this time. The ninth item on the agenda was an update on the Vail Traffic Impact Fee &Transportation Master Plan as presented by Tom Kassmel, Town Engineer. He noted that it was time to review the 2009 Traffic Impact Fee Nexus Study, discuss codifying a new Traffic Impact Fee, and award a contract to update the Transportation Master Plan to FHU as a next step in completing the analysis of whether or not to increase the impact fee. The last time the town's traffic impact fee was updated was in 2006. Since then much has changed in Vail with regards to construction costs and anticipated future transportation infrastructure needs. Considering this and the resurgence in redevelopment, it is prudent to reassess and update the impact fee and the correlating 2009 Vail Transportation Master Plan. There was a review of a prior presentation given in 2009, addressing some of the components of setting up the program as well as an explanation of what the town is currently assessing: ✓ Why impact fees ✓ Impact fee ground rules ✓ Colorado impact fee act ✓ Vail's current mitigation fee ✓ Road impact fee comparison So in summary, the information was presented in 2009 but there was not a fee codified at that time. Kassmel identified the proposed next steps as 1) reassessing and updating the 2009 Tischler Bise Impact Fee Nexus study, and 2) updated the 2009 Vail Transportation Master Plan. Town staff received a proposal to update our Transportation Master Plan from Felsburg Holt and Ullevig (FHU). FHU has been involved with Vail's traffic master plan efforts since 1990, completed the original Master Plan in 1993, and the 2002 and 2009 updates, as well as completed the design and traffic analysis for the anticipated 1-70 Underpass project. Upon completion of the Transportation Master Plan update, the updated document can then be used by Tischler Bise to update the 2009 Traffic Impact Fee Nexus study. He noted the Town has budgeted $150,000 to complete both studies. ✓ FHU has provided a proposal in the amount of$47,000 to complete the Transportation Master Plan update, the first necessary step in the process. ✓ Staff has also reached out to Tischler Bise recently to provide an estimate for completing an updated Traffic Impact Fee Nexus study, the estimate provided was $50k-$60k. Both well within the 2016 total budget. After some discussion about why it is time to move this process forward, Moffet moved to direct the Town Manager to enter into a contract with FHU to update the 2009 Vail Transportation Master Plan in the amount of$47,000 in a contract form approved by the Town Attorney. Foley seconded the motion and it passed (6-0). The tenth item on the agenda was first reading of Ordinance No. 3, Series of 2016, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning 1/19/2016 of Lots 15-A through 15-E, Garmisch Townhouses, from Two-Family Primary/Secondary District to Medium Density Multiple-Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting Town Council Meeting Minutes of January 19,2016 Page 4 forth details in regard thereto. George Ruther, Director of Community Development, requested, on behalf of the applicant, that the item be tabled until February 2 as the applicant could not make the meeting that evening. Moffet moved to table Ordinance No. 3; Foley seconded the motion and it passed (6-0). The eleventh item on the agenda was second reading of Ordinance No. 2, Series of 2016. An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for Religious Institutions as a Conditional Use in all zone districts except the Heavy Service (HS) District; Outdoor Recreation (OR); Natural Area Preservation (NAP); Hillside Residential (HR); Single Family Residential (SFR); Two-Family Residential (R) ; Two- Family Primary/Secondary (PS); Housing (H); Vail Village Townhomes (VVT); and Arterial Business (ABD); amending the definition of Religious Institutions, and setting forth details in regard thereto. Chris Neubecker, Planning Manager, noted there was nothing new to add to the matter. There were no public comments. Moffet moved to approve Ordinance No. 2, Series of 2016, with support of the PEC findings and recommendations for approval of the ordinance. Cleveland seconded the motion and it passed (6-0). The twelfth item of business on the evening's agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 7:30 p.m. Re •- -'ully b i e., Attest: AllIW. i Ii 4 Irre Chapi Mayor W I Patt nn _ . - - -rk =44N OF``‘I • •9i S SE�j • i I • •• i I % •�i i 14� 0• . ...DO 1'04 0. Town Council Meeting Minutes of January 19,2016 Page 5 e Vail Town Council Meeting Minutes Tuesday, February 2, 2016 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 Tern Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Members absent: Greg Moffet Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business during the evening meeting was Citizen Participation with comments as follows: • Diana Mathias, resident since1980, expressed concern about losing the Cascade tennis courts. She also read a letter on behalf of Mary Sue Katz, resident, that requested the town council get involved with this topic and suggested they address the Special Development District parking requirements. • Joe Langress, resident, expressed his support the tennis courts and suggested the town become partners with other entities owning existing courts, i.e. Vail Racquet Club. • Vicki Keleske, resident, expressed concerns about losing the tennis courts. • Bill Ophir, resident, expressed support of the courts and supported what Diana Mathias expressed. • Billy Suarez, resident & VRD Board member, supported them programming and operating a court if there were one they could manage. • Michael Cacioppo, business owner, spoke about tennis in general, his role in helping to create VRD, and suggested the town consider exploring the idea of finding an indoor tennis court. Zemler, Town Manager, helped clarify the role of the town in this matter and informed the group the new owners really dictate what happens to the tennis court; the town council does not have a say in the matter at this time. He offered to meet with the group in order to share the details of the topic with them. The second item of business was the Consent Agenda as follows: 1) Minutes from January 5, 2016 council meeting 2) Minutes from January 12, 2016 council special meeting Cleveland moved to approve item numbers 1 & 2, meeting minutes; Foley seconded the motion and it passed (6-0). Town Council Meeting Minutes of February 2,2016 Page 1 3) EHU Exchange - 1592 Matterhorn Circle Cleveland asked about VLHA findings as part of the consideration of this topic; Mire, Town Attorney, noted that findings were not necessary. Cleveland move to authorize the Town Manager to execute a deed restriction release and approves 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 2 Timber Vail Subdivision/1592 Matterhorn Circle, in exchange for a fee in lieu payment for 1,000 square feet. Foley seconded the motion and it passed (6-0). Council requested a review of the fees-in-lieu for the EHU Deed Restriction Exchange ordinance be made in the near future because of the current housing demands. The third item on the evening agenda was the Town Manager's Report at which time there were updates as follows: • Follow up discussion and direction about Vail Commons Rent and Percentage Payment Zemler introduced the topic with the request from the homeowners association about their annual land lease payment due the town and request to forego this obligation or dedicate it to a capital fund to be used by their HOA. He noted some background information about the project, the financing, and the current condition of the Vail Commons. There were some options presented, 1) continue to require the payment, 2) forgive the land lease payment obligation which would require finding a "public purpose" to do so, 3) continue requiring the lease payment but instead then earmark the monies for exterior improvements at the Commons. He noted the town has been approached with similar requests in the past. Public input was taken at this time: ✓ Bill Vanguard, HOA President, thanked them for their consideration with support of the third option; the HOA views the funding as their to use on their project. ✓ Bob McKown, Vail Commons homeowner, supported option 3 as well noting the public purpose is the improvements to the property. Town Council feedback included: ✓ Thanks to Town Manager for suggesting options to the HOA request. ✓ Support for using the monies for capital improvements at the property with suggestion to use it for roads & community spaces. ✓ The need to develop criteria to be met before releasing the funds. ✓ Possibly time to review the leases in case other general items would need to be addressed. There were five members in support of directing staff to draft an agreement that would outline such arrangement of using these funds to support capital improvements at Vail Commons. This item would be presented at a future council meeting for further public discussion. • Town Council Retreat Follow up Zemler presented a document outlining the priorities identified by Town Council at a December retreat; there were no changes to the list. The council work plan would be drafted using these priorities and presented at a later date for further review. The fourth item of business during the evening meeting was a review of the aesthetic alternatives developed for the new Bridge Road Structure over Gore Creek as presented by Chad Salli, Project Engineer. Council was asked to either endorse the staff preferred alternative or to provide direction towards one of the other alternatives. Salli noted the Town has received a federal bridge replacement grant to replace the existing Bridge Road structure with a new bridge. The existing structure has had to be closed numerous times over the years for safety concerns as debris has created a blockage in one or multiple culverts and the waters of Gore Creek have overtopped the pavement. The new structure will completely span the creek minimizing the possibility of future overtopping, and provide additional clearance for boaters. Town Council Meeting Minutes of February 2,2016 Page 2 JL S Construction is scheduled for fall 2017. Loris and Associates, contracted by the Town, has developed four aesthetic alternatives for the new structure which were reviewed. Option A: Traditional Bridge rails with focal columns at the bridge abutments. Options B and C: Bridge rails with arch elements taking into consideration the concrete arches around the existing culverts. Option D: An arch span over the creek. There were descriptions made of each option, a review of costs identified with each option, and a review of some of the public suggestions they received. After further discussion, there was agreement for selecting Option B without the arch in an effort to help keep cinders out of Gore Creek. The fifth item on the agenda was a discussion about the suggested enhancement of activities for final week of ski season as presented by Kelli McDonald, Economic Development Manager. She noted at the Council meeting on January 19, 2016, the Town Council requested staff research opportunities for additional activations during the final week of ski season to drive increased overnight guests and vitality. A review was made of the following three suggestions: 1. Spring Back to Vail Concert Addition: 2. Vail Film Festival Enhancements: 3. Retail and Restaurant Promotional Activation: Vail Chamber and Business Association James Diegan, Highline Sports and Entertainment, spoke about concert bookings and related costs. There was some discussion about proposal no. 2, the film festival, with some support to this group for additional funding its programming. There was overall support for one concert on Friday, Film Festival enhancements, and retail / restaurant activation. It was noted funding would be from the reserves and appropriated with the first supplemental budget ordinance. The sixth item on the agenda was second reading of Ordinance No. 1, Series of 2016, An Ordinance Amending the Definition of Short-Term Rental in the Vail Town Code presented by Matt Mire, Town Attorney. Mire noted this item would be withdrawn because it actually involves a text amendment to Code Title 12 and requires PEC review first. The ordinance was formally withdrawn and no action taken. The seventh item on the agenda was first reading of Ordinance No. 3, Series of 2016, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two-Family Primary/Secondary District to Medium Density Multiple-Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. Mire noted the applicant requested this item be tabled to February 16, 2016 meeting. Foley moved to table first reading of Ordinance No. 3 to February 16, 2016 meeting; Bruno seconded the motion and it passed (6-0). Town Council Meeting Minutes of February 2,2016 Page 3 • The eighth item on the agenda was adjournment. There being no further business to come before the council, Foley moved to adjourn the meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned at 7:25 p.m. - pec, ully ku., A : Attest: 41%6Lahl _A Dave Chapi , Mayor '"----2 traC enn erk Town Council Meeting Minutes of February 2,2016 Page 4 Vail Town Council Meeting Minutes Tuesday, February 16, 2016 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 Tern 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 recognition of Ludwig Kurz, former Vail Town Council Member by Mayor Dave Chapin. Chapin thanked Kurz for his eight years of service to the community; Kurz shared his thoughts about his tenure as a Vail Town Council member. The second item of business was the introductions of San Miguel de Allende Mexico delegation, including the new Mayor of San Miguel de Allende, Ricardo Villarreal Garcia, the new Director of Economic Development, Zonia Torres, and the new Director of Non Profits and Foreign Relations, Teri Kavanagh. The delegation was visiting Vail as follow up to the Sisterhood Agreement executed on July 16, 2015 to further talk about ideas for programming that would support cultural exchanges and promote tourism across resort communities. The third item of business was Citizen Participation with comments as follows: Michael Cacioppo commended Suzanne Silverthorn's communications work with the Town of Vail as the Communications Director; he noted her continuous efforts to inform the public of town business is outstanding; especially the tweeting and arrangement with Channel 5 for the live streaming of the meeting. He also expressed his support of legislation to not allow drones in the Town of Vail and opposed their earlier afternoon decision not to take public input during the initial discussions about the topic. Mike Imhof, President and CEO, Vail Valley Foundation, on behalf of Harry Frampton, Chairman VVF, expressed their thanks to the Town of Vail, and specifically the town's support of funding for the Gerald R. Ford Amphitheater capital improvements, with their loan on the project. He presented the town with a check for early repayment of the loan in the amount of$1,122,198, again thanking the town for their longstanding partnership. Ellen Miller expressed her thoughts about the Vail Trail and asked the town to be thoughtful with decisions that would change the precious elegant graceful walking trail! Town Council Meeting Minutes of February 16,2016 Page 1 Jeanne Reid, Bravo! Vail, introduced Jennifer Teisinger as the new Executive Director for their organization. Ms. Teisinger shared some comments about her new position and the upcoming season. Jonathan Levine, Hummers of Vail, suggested the town council postpone their discussion about the transportation ordinance to a later date since not enough notification was provided to the stakeholders. Tom Vucich, resident, requested the review process for the Vail Trails improvements be slowed down so the entire community has a chance to better understand what is being proposed. It was noted a memo has been provided the community that explains facts about the Vail Trail and proposed changes and planned phases of implementation and an open house would be held for the community on February 29, 2016. The fourth item of business was the Consent Agenda as follows: 1. Minutes from January 19, 2016 council meeting Moffet moved to approve the minutes; Bruno seconded the motion and it passed (7-0). The fifth item on the agenda was the Town Manager's Report at which time there was mention made of the upcoming annual community meeting taking place on March 8th at the Donovan Pavilion. The sixth item of business was a presentation about the Buyer Profile developed from the data obtained from the Chamonix Neighborhood Buyer Survey and review of a staff recommendation for the approach to developing the Chamonix Neighborhood. Alan Nazzaro, Housing Manager, summarized the results of the open house and survey. The results of the survey were compiled and it was noted on December 15, 2015, the Town staff presented four options for approaching the development of the Chamonix Neighborhood. At this time there was preference shown towards a public/private partnership in developing the Chamonix Neighborhood. Concern was noted about the need to avoid setting up a housing program that would award housing based on income level and to be wary of using the public-private partnership approach to developing the project. Michael Cacioppo commented during public input with questions addressing the amount of subsidy that would be required and estimated appreciation of the units. Moffet moved to support the public/private partnership development approach; Langmaid seconded the motion and it passed (7-0). Additional support was stated with comments as follows, 1) the project must keep moving forward, 2) high quality is a must, 3) must move towards understanding the "real" costs to build, and 4) be aggressive with the schedule. The Community Development staff, lead by George Ruther and Alan Nazzaro, was commended on their successful open house, the outcome with the survey results, and their presentations outlining the options, outline for decisions and next steps, and proposed schedule for the project. The seventh item on the agenda was first reading of Ordinance No. 3, Series of 2016, an ordinance for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of Lots 15-A through 15-E, Garmisch Townhouses, from Two-Family Primary/Secondary District to Medium Density Multiple-Family District, located at 2308 Garmisch Drive, Lot 15, Block G, Vail das Schone Filing 2, and setting forth details in regard thereto. Cleveland called for a point of order on this topic. Planning Manager Chris Neubecker noted this agenda item was withdrawn due to several posting notice issues and referred back to PEC. Town Council Meeting Minutes of February 16,2016 Page 2 The eighth item on the agenda was the Vail Transportation Ordinance update with a review of the current status of the system and permitting of transportation services presented by Dwight Henninger, Police Chief, and Cliff Hinson, Colorado Department of Regulatory Affairs, Public Utilities Commission. An overview of the changing environment in transportation services was presented, with a note that 56 commercial transportation companies are operating in Vail, for a total of 419 vehicles. Henninger noted in 2013 the Council passed Ordinance 7-10 Commercial Transportation Regulations and with the advent of Transportation Network Companies such as Uber and Lyft and in increase in the use of courtesy cars by hotels on bus routes, there may be a need to make minor changes to the existing ordinance. There was a review of the complaints the PUC received as having been reduced in recent years as the state's enforcement became more active. There were some suggestions made by staff moving forward: ✓ Review trends on number of permits issued, especially the number of hotel vehicles ✓ Review need for and possible locations for skier drop off and whether existing locations are successful ✓ Increase public outreach about Lionshead Parking Structure skier drop off location ✓ Review areas where local ordinance conflicts with state law regulations the transportation network companies Hinson spoke in detail about their regulation efforts in permitting and enforcement of the differing transportation services, the PUC budget constraints and recent ability to increase their staffing. He noted some challenges in regulating the different services, i.e. taxis, limousines, and TNC vehicles. He explained the PUC staff works closely with law enforcement agencies as well. The question for Vail is about what changes to their current regulations would be in order. Page three (3) of the council memo outlined the applicability of the Town's current ordinance to that of the PUC regulations. Public input was taken at this time and Michael Cacioppo, owner Business Briefs newspaper, expressed concern about the notice given to the transportation services community and quested if the council should be acting on this topic tonight. He requested they table any action and have further discussions with another review in April. Mire asked council members if there was enough support to move forward the modifications to the ordinance outlined in the memo and addressing the Transportation Network companies; there were four members in support of drafting an ordinance with some of the changes discussed. The ninth item of business was a review of the Solar Crest Condominiums'trash/recycle structure as presented by Tom Kassmel, Town Engineer. The council was asked to either approve or deny the request by Solar Crest Condominium Association to proceed through the approval process to maintain a newly built trash/recycle structure within the Town Right of Way. Kassmel presented some background on the matter in that the Solar Crest Condominium Association, located at 1400 Lions Ridge Loop, illegally constructed a 150 square foot trash/recycle structure this past fall within the town's Right of Way (ROW) along Lions Ridge Loop. He noted the town does not allow private structures to be built within town ROW so now the HOA is requesting to proceed through the Town review process maintaining the structure within the ROW. Kassmel noted they do not recommend the illegal structure remain in the ROW and that it should be placed on Solar Crest's own property. Michael Letourneau, representing Solar Crest, was present to explain the details and address any questions. There was some discussion about DRB or PEC becoming the review board. It was also noted there are probably 30 other properties that might consider this avenue to resolving some of their similar issues. Again, it was reiterated that Solar crest can not move forward unless the town agrees to serve as the applicant. Foley moved to approve the request to proceed through the process; Langmaid seconded the motion and it passed (5-2; Moffet and Cleveland no). Town Council Meeting Minutes of February 16,2016 Page 3 The tenth item of business on the evening's 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 8:25 p.m. Re • u , bmi ig II r IIAttest: __ ,i A ^*a Chapin, ay.r - ' ,...N.\,4 \ 'att 'enny, Towlt erk "•"• qi� 41111 • • �►,OS �.. sEAL • ' � , . • II •••....•••r` Town Council Meeting Minutes of February 16,2016 Page 4 Vail Town Council Meeting Minutes Tuesday, March 1, 2016 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 Jen Mason Greg Moffet Members absent: Kim Langmaid Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk Mayor Chapin reminded the community about the town's annual community meeting scheduled for March 8 and the Burton US Open Championships occurring this week in Vail. He encouraged and invited everyone to attend these events. The first item of business was Proclamation No. 1, Series of 2016, One Book, One Valley Community Reading Program presented by Lori Barnes, Vail Public Library, a proclamation which gives support for the communitywide reading program One Book, One Valley 2016. The proclamation was read and Moffet moved to approve Proclamation No. 1, Series of 2016; Foley seconded the motion and it passed (6-0). The second item on the agenda was Citizen Participation with comments from Reggie O'Brien representing Bald Mountain Townhomes making inquiries about the easement in order to complete the berm. She noted their homeowners are very anxious to have CDOT complete this project and asked for town support as well. Taylor Gardarian, local resident of Eagle-Vail, commented on his progress made with discussions about his gondola idea. The third item of business was the appointments to the Design Review Board. Moffet moved to appoint Andy Forst!, Rollie Kjesbo and Bill Pierce to the DRB; Cleveland seconded the motion and it passed (6-0). Foley thanked the new members for all their years of service The fourth item of business was the Consent Agenda as follows: 1. Minutes from February 2, 2016 council meeting It was noted that only six members were present instead of seven which was indicated in the minutes at adjournment. Foley moved to approve the February 2, 2016 minutes; Cleveland seconded and the motion passed (Moffet abstained; 5-0). 2. Minutes from February 16, 2016 council meeting Moffet moved to approve the February 16, 2016 minutes; Foley seconded the motion and it passed (6-0). Town Council Meeting Minutes of March 1,2016 Page 1 3. Chamonix Residential Development - Infrastructure Contract Award Moffet noted that Old Castle should be the contractor and not Elam as noted in the memo. There was some discussion about the cost differentiations between the proposals and assurances that the work done will only be that which was included in the design. Community Development Director George Ruther confirmed that would be the case and detailed some of the improvements slated to begin. Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Old Castle to complete the Chamonix Residential Development project in the amount not to exceed $599,342.40; Cleveland seconded the motion and it passed (6-0). 4. 2016 Overlay Contract Award Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Old Castle to complete the 2016 Vail Overlay Project in the amount not to exceed $433,262.00; Bruno seconded the motion and it passed (6-0). 5. Resolution No. 5, Series of 2016, Designating Public Posting It was noted Resolution No. 5 was not included in the packet for consideration. Town Clerk Patty McKenny explained the Vail Municipal Building serves as the only official posting notice location, with bulletin boards at both entrances to the building. The town's website is also used for posting many public notices and materials. The resolution passed (6-0). The fifth item on the agenda was the Town Manager's Report; there were no items reported on at this time. The sixth item of business was Resolution No. 6, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Creating A Partnership as Part of the Plan4Health Grant and Setting Forth Details in Regard Thereto. Mark Hoblitzell, Environmental Sustainability Coordinator and Kris Valdez Planner, Eagle County presented the intergovernmental agreement (IGA) with Eagle County to support efforts associated with the Plan4health grant. A brief slideshow was presented addressing primary healthy activities and examples. It was noted that in return for assistance with grant programs, the Town of Vail would receive a $5,000 distribution of grant funds and a review of the town's policies in support of healthy eating and active living identifying strengths and opportunities for the Town of Vail. It was also mentioned the town may be asked to provide staff time for document searches, stakeholder meetings, and program review moving forward. Some Council members expressed concerns about the intent of the programming and inquired about"who" would be making these decisions about the programming. Foley moved to approve Resolution No. 6, Series of 2016, reading the entire resolution into the record. Bruno seconded the motion. Public comment was invited; no public comment was made. The motion passed (6-0). The seventh item on the agenda was a presentation about"Restore the Gore; Gore Creek Water Quality Strategic Plan", with a discussion of high priority actions and budgetary planning associated with the plan, as presented by Kristen Bertuglia, Environmental Sustainability Manager. She noted at the February 2nd session of the Vail Town Council, staff presented the background and causes of decline of Gore Creek, and the overall Plan to address the lack of aquatic life for which Gore Creek is listed on the 303(d) list of impaired waters. The presentation addressed many topics with some time spent on the "high priority plan actions", (identified in the worksheet), and the budget proposal for implementation of the plan. She noted Town Council Meeting Minutes of March 1,2016 Page 2 some of the items are already being addressed and grant results would not be known until late spring. The plan would also be reviewed on March 15 with further detail about priority actions and a more developed budget. She noted there were many groups involved throughout the entire process, thanking them. There were some questions about the temporary position that has been created in order to oversee some of the programming of this plan. There was some suggestion to include our community, i.e. non profit groups, in efforts that would also speak to the plan implementation. There were other council comments as follows: ✓ Must review the plan periodically/annually ✓ What happens if the town does not get grant funding ✓ Develop metrics that show the plan implementation is successful ✓ Outreach to other community stakeholders for funding Chapin asked for any public input on the topic with comments given as follows: • Taylor Gardarian, local Eagle-Vail resident, thanked those who participated and council for supporting such programming • Diane Johnson, ERWSD and Vail resident, expressed support of the process and the plan and products, and the relationships that exist between the agencies and the community. • Eric Perkins, local fisherman, spoke about some of the issues he has seen occur over the years, as well as expressed support for the plan and all those involved. He also thanked the town for their efforts. The eighth item on the agenda was Vail Golf and Nordic Clubhouse Remodel Project Construction Update as presented by Stan Zemler, Town Manager and NV5, owner representative. Others involved in the project are Zehren and Associates who provide the architectural design, and Evans Chaffee Construction Group, who provide Construction Manager/General Contracting Services. Zemler presented a construction budget update and asked for direction on their request to include an additional $651,241 to finish the Vail Golf and Nordic Clubhouse project. Staff recommended supplementing the remaining budget from the RETT fund balance noting this would provide up to $175,000 in additional project contingency to complete the project. It was noted any savings at the end of the project would be returned to the RETT Fund. He also suggested this change would become part of the first supplemental budget of 2016 from the recommended funding sources, summary below. 2015 and 2016 Recreation amenity Funds $272,001 Savings from 2105 Golf Course Other Improvements Account $100,783 Energy Enhancement Capital Funds $ 50,000 RETT Fund Balance $228,457 Total Supplemental $651,241 Zemler explained as the project has progressed, project owner risks were exposed, such as poor soils, ground water, unexpected conditions during demolition, and weather related expenses. Additional details about costs overages were presented in a council packet memo from the Town's owner's representative NV5. At this time the project team identified $315,000 worth of overages which will need to be supplemented to complete the project. The project team also recommended that an additional $335,000 be spent to reinstate the interior, operational enhancements and amenity alternates which would complete the project to the level of quality and finish of other Town of Vail projects. Council comments addressed some of the following: ✓ Important to finish the project and now is the time to do it right, the Vail way ✓ Time to tour the construction project ✓ Description of costs related to replacing and repairing the irrigation Town Council Meeting Minutes of March 1,2016 Page 3 ✓ How the weather impacted the costs There was Council consensus to move forward in completing the project as a "legacy project" and to ensure it is one which would be impressive for many years to come. Moffet moved to direct staff to include the requested funding of$651,241 as part of the first 2016 supplemental budget ordinance. Cleveland seconded the motion and it passed (6-0). There were no public comments on this matter. The ninth item of business was a First reading of Ordinance No. 4, Series of 2016, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two-Family Residential (R) and the Two-Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are now nonconforming due to lot size requirements, and setting forth details in regard thereto as presented by Jonathan Spence, Planner. He presented background about this topic, noting that as a result of annexation into the Town of Vail, 35±duplex properties (2 dwelling units on a single development site) have been deemed Legal Nonconforming by the Vail Town Code due to not meeting the minimum lot size for 2 dwelling units. He further noted that as Legal Nonconforming properties, homeowners are unable to utilize any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. The Prescribed Regulation Amendment is proposed to amend the density control section of the Two- Family Residential (R) and the Two-Family Primary/Secondary Residential (PS) Districts by providing an exception to the required minimum lot size for those subject properties. The effect of this language will be to remove the nonconforming designation from the properties, allowing utilization of available GRFA or potential property redevelopment. It was also noted that on February 8, 2016, the Planning and Environmental Commission recommended the Vail Town Council approve Ordinance No. 4, Series of 2016, upon first reading, with a vote of 5-0-0. Chapin invited public input and several members spoke as follows: • Tom Braun, Braun &Associates, spoke on behalf of the property owners, expressing support for the ordinance and what it would enable his property owners to do. • Gene Grace, property owner, provided some history and asked council's support of the ordinance. He thanked community development staff for all their assistance in helping to resolve this complex issue. Moffet moved to approve Ordinance No. 4, on first reading, Ordinance No. 4 Series of 2016, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-6C-8 and 12-6D-8, to provide an exception to the minimum lot size for properties in the Two-Family Residential (R) and the Two-Family Primary/Secondary Residential (PS) Districts that were annexed into the Town of Vail with two dwelling units and are nonconforming due to lot size requirements, and setting forth details in regard thereto with the following findings: ""Based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated February 8, 2016 and the evidence and testimony presented and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and Town Council Meeting Minutes of March 1,2016 Page 4 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Cleveland seconded the motion and it passed (6-0). Foley thanked all those speaking at the PEC meetings, the PEC and staff for their effort in helping the people who live in Vail. The tenth item of business on the evening's agenda was adjournment. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 8:15 p.m. R- •ectf1 Ily bmitt='•, • I. Attest: thiig Dave Ch..in, Mayor Patty ano Cle k ;'gyp N.oo L‘%� • • • ), SEAL • it O•... .•• `�4 ORAO�_ Town Council Meeting Minutes of March 1,2016 Page 5 Vail Town Council Meeting Minutes Tuesday, March 15, 2016 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 Kevin Foley Kim Langmaid Jen Mason Greg Moffet Members absent: Dick Cleveland Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk The first item of business was Citizen Participation with several comments made as follows: • Several Bald Mountain Townhome's property owners were present, Penny Wilson, Reggie O'Brien, to request the town's support in finishing the berm project to help reduce noise in that neighborhood. • Paul Rondeau, Vail resident, welcomed new council members thanking them for a wonderful annual community meeting. He then expressed concern about the overages related to the Golf and Nordic Clubhouse and suggested the town respond to comments written in the Vail Daily news article. There was some information presented by council members about the overages with a reminder that part of them were related to litigation with some of the area property owners. • Taylor Gardarian, Eagle-Vail resident, expressed great support for the community and getting involved. The second item of business was the Consent Agenda as follows: 1. Resolution No. 8, Series of 2016, Resolution approving Intergovernmental Agreement (the "IGA") between the Town of Vail and Eagle River Water and Sanitation District regarding the Design of the Bridge Road Sanitary Sewer Relocation; and setting forth details in regard thereto. Moffet moved to approve Resolution No. 8; Bruno seconded the motion and it passed (6-0). 2. Booth Creek Park Award Contract for the fabrication and installation of artistic playground components. Moffet moved to direct the Town Manager to enter into a contract with Chevo Studios in the amount of$82,898 for the fabrication and installation of artistic playground components at Booth Creek Park; Bruno seconded the motion and it passed (6-0). 3. Booth Creek Park/Golden Peak Sport Courts Award Contract for the construction of the pickleball courts at Golden Peak and the tennis courts at Booth Creek Park. Town Council Meeting Minutes of March 15,2016 Page 1 Moffet moved to direct the Town Manager to enter into a construction contract with Renner Sports in the amount of$395,082 for the construction of the pickleball courts at Golden Peak and the tennis courts at Booth Creek Park; Bruno seconded the motion and it passed (6-0). Staff noted the courts have been moved several feet away from the creek in answer to some Council concerns. The third item of business was Appointments to Art in Public Places Board (AIPP) and to Planning and Environmental Commission. Moffet moved to appoint Ludwig Kurz, Henry Pratt and John Rediker to the PEC; Foley seconded the motion and it passed (6-0). Moffet moved to appoint Patricia Donovan, Julie Hansen, Nancy Lassetter, Bill Pierce, Kara Woods and Amanda Zinn to the AIPP Board; Bruno seconded the motion and it passed (6-0). Foley thanked Cookie Flaum and Kathy Langenwalter for their many years of service on the AIPP and to the Vail community; they are grateful! The fourth item of business was a CDOT 1-70 Projects Overview presented by Karen Berdoulay, CDOT Region 3 Resident Engineer, who spoke about the upcoming 2016 CDOT 1-70 Projects in Eagle County, Region 3 as follows: 19094—Vail Underpass (1-70 174.5-175.5) Construction Activities • Construct new bridges on EB and WB 1-70 • Add additional 1-70 underpass near milepost 175, connecting North and South Frontage Roads • Project will not add additional 1-70 exits/interchanges into the Town of Vail 19490—Vail Chain Station (1-70 MM 178-179) • Construction activities • Construction of a new wall and expansion of the existing Chain-up station on EB 1-70 approx. 1500 feet. • Replacement of existing lighting in the chain up station with new LED lighting. • New lighting in the chain down station on WB 1-70, directly across the highway from the chain up station. 19395—Lake Creek Bridge (US 6 MM 165.1) • Construction activities • Replacement of the existing bridge (from 1942)on US-6 approx. 1 mile west of Edwards 18266—Cross Creek Culvert • Construction activities • Replacement of the existing CMP under US-24 with a concrete box culvert on Cross creek near cross creek road that goes to Maloit park. • Road surface will be widened with a turn lane to access Cross Creek Road. 17778—Wildlife fence (1-70 131-140 and 165.8-171.4) • Construction activities • Installation of deer fence and game ramps between Dotsero and Gypsum as well as between Avon and Dowd Junction. 18159—Eagle-Vail Bridges(1-70 MP 168.2-169.2) • Construction activities • Bridge rehabilitation, deck repairs on the WB bridge 20582—Vail Pass Barrier Project(1-70 MP 180-186) •Construction activities • Replacement of substandard Bridge rail on 1-70 from MP 180 to 186 on EB and WB. • Replacement of substandard concrete barrier on 1-70 from MP 180 to 186 on EB and WB. 20287—Eagle and Summit Bridge Joint(1-70 Vail Pass) •Construction activities • Replacement of Bridge joints on 1-70 on Vail Pass in both EB and WB. •Only 2 structures are remaining, both at the bottom of Vail Pass in the WB direction Town Council Meeting Minutes of March 15,2016 Page 2 There was some discussion about the following: ✓ Bald Mountain Berm Project ✓ Traffic calming and construction zone traffic calming and signage, VMS signage ✓ Status of the lawsuit for the acquisition of the right of ways needed for the project The fifth item on the agenda was the Resolution No. 9, Series of 2016, A Resolution 3/15/2016 Adopting the Restore the Gore Strategic Plan to Restore Gore Creek Water Quality Resulting in the Removal of Gore Creek From the Colorado Department of Public Health and Environment Water Quality Control Division 303(d) List of Impaired Waters, and Setting Forth Details in Regard Thereto, as presented by Kristen Bertuglia, Environmental Sustainability Manager. It was noted at the March 1st meeting of the Vail Town Council, staff presented the strategic plan implementation approach and the high priority action list as elements of the Plan which was created to try to address the lack of aquatic life in the Gore Creek, now identified on the 303(d) list of impaired waters. Bertuglia noted there were no contextual changes to the Plan and recommendations were made related to implementation. There were thanks extended to all involved in the process. She highlighted the timeline table below: March 15 2016 I 01-2016 Q2-3 2016 Q4 2016 Bertuglia addressed the implementation approach of the plan as outlined in the memo: • strategic plan is a five-year plan • work includes partner organizations and the Planning and Environmental Commission • a series of high priority action items will help guide the sequencing of activities going forward • Action items were selected based on their high level of relative effectiveness and feasibility • Timeline includes: 1. Prioritize 2016 action items within High Priority Action Items list 2. Develop 2016 Plan and Budget 3. Conduct Annual Review/Year End Results 4. Develop 2017 Plan and Budget Council feedback was given about the following topics: ✓ Condition of the storm water vaults, which were noted as in good condition ✓ Need to see success and measure the success of funding spent on outreach, marketing and education Town Council Meeting Minutes of March 15,2016 Page 3 ✓ The impacts of the town's snow dump, which was noted as having high impacts but actions to mitigate the problems were identified and immediate. ✓ It was noted Vermillion has been contracted to assist monitoring the progress and success of the plan ✓ Interest in better identifying the measurement of success of the plan and the return on the investment (in light of the proposed budget estimate to implement) ✓ The need (or not)for adding another employee to oversee the program; it was clarified the position is temporary for two years only ✓ How this program aligns with the noxious weed management program and is there nexus for the new position to oversee both ✓ Important to realize this plan is also meant to help change the "culture" of how we view our environment ✓ What is the real role of Eagle River Water and Sanitation District Bertuglia also reviewed the proposed budget which was estimated at$7M to be spent over five years. Public input was requested at this time. • Shawn Bruckman, Vail resident, shared her support of the plan and encourage there be a thoughtful approach to the marketing and education components • Eric Perkins, Vail resident, spoke about his continued concerns showing some photos of snow dumping on the banks of the Gore Creek. • Taylor Guardarian, Eagle-Vail resident, expressed support to continue to maximize environmental benefits with the adoption of the project Chapin noted the council was in receipt of a letter from ERWSD, Rick Sackbauer, Chairman, supporting the strategic action plan. There were some further comments made by Council members who generally supported the plan, but concerns remained about the plan as too extravagant, too much too fast, and how the programs will be measured to have been successful or not. The storm water component was definitely seen as a priority action item as well as the need for periodic updating to the Council about results. Bruno moved to approve Resolution No. 9, Series of 2016, A Resolution 3/15/2016 Adopting the Restore the Gore Strategic Plan; Foley seconded the motion and it passed (5-1; Moffet nay). It was noted the Resolution did include adopting a budget for this programming. It was suggested to staff to also contact the State of Colorado since they should also be involved with providing some assistance in implementing the plan. There are many impacts on the river by interstate runoff of mag chloride. The sixth item of business was consideration of the 2016 Ford Park Summer Managed Parking Program presented by Greg Hall, Director of Public Works and Transportation. He noted each spring the summer activities and events calendar is reviewed by the Ford Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley Foundation (Gerald R. Ford Amphitheater), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountains Science Center(as operators of the Vail Nature Center). The group proposed summer dates per the 2016 calendar when the managed and paid parking program is implemented throughout the summer. Hall spoke about the number of additional days as 7 day compared to prior year, all of which are in June and implemented as paid because of the demand created by the volleyball and lacrosse tournaments. There was positive feedback from the user groups about the changes implemented last year, i.e. the ability to reserve portions of the parking lot for users. There were actually very few complaints with the program last year and the valet service was very successful in assisting with the management of the lot during evening events. There was some discussion about whether there is a need to include paid parking throughout the Town Council Meeting Minutes of March 15,2016 Page 4 summer and it was suggested the user groups explore this for summer 2017. Suggestions were made to include some better signage that would address express bus hours and paid dates. Moffet moved to approve the 2016 Summer Managed Parking Program Calendar; Foley seconded the motion and it passed (6-0) The seventh item on the agenda was Town Manager's Report at which time he presented the Council Priorities and Action Plan information about vision, missions and focus area goals; he asked for feedback from council on the plan. He also noted the community survey was mailed. The eighth item on the agenda was Ordinance No. 1, Series of 2016, First Reading, An Ordinance Amending the Definition of Short-Term Rental in the Vail Town Code presented by Chris Neubecker. It was noted the Town's codifier identified the discrepancy in the current definitions and brought this to the attention of the Town Attorney last year. On February 22, 2015 the Planning and Environmental Commission held a public hearing on this item and voted 5-0 to make a recommendation to the Vail Town Council for approval of the attached ordinance. Moffet moved to approve Ordinance No. 1; Bruno seconded the motion and it passed (6-0). The definition now includes a short term rental shall be deemed for a period not exceeding 30 days. The ninth item of business was Ordinance No. 5, Series of 2016, First Reading, An ordinance amending Ordinance No. 5, Series of 2008, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 4, Vail Cascade Subdivision; and to amend and re-establish the approved development standards for Area A, Cascade Village to allow for the development of a mixed use development, located at 1300 Westhaven Drive; and setting forth details in regard thereto. Chris Neubecker, Planning Manager, presented this item noting the applicant, Vail Hotel Partners, LLC, represented by Mauriello Planning Group, is requesting a major amendment to a Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the reduction of seven (7) accommodation units (292 units to 285 units, for a total reduction of 2,023 sq. ft.), creation of a new fitness center inside the hotel, new spa, new salon, larger hotel rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building, located at 1300 Westhaven Drive/Cascade Village. (PEC160002). In summary it was noted the following changes to the Vail Cascade Resort & Spa within SDD No. 4 are as follows: • Reduce the number of accommodation units by (7) accommodation units (292 units to 285 units), for a total reduction of 2,023 sq. ft. • Creation of a new fitness center inside the hotel • Creation of a new spa within the hotel • Creation of a new salon within the hotel • Creation of larger hotel rooms by combining some rooms • Installation of a new porte-cochere (covered vehicle entrance) • Changes to the terrace on the rear of the hotel building The presentation included a review of several site diagrams. There was some discussion about each of the changes identified above. Dominic Mauriello, Mauriello Planning Group, representing the hotel owner, presented the application. Phil Seibert, Lauris Corporation, addressed the Council with information about their purchase and plans for a $30M Town Council Meeting Minutes of March 15,2016 Page 5 redevelopment of the property. He spoke about their company, their mission to purchase resorts and larger hotels, their interest in creating a venue for national conferences, the role Starwood plays with the property, the high level guest experience they want to create, and how he sees the property complimenting the other hotels in Vail. Mauriello presented the SDD amendments to the special district plan and noted the following: + there are major upgrades to the hotel, including major interior renovations + the property standards will align with the Starwood Luxury Collection, the new operator of the Cascade Hotel and Resort ❖ the number of accommodation units would be reduced but would also bring a higher average daily rate • the addition of the Starwood brand will bring a new lodging franchise to Vail and also allow members of Starwood's Preferred Guest program to use their points in Vail ❖ the new owners are also seeking to expand the use of the Cascade Hotel and Resort for more events and conferences At this time, Moffet stated he had a conflict of interest on this agenda item and recused himself by leaving the council chambers (8:15 p.m.). After the presentation, there was a question about the tennis courts; there were no plans to replace the tennis courts. Public input was invited and Taylor Gardarian asked if there would be any improvements made to the ski lift; there were not going to be any improvements. Foley moved to approve Ordinance No. 5, Series of 2016, First Reading, An ordinance amending Ordinance No. 5, Series of 2008, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 4, Vail Cascade Subdivision; and to amend and re-establish the approved development standards for Area A, Cascade Village to allow for the development of a mixed use development, located at 1300 Westhaven Drive; and setting forth details in regard thereto, with a condition that the proposed pool would be reviewed and approved by PEC. Bruno seconded the motion and it passed (5-0; Moffet recused). The tenth item of business was Ordinance No. 4, Series of 2016, Second Reading, An Ordinance for a Prescribed Regulation Amendment, Pursuant to Section 12-3-7, Amendment, Vail Town Code, to Amend Title 12, Sections 12-6C-8 and 12-6D-8, to Provide an Exception to the Minimum Lot Size for Properties in the Two-Family Residential (R) and the Two-Family Primary/Secondary Residential (PS) Districts that were Annexed into the Town of Vail with Two Dwelling Units and are now Nonconforming Due to Lot Size requirements, and setting forth details in regard thereto. This ordinance was drafted to help resolve some issues related to an annexation into the Town of Vail, 35± duplex properties (2 dwelling units on a single development site)which have been deemed Legal Nonconforming by the Vail Town Code due to not meeting the minimum lot size for 2 dwelling units. As Legal Nonconforming properties, homeowners are unable to utilize any available Gross Residential Floor Area (GRFA) that may exist on the property that would allow an increase in the size of the home or to redevelop the property as a two (2) unit or duplex property. The Prescribed Regulation Amendment is proposed to amend the density control section of the Two-Family Residential (R) and the Two- Family Primary/Secondary Residential (PS) Districts by providing an exception to the required minimum lot size for those subject properties. The effect of this language will be to remove the nonconforming designation from the properties, allowing utilization of available GRFA or potential property redevelopment. Community Development Director George Ruther spoke about the item noting there were no changes from first reading. Moffet moved to approve Ordinance No. 4, Series of 2016; Bruno seconded the motion and it passed (6-0). There was not any public input on the matter. Town Council Meeting Minutes of March 15,2016 Page 6 The eleventh 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 (6-0) and the meeting adjourned at 8:30 p.m. Res•ectf Ily Submitter Attest: 0 "1 i save Ch-pin, M- �- f w att. " '-tty - ,ny, T. , -rk .......TD ir"• •oit ice' r• n, O • • %‘‘N ‘ J Town Council Meeting Minutes of March 15,2016 Page 7 Vail Town Council Meeting Minutes Tuesday, April 5, 2016 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 Tern 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 Mayor Chapin called the meeting to order at 6 p.m. and all seven members of the Vail Town Council were present. 1. Citizen Participation Several Bald Mountain Townhome property owners were present to request support for the berm project completion as soon as possible. There was some review of the use of dirt from other construction projects. 2. Proclamation No. 2, Series of 2016, National Library Week Moffet read Proclamation No. 2, Series of 2016. Town librarian Lori Barnes was present to review the details of National Library week. 3. Any action as a result of afternoon meeting and executive session After the review of the Design Review Board results, Moffet moved to call up and allow Council to review the conditional approval by the Design Review Board decision made on March 16, 2016 on the Booth Creek Park redevelopment. The review would be made of the plans and roof materials for the restroom building. (Call up action is addressed as part of the appeals section of the Vail Town Code 12-3-3) Foley seconded the motion and it passed (7-0). An Executive Session was held during the afternoon meeting pursuant to: C.R.S. §24-6- 402(4)(b)(e) -to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regarding: Welcome Centers' Contract, Vail Commons Agreement and Red Lion Declaration Language. At this time Moffet moved to waive any and all rights granted to the Town of Vail pursuant to section 3.4 of the First Supplemental to Declaration of Covenants, Conditions and Restrictions Establishing a Plan for Condominium Ownership of the Red Lion Condominiums dated February 28, 1992, and direct the Town Manager to execute and deliver said waiver on behalf of the Town in a for approved by the Town Attorney. Cleveland seconded the motion and it passed (7-0). Town Council Meeting Minutes of April 5,2016 Page 1 4. Appointment to Planning and Environment Commission (PEC) Chapin noted the interview occurred during the afternoon meeting for the final vacancies that exists on the PEC. Bruno moved to appoint J. Brian Stockmar to serve on the PEC; Foley seconded the motion and it passed (6-1). 5. Appointments to Vail Local Housing Authority (VLHA) Chapin noted there seven interviews were conducted for the VLHA vacancies during the afternoon meeting and currently there are two vacancies on the VLHA with one appointment for a five year term (expiring May 31, 2021) and the other appointment serving out a term as a result of an early resignation (expiring May 31, 2018). Bruno moved to appoint Mary McDougal to fill the term until 2021 and Molly Murphy to fill the term until 2018. Moffet seconded the motion and it passed (7-0). 6. Consent Agenda 1. Minutes from March 1, 2016 meeting Moffet moved to approve the March 1 minutes; Foley seconded the motion and it passed (6-0; Langmaid abstained). 2. Minutes from March 15, 2016 meeting Moffet moved to approve the March 15 minutes; Foley seconded the motion and it passed (6-0; Cleveland abstained). 3. Resolution No. 10, Series of 2016, A Resolution Approving an Intergovernmental Agreement (the "IGA") Between the Town of Vail and Colorado Department of Transportation Regarding the Construction on Infrastructure to Lower Overhead Electric Lines; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 10, Series of 2016; Bruno seconded the motion and it passed (7-0). 4. Resolution No. 11, Series of 2016, A Resolution Approving the Intergovernmental Agreement (the "IGA") Between the Town of Vail and Holy Cross Energy Regarding the Provision and Inspection of Infrastructure to Lower Overhead Electric Lines; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 11, Series of 2016; Bruno seconded the motion and it passed (7-0). 5. Resolution No. 12, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Vail Park and Recreation District for the Reimbursement for the Vail Golf Course Clubhouse Construction Costs Moffet moved to approve Resolution No. 12, Series of 2016; Bruno seconded the motion and it passed (6-0; Foley abstained because of his role as VRD Board member). 6. Resolution No. 13, Series of 2016, A Resolution Approving an Amendment to the Lease Agreement Between the Town of Vail and the Vail Park and Recreation District; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution 13; Bruno seconded the motion and it passed (6-0; Foley abstained because of his role as VRD Board member). 7. Resolution No. 14, Series of 2016, A Resolution Approving an Amendment to the Lease Agreement Between the Town of Vail and the Vail Valley Foundation; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 14, Series of 2016; Bruno seconded the motion and it passed (6-0; Mason abstained because of her position with VVF). 8. Resolution No. 15, Series of 2016, A Resolution Approving a Lease Agreement Between the Town of Vail and Betty Ford Alpine Gardens; and Setting Forth Details in Regard Thereto Town Council Meeting Minutes of April 5,2016 Page 2 Moffet moved to approve Resolution No. 15; Bruno seconded the motion and it passed (6-0; Mason abstained because of her role on the BFAG board). 7. Town Manager's Report The 2016-2017 Council Action Plan was reviewed; Moffet moved to approve the plan; Bruno seconded the motion and it passed (7-0). There was an update about the berm project at Bald Mountain Townhomes. There was discussion about some of the following items: ✓ Access to dirt, the amount of dirt requirement to complete the berm by TOV, and the use of the dirt for other TOV projects ✓ The term of the agreement which indicates the deadline for completion of the project ✓ The costs of using CDOT 1-70 dirt for the berm project There was an update about the ski season extension and its impact on extending town services, i.e. bus and parking services. There was some discussion about the need to better understand ski season closing weekends since there are many impacts to the business community when such a last minute decision is made. It was suggested to continue working with the ski company to better understand how this is determined and possibly suggest setting a consistent closing date that would be honored every year. 8. License Agreement with Solar Crest Condominium Association Presenter(s): Tom Kassmel, Town Engineer. Background: There was a request for an approval of a license agreement to allow for an enclosed trash/recycling structure to be located in the Town of Vail Right of Way, located at 1400 Lions Ridge Loop. The Solar Crest Condominium Association made the request to use the Town of Vail Right of Way along Lions Ridge Loop for their trash and recycle structure. Some of the changes noted since the last Council review of the topic were made by staff and the applicant in order to minimize impacts within the ROW, and include; • The structure has been reduced from -150 SF to -105 SF • The structure is proposed to be moved from 4.5' off the edge of road to a location 10.5' off the edge of road • The T 111 plywood siding will be covered by an approved material Langmaid moved to approve the License Agreement; Bruno seconded the motion. There was council input opposing the license agreement as it would set precedence for all property owners to extend into public right of way with further comments the elected officials' role is to make decisions based on what is good for the entire community and not just a select number of the community. Public input was taken at this time and Michael LeTourneau, Solar Crest property owner and association manager, spoke about what had transpired with their trying to comply with the new recycling requirements. There was some further discussion about how to resolve the issue. There was no public input on the matter. Chapin asked for a vote on the motion on the table and the motion passed (4-3). 9. 1-70 Vail Underpass Public Art Update and Award of Contract with artist Gordon Huether Presenter(s): Molly Eppard, AIPP Coordinator Background: The Art in Public Places Board issued a request for qualifications for applications that would address a public art element at the 1-70 Vail Underpass. The Board reviewed over 80 Town Council Meeting Minutes of April 5,2016 Page 3 applications and narrowed them to three which submitted proposals to site specific criteria. The selection process resulted in the selection of artist Gordon Huether to create and install the public art. Bruno moved to Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with the artist Gordon Huether to create an art installation incorporating required safety and screening components as approved by the Art in Public Places Board in the existing approved public art budget within the 1-70 Vail Underpass not to exceed $330,000. Moffet seconded the motion and it passed (7-0). There was no public input on the item. 10. Presentation on Fee in Lieu Presenter(s): Alan J. Nazzaro, Housing Manager. Background: He requested Town Council provide direction on the Town's target households for fee in lieu dollars. He noted the topic is in response as follow-up to another meeting where by council requested a discussion about how the Town of Vail calculates its annual fees in lieu amounts for mitigation of employee housing impacts. The council packet memo presented the Town's fees in lieu methodology, how other communities calculate their fees in lieu for their Commercial Linkage and/or Inclusionary Zoning as well as variables the Town Council may adjust to ensure the fees in lieu collected reflect the affordability gap for the Town's target households. Discussion was held on numerous topics related to the fee in lieu program ✓ current fee in lieu calculation and methodology ✓ other communities' programs and calculations ✓ pros/ cons of the program ✓ the need to revisit the purpose of this program There was consensus from council members that changes should be made in the near future in order to be more proactive in keeping up with the need for work force housing. Zemler noted the topics would be brought back to a joint meeting with the Vail Local Housing Authority for further discussions. 11. Resolution No. 7, Series of 2016, A Resolution Approving an Encroachment into an Existing View Corridor, Pursuant to Section 12-22-6, Encroachments into Existing View Corridors, Vail Town Code, to Allow for the Encroachment of an Addition to Villa Valhalla Building into View Point#5, Located at 384 Gore Creek Drive, Unit 10/Lot J, Block 5A, Vail Village Filing Presenter(s): Jonathan Spence, Planner. Background: The applicant is requesting the review for an encroachment into an existing view corridor to allow for a 250 square foot residential dormer addition to Unit 10 of the Villa Valhalla Building. It was noted on February 8, 2016, the Planning and Environmental Commission (PEC) recommended the Vail Town Council deny the proposed View Corridor Encroachment for an addition to Unit 10 of the Villa Valhalla Building with a vote of 5-1-0. Chapin noted a site visit was conducted earlier in the day to the location. Spence reviewed the process involved and action required when considering the resolution, as the following: 1) amendment process changes the view corridor 2) the encroachment process allows an encroachment into the corridor, and if the building were to be developed, the encroachment would no longer be valid Town Council Meeting Minutes of April 5,2016 Page 4 Bill Pierce, Pierce Architects, represented the applicant with a presentation of their request to expand the unit to accommodate their needs. There were no questions for the applicant and the public hearing was opened. Art Carroll, 385 Gore Creek Drive, requested council support protecting the view corridor. There was Council consensus in dissatisfaction that the view corridor was disturbed in the first place by the construction of the Founders Garage. No other pubic comment was given at this time. Cleveland moved to deny the request for the encroachment of an addition to the Villa Valhalla Building into View Point#5, based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated February 8, 2016 and the evidence and testimony presented, the Vail Town Council finds: 1. That the literal enforcement of Section 12-22-3, Limitations on Construction, Vail Town Code, would preclude a reasonable development of a proposed structure on the applicant's land. 2. That the development of the structure proposed by the applicant would be such as to defeat the purposes of this chapter. 3. That the development proposed by the applicant would be detrimental to the enjoyment of public pedestrian areas, public ways, public spaces, or public views. 4. That the development proposed by the applicant does comply with applicable elements of the Vail land use plan, town policies, urban design guide plans, and other adapted master plans. 5. That the proposed structure will diminish the integrity or quality nor compromise the original purpose of the preserved view. Bruno seconded the motion. Moffet noted he did tour the site at an earlier time and Foley noted he did not support the motion and also commented on the street lamp that was installed in that area. The motion passed (6-1). 12. First reading of Ordinance No. 7, Series of 2016, An Ordinance to Amend Section 11-7-15, Ski Base Area Signs of the Vail Town Code in Order to Allow Advertising of On-Mountain Recreational Activities, and Setting Forth Details in Regard Thereto Presenter(s): Brian Garner, Planner. Background: On September 27, 2010 the Planning and Environmental Commission recommended approval of proposed Prescribed Regulations Amendments to the Vail Town Council and was subsequently approved by Town Council. Unforeseen in 2010 was the need to advertise on-mountain recreational activities that didn't exist at that time and as a result, the advertising of all "commercial uses" was prohibited. Today with the impending launch of Epic Discovery this summer, Vail Resorts has identified a desire to advertise the recreational activities available on the mountain. Dominic Mauriello, Mauriello Planning Group and representing Vail Resorts, Inc. presented the request for the code amendment related to ski base area signage. After some discussion there was council consensus to include more restrictive language that would address "corporate brandings and signage" in the code. There were some concerns about occurrences in the past where too much signage allowed one private company would be viewed as unfair to other businesses in the community. Moffet moved to approve Ordinance No. 7, Series of 2016, an Ordinance to Amend Section 11-7-15, Ski Base Area Signs of the Vail Town Code in Order to Allow Advertising of On-Mountain Recreational Activities, and Setting Forth Details in Regard Thereto, with the condition that additional language be drafted for second reading that would address "corporate brandings" in the code. Cleveland seconded the motion and it passed (6-1). Town Council Meeting Minutes of April 5,2016 Page 5 13. Ordinance No. 8, Series 2016, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund Presenter(s): Carlie Smith, Budget Analyst There were several questions asked about the ordinance and supplemental budget memo details. Some highlights of the memo and discussion included: 2015 RESULTS • total revenue of$68.9 million is up 6.5% from 2014 mainly due to increases in sales tax collections, construction activity, reimbursement from the Vail Reinvestment Authority for capital projects completed within the district and lift tax collections during the year. • Sales tax collections reached $25.1 million for the first time, a 5.25% increase over 2014. • Real estate transfer tax collections in 2015 of$7.0 million increased 1.7% from prior year. • Ski Lift tax collections of$4.8 million were up 9.5% from prior year • Parking revenue of$4.9 million has increased by 9.3% compared to 2014 • 2015 net expenditures totaled $53 million compared to $78.6 million budgeted. 2016 SUPPLEMENTAL General Fund General Fund expenditures are proposed to increase by $196,031: ❑ A total of$121,700 approved by Council for special event activation for the final weekend of the winter season ❑ $4,500 use of Library grant funds to be used to purchase books, audio visual materials, and other electronic and educational resources. ❑ $9,000 for a guest parking survey. ❑ $23,000 of funding for the Sister City Exchange Program visits with San Miguel de Allende. ❑ $25,000 of funding for the Town's 50th anniversary celebration. The above adjustments to the General Fund 2016 budget resulted in an estimated fund balance of $23.7 million by the end of 2016, or 64% of annual revenues. Real Estate Transfer Tax (RETT) Fund Budgeted revenues increased by a total of$1,130,698, a majority of which ($1.12M) due to the early repayment of the loan from the Vail Valley Foundation relating to the Amphitheater renovation project completed in 2014. Staff requested to supplement 2016 expenditures by a total of$11.9 million, $11.4 million of which relates to projects budgeted in 2015 but not yet completed such as the Vail Golf and Nordic Center, Donovan Park redevelopment, Booth Creek Park redevelopment, and completion of the skate park in the Lionshead parking structure and continued streambank and water quality improvements. Council approved on March 1, 2016, additional sources of funding of$651,241 will be allocated to the Vail Golf and Nordic Clubhouse remodel project. Staff requested to utilize 2015 savings for the following newly identified projects: ❑ $15,000 for the Noxious Weed Management Program as described in a memo provided to council on March 15th. ❑ $68,500 to expand environmental programs, recycling incentives, and public environmental education. There was some discussion about the expenditure identified above. Kristen Bertuglia was present to explain the programming expenditures. There was council input about whether there was a need to expand this programming to that extent and expense. There was also a request Town Council Meeting Minutes of April 5,2016 Page 6 a for a review of the remodeling of trash enclosures and brief discussion about the request for funding from the Rocky Mountain Climate organization. . Capital Projects Fund Budgeted revenue adjusted by a total increase of$276,603 to be offset by corresponding expenditures. Staff requested to supplement 2016 expenditures by a total of$10.0 million, of which $7.7 million represents projects budgeted in 2015 but not yet completed such as the Guest Service Enhancements/Wayfinding project, Chamonix Housing Development infrastructure, 1-70 Underpass project, a Municipal Complex redevelopment, hybrid bus battery replacement, replacement of a generator at the Vail Village Parking Structure, continuation of Neighborhood Road and Bridge reconstruction projects, renovation of the East Vail Fire station and energy enhancement programs. The Buy-Down Program budget for net new employee housing is adjusted annually to reflect revenue generated from Employee Housing Fee-in Lieu fees paid the prior year. During 2015, the town collected $1.9M in fees-in-lieu, so a corresponding increase to the Buy-Down Program expenditure budget is included in this supplemental request to track the available funds for that program. Staff requested to utilize 2015 savings for the following newly identified projects: ❑ $16,000 for parking structure cameras to improve parking gate security. Additional funding requests include the following: ❑ $65K of funding for the "Resort App" mobile application as approved by council on March 15 Moffet moved to approve Ordinance No. 8, Series 2016, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund on first reading. Foley seconded the motion. Public input was requested at this time and Nick Courtens representing BFAG requested reconsideration for completing the paver project. The motion passed (6-1). Mason opposed the ordinance; she supported the inclusion of the construction project to replace the pavers. 14. Ordinance No. 5, Series of 2016, Second Reading, An Ordinance Amending Ordinance No. 5, Series of 2008, in Accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to Allow for a Major Amendment to Special Development District No. 4, Vail Cascade Subdivision; and to Amend and Re-Establish the Approved Development Standards for Area A, Cascade Village to Allow for the Development of a Mixed Use Development, Located at 1300 Westhaven Drive; and Setting Forth Details in Regard Thereto Presenter(s): Chris Neubecker, Planning Manager BACKGROUND: The applicant, Vail Hotel Partners, LLC, represented by Mauriello Planning Group, is requesting a major amendment to a Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the reduction of seven (7) accommodation units (292 units to 285 units, for a total reduction of 2,023 sq. ft.), creation of a new fitness center inside the hotel, new spa, new salon, larger hotel rooms, new porte-cochere at main entry, and changes to the terrace on the rear of the building, located at 1300 Westhaven Drive/Cascade Village. (PEC160002) Moffet noted a conflict of interest and recused himself leaving the room at 9:10 pm. The applicant Vail Hotel Partners was represented by Dominic Mauriello who recapped the changes making up the major amendments to the Special Development District No. 4, as follows: • Reduce the number of accommodation units by (7) accommodation units (292 Town Council Meeting Minutes of April 5,2016 Page 7 • • r units to 285 units), for a total reduction of 2,023 sq. ft. • Creation of a new fitness center inside the hotel • Creation of a new spa within the hotel • Creation of a new salon within the hotel • Creation of larger hotel rooms by combining some rooms • Installation of a new porte-cochere (covered vehicle entrance) • Changes to the terrace on the rear of the hotel building Bruno moved to approve Ordinance No. 5, Series of 2016, Second Reading, An Ordinance Amending Ordinance No. 5, Series of 2008, in Accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to Allow for a Major Amendment to Special Development District No. 4, Vail Cascade Subdivision; and to Amend and Re-Establish the Approved Development Standards for Area A, Cascade Village to Allow for the Development of a Mixed Use Development, Located at 1300 Westhaven Drive; and Setting Forth Details in Regard Thereto. Langmaid seconded the motion. There were concerns expressed by Cleveland that the town did not seek specific benefits for allowing a decrease in the number units proposed in the remodel. He further expressed concern there would be no mid range priced accommodations in Vail and for that reason the town should have identified what might be a compromise to the proposal. And finally he raised some concern about the conditional use permit to convert the tennis court to enclosed parking area and why the change on the plat for area D was not noted. The motion passed (6-0; Moffet recused). Moffet joined the meeting at this time 9:35 p.m. 15. Ordinance No. 1, Series of 2016, Second Reading, An Ordinance Amending the Definition of Short-Term Rental in the Vail Town Code Presenter(s): Brian Garner, Planner Background: The Town's codifier identified the discrepancy in the current definitions and brought this to the attention of the Town Attorney. An amendment of the regulations of Title 12 may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, by petition of any resident or property owner in the town, or by the administrator, in accordance with the Vail Town Code. On February 22, 2015 the Planning and Environmental Commission held a public hearing on this item and voted 5-0 to make a recommendation to the Vail Town Council for approval of the attached ordinance. Moffet moved to approve Ordinance No. 1, Series of 2016 on second reading; Foley seconded the motion and it passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed (6-0) and the meeting adjourned at 9:40 p.m. Respectf Ily Submittec, ' 111111 Attest: Jim Dave Chain, MayoV ' C\CV4i1 Patty le ny, To Town Council Meeting Minutes of April 5,2016 Page 8 t , Vail Town Council Meeting Minutes Tuesday, April 19, 2016 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 Pro Tern Jenn Bruno. Members present: Jenn Bruno, Mayor Pro Tern Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Mayor absent: Dave Chapin, Mayor Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk Mayor Pro Tem Bruno called the meeting to order at 6 p.m. with six of seven town council members present (Chapin absent). 1. Citizen Participation Bob Armour, Vail resident, requested those addressing Town Council should state their address as well as their name. He also expressed concerns about the community survey and a mailing he received incorrectly; he made an inquiry to the consultant RRC about the list used for the survey. Paul Seidman, Vail resident, thanked the town for keeping his community clean. He also commented on the speeding in his neighborhood and suggested using more signs, speed bumps and lowering the speed limits in an effort to slow traffic. Bald Mountain Townhomes Association and property owners spoke about their request to have the town finish the Bald Mountain berm project as soon as possible, including input from several board members and property owners. 2. Proclamation No. 3, Series of 2016 -April is Financial Literacy Month Presenter(s): Mary McDougal, Town of Vail Library McDougal summarized the initiative, an array of free classes and events through the Common Cents for Colorado programming, and presented in the proclamation; Lori Barnes, Library Director, recognized McDougal for her efforts in getting the initiative implemented for the town. Mason read the proclamation at this time. Moffet moved to approve the Proclamation and Foley seconded the motion. The motion passed (6-0). 3. Consent Agenda 3.1. 1-70 East Vail Landscape and Water Quality Improvements Background: Design phase for Water quality improvements at the east Vail interchange near the 1-70 bridges at MP 182. Partially funded with a $700,000 federal grant. Town Council Meeting Minutes of April 19,2016 Page 1 1 3.2. Resolution No. 16, Series of 2016, A Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy; and Setting Forth Details in Regard Thereto Background: Site access and infrastructure improvement work is underway on the Chamonix property. In order to facilitate the future residential development on the property access to utilities such as water, sewer, natural gas, and electricity is necessary. The Chamonix Utility Easement Agreement with Holy Cross Energy is necessary to accommodate the installation and completion of the electric power system on the property. Cleveland moved to approve the consent agenda; Foley seconded the motion and it passed (6-0). 4. Town Manager Report Town Manager noted the Bald Mountain berm project should be completed, if not in 2016, then no later than 2017, as the town would meet the terms of their agreement with the property homeowners association. 4.1. Annual EHU Compliance Report Alan Nazaro provided an update on the annual EHU compliance report. There was numerous compliance affidavits submitted in recent days per his update. 4.2. Municipal Building Remodel Update Zemler presented an update about the Municipal Building remodel noting due diligence has begun by several professional teams who are assessing the structural and mechanical aspects of the building. He proposed another update in about 60 days with a report on potential remodeling suggestions. 5. Presentations/ Discussion 5.1. Out of District Fire Services Agreements Presenter(s): Mark Novak, Fire Chief Background: There are a number of properties outside the corporate limits of the Town of Vail which receive fire protection services from Vail Fire and Emergency Services. This presentation will review the current approach to cost recovery in this area and request input on possible modifications to this program. He spoke about several approaches as follows: 1. Resolution No. 2014, Series of 2009 which addressed the current approach to cost recovery for out of district responses and stipulated that billing for non-participants will be by the hour with a one-hour minimum. He noted a number of scenarios in which the per hour methodology becomes complicated, such as scenarios which include situations in which the request for service originates from a neighbor (e.g. chimney smoke mistaken for a fire), an incident in which the requesting party is a renter, not the property owner, and an incident in a multi-family dwelling which involves multiple units. 2. Novak also reviewed an alternate approach, would be a scenario in which Eagle River Fire Protection District (ERFPD) would conduct and inclusion election to include these properties in the boundaries of the ERFPD. ERFPD would collect property tax (9.3920 mil) on these parcels and then transfer the revenue to the Town of Vail for providing service to this area. Based upon the current ERFPD mil levy this would generate revenue of approximately $135,000 per year. Town Council Meeting Minutes of April 19,2016 Page 2 3. He reviewed another approach to fire protection agreements would be to implement an annual flat fee based upon property type. This potentially would increase participation and resolve some of the difficulties currently encountered in multi-family units. He suggested this approach would significantly reduce the workload for the finance department in tracking assessed valuation and establishing the annual fee. This approach may also be easier to market to property owners as it would simplify the explanation of the fee structure. 4. He suggested another consideration in out of district billing is related to wildland fire cost recovery. Wildland fire incidents create a unique situation; by statute the County Sheriff has fire suppression and financial responsibilities for wildland fires occurring in unincorporated areas that are not within the boundaries of a municipality or a fire protection district. In reality, VFES would be involved in this type of incident due to our proximity and the fact that any fire in this area would be considered to be a threat to the Town. If the fire subsequently entered into the Town, there would be a cost share agreement between the Town, the Sheriff, and possibly the Forest Service. There are many possible scenarios associated with this event; however, our ability to bill unincorporated properties would potentially be impacted by the terms of the cost share agreement. Novak notes that the practice has not been to bill those who are not within town of vail for their services nor has it been to assertively collect what is billed. There was some discussion about number of properties with Vail fire contracts as 28; number of properties outside town corporate limits as 190, and 37 incidents occurred in 2014 outside limits. Council input included direction as follows: • Explore if a tax lien could be imposed on properties that receive out of district fire service responses in an effort to collect delinquent payments; requires legislation • Collect costs related to providing the service for out of district responses • Make direct contact with adjacent out of town limits property owners about change in practice for providing out of district services • Draft legislation that would address a fire protection rate structure, different from the current rates, which mirrors the Colorado rates as specified in the Colorado Rate Reimbursement Form for billing; draft resolution action • Continue to work with ERFPD on an inclusion election for fire services to unincorporated areas of Vail • Administer a diligent collection of payments program with Fire Chief authority to waive billing or collection for"good intent calls" • Charge rates to be consistent with state rates in relation to the rate structure to ensure it is reasonable and documented • Assess an administrative costs to cover charges for services provided by town 5.2. Fire Prevention Program Update Presenter(s): Mike Vaughan, Fire Marshal Background: Routine inspections of commercial occupancies have not been conducted for a number of years. Vail Fire is preparing to implement an inspection program which will utilize existing resources to improve public Vaughan noted his memo that addressed the history of fire prevention in the community and how staff has spent the past year developing a program to address the current deficiencies in the inspection program. This program will use fire engine personnel to conduct inspections that will have a primary focus that emphasizes education over enforcement. Staff has had training on topics which include identifying hazards, an overview of common fire code violations, documentation and strategies to gain compliance through education. He noted their goal was to Town Council Meeting Minutes of April 19,2016 Page 3 • inspect each commercial building every two years. Council supported the effort and program presented with some feedback on the following items: ✓ There would not be a need for any additional funding since it is going to be funded by staff on duty ✓ Supported the program as educational and not punitive ✓ Supported the appeal process through a review made by the Building and Fire Codes Appeal Board ✓ Requested some form of measurement of program success be implemented 6. Action Items 6.1. Any Action as a Result of Executive Session There were no motions made on items discussed during the executive session described as follows: Discussion pursuant to: 1) C.R.S. §24-6-402(4)(b)(e) -to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regarding: Unmanned Aircraft Systems (Drones), Transportation Network Companies and Out of Town Fire Protection Services 6.2. Comprehensive Open Lands Plan and Recreational Trails in Vail Presenter(s): Gregg Barrie, Landscape Architect, and George Ruther, Director of Community Development Background: The purpose of this agenda item is to review the recreational trails in Vail and initiate a discussion on the future of the extension of trails and to present several recommendations for consideration and action associated with next steps on the Comprehensive Open Lands Plan and extension of the Vail Trail. Barrie presented an overview of previous discussions about the Vail Trail improvements, noting it was most recently reviewed February 2015. He spoke about a great deal of feedback he has been getting on the topic in recent months and in light of some of the feedback, proposed taking a step back to review and update the 1994 Comprehensive Open Lands Plan, which identifies parcels of land in Vail for acquisition or protection by the town. He noted the document discusses trails as well as protection of environmentally sensitive areas and providing access to Gore Creek. Thus the town staff requested the council and community provide input about initiating an engagement process of updating the 1994 Comprehensive Open Lands Plan. He further recommended assembling an Open Lands Plan Update working group to assist in the development of the plan update. The role of the working group will be to assist the town staff in identifying a recommended list of the issues and questions which should be considered by the Town Council prior to taking any action of the plan update. He proposed a six to eight month process to update the plan. Bruno asked if there were any comments or questions for staff from council and there were none. Bruno opened up public comments noting the question at hand was about the Town of Vail moving forward to update the Comprehensive Open Lands Plan, which includes a trail and trailhead planning component. Michelle Wolf, Avon resident, requested a reevaluation of the Vail Trail proposal supporting efforts to expand it for those who enjoy using soft surface easy trails. Town Council Meeting Minutes of April 19,2016 Page 4 Ann Marie Mueller, Vail resident, expressed concerns about the proposal to expand the Vail Trail due to topography and suggested a detailed study of the mountain side before any improvements would be done. Jamie Malin, Edwards resident and member of the Vail Valley Mountain Bike Association, expressed support of the trail systems noting that soft surface trails are a huge asset to a community. Double Diamond Store Manager spoke about his support of providing for more trails in the Vail area and he thinks Vail has lost many residents to down valley and the trails that have been constructed down valley. Blondie Vucich, Vail resident, expressed passion about the Vail Trail and urged council to focus their time on updating the Open Lands Plan; she strongly urges protection of the open lands and supports engaging a stakeholder group to have a constructive dialogue about the topic. She requested that the Vail Trail proposal be taking off the table for any further improvements. Axel Williamson, Vail resident, expressed opposition to the Vail Trail proposal noting specific concerns with the topography and geography of the area; he noted there are differences with Vail and down valley trails expansions and there are ample opportunities for hiking and biking in both areas. Brian Rodine, Vail resident, supported community assets and revisiting the Open Lands Plan and hoped there would not be a paralysis by analysis and death by committee approach. Tom Vucich, Vail resident, expressed opposition to the Vail Trail extension, supported a review and update of the Open Lands Plan, concerned about what seemed to be a flawed process, with what seemed to be a "fast track" approach. Aaron DenBlaykes, Vail resident, supported updating the Open Lands Plan and hoped soft surface trails would become part of this plan since so many locals enjoy them. Elaine Kelton, Vail resident, supported revisiting the Open Lands Plan as well as keeping the Vail Trail in its current state, as it was a working water ditch trail that should not be turned into a soft surface trail. Diana Donovan, Vail resident, requested the Open Lands Plan be reviewed not necessarily rewritten and expressed her support to keep the Vail Trail in its current state, with no cost to the town as a pedestrian trail that has served the community for 50 years. She asked to be part of the working committee. Cleveland moved the Town Council direct the staff through the Town Manager to cease all activities concerning planning, expansion or improvements to the trail segment known as the Vail Trail, and that it is subject to the finding that the Vail Trail is currently a unique jewel in the Vail Trail System, and it is currently well used and successfully serves the community as it is. He further stated that the inclusion of the Vail Trail in any discussion of the Open Lands Plan will derail and make comprehensive and meaningful changes to the Open Lands Plans impossible, and two, that the Town Manager direct staff to initiate a community engagement process of updating the 1994 Comprehensive Open Lands Plan. Langmaid seconded the motion. Town Council Meeting Minutes of April 19,2016 Page 5 Further discussion ensued which included council comments about the need to include all the community in a dialogue about the trails and open lands plan, and that if the plan is reviewed, there may be priorities about future trails which would be established by all stakeholders and users. Barrie finished his comments noting that part of the existing Vail Trail is not part of the White River Management Plan and the need for this work was in part because the USFS would like to address this issue with appropriate documentation. The motion passed (4-2; Bruno and Moffet opposed). Bruno thanked the community for their participation on this topic. 6.3. Purchase Town of Vail Buses Presenter(s): Greg Hall, Director of Public Works and Transportation, Todd Scholl, Fleet Manager Background: The Town of Vail Bus Replacement Plan includes funding in the 2016 budget to replace a number of transit buses as described in the memo. There was some discussion about the bus replacement plan related to the following: ✓ Meeting emission standards ✓ Size and noise impacts of new buses; buses are longer and have same noise impacts ✓ Funding opportunities and difficulties getting funding because of seasonal nature of the system ✓ Environmental impacts of buses and request to review the research on the report issued in 2014 ✓ Use of hybrids in the fleet Bruno asked for any public input at this time; there was no input. Foley moved to accept the proposal and purchase eight Gillig Lowfloor 40' buses that are budgeted in 2016, and purchase the seven Lowfloor 40' buses that are budgeted in 2018 in order to take delivery of those buses in 2018. Moffet seconded the motion and it passed (6-0). 6.4. Ordinance No. 6, Series of 2016, First Reading, an Ordinance Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Unmanned Aircraft Systems (DRONES) Presenter(s): Matt Mire, Town Attorney Background: The United States Federal Aviation Administration ("FAA") has released guidance recognizing the importance of local jurisdictions in deterring, detecting, investigating and enforcing unauthorized or unsafe Unmanned Aircraft Systems (UAS") operations. The UAS, commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot. When UAS's are operated within the Town of Vail and particularly in populated areas, it presents an appreciable risk to public safety in the air and to persons and property on the ground. Matt Mire introduced the ordinance topic about amending Title 5 of the Vail Town Code explaining that at this time the Town Council has officially withdrawn Ordinance No. 6, because they do not want to address establishing regulations of unmanned aircraft systems (drones) until pending federal action is taken on drone regulations. He further stated there may be future consideration of an ordinance that would address use of drones on public property. Mayor Pro Tern Bruno invited public input on the topic. Andrew Teichman, Avon resident, presented information about his use of model aircrafts with some ideas about using them at local parks. There was also some discussion about use of drones next to helipads. There was direction given staff to continue research in the following areas: Town Council Meeting Minutes of April 19,2016 Page 6 • Regulations about drones next to helipads. • Review of environmental impacts associated with flying drones near wildlife nesting and riparian areas. • Regulations about flying drones in public parks and trying not to create such strict regulations for parks that people could not enjoy this as a hobby. 7. Public Hearings 7.1. Ordinance No. 8, Series 2016, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Fund, Heavy Equipment Fund, and Dispatch Fund Presenter(s): Carlie Smith, Budget Analyst Background: This will be second reading on Ordinance No. 8 the first supplemental appropriations for the 2016 budget. Bruno opened the public hearing on agenda item 7.1, Ordinance No. 8, Series of 2016. Smith presented the memo noting some highlights of the budget requests and noting no further changes to the ordinance. There was some discussion about the Ford Park enhancements and contingency funding, described below: Propose $540,000 of savings for Ford Park enhancements projects as approved by council during the first reading of the supplemental. The following projects are currently included in the budget: • $260,000 to enhance the Ford Park Entry Portals design • $97,000 for a lighting control system • $35,000 to replace the existing wood transformer enclosure at Ford Amphitheater • $48,000 to install a manual traffic gate on South Frontage Road to facilitate parking lot control • $100,000 contingency—funds to cover some design issues with the problems related to sewer line issues There was a request to review the funding for the 50th community celebration related to the commemorative community gifts. Moffet moved to approve Ordinance No. 8, Series 2016, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Fund, Heavy Equipment Fund, and Dispatch Fund. Cleveland seconded the motion. Bruno requested public input at this time. Nicola Ripley, Director of the Betty Ford Alpine Garden, suggested the pavers be constructed to finish the Ford Park project; requested the related expenditures be budgeted in the 2017 budget. Gwen Scapela, resident, also supported the Town finish the paver construction project, noting that the area does not look finished. The hearing was closed to public comments at this time. There was council support in finishing the paver construction projection so there would be consistency of materials throughout Ford Park. Greg Hall, Public Works Director, cited a construction cost estimate of$500K and noted it would require fund balance to finish the project; there was some discussion about including the project in 2016 or 2017. The motion passed (6-0). Town Council Meeting Minutes of April 19,2016 Page 7 7.2. Ordinance No. 7, Series of 2016, Second Reading, An Ordinance Amending Section 11-7-15, Ski Base Area Signs, of the Vail Town Code, Regarding Ski Base Area Signs. Presenter(s): Brian Garner, Planner Background: This ordinance would amend the text of Section 11-7-15, Ski Base Area Signs, of the Vail Town Code to allow advertising for on-mountain recreational activities. The purpose of the amendment is to clarify and differentiate between advertising of on-mountain recreational activities and commercial uses. This ordinance will enable the applicant, Vail Resorts, to advertise summer activities that take place on the mountain such as Epic Discovery, which is a recreational activity in addition to a commercial enterprise. The Planning and Environmental Commission recommends that the Town Council approve Ordinance No. 7, Series of 2016 upon second reading. Mayor Pro Tem Bruno opened the public hearing for consideration of agenda item 7.2, Ordinance No. 7, Series of 2016. Garner presented the staff memo related to the drafting of the ordinance. He identified a minor change in Section 1, Subsection "c" of the ordinance which included language that addressed "corporate sponsors". There was discussion about "defining" the term in the ordinance in order to create better regulatory language. There was input that no commercial advertising or logos should be included in the signage. The applicant, Vail Resorts, Inc. represented by Jeff Babb, Resort Operations Director, spoke about the need to advertise Epic Discovery on the mountain and noted VRI is also regulated by USFS. Babb expressed there will be several corporate entities represented with their advertising, sponsorships and events. The Town Attorney noted "sponsorship advertising" was allowed under the town's special event permitting process separately since advertising is prohibited. There was further discussion about the need to address the third party corporate sponsors in this context. Bruno opened the public comment period. There were no public comments so the hearing was closed. There were no further comments from staff, the applicant or Town Council members. Moffet moved to approve Ordinance No. 7 with the language change as suggested below: "Signs advertising on-mountain third-party corporate logos and corporate sponsors, as determined by the Town in the sole discretion of the Town reviewing agency, eating and drinking establishments, retail stores and establishments, and other commercial uses shall be prohibited". Langmaid seconded the motion. Foley noted he would not support the ordinance because of his concern the content on the signage would be broader than what was allowed which has occurred in earlier years; he was hopeful the rules would be followed this time around. The motion passed (5-1; Foley opposed). There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed (6-0) and the meeting adjourned at 9:00 p.m. Respectfully Submittec, 2,11) Attest: 1 •ave Chapin, Mayor i\A Patt Mc nn n Clerk Town Council etin inutes of April 19,2016 Page 8 Vail Town Council Meeting Minutes Tuesday, May 3, 2016 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 Tern Dick Cleveland Kim Langmaid Jen Mason Greg Moffet Absent: Kevin Foley Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Stephen Connolly, resident and candidate for Vail Recreation District board, commented on his support of holding the election at the Grand View and related polling requirements related to signage and 100 feet from polling entryway. He also commented on the town's marketing efforts and suggested a need for a Chief Marketing Officer. Michael Cacioppo, candidate for Colorado State House representative, spoke about his run for the state office commenting on several issues of state concern, including I -70 and toll lane. Robin Birch, resident, expressed support of beautifying the area on North Frontage Road and Booth Falls Road owned by VMS and CDOT. She requested town of Vail support of the project as well and noted her efforts to design and raise funds for the project. 2. Consent Agenda 2.1. Minutes from April 5, 2016 meeting Moffet moved to approved the April 5th minutes; Bruno seconded the motion. The motion passed (6-0). 2.2. Minutes from April 19, 2016 meeting Moffet moved to April 19 minutes; Mason seconded the motion. The motion was amended to include a change to Cleveland's motion about the Vail Trail which would include revising the word "possible to impossible" on page 5 of the draft minutes. The motion passed; Chapin abstained (5-0). 3. Town Manager Report 3.1. Vail Community Picnics - Proposed Dates The following dates were confirmed for the community picnics: Town Council Meeting Minutes of May 3, 2016 Page 1 1) Bighorn Park - July 12 2) Donovan Park - August 9 4. Presentations / Discussion 4.1 US Open Burton Snowboard Championships Event Recap Presenter(s): Marc Murphy, Director of Partner Marketing Background: Burton event promoters will provide a 2016 US Open Snowboarding Championship event recap noting some of the community and economic benefits of the event. Note the presentation will only be a portion of the slides included in the packet in order to meet the 30 minute time limit. Burton's representatives presented highlights and a recap of the event as follows: • Note from founders Jake & Donna • RRC Survey Results & General USO Burton Findings • Description of the two premium brands • Financial impacts & Burton's mission and vision • Community Contributions • Goals & objectives • Media highlights : Webcast, TV, radio • US Open Highlights • Marketing • Event Strengths • PR/Communications — highlights • Lessons Learned • Events costs almost $5M • Sustainability Efforts They expressed their hope for continued partnering with the Town of Vail and attracting and retaining current and new sponsors for the event. Thank you' s were expressed on behalf of both participants, Burton and Town of Vail. Some feedback about the events included: ✓ Families were uncomfortable at the ✓ Continue to seek out sustainability concerts with some safety concerns in components for the event terms of areas they could stand and not ✓ Engage youth with Burton owners be impacted by the general crowed. ✓ Helpful recap ✓ Great execution, keep up the diligence ✓ Great event"vibe", people love the and work with the event event ✓ Requested information about the per person expenditure? Chapin invited public input at this time. Stephen Connelly commented about the need for a chief marketing officer, a position that would help evaluate the contributions and impacts of such event. 5. Action Items 5.1 Review and Adoption of Welcome Centers Host Program Operational Goals and Next Steps Presenter(s): Suzanne Silverthorn, Communications Director Action Requested of Council: 1) Adopt and/or modify the10 partner-driven goals to be incorporated into future operations of the Vail Village and Lionshead Welcome Centers and Community Host Program beginning October 1, 2016. Town Council Meeting Minutes of May 3,2016 Page 2 2) Direct staff to initiate a Request for Proposals process to direct future operations of the Welcome Centers/Host Program according to the timetable presented. 3) Define the recommended role of the Town Council regarding operation of the Welcome Centers/Host Program to include interviews of RFP finalists and a selection decision on July 19, 2016. Background: To prepare for future operation of the Vail Welcome Centers and Community Host Program, the Town Council has directed staff to assess the Town's stated vision, mission and goals and to recommend updates and next steps There was a presentation by staff who presented a review of the role of welcome centers in the economic place of Vail, staff presented a guest services vision which was adopted in 2011, and highlighted goals for future operation of the Welcome Centers/Host Program. Suggestions were developed by the Town's partner agencies. Zemler requested permission to proceed with the RFP that would direct future operations of the centers and he then recommended a role for town council in terms of interviewing the finalist; the following steps were proposed, as follows: • May 17, 2016— Request for Proposals issued • May 17 to May 31, 2016— Interested parties invited to schedule a tour of the facilities with an opportunity to ask questions of the contract administrator and other Town personnel • June 1, 2016— Deadline for contractors to confirm participation in the proposal process • July 1, 2016— Submission deadline for proposals • July 8, 2016— Finalists notified of advancement to next phase • July 19, 2016 — Finalists interviewed by Town Council with selection of contractor • October 1, 2016— Start date for new service contract There were some council comments that addressed the need to: • Understand the level of service commitment using "exceptional" as part of the description • Define only one overarching objective of the centers • Understand what the town is looking for in its proposals by simplifying the RFP scope There was support to proceed with the proposed RFP process. Mayor Chapin asked for public comment. Michael Kurz, VEAC, commented about the need for centers representing the "brand front" with the suggestion that the positions are permanent and highly professional representatives. He suggested they make a paradigm shift to a "retail brand outlet" with a review of the mission and look for a strategic partner that can help keep the customer instead of sending them elsewhere for the information. Stephen Connolly, supported a review of all town facilities operations, supported current center operator, be realistic about the mission of the facilities. Zemler suggested no action be taken at this time on the specific scope of the proposal so staff could evaluate the input in order to make further revisions. Staff would return for final approval of the scope and process at the next meeting. 5.2 Name Skatepark at Lionshead Parking Structure the "Zeke M. Pierce Skatepark" Presenter(s): Todd Oppenheimer, Capital Projects Manager Background: This request is being made in response to comments provided by Cameron Chaney, the high school student who demonstrated a skatepark was possible in the Town Council Meeting Minutes of May 3,2016 Page 3 Lionshead Parking Structure, to honor his friend and classmate, Zeke Pierce, who died in 2013. A presentation was made by staff with a request for naming the skatepark in memory of Zeke M. Pierce (local resident who died in mountain bike accident in 2013 at age of 16) as suggested by Cameron Chaney, the inspiration behind the idea of the park and friend of Pierce. Moffet moved to officially name the skatepark after Zeke M. Pierce; Bruno seconded the motion. The motion passed (6-0). There were some comments about placing a plaque recognizing Chaney's contributions to the park, and including Vail in the name as well. 6. Public Hearings 6.1. Design Review Board decision approving Booth Creek Park Redevelopment A call up hearing pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board approving the Booth Creek Park redevelopment (DRB160048), located at 2900 Manns Ranch Road (Booth Creek Park)/Lot 11, Block 1, Vail Village Filing 13 (DRB160048) Presenter(s): Chris Neubecker, Planning Manager Background: Town Council requested a call up hearing to review the conditional approval by the Design Review Board of the Booth Creek Park redevelopment. Mayor Chapin opened the public hearing at this time. There was a presentation by Chris Neubecker, Community Development and Todd Oppenheimer, on behalf of Town of Vail as applicant. There was discussion about the basis of the DRB decision and their noted concern the roof would not be maintained properly, and staff's recommendation that the living roof can be approved if properly maintained per requirements outlined in Title 12 & 14 of the Code. Public comment was invited and Robin Birch, neighborhood resident, spoke about her concerns with the grass roof, i.e. the costs, plant failure on green roof, how many days of the year will this be green and beautiful. There were no further comments and the public hearing was closed. There were no further staff or council comments at this time. Moffet moved to approve, with conditions, the application for Design Review for the Booth Creek Park redevelopment (DRB160048), located at 2900 Manns Ranch Road (Booth Creek Park)/Lot 11, Block 1, Vail Village Filing 13, with the condition that "The grass roof on the restroom building shall be changed to a flat membrane roof with gravel ballast." There was not a second to the motion. Cleveland moved that the Town Council hereby modifies the decision of the Design Review Board concerning the application for Design Review for the Booth Creek Park redevelopment (DRB160048), located at 2900 Manns Ranch Road (Booth Creek Park)/Lot 11, Block 1, Vail Village Filing 13, with removal of the condition of approval that "The grass roof on the restroom building shall be changed to a flat membrane roof with gravel ballast", and that the Vail Town Council hereby approves the application for Design Review for the Booth Creek Park redevelopment (DRB160048),as originally submitted by the Applicant to the Town of Vail, including the living roof on the restroom building, with a new condition of approval to read as follows: Town Council Meeting Minutes of May 3,2016 Page 4 `If at any time the living roof on the restroom building is not maintained with live grasses and/or live forbs per the approved plans for a period greater that one (1) year, the applicant shall replace the living roof system with a new roof material in compliance with the requirements of Title 12 and Title 14 of the Vail Town Code.'" Bruno seconded the motion. Chapin summarized the motion "to keep the grass roof only if it is maintained." Some members expressed concerns with this direction. There was a suggestion to resubmit the application if this action did not meet expectations on the topic. The motion was voted on and passed (4-2; Chapin and Moffet opposed). There being no further business to come before the Council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned at 8:15 p.m. Res•ectfully .ub i -•, cI Attest: /141i1 • -ve hapin, Ma. or ' V Patty To n - :......... • 'cL��, • • „�, r o; L . , • ' • '� O•'••.....•'• ” �ORADD Town Council Meeting Minutes of May 3,2016 Page 5 Vail Town Council Meeting Minutes Tuesday, May 17, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem 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 1. Citizen Participation Michael Cacioppo, candidate for State House of Representatives District 26, expressed support for affordable housing discussions with regional stakeholders, including USFS, to build housing for resort employees. Emily Tamborino, WMC, communications manager, supported partnership with Starting Hearts in their effort to purchase and place defibrillators around Vail and the region. Alan Himelfarb, Starting Hearts, thanked Town of Vail for their support and spoke about the launch of their partnership with Eagle County School District related to training programs they will implement together. Rick Arnold, Holy Cross Energy, presented their disbursement check ($193K)for the funding of community enhancement projects implemented in local communities. He spoke briefly about the outcomes of this program. 2. 2. Appointments for Boards and Commissions 2.1. Vail Local Licensing Authority Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint members to Vail Local (Liquor) Housing Authority or conduct final interview on June 7 and then make appointments. The appointments were rescheduled to June 7 so that two candidates could be interviewed. 3. Consent Agenda 3.1. Resolution No. 17, Series of 2016, A Resolution Approving an Intergovernmental Agreement between the Eagle County Housing and Development Authority and the Town of Vail for Certain Housing Administrative Services, and Setting Forth Details in Regard Thereto. Town Council Meeting Minutes of May 17,2016 Page 1 Background: The Town of Vail is in need of certain housing administrative services. The Eagle County Housing and Development Authority is willing and capable of providing housing administrative services to the Town of Vail. An intergovernmental agreement is needed to properly contract for the services to be completed. The proposed agreement outlines the terms under which the work is to be completed. The agreement expires on its terms on December 31, 2016. The two parties may choose to enter into a new agreement in 2017 if determined to be mutually beneficial. 3.2. Resolution No. 18, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and USDA, Forest Service White River National Forest's Eagle/Holy Cross Ranger District Regarding the Control and Eradication of Noxious Weed and Invasive Plant Species; and Setting Forth Details in Regard Thereto Background: In the March 2016 Supplemental Budget Request, the Town Council approved $15,000 to partner with the U.S. Forest Service (USFS) to control the spread of noxious weeds. 3.3. Resolution No. 19, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail. Colorado and the Colorado Department of Transportation Regarding Sediment Control Disposal Area on the North Side of Interstate 70 at Approximately M.P. 178- 179; and Setting Forth Details in Regard Thereto Background: The Intergovernmental Agreement defines roles and responsibilities for the Town and Colorado Department of Transportation for the sand storage berm in East Vail. 3.4. Resolution No. 20, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail, USDA, Forest Service Eagle/Holy Cross Ranger District Regarding the Town of Vail Hazardous Fuels Reduction Project; and Setting Forth Details in Regard Thereto Background: During the first budget supplemental of 2016 Council approved funding of phase one of the Intermountain Fuels Reduction Project (also referred to as Town of Vail Hazardous Fuels Reduction Project) in the amount of$63,700. This Intergovernmental Agreement sets forth the conditions for the transfer of funds to the U.S. Forest Service to initiate this project. 3.5. Resolution No. 21, Series of 2016, A Resolution Approving any Intergovernmental Agreement Between the Town of Vail and Other Colorado Governmental Agencies Regarding Mutual Fire Aid; and Setting Forth Details in Regard Thereoto 3.6. Request to Award Construction Contract for Booth Creek Park Redevelopment and Golden Peak Sport Courts Background: The purpose of this item is to request the Town Council direct the Town Manager to enter into a construction contract with RA Nelson, LLC. in an amount not to exceed $1,971,054.27 for the construction of improvements to Booth Creek Park and the Golden Peak Sports Courts (Pickleball Courts). Moffet moved to approve the consent agenda outlined above; Foley seconded the motion and it passed (7-0). 4. Town Manager Report There were no items reported on at this time. Town Council Meeting Minutes of May 17,2016 Page 2 5. Presentations/ Discussion 5.1. Vail Youth Recognition Award Presenter(s): Scott O'Connell, Vail Valley Exchange Action Requested of Council: Present local students with Vail Youth Recognition Award. Background: The purpose of the award is 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. The Vail Town Council created this award to acknowledge and reward students from our community schools. O'Connell presented the awards on behalf of the Vail Valley Exchange and Town of Vail to students Lydia Routolo who attends Battle Mountain High School and Lyle Shipp who attends Vail Mountain School. 5.2. Update on KAABOO-Vail Music Experience August 18-20, 2017 Presenter(s): Mike Imhoff, Vail Valley Foundation, Bryan Gordon, KAABOO Action Requested of Council: Feedback and input requested but no formal action requested at this time. Will request formal approval by Council to proceed with this project at first meeting in June 2016. Background: VVF and our partner KAABOO have had a myriad of meetings since the last council update (April 5) with all primary Vail community interested parties and groups that may be impacted by our KAABOO-Vail project. As part of the materials, WE has drafted a detailed vision and plan with a 90 day action steps for council review. KAABOO Music Experience is not a music festival, but an experience catering to a specific audience and consumer over a three day weekend in Vail. The event offers fine dining, comedy, premium spirits, craft breweries, VIP experiences, and live music. Mason recused herself from the discussion of this item due to conflict of interest. Mike Imhof, VVF, presented an overview of the music experience proposal and noted their interest in hearing from the community. He noted their schedule to present to Vail Recreation District, Betty Ford Alpine Garden and the Nature Center in the near future. Joe Stiles, KAABOO, project manager& environmental designer, presented details about the event, including a review of the site plans and design of the event. Chapin invited public input at this time. Bob Armour, expressed concern about impacts due to number of attendees, length of festival, the impacts on the fields, and concern about multi year commitment to such an event. Too big for Vail! Margaret Rogers, resident, expressed several concerns about the event related to displaced park users, the park should not be limited to just one event per the parks master plan, too little time to review the proposal, and concern about multi year commitment. She expressed that she loved the idea, but the Ford Park location is of great concern. Chris Romer, Vail Valley Partnership, expressed support of the event which is aligned with the mission of the Commission on Special Events and brand of Town of Vail, the target Town Council Meeting Minutes of May 17,2016 Page 3 market, the drive for destination visitors, time of year. He also noted and understands the concerns being expressed about impact on fields and Vail in general. Rayla Kundolf, business owner and resident, expressed support for the event, thinks it is the right target market, encouraged businesses get involved in the event, meets Vail's brand, need the iconic event, Vail has always worked through the challenges large events bring. Michael Staughton, Vail Business owner and Chamber member, expressed concern about the timing for the decision is too short, concerned about displaced users, must take care of Vail first. Michael Cacioppo, expressed that he has not reached a final opinion until more public input is received although is concerned that guidelines are not being followed. Johannes Faessler, Sonnenalp Hotel, expressed support of the event from a business perspective, likes the multi year commitment and potential that would bring to attract new guests, encouraged the VVF to work with the town to host such an event. Skip Thurnauer, VLMDAC member, and as a resident supports the event, the timing, the market and it would be excellent to have this event to help with summer business. Ross Cohen, resident and business owner, supports the event which would attract next generation and would serve as an epic event but would want to ensure the event promoters work with the local business owners to include them in the event. Gwen Scalpello, resident, concerned about Ford Park impacts with length of the event, the displaced users, impacts on transportation, roads, parking, area resident, and the timing placed on the decision. Nicola Ripley, BFAG, requested adequate time to review the proposal, but sees many challenges with the proposal. Heidi Biele, resident, expressed support of the event which would create a great venue for Vail in offering a music experience. Doe Browning, resident and trustee of BFAG, expressed concerns about the music festival and market that is attracted, would like to request support from the event producers to help them offset the impacts to BFAG and its users. Chapin noted no decision was being made at this time; there were several comments made by Council as follows: ✓ There was support of the proposal but much work would need to be done to work through the impacts and challenges ✓ There would need to be participation and decisions made by VRD and BFAG and Nature Center before any final decision would be made ✓ This may serve as an iconic event for Vail ✓ Proposal deserves a thorough vetting identifying problems and potentials and most did not support the need for a decision by June 10, requested an eight week delay ✓ Some concern about a multi year contract and commitment Town Council Meeting Minutes of May 17,2016 Page 4 ✓ The town should not take any financial risk with the event ✓ Must be attention paid to the environment and sustainability and a zero waste event ✓ Must be a thorough evaluation of the impacts on the turf ✓ What is VVF role in the implementation of the event ✓ Must understand the impacts on displaced users Again, it was noted there would be more opportunities scheduled at public meetings for the public to comment on the event proposal. Jen Mason returned to the meeting at this time. 5.3. Slifer Square - Update Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: To provide feedback to in regards to Council's preferences for change to Slifer Square and direct to staff to begin the process for procurement of design services for the project. Background: Staff will update the Town Council on the results from the public meeting held on March 29, 2016. Todd Oppenheimer, Landscape Project Architect, reported on the public meeting held for the Slifer Square project. In summary, those attending asked that the natural character and flow of the area be maintained but any improvements in functionality and aesthetics would be welcomed. Council presented some feedback related to suggestions as follows: ✓ Bus stop area improvements both physically and operationally ✓ Water quality and infiltration improvements ✓ Maintain natural existing character of the area ✓ Maintain the ability to use the fountain area with improved areas for sitting around the fountain Oppenheimer noted that a project scheduled would be drafted based on this input, the design work, and ability to begin construction either yet this year or next spring. 6. Action Items 6.1. Welcome Centers/Host Program Request for Proposal (RFP) Presenter(s): Stan Zemler, Town Manager and Suzanne Silverthorn, Director of Communications Action Requested of Council: Approve and/or modify a request for proposal (RFP) and selection process for management of Vail's Welcome Centers, the Volunteer Community Host Program and Guest Welcome Services beginning October 1, 2016. Background: To prepare for future operation of the Welcome Centers and Community Host Program, the Town Council has directed staff to prepare a Request for Proposal in which respondents will describe how best to use the town's resources"to create a five-star customer experience." Silverthome reviewed the purpose of the discussion on the welcome centers/host programs and offered the following goals: 1) Ideas for expansion of services offered in the welcome centers 2) Increased utilization of the facilities 3) 10 goal areas were identified Town Council Meeting Minutes of May 17,2016 Page 5 4) It was requested to shorten the mission with a scaled back intent— 5) Issue the rip but give the responder the opportunity to define the 5 star customer experience 6) Drafted an rip is in the packet w/a timetable The amended RFP document was reviewed and the town council would still serve as the selection committee throughout the process. There were comments that the scope of the RFP should allow the vendor to explain "what they will be doing for the town" and not what the town wants the vendor to do. Moffet moved to approve the RFP amended document and evaluation process to include Town Council as the selection committee. Bruno seconded the motion and it passed (7-0). 6.2. Ordinance No. 10, Series of 2016, First Reading,An Ordinance Amending Chapter 7 of Title 5 of the Vail Town Code Concerning the Liability for Costs Associated with the Town's Provision of Fire Protection Services to Properties Located Outside Town Boundaries Presenter(s): Mark Novak, Fire Chief Action Requested of Council: Approve, amend or deny Ordinance No. 10, Series of 2016 on first reading. Background: This ordinance will amend existing Town Code to clarify specific issues related to providing emergency services to parties outside the municipal limits of the Town of Vail. Chief Novak noted the following changes to Chapter 7 of Title 5 of the Town of Vail Code proposed in Ordinance No. 10 are: • 5-7-2 (A) Clarifies that requests for service in areas outside the municipal limits of the Town of Vail do not necessarily originate with the Eagle County Sheriff • 5-7-2 (D) Clarifies billing procedures and liability for payment for response to properties outside the municipal limits of the Town of Vail. He also suggested staff would submit a separate resolution amending the current fee structure for response to properties out of the municipal boundaries of the Town of Vail at the June 7, 2016 Town Council meeting. There was some discussion about the need to codify this topic, the suggestion to change"shall to may" on the first page, 5-7-2 A, the liability section of the ordinance, and the possibility of seeking funding from USFS since these homes are outside of town boundaries. Moffet moved to approve Ordinance No. 10, Series of 2016, First Reading, An Ordinance Amending Chapter 7 of Title 5 of the Vail Town Code Concerning the Liability for Costs Associated with the Town's Provision of Fire Protection Services to Properties Located Outside Town Boundaries, with a revision to include "may" instead of"shall" in Section 5-7-2 A. Bruno seconded the motion and it passed (7-0). There was no public input. 6.3. The owner of the multi-use Vista Bahn Building, located at 298 Hanson Ranch Road, requests permission to proceed through the Conditional Use Permit process for an outdoor patio on Town of Vail property in the Commercial Core I (CC1) Zone District. The Vail Town Code refers to outdoor dining/seating as"Outdoor Patio" in reference to permitted and conditional uses in the Commercial Core I (CC1)Zone District. Presenter(s): Jonathan Spence, Planner Town Council Meeting Minutes of May 17,2016 Page 6 Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of an outdoor patio. This utilization of Town of Vail property would be subject to the terms of a revocable ROW permit and lease agreement and could be discontinued and removed if required to do so. Background: The Vail Village Design Considerations recognize outdoor patios as a potential positive contributing factor in the creation of a strong streetscape framework. Chris Neubecker, Planning Manager, presented the business request on behalf of the property owner. After some discussion about the process and likely outcome of a"lease agreement"with the property owner, it was determined there have been these kinds of requests in the past and there was support of the request. It was noted there would be ample room for emergency personnel and equipment to access this area if turned into an extended patio space. Moffet moved to direct staff to sign the application to proceed through the Conditional Use Permit process for an outdoor patio on Toyryn,ofVail property in the Commercial Core I (CC1) Zone District. The Vail Town Code re+ rs; o'outdoor dining/seating as "Outdoor Patio" in reference to permitted and condition fifi uses in the Commercial Core I (CC1) Zone District. Foley seconded the motion and it pasted-(7-cI/:Tf was no public input. 7. Public Hearings w_ •. 7.1. The applicant Karja LLC, represented by'lfilr*, tis, AIA, NDG Architects, Inc, requests an appeal of the final decision of the Town of Vail Panning and Environmental Commission denying a request for a variance to allow for the construction of a trash enclosure within the front setback for the property located at 265 Forest Road Presenter(s): Matt Panfil, Planner Action Requested of Council: Uphold, uphold with modifications, or overturn the Planning and Environmental Commission decision. Background: Based on the existing topography of the site and the lack of a reasonable alternative location for a trash enclosure, the applicant requests an appeal of the Planning and Environment Commission decision. The public hearing was opened by Chapin. Staff presented the application request for a trash enclosure within the front setback of the property located at 265 Forest Road which was denied by PEC. Rick Fields, landscape architect, and Bill Nutkins, architect, presented on behalf of the property owner. There was some discussion about the owners preference to place the trash cans in between the buttress areas of the wall and requested an appeal to the PEC decision. Public comments were invited at this time; there were no comments. The public hearing for public input was closed. There were no further comments from the representatives of the appellate. There was some discussion about whether the applicant met the criteria established when granting such a variance; there did not seem to be any hardship identified. Moffet moved to uphold the decision of the Planning and Environmental Commission to deny the application for a variance request for the construction of a trash enclosure within the front setback located at 265 Forest Road /Lot 21, Block 7, Vail Village Filing 1", with the following findings: "The Vail Town Code was properly applied in regard to the Planning and Town Council Meeting Minutes of May 17,2016 Page 7 Environmental Commission denial of the requested variance associated with application PEC16-0012, and located at 265 Forest Road/ Lot 21, Block 7, Vail Village Filing 1." Cleveland seconded the motion and it passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:45 p.m. Respectfully Submi ted, lip e 1 Ii - Attest: I-,ve Chapin, 1 - :r V I _i/Pay _ ny T:3.�_ —O:•.N•OF bq`,1 • : SEAL :• I • ,II l O•• ••••••••r `‘�LORPV> Town Council Meeting Minutes of May 17,2016 Page 8 Vail Town Council Meeting Minutes Tuesday, June 7, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:10 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern 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 1. Citizen Participation Mike Cacioppo shared that he is running for State House Representative for District 26. He commented on several topics, 1) the caucus system and Colorado delegate process, 2) the process for selecting judicial judges. Karl Fauland, resident on Geneva Drive, Matterhorn neighborhood, shared neighborhood concerns about the conditions that exist in various locations; he presented slides that depicted possible code violations. He requested assistance in helping to clean up the area noting that some of the properties may not be in compliance with town codes, showing the slides that depicted excessive trash, large dumpsters, old vehicles, improper parking, illegal fences, hot tubs. 2. Appointments for Boards and Commissions 2.1. Vail Local (Liquor) Licensing Authority Appointments Mayor Chapin recused himself from the appointment process noting a conflict of interest. Bruno moved to appoint Craig Arseneau and Michael Hannigan to the VLLA to terms ending June 2018; Foley seconded the motion and it passed (7-0). 3. Consent Agenda 3.1. Resolution No. 22, Series of 2016, Fee in Lieu is one of a number of"methodologies" of mitigation of the employee housing requirement cited in Town Code for Commercial Linkage (Section 12-23-6) and Inclusionary Zoning (Section 12-24-6). Background: In accordance with Vail Town Code Sections 12-23-6 and 12- 24-6 the fee in lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council. Bruno moved to approve Resolution No. 22; Langmaid seconded the motion which failed with no supporting votes. There was discussion about the need to adjust the formula as it is Town Council Meeting Minutes of June 7,2016 Page 1 too low. Cleveland moved to table Resolution No. 22 until further review would be made of the formula; Foley seconded the motion and it passed (7-0). 3.2. Resolution No. 23, Series of 2016, A Resolution of the Vail Town Council Establishing Fees for Permits and for Fire Protection Services Outside of the Town's Boundaries Background: Resolution No. 23, Series of 2016, amends the current fee structure for fire department response to properties outside the municipal limits of the Town of Vail. These changes are based upon Town Council direction. Bruno moved to approve Resolution No. 23; Foley seconded the motion and it passed (7-0). Fire Chief Novak explained the fee calculation for the permits per the exhibit and noted the State could be conducting the review of the fire sprinkler component of plans. 3.3. Release of a deed restriction from an existing employee housing unit located at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road Background: A request for the release of a deed restriction from existing employee housing unit located at Lot A, of SDD#34 also known as 1631 Buffehr Creek Road in exchange for a fee in lieu payment for 837 square feet pursuant to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Moffet move to "The Vail Town Council authorizes the Town Manager to execute a deed restriction release and approves 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 A, of SDD#34 also known as 1631 Buffehr Creek Road, in exchange for a fee in lieu payment for 1674 square feet, and setting forth details in regard thereto." Bruno seconded the motion and it passed (7-0). There was a request to change this law immediately as there are unintended consequences with the current formula. 4. Town Manager Report There were no items reported on at this time. 5. Presentations / Discussion 5.1. KAABOO Festival Staff Update Presenter(s): Town Staff Background: VVF and KAABOO representatives presented information about their proposal to bring "KAABOO — a music experience" to Vail at the April 5 and May 17 town council meetings. On May 22nd they announced a change to the venue to exclude the Ford Park lower bench area amid concerns from Betty Ford Alpine Gardens and TOV. They also held two public meetings on May 26th for the community at large Jen mason recused herself from the discussion due to conflict of interest since her employer is the Vail Valley Foundation. Zemler presented some highlights related to staff considerations (outlined in the packet memo) as follows: ✓ The event permitting process ✓ Impacts from production schedule ✓ Impacts from event attendance ✓ Impacts on parking / transportation Town Council Meeting Minutes of June 7,2016 Page 2 ✓ Impacts on town assets ✓ Impacts on economy ✓ Vail Brand ✓ Impacts on current events calenda ✓ Impacts to Ford Park user groups ✓ Input receives on the topic to date as mixed ✓ Process by VRD and TOV for future pubic hearings The following considerations were proposed by staff as well: 1. TOV receives a fully-prepared permit application from KAABOO/VVF. 2. TOV and VRD conduct a thorough analysis on the proposed use of the turf at Ford Park and the soccer field from appropriate experts. 3. Town Council and VRD hold a public meeting July 14 when residents have returned. 4. If the VVF requests funding from the TOV during the 2017 budget process, the budget adoption does not occur until November of 2016. There was public input as follows: Matt Morgan, Restaurant owner (Sweet Basil and Mountain Standard) supported trying to continue working through the challenges and thinks the event would align well with the Vail brand. Mike Imhoff, VVF, spoke about the public input process which would include more opportunities and spoke about the KABOO operations plan that would address the impacts and challenges. Brian Gordon, KABOO event promoter, thanked the town council and the community for its input on the event and addressed such as the brand, the event components, the impacts of the event and their effort to mitigate and minimize the risk of the impacts. Chapin noted the town staff, VVF and promoter would continue to review the proposal and no final decision would be made until 5.2. East Vail Water Quality Projects Presenter(s): Chad Salli, Project Engineer Action Requested of Council: Input and Direction Background: The Town received a CDOT grant for water quality improvements at three sites in East Vail along 1-70, two at MM 182 and the largest one at the East Vail interchange at MM 180. The design team is kicking off the projects with public input and a review of the project goals and design direction. Staff Recommendation: Provide staff with input and affirmation of the design direction Salli noted the purpose of this discussion is to update the Town Council in regards to the landscape and water quality improvements project at the East Vail interchange. The Gore Creek Water Quality Improvement Plan identifies the need for water quality improvements in East Vail as a result of highway runoff from 1-70 and 1-70 Frontage Roads. The two largest priority improvements include water quality facilities at the 1-70 East Vail MM 180 interchange and along Town Council Meeting Minutes of June 7,2016 Page 3 Gore Creek at 1-70 MM 182 near the Gore Creek campground overpass. The process and schedule:: • June 7, 2016 Public Open House & Town Council Update • July* Conceptual Design Public Open House • July 19, 2016* Town Council: Design Concept Review • July 20, 2016* Design Review Board • Aug.-Oct. 2016* Preliminary Design • Nov. — Feb. 2017* Final Design • May-Nov. 2017* Construction Council comments about the project were provided and included such suggestions as: D prefers a more native look than more manicured D keep the purpose in mind that it is a water quality project primarily 6. Action Items 6.1. Ordinance No. 9, Series of 2016, First Reading, An Ordinance Amending Chapter 4 of Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric Assisted Bicycles on Bicycle and Pedestrian Paths in the Town Presenter(s): Gregg Barrie, Senior Landscape Architect and Matt Mire, Town Attorney Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 9, Series of 2016 upon first reading Background: The Vail Town Council directed staff to prepare an ordinance for a trial period for the remainder of 2016 to allow e-bikes on Town of Vail paths. Moffet moved to approve Ordinance No. 9, First Reading, An Ordinance Amending Chapter 4 of Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric Assisted Bicycles on Bicycle and Pedestrian Paths in the Town with a request to review the impacts of the 750 vs. 500 wattage bicycles and report on its differences and impacts at the next meeting. Bruno seconded the motion and it passed (7-0). There was consensus about the ordinance language to review the legislation and the use of the electric bikes in six months to see if it is working in the community. 6.2. Ordinance No. 11, Series of 2016, First reading, An ordinance repealing and reenacting Ordinance No. 11, Series 2014, which adopted the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn, Phase III) /Lot 0, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Town Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2016, upon first reading. Background: The applicant, Lublan S.A, represented by Eggers Architecture, Inc., is requesting a recommendation to the Vail Town Council on a revision to a major amendment Town Council Meeting Minutes of June 7,2016 Page 4 to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area and a change in project scope to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3). Staff Recommendation: The Planning and Environmental Commission forwarded a recommendation of approval on a revision to a major amendment to SDD No. 6, Vail Village Inn on May 9, 2016 with a vote of 3-1-0, (Rediker opposed) Moffet moved to approve Ordinance No. 11, Series Of 2016, an ordinance repealing and reenacting the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3) /Lot 0, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Bruno seconded the motion and it passed (7-0). The conditions and finding outlined in the memo were applied to this decision. There was no public input on this topic. 6.3. Request to Award Construction Contract for Renovation of the East Vail Fire Station. Presenter(s): John King, Facilities Manager, Mark Novak, Fire Chief Action Requested of Council: Authorize the Town Manger to enter into a construction contract with MW Golden for the renovation of the East Vail Fire Station Background: In January of 2016, Council approved completion of construction documents for the renovation of the East Vail Fire Station as well as the release of an RFP for preconstruction services. Construction documents have been completed, and the building permit is ready to be issued. The next step to move this project forward is to award the construction contract. The project consists of the following components: 1. Addition of 1770 square feet of new building space. In the current configuration, fire apparatus are parked within inches of the back wall and front door. 2. Addition of a new Employee Housing Unit (EHU) and renovation of the existing EHU. Employees who hold "critical" positions will be given priority when leasing these units. 3. Creation of a separate entry for the EHUs. 4. Abandoning the existing driveway and creating a new driveway on the opposite side of the building. 5. Replacing the existing emergency generator and creating an exterior enclosure for the emergency generator. 6. Mitigation of existing snow removal and ice accumulation problems on the front apron. 7. Removal of street-side parking spaces 8. Installation of storm-water treatment system Proposed project schedule • Contract awarded June 2016 • Construction initiated June 2016 • Apparatus bays/duty quarters completed October-November 2016 • EHU's/office space completed December 2016/January 2017 Town Council Meeting Minutes of June 7,2016 Page 5 Staff Recommendation: Authorize the Town Manger to enter into a construction contract with MW Golden for renovation of the East Vail Fire Station. Moffet moved to authorize the Town Manager to enter into a contract for construction services at the East Vail Fire Station for the amount of, and not to exceed, $3,274,229, and include in the in the July 2016 budget supplemental $1,950,000 for the renovation of the East Vail Fire Station and $543,000 to renovate one EHU and to construct one additional EHU using funds from the Housing Fund. Bruno seconded the motion and it passed (6-1; Cleveland — no). . 7. Public Hearings 7.1. Ordinance No. 13, Series of 2016, An Emergency Ordinance Adopting a Temporary Moratorium on Accepting Fee-In-Lieu Payments in Exchange for Release of a Deed Restriction from an Existing Employee Housing Unit or to Satisfy Employee Housing Mitigation Requirements Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 13, Series of 2016, as read Background: On May 17, 2016, the Vail Town Council held a joint work session with the Vail Local Housing Authority to discuss possible next steps with regard to establishing an updated fee in lieu policy. During the work session the idea of establishing a moratorium on the acceptance of fee in lieu as a method of mitigation was briefly discussed. Following discussion, the Vail Town Council instructed staff to return at the next public hearing with an ordinance proposing a moratorium on the acceptance of fee in lieu for a temporary period. Staff Recommendation: The Community Development Department recommends the Vail Town Council denies Ordinance No. 13, Series of 2016. Please see the staff memorandum to the Vail Town Council dated June 7, 2016 for more detail. Chapin opened the public hearing at this time. Ruther presented some of the objectives the legislation was written to achieve as follows: 1. Establishes a temporary moratorium on the acceptance of fee in lieu as a method of mitigation for ehu exchange requests and employee housing mitigation requirements of more than 438 square feet in size or one employee or greater from June 8, 2016 to December 6, 2016, unless repealed or extended. 2. Restricts the Town from accepting or processing any applications requesting the use of fee in lieu as a method of mitigation of an employee housing requirement of more than 438 square feet in size or one employee or greater from June 8, 2016 to December 6, 2016, unless repealed or extended. 3. Affords the community additional time to gather information and investigate, evaluate and update the options for amending the Vail Town Code to further regulate or prohibit fees-in- lieu of payments authorized under Code Sections 12- 13-5(D), 12-23 and 12-24. Public input was heard from Dean Cole who expressed interest in the topic because he is an owner's representative on a project that would be affected by the legislation. Moffet moved to approve Ordinance No. 13, Series of 2016, An Emergency Ordinance Adopting a Temporary Moratorium on Accepting Fee-In-Lieu Payments in Exchange for Town Council Meeting Minutes of June 7,2016 Page 6 Release of a Deed Restriction from an Existing Employee Housing Unit or to Satisfy Employee Housing Mitigation Requirements. Cleveland seconded the motion and it passed (7-0). 7.2. Ordinance No. 10, Series of 2016, Second Reading, An Ordinance Amending Chapter 7 of Title 5 of the Vail Town Code Concerning the Liability for Costs Associated with the Town's Provision of Fire Protection Services to Properties Located Outside Town Boundaries Presenter(s): Mark Novak, Fire Chief Action Requested of Council: Approve, deny or modify Ordinance No. 10 Series of 2016 on second reading. Background: Ordinance No. 10, Series of 2016 modifies Chapter 7 of Title 5 of the Vail Town Code to clarify certain provisions regarding fire department response to properties outside the Town of Vail municipal limits. Staff Recommendation: Approve Ordinance No. 10, Series of 2016 on second reading. Moffet moved to approve Ordinance No. 10, Series of 2016, Second Reading, An Ordinance Amending Chapter 7 of Title 5 of the Vail Town Code Concerning the Liability for Costs Associated with the Town's Provision of Fire Protection Services to Properties Located Outside Town Boundaries. Cleveland seconded the motion and it passed (7-0). It was noted the ordinance was written to help provide better clarity to language and support enforcement efforts; there was a request to change "shall to may". 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 8:15 p.m. Respectfully .ub itt-•,I Attest: _ ..__• A eve Chapi , Ma 'oV alb ,....�� Patty a ny, own C �WN•�PL�h stilt ES I • l i i+ i / 0�. ; • ���1104'......... 0RADO_= Town Council Meeting Minutes of June 7,2016 Page 7 Vail Town Council Meeting Minutes Tuesday, June 21, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 1:00 P.M. by Mayor Dave Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Matt Mire, Town Attorney Patty McKenny, Town Clerk Absent: Stan Zemler, Town Manager 1. DRB/ PEC Update 1.1. DRB/PEC Presenter(s): Chris Neubecker, Planning Manager There were no town council call ups of items reviewed. 2. Presentations / Discussion 2.1. Dowd Junction Bike Path Retaining Wall Replacement Repair Update Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: None-informational only Background: In 2010 a portion of the Dowd Junction Bike Path retaining wall failed as a result flooding and undermining of the wall. A temporary fix was put in place that spring to reopen the bike path and support the underlying sanitary sewer main. The retaining wall is now in need of full replacement. A design IGA was entered into this past winter between the Town and ERWSD to begin design on the wall replacement. The design is now close to completion and is currently going through the approval process. No action was taken on this item. 2.2. Meet with Vail Economic Advisory Council (VEAC) for DestiMetrics Mountain Travel Update Presenter(s): Ralf Garrison, DestiMetrics After the presentation, there was some discussion with the VEAC members. Garrison presented on a number of items associated with 25 Vail properties totaling 2456 units addressing the bedbase, the attractions for guest, the consumer shifts, the occupancy stats, Town Council Meeting Minutes of June 21,2016 Page 1 summer business highlights, and ADR summaries. There was a preview of the software upgrades to a dashboard environment. 2.3. 2016 Community Survey and Employee/Employer Survey Results Presenter(s): Suzanne Silverthorn, Director of Communications and Chris Cares, RRC Associates Action Requested of Council: Review the top-level survey results from the surveys, ask questions and determine if other discussions are of interest as additional follow up. Background: The Town of Vail Community Survey is conducted every other year and is a key measurement used by the Town Council and staff to probe public policy issues and solicit feedback on other topics of community interest. It is also used to measure the town's operational performance. New this year, an Employer-Employee survey was conducted that offers additional insights on the topics of housing and transportation, in particular. Highlights presented included: • Survey approach • Response totals • Highlights of employer—employee survey • Survey methodology • Summary of ratings by department • Comments about numerous topics such as special events, parking, housing • Noted that further review of the "open-ended comments" could be reviewed with RRC software at: http://rrcinteractive.squarespace.com/tov Council comments were about the fact there may be too many surveys these days, there is a need to do more for local residents, a need to include more public discussion on topics, and the need to continue conducting the survey annually. 2.4. Town of Vail Municipal Operations Energy Consumption and Greenhous Gas Emissions Update Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council participate in the discussion and ask any pertinent questions or for additional information. Background: An update about action taken on the 2009 Environmental Sustainability Strategic Plan which established energy efficiency measures for the town to manage its energy and water consumption, and greenhouse gas emissions. The Environmental Sustainability Strategic Plan helps to fulfill the Vail Town Council's goal of growing a balanced community and supports the value of environmental stewardship. This review of the town's energy consumption provides an update on Goal #2: Energy, in terms of town government operations. Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to greenhouse gas emissions and impact on global climate change. There was interest in learning about options and strategies to address natural gas increases caused by snowmelt and staff continued to note that a multi faceted strategy would be required in order to continue decreasing the footprint. Town Council Meeting Minutes of June 21,2016 Page 2 2.5. CDOT Underpass Project Update Presenter(s): Karen Berdoulay, CDOT Region 3 Resident Engineer Matthew Figgs, CDOT Region 3 Project Manager Action Requested of Council: None-information only Background: As partners with the Town of Vail, CDOT will provide an update on the 1-70 Vail Underpass Project, as well as other surrounding CDOT projects. There was a question about how to address wildlife in Dowd Junction; CDOT noted that additional fencing would be constructed in the near future at Dowd Junction and Dotsero. 2.6. Presentation of the 2015 Audited Financial Statements for the Town of Vail Presenter(s): Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and Associates Action Requested of Council: The 2015 audited financial statements are presented for Council information; no action is requested. Background: In accordance with section 9.11 of the Vail Town Charter, an independent audit shall be made of all town accounts at least annually. The audit shall be conducted by certified public accountants and copies made available for public inspection at the municipal building. The 2015 audit was conducted by McMahan and Associates, LLC. There was a "clean opinion" presented by Jenkins, McMahan and Associates, serving as auditors of the Town of Vail. They have recently completed its audit of the 2015 Financial Statements for all funds. There were several comments by council members, 1) inquiry about possibly using fund balance to pay for housing projects, 2) kudos to the fact there are no unfunded pension liabilities, and 3) an inquiry about reviewing the financial structure of the General Improvement District No. 1 (related to Solaris Plaza). 2.7. Housing Strategic Plan Update Presenter(s): Alan J. Nazzaro, Housing Manager Action Requested of Council: None, discussion item Background: To keep Town Council informed as to the progress on the Housing Strategic Plan process. After some discussion about the public input received to date, there were requests about a review of the phase two of housing at public works property and a review of what opportunities for employee housing might exist in West Vail. The next public meeting would be held June 29 at which time the draft strategic housing plan would be presented. 3. Information Update 3.1. Vail America Days Activities— discussion about not throwing candy at parade. 3.2. VLMDAC memorandum on Destination Strategy Results with Updated Percentages 3.3. April 2016 and Ski Season Vail Business Review 3.4. Quarter 1 Investment Report Town Council Meeting Minutes of June 21,2016 Page 3 4. Matters from Mayor, Council and Committee Reports Foley expressed 1) concern about the changes in stops on Chamonix Lane due to construction and requested a red bus be run every 20 minutes, 2)the need for an update and some signage at the new LH skatepark, and 3) recognition of Greg Hall and Leonard Sandoval for their extra efforts at the Golf& Nordic Clubhouse construction site. Moffet expressed 2) the need to develop a strategy that addresses EHUs related to condominium associations and right of first refusal sales, 2) kudos on Go Pro Mountain Games, and 3) request to pursue some kind of music event for Vail, similar to a KABOO. Bruno expressed 1) support for further exploration of a music event for Vail, 2) Bravo! Vail begins this upcoming Thursday with incredible performance slated. Mason expressed the need for training of new staff at the parking garages and Ford Park parking lot. Cleveland noted 1) bike to work day and station located at Mayors Park, 2) inquired about when the Mayor's Park rock would be updated with recent mayors who have since served, 3) inquired about the need to construct something that favors bikes entering the street from the bike path in the Ski Club Vail and Vail Valley Drive area, 3) noted CML begins this week, and 4) asked about Epic Discovery activities. Chapin expressed some concerns from citizens in Red Sandstone who are concerned about the road construction in that area as being confusing and unsafe. 5. Executive Session 5.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b) -to receive legal advice on specific legal questions; Regarding: AT&T refund claim Presenter(s): Matt Mire, Town Attorney Moffet moved to convene to an Executive Session per 5.1 on the agenda and noted State Statutes; Foley seconded the motion and the session was conducted from 4:45 p.m. until 4:50 p.m. At this time Moffett noted that nothing other than the AT&T claim refund was discussed. 6.1 Recess was taken and the meeting convened again at 5 p.m. 7. Consent Agenda 7.1. Traffic Impact Fee Contract Approval Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve Contract with Tischler Bise Background: Staff is requesting that the Town Council authorize the Town Manger to enter into a contract with Tischler Bise to complete a traffic impact fee nexus study in order to evaluate and adopt traffic impact fees. Town Council Meeting Minutes of June 21,2016 Page 4 Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manger to enter into a contract with Tischler Bise in the amount of$56,320 to complete a traffic impact fee nexus study. Moffet moved to authorize the Town Manger to enter into a contract with Tischler Bise to complete a traffic impact fee nexus study in order to evaluate and adopt traffic impact fees.not to exceed $56,320. Foley seconded the motion and it passed (7-0). 8. Action Item 8.1. Ordinance No. 12, Series of 2016, First Reading, An Ordinance Amending Ordinance No. 14, Series of 2015, Adopting by Reference the 2015 Edition of the International Plumbing Code Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 12, Series of 2016. Background: The Vail Town Council adopted Ordinance No. 14, Series of 2015 in October of 2015. In doing so, the building codes of the Town of Vail were updated to the most recent version of the codes at that time. Since that time, the State of Colorado has adopted the 2015 Edition of International Plumbing Code, more commonly referred to as the "Colorado Plumbing Code". The purpose of this ordinance is to ensure the Town of Vail is up to date on the adoption of the most recent building codes. Staff Recommendation: The Community Development Department recommends the Vail Town Council adopts Ordinance No. 12, Series of 2016, as read. Langmaid moved to approve Ordinance No. 12, Series of 2016, First Reading, An Ordinance Amending Ordinance No. 14, Series of 2015, Adopting by Reference the 2015 Edition of the International Plumbing Code; Moffet seconded the motion and it passed (7-0). 8.2 Ordinance No. 14, Series of 2016 Snowberry Drive Right-of-Way Land Swap Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 14, Series of 2016 on first reading. Background: Request for a land swap of private property and town right of way, exchanging excess right of way for private property which has Snowberry Drive encroaching within it. Staff Recommendation: Approve Ordinance No. 14, Series of 2016 on first reading. Moffet moved to approve Ordinance No. 14, Series of 2016 Snowberry Drive Right-of-Way Land Swap; Bruno seconded the motion and it passed (7-0). 9. Public Hearing 9.2. Ordinance No. 9, Series of 2016, Second Reading, An Ordinance Amending Chapter 4 of Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric Assisted Bicycles on Bicycle and Pedestrian Paths in Town Town Council Meeting Minutes of June 21,2016 Page 5 Presenter(s): Gregg Barrie, Senior Landscape Architect and Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 9, Series of 2016 on second reading. Background: The Town of Vail desires to promote the use of electric assisted bicycles as an alternate mode of transportation and to encourage more people to complete trips by environmentally-friendly modes of transportation. Currently, the Vail Town Code does not permit electric assisted bicycles to be operated on bicycle and pedestrian paths. This ordinance will ensure the use of electric assisted bicycles as an alternate mode of transportation is safe, prudent and in the best interest of all users. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 9, Series of 2016 on second reading. Chapin opened the public hearing. Public input was noted from Gwen Scalpello who requested the ordinance be revised to only allow for 500 wattage electric bicycles in order to ensure lower speeds on paths. There was some discussion about how else to monitor and enforce these with signage and education by bike shops as well as clarify whether the bikes can be used on the Frontage Road. Moffet moved to table Ordinance No. 9, Series of 2016, Second Reading, An Ordinance Amending Chapter 4 of Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric Assisted Bicycles on Bicycle and Pedestrian Paths in Town until the July 5th meeting in order to address the questions. Foley seconded the motion and it passed. There were no further comments and the hearing was closed. 9.1. Resolution No. 22, Series of 2016, A Resolution Establishing the 2016 Payment of Fees in Lieu for Each Employee to be Housed, as Required by Chapter 12-23, Commercial Linkage, and for Each Square Foot, as Required by Chapter 12-24 Inclusionary Zoning, Vail Town Code, and Setting Forth Details in Regard Thereto Presenter(s): Alan Nazzaro, Housing Manager Action Requested of Council: Approve, approve with modifications or deny Resolution No. 22, Series of 2016 Background: The Town has not adjusted its administrative fee since it was established in 2007. The current averaging does not reflect present day conditions in the market. The AMI used currently doesn't reflect the wage levels of employees in the community. Staff Recommendation: Staff recommends that based upon the past discussions with Council that the Vail Town Council: Amend the Fee in Lieu calculation formula to reflect administrative fees corresponding to the average increase in labor cost to the Town of Vail over time as illustrated. Amend the Fee in Lieu calculation formula to remove the averaging of the fees with the two previous years to better reflect current market conditions. Amend the Fee in Lieu calculation formula to reflect an percentage of AMI, which more closely reflects current employee wages within the community by adopting the fee in lieu Resolution 22 Series 2016 with the fees calculated in Attachment B— 100%AMI. Chapin opened the public hearing. Moffet moved to approve Resolution No. 22, Series of 2016, A Resolution Establishing the 2016 Payment of Fees in Lieu for Each Employee to be Housed, as Required by Chapter 12-23, Commercial Linkage, and for Each Square Foot, as Required by Town Council Meeting Minutes of June 21,2016 Page 6 Chapter 12-24 Inclusionary Zoning, Vail Town Code, and Setting Forth Details in Regard Thereto, noting to include AMI as noted in Attachment C —80% AMI for 2016 Fee in Lieu Calculation Formula. Foley seconded the motion and it passed (7-0). There was no public input on this matter and the hearing was closed. 9.3. Ordinance No. 11, Series of 2016, Second Reading, An ordinance repealing and reenacting Ordinance No. 11, Series 2014, which adopted the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn, Phase III)/Lot 0, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto Presenter(s): Jonathan Spence, Town Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2016, upon second reading. Background: The applicant, Lublan S.A, represented by Eggers Architecture, Inc., is requesting a review of a revision to a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area and a change in project scope to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn Phase 3). Staff Recommendation: On June 7, 2016 the Vail Town Council approved Ordinance No. 11, Series of 2016 on first reading by a vote of 7-0. Chapin opened the public hearing. Moffet moved to approve Ordinance No. 11, Series of 2016, Second Reading, An ordinance repealing and reenacting Ordinance No. 11, Series 2014, which adopted the approved development plan for Phase III of Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an increase in gross residential floor area to facilitate additions to existing dwelling units, located at 100 East Meadow Units 501 and 502 (Vail Village Inn, Phase III)/Lot 0, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto, and noted to include the four conditions outline in the packet memo. Foley seconded the motion and it passed (7-0). There was no public input on this matter and the hearing was closed. 10. Citizen Participation 10.1. Citizen Participation Jonathan Levine, Vail Limousine, shared some concerns about non compliance at Lionsridge Apartments, Ubr service must be controlled, enforcement of snow tires on Vail Pass, the requirement of towing companies to provide certificates of insurance on business. Town Council Meeting Minutes of June 21,2016 Page 7 There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 5:25 pm. The members of Town Council were invited to attend Hot Summer Nights concert with Pilaseca, a band from Sisterhood City San Miguel de Allende. Respectfully Sub ild, I Attest: —.AI lin A —i ave hapin, Mayor V otAt .__ Pa Ma, To���. - 'N",„ - 4 0;H....O� `wi 1.. • '. : •r• i L . I'C1. •. •. ••••••• '` %ORAD° Town Council Meeting Minutes of June 21,2016 Page 8 Vail Town Council Meeting Minutes Tuesday, July 5, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem 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 1. Citizen Participation Stephen Connelly, resident, shared his comments on several topics, 1) housing to focus on locals and not on recruiting, 2) another perspective when reviewing events in keeping an open mind to solving challenges. Sanam Mehrnia introduced herself as an independent candidate running for Colorado District Attorney noting her website which has a great deal of information for the public, link: www.sanammehrnia.com. Michael Cacioppo spoke about his candidacy for Colorado State Representative's Office and commented on affordable housing and the need to put pressure on government officials and forest service for assistance in solving the housing problem when it comes to employees. Jennifer Teisinger, Caitlyn Murray, Bravo! Vail, presented an update on the success of the season and thanked Town Council for their support. Paul Rondeau, resident, inquired about the process and publication addressing public input and asked council to provide feedback on public comments. He also asked the town council to think "big and bold" when addressing housing issues. 2. Consent Agenda 2.1. Town Council May 3, 2016 meeting minutes Moffet moved to approve May 3, 2016 minutes; Bruno seconded the motion. It was noted to correct the spelling of resident Gwen Scalpello 's last name in the minutes. The motion passed (6-0; Foley abstained on the vote due to his absence from the meeting). 2.2. Town Council May 17, 2016 meeting minutes Town Council Meeting Minutes of Julys,2016 Page 1 I Moffet moved to approve the May 17, 2016 minutes; Foley seconded the motion and it passed (7-0). 3. Town Manager Report The Town Manager commented on the following upcoming community events: • Bighorn Park Community Picnic, July 12, 11:30 a.m. - 1:00 p.m. • Donovan Pavilion Community Picnic, August 9, 11:30 a.m. - 1:00 p.m. • Neighborhood Evacuation Drill, August 9, 2016 - ■ 50th Birthday Party, Donovan Pavilion, August 23rd at 4 pm 4. Presentations / Discussion 4.1. Public Comment on use of Lighted Pedestrian Crossing Safety Devices and Enhancements for Frontage Roads and Roundabouts Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: Listen to presentation and public input and direct staff. Background: At the June 7, 2016 Town Council meeting, the Pedestrian Safety Enhancements (memo attached) were presented and discussed. It was requested by Council to hold a public input session to gather additional input and concerns regarding the use of lighted Pedestrian Crossing Safety Devices. Staff presented a recap on some of the current pedestrian safety activities with video highlights of the locations showing proposed signage. Such locations were identified in the project budget shown below. The Mayor invited public input at this time. Paul Rondeau expressed interest in using signage that would be powered by solar energy rather than electricity. Stephen Connelly expressed concerns with the signage and was not favorable to any "flashing" signs and suggested fixing the parking problem first and then make decisions about signage. He asked if the town was getting complaints about the lack of lighting and what kinds of incidents were occurring. He requested more citizen and visitor involvement. Lou Meskimen suggested using lighting instead of flashing lighting in order to create more visibility of pedestrians. Bob Armour expressed his concerns about more signage and did not support flashing signs as it is creating a more urban environment. Gwen Scalpello shared her own pedestrian crossing experiences noting that flashing lights, if strategically placed, may actually help to create a safer crossing experience. Michael Cacioppo supported flashing lights for safety reasons. Bill Ray expressed support of technology and using a solar component to the installation. Public input was closed at this time. Council comments supported the following ideas: Town Council Meeting Minutes of Julys,2016 Page 2 ✓ Begin to implement the flashing lights strategically, addressing high risk areas first ✓ Use low flashing lights ✓ Ensure the final result is tasteful in its appearance and functional in its purpose ✓ Be sure to evaluate there are not too many signs in locations that have been identified, especially in the roundabouts ✓ Supports lighting crosswalks does help in safety for pedestrians ✓ Begin with only implementation of Phase One addressing the high volume crossing areas first The project budget by phases is identified below. PROJECT BUDGET The proposed budgets for capital improvements are as follows: Phase One Municipal Crosswalk Signs and Lighting: $105,000 W Lionshead Cir Crosswalk Signs and Lighting: $ 65,000 West Vail Mall Crosswalk Signs and Pavement Marking: $ 30,000 Main Vail Roundabouts • Crosswalk Signs $135,000 West Vail Roundabouts • Crosswalk Signs S 75,000 Total $410,000 Phase Two Vail Valley Drive Crossing Crosswalk Signs and Lighting $ 65,000 Glen Lyon Office Building Crosswalk Sign and Lighting S 75.000 Total $135,000 Future Lighting Phases Main Vail Roundabouts* • Enhanced Crossing Lighting $200,000 • Replace Entire Lighting System $625,000 West Vail Roundabouts* • Enhanced Crossing Lighting $150,000 • Replace Entire Lighting System $525,000 *These projects would be either one or the other and would be coordinated to work with CDOT and schedule construction wtien CDOT replaces the interstate ramp lighting over the next five years. In July, the council will be asked to fund the first phase of the pedestrian safety improvements for installation this fall totaling $410,000. The staff will request additional funds through the 2107 budget process for the remaining phases. The additional improvements will be requested to be phased over the next two to three years. There was council support to include only Phase One estimates of the lighted pedestrian crossing safety devices and enhancements for Frontage Roads and roundabouts as part of the supplemental budget for second reading. Town Council Meeting Minutes of Julys,2016 Page 3 • a 5. Action Items 5.1. Ordinance No. 15, Series 2016, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services, Timber Ridge Enterprise Fund, and Vail Marketing Fund Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No.15, Series 2016 Jan Mason recused herself from the agenda topic discussion due to conflict of interest with an application for funding from VVF; it was determined that Mason should stay and refrain from voting on the "funding request applications only. There were several questions related to items in the supplement budget, using VRA or CIP funds to pay for the public art, the Vail Resorts, Inc. master lease program at Timber Ridge, the Valley Home Store services, and a question about the collection of business fees to pay for housing. Since the discussion focused on the off-cycle contribution requests, Jenn Mason departed the meeting room at this time. The list of off-cycle funding requests are outlined below: 2016 Off-Cycle Contributions List: A. Vail Centre BACKGROUND INFORMATION: The Vail Centre is requesting $1,500,000 to finance the development of a dedicated lifelong learning facility at the Treetops building in Lionshead. There was support to review the request during the 2017 budget cycle. B.Vail Valley Foundation BACKGROUND INFORMATION: The Vail Valley Foundation is requesting $50,000 for the expansion of the America's Winter Opening Festival which would involve of the rollup of Snow Daze and the Birds of Prey events under the America's Winter Festival umbrella. The expended event would include beer tents, awards/bib draws, athlete signings, legend focused events, and public participatory events such as snow shoeing. There was a request to review additional details about the event that would require the additional funding at the next meeting. C.Vail Valley Foundation dba Vail International Dance Festival BACKGROUND INFORMATION: The Vail Valley Foundation is requesting $15,000 to fund the new Community Art Access Program launching summer 2016. The contribution would be used to provide complimentary access to experience live preforming arts to community members who otherwise would not have the opportunity. The item was not supported in light of the town already funding the VIDF programming. D.Vail Valley Charitable Fund BACKGROUND INFORMATION: Vail Valley Charitable Fund is requesting $25,000 for the Unveiled Calendar Fundraising event to support their Direct Aid Grant Program. The item was not supported as it did not meeting application criteria. There was public input given at this time by Peter Boucher, Vail Centre, requesting the town's consideration of a strategic partnership with their organization and requested future dialogue about supporting their mission. It was suggested to consider the Vail Centre's funding request during the 2017 budget cycle, gather more details about the VVF event, and not include funding for VIDF and WCF as it was not aligned with the town's role. Town Council Meeting Minutes of July5,2016 Page 4 � , r Jen Mason joined the meeting at this time. Moffet moved to approve Ordinance No. 15, Series 2016, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services, Timber Ridge Enterprise Fund, and Vail Marketing Fund. Foley seconded the motion and it passed (7-0). There were no funds included in the budget at this time from the non profit off cycle funding applications. 6. Public Hearings 6.1. Ordinance No. 9, Series of 2016, Second Reading, An Ordinance Amending Chapter 4 of Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric Assisted Bicycles on Bicycle and Pedestrian Paths in Town Presenter(s): Gregg Barrie, Senior Landscape Architect and Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 9, Series of 2016 on second reading. Background: The Town of Vail desires to promote the use of electric assisted bicycles as an alternate mode of transportation and to encourage more people to complete trips by environmentally-friendly modes of transportation. Currently, the Vail Town Code does not permit electric assisted bicycles to be operated on bicycle and pedestrian paths. This ordinance will ensure the use of electric assisted bicycles as an alternate mode of transportation is safe, prudent and in the best interest of all users. The public hearing was opened at this time. The Town Attorney noted a couple of changes from first reading, 1) wattage reduced from 750 watt motor to 500 watt motor, and 2) the language prohibiting the E-bikes on state highway systems was deleted, included the Frontage Roads. Public input was taken at this time and Lou Meskimen supported the legislation and encouraged the town to establish dismount areas in the villages and Gwen Scalpello expressed support for installing speed limit signs. The public hearing was closed at this time. Moffet moved to approve Ordinance No. 9, Series of 2016, Second Reading, An Ordinance Amending Chapter 4 of Title 7 of the Vail Town Code to Regulate Electric Assisted Bicycles and Allow Electric Assisted Bicycles on Bicycle and Pedestrian Paths in Town. Foley seconded the motion and it passed (7-0). It was also suggested that the town continue to evaluate appropriate areas for requiring dismounting of bicycles and skateboards in heavily pedestrian oriented areas. 6.2. Ordinance No. 12, Series of 2016, Second Reading, An Ordinance Amending Ordinance No. 14, Series of 2015, Adopting by Reference the 2015 Edition of the International Plumbing Code Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 12, Series of 2016. Background: The Vail Town Council adopted Ordinance No. 14, Series of 2015 in October of 2015. In doing so, the building codes of the Town of Vail were updated to the most recent version of the codes at that time. Since that time, the State of Colorado has adopted the 2015 Town Council Meeting Minutes of Julys,2016 Page 5 • fi Edition of International Plumbing Code, more commonly referred to as the "Colorado Plumbing Code". The purpose of this ordinance is to ensure the Town of Vail is up to date on the adoption of the most recent building codes. Staff Recommendation: The Community Development Department recommends the Vail Town Council adopts Ordinance No. 12, Series of 2016, as read. The public hearing was opened at this time. It was noted there were no changes with the ordinance from first reading. Moffet moved to approve Ordinance No. 12, Series of 2016, Second Reading, An Ordinance Amending Ordinance No. 14, Series of 2015, Adopting by Reference the 2015 Edition of the International Plumbing Code; Cleveland seconded the motion and it passed (7-0). There was not public input on this topic, the hearing was closed. 6.3. Ordinance No. 14, Series of 2016, An Ordinance Authorizing the Sale of Real Property Along Snowberry Drive, in Exchange for the Purchase of Real Property Along Snowberry Drive Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 14, Series of 2016 on second reading. Background: Request for a land swap of private property and town right of way, exchanging excess right of way for private property which has Snowberry Drive encroaching within it. Staff Recommendation: Approve Ordinance No. 14, Series of 2016 on second reading. The Town Attorney noted there were no changes made to the ordinance from first reading. Moffet moved to approve Ordinance No. 14, Series of 2016, An Ordinance Authorizing the Sale of Real Property Along Snowberry Drive, in Exchange for the Purchase of Real Property Along Snowberry Drive; Bruno seconded the motion and it passed (7-0). There was no public input as part of the public hearing on this ordinance. Moffet moved to convene to an Executive Session at 8 p.m. pursuant to: 1) C.R.S. §24-6- 402(4)(b)(e) - to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regarding: Review Welcome Center RFP Proposals and Comcast Update; 2) C.R.S. §24-6-402(4)(b) —to receive legal advice on specific legal questions Regarding: Funding Allocations; Foley seconded the motion and it passed (7-0). The executive session adjourned and the regular meeting reconvened. Moffet noted the only items discussed were those referenced in the motion for executive session. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:20 p.m. - :- -uull e., Attest: . ap'•, -y� Pattyay,ny, Ti I- k Town Cou eetin_, inutes of Jul 5,2016 Page 6 Vail Town Council Meeting Minutes Tuesday, July 19, 2016 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 Tern Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Bob Armor, resident, expressed frustration with Comcast's service. Armor's neighborhood has had several blackouts and felt the consumers are not getting the service they deserved. Additionally, Armor informed Council there were 117 signs from the West Vail roundabout area to the main Vail roundabout. Armor suggested before a new sign is added to the town streets, that a current sign be removed. 2. Consent Agenda 2.1. Minutes from June 7, 2016 meeting 2.2. Minutes from June 21, 2016 meeting Moffet moved to approve the consent agenda outlined above; Foley seconded the motion and it passed (7-0). 3. Town Manager Report 3.1. Neighborhood Code Compliance Update Town Manager, Stan Zemler, reported the town code enforcement officers investigate citizen's complaints and enforce the town coded when appropriate. 3.2. Booting Vehicles Zemler stated the police department looked into complaints regarding booting vehicles and found it was not really an issue. Moffet has had issues with an outside company booting his vehicles and would like to see booting outlawed in the Town of Vail. Mayor Chapin asked council members if they agree with Moffet's request to not allow booting of vehicles in the Town of Vail. Council members: Bruno, Langmaid, Mason and Foley supported Moffet's request and directed staff to draft an ordinance outlawing booting in town limits. 3.3. Summer Parking Update Zemler reported to council on his efforts to redirect employees from the Lionshead Parking Structure. Zemler has reached out to the hospital, construction companies and businesses Town Council Meeting Minutes of July 19,2016 Page 1 asking them to encourage their employees to car pool or ride the bus to work, but acknowledged companies do not have control over employees' choices. Council members have received complaints that the variable sign says the structures are full when there are open spaces. Zemler stated he would have staff look at different messaging options for the board. 3.4. 50th Birthday Legacy Proposal, Regarding: Annual Civic Recognition Award. Communications Director Suzanne Silverthorn asked council if they would like to implement a legacy or citizen award to be presented at the Town of Vail's 50th Birthday party on August 23, 2016. Silverthorn asked for council members to volunteer to work with staff on creating this ward. Council members Chapin, Bruno, Langmaid, Mason volunteered to assist with the effort. 4. Action Items 4.1. Ordinance No. 17, Series of 2016, First Reading, An Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code to Increase the Penalties for Certain Parking Violations Background: The Town of Vail Code Enforcement Officers often encounter vehicles whose owners have had previous citations within relatively short periods of time and for similar if not identical offenses. Ordinance No. 17, Series of 2016 adds an escalating scale of fines for repeat offenders. This ordinance will help to improve guest experiences by making more parking spaces available through changing the behavior of those drivers that repeatedly violate time-restricted and prohibited parking areas. Code Enforcement Officer Jeff Campbell provided council with an overview of the proposed escalated parking fine proposal for repeat offenders. Council recommended raising the base fine of$38.00 to $50.00. Moffet moved to approve Ordinance No. 17, Series of 2016, First Reading, An Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code to Increase the Penalties for Certain Parking Violations, with the revision to increase the base fine from $38.00 to $50.00. Foley seconded the motion and it passed (7-0). There was no public comment. 4.2. East Vail Water Quality Concept Plan Update. Background: The purpose of this discussion is to update the Town Council in regards to the landscape and water quality improvements project at the East Vail interchange and provide a conceptual plan. Project Engineer Chad Salli provided an update in regards to the landscape and water quality improvements project at the East Vail interchange. Sali stated there are two main project goals: ✓ Protect and improve the water quality of Gore Creek from surface runoff originating from 1-70 and East Vail Frontage Roads ✓ Provide an aesthetically natural landscape plan to complement the water quality improvements Salli presented three conceptual alternatives for the East Vail Interchange, each with generally the same landscape aesthetics. ✓ Option 1: Replace existing drainage inlets with sump inlets to trap sediment prior to entering the culverts. $1.35 - $1.55 M Town Council Meeting Minutes of July 19,2016 Page 2 ✓ Option 2: Option 1 + installing sediment vaults near Bighorn Road to provide a secondary capture of sediment that may bypass the sump inlets $1.75 - $2.0M ✓ Option 3: Option 2 + relocate the Gore Valley Trail from the edge of Gore Creek to toe of the slope of Bighorn Road to provide an area of expanded wetlands for a final (polishing) treatment of storm water prior to entering Gore Creek. $1.95 - 2.25M Salli recommended Option 3 as the preferred alternative for water quality because it's the most efficient treatment of storm water and the most efficient in maintenance for removal of sediment. Council voted unanimously and directed staff to move forward with option 3. 5. Public Hearings 5.1. Ordinance No. 15, Series of 2016, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Fund, Dispatch Fund, Vail Marketing Fund, and Timber Ridge Enterprise Fund Background: This will be second reading on Ordinance No.15 the second Budget Analyst Carlie Smith reviewed the changes to the ordinance per the direction of council at the first reading on July 5th. Vail Valley Foundation presented council with a $50,000 funding proposal for an America's Winter Opening event scheduled for December 1-4, 2016. Jen Mason recused herself from this presentation since she is employed by the Vail Valley Foundation. The funding would be used for messaging, website development, infrastructure, staffing and sponsorship fulfillment. The event would be split between Beaver Creek during the day hosting the races and ending at night in Vail with the awards ceremony and the entertainment. Moffet expressed concern that the funding request was occurring outside the regular Special Events Commission review process. Bruno made a motion to approve Ordinance No. 15, Series of 2016 as read with CSE to review Vail Valley Foundation's America's Winter Opening and allocate up to $50,000; Foley seconded the motion. Motion passed (5-2 Cleveland and Moffet opposed). There being no further business to come before the council, Cleveland moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:20 p.m. P Respectfull Submitted, Attest: ave Chapin, Mayor 110 'ammy agel, Depu own Clerk 4:0 tiV ',14),) \�'' voi0 4,-*s4 R Town Council Meeting Minutes of July 19,2016 Page 3 Vail Town Council Meeting Minutes Tuesday, August 2, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Member absent: Jenn Bruno, Mayor Pro Tern Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Laurie Assmussen, Donovan Pavilion Management, Inc., shared that she emailed the Town Council the company's financial reports apologizing for any confusion. 2. Proclamations 2.1. Proclamation No. 4, Series of 2016, In Recognition of Vail's 50th Birthday Celebration Presenter(s): Dave Chapin, Mayor Town Council members each read a section of the proclamation and Mayor Chapin invited the community to join them on August 23, 2016 to celebrate the Town's 50th Birthday. 2. Any action as a result of executive session No action was taken. 4. Consent Agenda 4.1. Resolution No. 24, Series of 2016, A Resolution Authorizing the Town of Vail To Grant a Utility/Access Easement to Holy Cross Energy; and Setting Forth Details in Regard Thereto Background: Holy Cross Energy (HCE) currently has infrastructure in the Manns Ranch Road Right-of-Way fronting Booth Creek Park. An updated electrical service is required for the redevelopment of Booth Creek Park. There is insufficient space within the Right-of Way to locate the required electrical transformer. In order to provide HCE with the rights to have buried powered lines within Booth Creek Park, the existing easement needs to be updated. Attached is a copy of the new easement that should be granted to HCE to allow for the buried power lines. Town Council Meeting Minutes of August 2,2016 Page 1 4.2. Resolution No. 25, Series of 2016, A Resolution Approving an Intergovernmental Agreement Concerning Authorization for Law Enforcement Services Within Unincorporated Eagle County, the Town of Gypsum and the Town of Minturn; and Setting Forth Details in Regard Thereto Background: The Eagle County Sheriffs department wishes to set forth the circumstances under which the Town of Vail Police Department may perform law enforcement functions and enforce the state's statutes within unicorporated Eagle County, the corporate boundaries of the Town of Gypsum and the corporate boundaries of the Town of Minturn. Moffet moved to approve the items listed on the consent agenda; Foley seconded the motion and it passed (6-0). 5. Town Manager Report 5.1. Homestead Exemption for Residents Update Background: Review ability to impose a homestead exemption which would be applied to property tax collections. Town Attorney Matt Mire explained if there was a decision to move forward with this effort, there would need to be a ballot question presented to the voters. 5.2. Increase in Lift Ticket Tax Memorandum Background: Review relevant election dates and proposed ballot question about increase in the lift ticket tax. Town Manager Stan Zemler presented some timelines related to an election and the process for which to present a ballot proposal. There was consensus to draft ballot language which would include a 4% lift tax increase and return with a timeline for a coordinated election. 5.3. Transportation Alternative Program Grant Memorandum Background: Update on Vail's TAP grant application submitted to CDOT for the Vail Transit Bus Stop Enhancement Project. Staff presented some of the details of the project that would address the creation of a "new bus rapid transit route" between West Vail and Vail Town Center as well as some pedestrian improvements. There was some feedback that the project was very costly. 5.4. Sales Tax Rebate Follow-up Background: Review ability to rebate sales tax to full time year-round residents and related financial impacts. Town Manager suggested this topic be included as part of the 2017 budget discussion and there was consensus to schedule the topic at that time. 6. Action Items 6.1. Selection of Contractor for Operational Management of Welcome Centers/Host Program Presenter(s): Suzanne Silverthorn, Director of Communications Action Requested of Council: Solicit public comment and provide the due diligence needed to direct the staff to prepare a contract for operation of the Vail Welcome Centers and Community Town Council Meeting Minutes of August 2,2016 Page 2 Host Program beginning October 1, 2016 with the firm best qualified to leverage the Town's resources to fulfill its stated goal of delivering a five-star customer experience. The term of this contact shall be for one year with the opportunity to renew the contract for an additional two years based on exceptional performance. Background: On May 19, 2016, the Town of Vail issued a request for proposals for management of its Welcome Centers, the Volunteer Community Host Program and Guest Welcome Services Program. The three firms responding to the RFP (in alphabetical order) -- Colorado Activity Centers, Inc., Donovan Pavilion Management, Inc. and Vail Info Inc. -- have been forwarded to the final round which includes preparation of a written business plan and interviews with the Town Council. The current service contract for management of the Welcome Centers/Host Program expires on September 30, 2016. Silverthorn, Communication Director, reviewed the overall process for this selection process noting the interviews were conducted during the afternoon session. There was public comment from Joe Holts, current volunteer, who expressed support for Vail Info, Inc. There was council feedback about the interviews, summarized as follows: ✓ Excellent proposals although different strengths and weaknesses with each vendor. ✓ Looking for innovation and fresh energy and vendor who understands and knows the community. Moffet moved to award the Welcome Center Operations contract to Vail Info, Inc.; Foley seconded the motion and the vote resulted in a tie (3-3; Chapin, Foley, Moffet—yea; Cleveland, Langmaid, Mason— nay). Cleveland moved to table the decision to the August 16, 2016 meeting when all seven members would be present; Moffet seconded the motion and it passed (6-0). 6.2. Ordinance No. 18, Series of 2016, An Ordinance Repealing and Reenacting Chapter 11 of Title 5 of the Vail Town Code, Concerning Abatement of Diseased Trees and Wildfire Fuels Presenter(s): Mark Novak, Fire Chief Background: Ordinance No. 18 revises the current Mountain Pine Beetle and Wildfire Fuels Reduction ordinance to include all forest pathogens, amend the definition of wildfire fuels and reassign responsibility for this section of code from Public Works to the Fire Department. There was no public comment on this topic. Moffet moved to approve Ordinance No. 18, Series of 2016, An Ordinance Repealing and Reenacting Chapter 11 of Title 5 of the Vail Town Code, Concerning Abatement of Diseased Trees and Wildfire Fuels; Foley seconded the motion and it passed (6-0). 6.3. Ordinance No. 19, Series of 2016, First Reading, An Ordinance Amending Article B, Chapter 3, Title 4 of the Vail Town Code to Create a New Section Relating to the Private Use of Vehicle Immobilizers Presenter(s): Matt Mire, Town Attorney Town Council Meeting Minutes of August 2,2016 Page 3 Background: The use of vehicle immobilization devices, or"boots," is a practice being employed by private property owners to enforce parking violations and in some circumstances payment in their lots as an alternative, or in addition, to the use of towing. Without state or local regulation, there is an increased opportunity for fraudulent and predatory booting practices that negatively impact the Town's citizens. The Town Council finds that private booting, so long as it remains unregulated, presents an appreciable risk to public safety and to property. As such, the Town Council, pursuant to its authority to protect and secure the public health, safety and welfare of its citizens, desires to prohibit the use of vehicle immobilization devices in the Town. There was discussion about towing and booting and what charges would be assessed, the appeal process, and suggestions to require more information about the booting company to release the boots. Public input was heard by the Evergreen Lodge who expressed support of booting in their parking lot during the winter to handle parking violators. Moffet moved to approve Ordinance No. 19, Series of 2016, First Reading, An Ordinance Amending Article B, Chapter 3, Title 4 of the Vail Town Code to Create a New Section Relating to the Private Use of Vehicle Immobilizers with suggested changes about the operations of booting companies. Langmaid seconded the motion and it passed (4-2; Chapin, Langmaid, Mason, Moffet—yea; Cleveland, Foley— nay). 6.4. Phase 3 Design Development Review of the Vail Wayfinding Project, including the Roundabouts, Street name signs and Village Directories. Contract award of the roundabout signs Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: The Vail Town Council is asked to review the Design Development Package as presented and provide direction and approval with the various components of the package to move the project toward implementation. The next steps would be the creation of construction documents and sign fabrication solicitation. Award the roundabout sign replacement contract. Background: The Town Council has reviewed over the past 4 years incremental implementation of the wayfinding package with 2 of 3 phases complete. During the last review, there was support from the then-sitting council to improve the street name signs in Vail both along the frontage roads as well as outlying neighborhoods. In addition, by contracting the services of Resort App, a new digital map will be created to be used in all digital, print and sign applications. As such, the town will be able to complete the directory portion of the wayfinding project. There was discussion about amount of signage to use, request to recycle old signs, and the ability to use the resort application to inform locals of parking structure vacancies. Moffet moved to approve the Phase 3 Design Development Review of the Vail Wayfinding Project, including the Roundabouts, Street name signs and Village Directories and to award the contract of the roundabout signs; Foley seconded the motion and it passed (6-0). Town Council Meeting Minutes of August 2,2016 Page 4 7. Public Hearings 7.1. Ordinance No. 17, Series of 2016, Second Reading, An Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code to Increase the Penalties for Certain Parking Violations Presenter(s): Jeff Campbell, Code Enforcement Officer Background: The Town of Vail Code Enforcement Officers often encounter vehicles whose owners have had previous citations within relatively short periods of time and for similar if not identical offenses. Ordinance No. 17, Series of 2016 adds an escalating scale of fines for repeat offenders. This ordinance will help to improve guest experiences by making more parking spaces available through changing the behavior of those drivers that repeatedly violate time- restricted and prohibited parking areas. Staff noted there were no changes to the ordinance from first reading. Moffet moved to approve Ordinance No. 17, Series of 2016, Second Reading, An Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code to Increase the Penalties for Certain Parking Violations. Foley seconded the motion and it passed (6-0). There was no public comment on this topic. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 8:05 p.m. Respectfully ubmi :d, ` I Attest: A �e'hapin, ayr V Tamr•el, Deputn Clerk % OFA,, 4,,,,, ,,040.40 417V/4(1\cb RAI'S° Town Council Meeting Minutes of August 2,2016 Page 5 Vail Town Council Meeting Minutes Tuesday, August 16, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern 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 1. Citizen Participation Public comments were heard as follows:: 1. Vicki Kalowski expressed concern about inadequate signage in their commercial area near Corcoran Dentistry & Chicago Pizza on the South Frontage Road due to the 1-70 construction project; she requested an additional sign be placed somewhere that informs the public the local business access is open. 2. Michael Cacioppo suggested attracting a pickleball group with Vail hosting a tournament to continue to attract an existing market of visitors. 2. Any action as a result of executive session None at this time 3. Consent Agenda 3.1. Minutes from July 5, 2016 meeting Foley moved to approve July 5, 216 minutes; Bruno seconded the motion and it passed (7-0). 3.2. Minutes from July 19, 2016 meeting Foley moved to approve July 19, 2016 minutes; Bruno seconded the motion and it passed (7-0). 3.3. Slifer Square Repairs Project- Design Contract Award Presenter(s): Chad Salli Background: Slifer Square Repairs project includes water quality improvements, storm sewer repairs, snowmelt main replacement and reconstruction of the fountain. The Town issued a Request for Proposals in July for the design of this project. Three proposals were received, Brightview Design Group, Zehren and Associates and Norris Design. After a thorough review of the proposals, staff recommends awarding the design contract to Brightview Design Group, in the amount of$108,315.00. This is within the design phase budget and scheduled for a spring/fall 2017 construction. Town Council Meeting Minutes of August 16,2016 Page 1 There was brief discussion about the timeline of the project; staff noted the bids & utility work would be completed in the spring, no work during the summer, and the construction would be completed fall 2017. Foley moved the Town Council authorize the Town Manager to enter into an agreement, in a format approved by the Town Attorney, with Brightview Design Group in an amount not to exceed $108,315.00 to complete the Slifer Square Repairs Project; Bruno seconded the motion and it passed (7-0). 4. Town Manager Report Town Manager noted that next Tuesday is Vail 50th birthday and festivities to begin at 4 pm Donovan Pavilion and the community is invited to attend. 5. Action Items 5.1. Discussion about proposed lift tax ballot question (Public input is welcome on this topic) Presenter(s): Stan Zemler, Town Manager, Matt Mire, Town Attorney Action Requested of Council: Request direction about proposed lift tax ballot August 16, 2016 Question and amount of rate increase. Background: Discussion about proposed ballot language addressing an increase in the ski area lift ticket admissions tax. Public input is welcome on this topic. Proposed Ballot Language: SHALL THE TOWN OF VAIL SKI AREA LIFT TICKET ADMISSIONS TAX BE INCREASED BY $ IN THE FIRST FISCAL YEAR AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER BY THE IMPOSITION OF AN ADDITIONAL TAX OF 4%, COMMENCING JANUARY 1, 2017 AND CONTINUING THEREAFTER, SO THAT THE TOTAL LIFT TICKET ADMISSIONS TAX IS 8%,WITHOUT MODIFYING THE MANNER IN WHICH SUCH TAX IS ASSESSED OR COLLECTED OR THE PRIVILEGES SUBJECT TO SUCH TAX;WITH ALL REVENUES COLLECTED, RETAINED AND EXPENDED FOR SUCH TAX TO BE USED FOR GENERAL TOWN PURPOSES; AND SHALL ALL SUCH REVENUES BE COLLECTED, RETAINED AND EXPENDED AS A VOTERAPPROVED REVENUE CHANGE NOTWITHSTANDING ANY RESTRICTION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? Town Attorney provided brief background on the topic outlined in the memo. Mayor Chapin accepted public input at this time with comments as follows: • Stephen Connelly, resident, asked if the tax were passed which fund would own the monies; he requested that the question address dedicating the funds to specific expenditures, such as parking and housing, as it might be more acceptable to the voters. • Susie Tjossem, resident, expressed concern about the what little public process has been held on the topic, more study is needed, VRI is a great partner, be careful of unintended consequences, and requested the town not move forward with a tax increase at this time. • Andy Daly, resident, former Mayor and President of Vail Resorts, shared his perspective that this topic of parking deserves attention from the partnership of the town and the ski company. Acceptable solutions must be developed by both entities, more public process should occur, must be a thought plan addressing specific problem areas. • Chris Jarnot, Vail Resorts, Inc., Chief Operating Officer made several comments as follows: ✓ Acknowledged others attending on behalf of VRI. ✓ Acknowledged the need to proactively reconnect with Town of Vail on matters of interest and concern; this lift tax increases topic has gotten the company's attention and he expressed his personal commitment to work together. ✓ Read a letter from VRI into the record which addressed multiple aspects of"parking". Town Council Meeting Minutes of August 16,2016 Page 2 ✓ Acknowledged that the Lionshead parking structure has been challenged in meeting parking demands, probably due to various reasons. ✓ Requested that a "working group be identified to partner to solve the problems, with both short term and long term plans to address the parking. ✓ Spoke about the commitment from VRI to help fund future parking needs in the amount of$4.3M. ✓ Requested monthly meetings with Mayor and Town Manager and apologized for the fact that they were not engage earlier on topics of mutual concern. ✓ Spoke about another topic of concern, workforce housing that also needs to be addressed in Vail and regionally. Mayor Chapin thanked those who gave public input. Council comments were heard at this time with some highlights as follows: ➢ Topic was raised in light of activity at other ski areas owned by VRI, Park City, Breckenridge, and Whistler. > Bond market is ideal at this time. ➢ The increase in tax should fund specific expenditures related to parking and housing ➢ Now is the time to work with all of Vail's stakeholders to improve the quality of life for residents related to parking and housing because no one can solve the problems solely. > Let this environment serve as notice that is time for all to engage on these topics that continually are raised by the community as problem areas. It is time to develop some goals to solve the problems. > The relationship between TOV and VRI has been good in the past, but lately has been a quiet relationship with not much cooperation or proactive problem solving, it is time for a re- engagement. Chapin summarized the outcome of this effort was to get everyone's attention; it is time for the town and VRI's commitment to meeting frequently to discuss matters of concern, including parking and housing. The groups must discuss and develop a plan that describes actions and deliverable dates that is communicated to the public. Chapin was not in favor of the proposal and there was consensus from the council members not to move this topic forward to a ballot proposal. 5.2. Resolution No. 26, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Concerning the Administration and the Conduct of Eagle County's Coordinated Election on November 8, 2016 and Setting Forth Details in Regard Thereto Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Resolution No. 26, Series of 2016. Background: The Resolution approves an Intergovernmental Agreement with Eagle County for the Clerk and Recorder's Office to provide services related to the administration and conduct of the November 8, 2016 General Election. The election is conducted as a mail ballot election. Moffet moved to deny Resolution No. 26, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Concerning the Administration and the Conduct of Eagle County's Coordinated Election on November 8, 2016 and Setting Forth Details in Regard Thereto. Foley seconded the motion and it passed (6-1; Town Council Meeting Minutes of August 16,2016 Page 3 Cleveland nay). Cleveland had asked that VRI consider immediately releasing the $4.3 M pledged funds to the Town of Vail to be used for parking solutions. 5.3. Selection of Contractor for Management of Vail Welcome Centers/Host Program Presenter(s): Suzanne Silverthorn, Director of Communications Action Requested of Council: Solicit public comment and provide the due diligence needed to direct the staff to prepare a contract for operation of the Vail Welcome Centers and Community Host Program beginning October 1, 2016 with the firm best qualified to leverage the Town's resources to fulfill its stated goal of delivering a five-star customer experience. The term of this contract shall be for one year with the opportunity to renew the contract for an additional two years based on exceptional performance. Background: On May 19, 2016, the Town of Vail issued a request for proposals for management of its Welcome Centers, the Volunteer Community Host Program and Guest Welcome Services Program. The three firms responding to the RFP (in alphabetical order)—Colorado Activity Centers, Inc., Donovan Pavilion Management, Inc. and Vail Info Inc. —were forwarded to the final round which included preparation of a written business plan and interviews with the Town Council on August 2, 2016. The current service contract for management of the Welcome Centers/Host Program expires on September 30, 2016. Silverthorn presented a brief recap of the last meeting discussion noting there was a tie vote on the decision to select the contractor who would run the Town's Welcome Centers, thus the item was back for consideration. Chapin opened public input at this time: • Lori Assmussen, applicant, owner of Donovan Pavilion Management, Inc., thanked council for their consideration of her proposal and appreciated the opportunity to participate in the process; she expressed her commitment to providing exception services noting her long — term relationship with the Town of Vail. • Warren Baker, employee of Vail Info, expressed support of the company for continuing to provide services on behalf of the Town. • Bobby Bank, owner Vail Info, Inc., shared his comments about the RFP process noting it was a good process, and that his company continues to provide better services each year, and his desire to continue working in this capacity for the Town. The Town Council members provided some input at this time: ✓ Thanked community members for their input on the topic ✓ The decision must be based on a business perspective ✓ Consider other alternatives to operating the Welcome Centers ✓ The current proposals did not meet the needs of the town ✓ The town is not equipped to manage the facilities as it is not a part of a municipal business model Langmaid moved to not accept any of the proposals at this time; Bruno seconded the motion and it passed (5-2; Bruno, Chapin, Cleveland, Langmaid, Mason —yea; Moffet, Foley—nay). Council direction was given to the Town Manager to develop other proposal that would include in-house oversight and operations of the Welcome Centers. 5.4. Resolution No. 27, Series of 2016, a Resolution stating the value of public lands to the Town of Vail's economy, recreation, heritage, and quality of life, and supporting continued federal ownership of federal public lands, and setting forth details in regard thereto. Town Council Meeting Minutes of August 16,2016 Page 4 Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council consider the approval, approval with modifications, or denial of Resolution No. 27, Series of 2016. Background: At the request of the Vail Town Council, staff proposes for adoption Resolution No. 27, Series of 2016, in opposition of the transfer of ownership of federal public lands to the states. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 27, Series of 2016. There was some discussion about the resolution as too ambiguous which raises more questions, and written too appease a fringe group following the topic. Staff clarified that the resolution written was a template used by many other governing bodies. Chapin accepted public input from Cacioppo who commented that the USFS works for the community. Langmaid suggested the resolution wasn't meant to create animosity amongst the members but rather as a simple message that would not support trading federal lands to state ownership. Langmaid moved to approve Resolution No. 27, Series of 2016, a Resolution stating the value of public lands to the Town of Vail's economy, recreation, heritage, and quality of life, and supporting continued federal ownership of federal public lands, and setting forth details in regard thereto. Foley seconded the motion and it passed (4-3; Cleveland, Foley, Langmaid, Mason —aye; Bruno, Chapin, Moffet—nay). 5.5. Ordinance No. 20, Series of 2016 - First Reading, An Ordinance Repealing and Reenacting Ordinance No. 11, Series 1990, Establishing Special Development District No. 24, Warner Development, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and Setting Forth Details in Regard Thereto Presenter(s): Matt Panfil, Planner Action Requested of Council: To approve an amendment to SDD No. 24, Warner Development, to remove Section 5, Item 3 requiring the indoor pool area on the subject property to be permanently restricted to use a pool. Background: When SDD No. 24, Warner Development, was approved in 1990, the subject property deviated from the underlying Two-Family Primary/Secondary Residential (PS) District in regards to gross residential floor area (GRFA) and site coverage. As part of the approval it was conditioned that the indoor pool area permanently be restricted to use as a pool. In 2004, changes were made to the Vail Town Code with regard to the calculation of GRFA resulting in the subject property now having an excess amount of allowable GRFA. Matt Panfil presented information about the Ordinance addressing the SDD No. 24. There was some discussion about the need to review the current deed restrictions for the units; there were comments made that the units must be required to be rented and that requirement is not now fully stated in the SDD. Public comment was heard from Debra Webster, 1825 Sunburst Drive, who noted their unit has always been rented but the other 2 units have never been rented. No other public comment was given. There was council consensus to request the three existing units get updated deed restrictions. Staff would continue to work with the applicant on the request. Town Council Meeting Minutes of August 16,2016 Page 5 Moffet moved to approve Ordinance No. 20, Series of 2016 - First Reading, An Ordinance Repealing and Reenacting Ordinance No. 11, Series 1990, Establishing Special Development District No. 24, Warner Development, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and Setting Forth Details in Regard Thereto, and based upon the review of the criteria outlined in Section VII of the Staff memorandum to the Planning and Environmental Commission dated August 8, 2016 and the evidence and testimony presented, the Vail Town Council finds: 1.That the special development district amendment complies with the standards listed in Article 12- 9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; 2.That the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4.That the special development district amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." 5.As a result of the 2004 changes to GRFA calculations,the subject property complies with current GRFA regulations Bruno seconded the motion and it passed (6-1; Foley—nay). 6. Public Hearings 6.1. Ordinance No. 18, Series of 2016, Second Reading, An Ordinance Repealing and Reenacting Chapter 11 of Title 5 of the Vail Town Code, Concerning the Abatement of Diseased Trees and Wildfire Fuels Presenter(s): Mark Novak, Fire Chief Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 18, Series of 2016 on second reading. Background: Ordinance No. 18 revises the current Mountain Pine Beetle and Wildfire Fuels Reduction ordinance to include all forest pathogens, amends the current definition of wildfire fuels and reassigns responsibility for this section of code from Public Works to the Fire Department. Fire Chief Mark Novak commented on several questions addressing the 1) appeal process, 2) how the policy will be coordinated amongst departments, 3)the abatement process guidelines, and 4) how the public will be notified. . There was a summary of the changes to the Code outlined in the council packet materials. Moffet moved to approve Ordinance No. 18, Series of 2016, Second Reading, An Ordinance Repealing and Reenacting Chapter 11 of Title 5 of the Vail Town Code, Concerning the Abatement of Diseased Trees and Wildfire Fuels. Foley seconded the motion and it passed (7-0). There were no comments on this topic. 6.2. Ordinance No. 19, Series of 2016, Second Reading, An Ordinance Amending Article B, Chapter 3, Title 4 of the Vail Town Code to Create a New Section Relating to the Private Use of Vehicle Immobilizers Presenter(s): Matt Mire, Town Attorney Town Council Meeting Minutes of August 16,2016 Page 6 Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 19, Series of 2016 upon second reading. Background: The use of vehicle immobilization devices, or"boots," is a practice being employed by private property owners to enforce parking violations and in some circumstances payment in their lots as an alternative, or in addition, to the use of towing. Without state or local regulation, there is an increased opportunity for fraudulent and predatory booting practices that negatively impact the Town's citizens. The Town Council finds that private booting, so long as it remains unregulated, presents an appreciable risk to public safety and to property. As such, the Town Council, pursuant to its authority to protect and secure the public health, safety and welfare of its citizens, desires to prohibit the use of vehicle immobilization devices in the Town. Town Attorney presented the ordinance for second reading noting the inclusion of requirements related to booting operations. There were no public comments on this topic. Moffet moved to approve Ordinance No. 19, Series of 2016, Second Reading, An Ordinance Amending Article B, Chapter 3, Title 4 of the Vail Town Code to Create a New Section Relating to the Private Use of Vehicle Immobilizers. Cleveland seconded the motion and it passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:50 p.m. R- •- tfully Su•mi ted, Attest: ,.,.& II A ` e Chapi May ' 4.1)- / PattyTow 411 ,-,,,,..q4OFL xi tor 1 4,i.... -, c 4A '1, I ip `''O R Aisv Town Council Meeting Minutes of August 16,2016 Page 7 Vail Town Council Meeting Minutes Tuesday, September 6, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern Kevin Foley Kim Langmaid Greg Moffet Member absent: Dick Cleveland Jen Mason Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Police Chief Dwight Henninger invited the council and community to join the Vail Police Department in celebrating their 50th anniversary on September 11 at the Ford Park from 10:30 am— 1:00 pm. Stephen Connolly, resident, gave a shout out to public works on the road striping and would like to see the same at the West Vail Roundabout. Connolly would like to see the speed limit be enforced on the frontage roads. Susie Tjossem, resident, congratulated council and town staff on the fabulous 50th birthday party and loved the Trailblazer Award. Tjossem expressed concern about the lack of cell phone coverage in the Buffher Creek residential area. Tjossem reminded them the cell signals were enhanced for the 2015 championships, but since then the signal has gotten worse. Tjossem stated a lot of citizens have removed land lines so the cell service needs to consistently available in this area, especially in light of the fact there is no other means of communicating for emergency situations. Lou Meskimen, resident, shared with council that he enjoyed the special event Gourmet on Gore. 2. Proclamations 2.1. Proclamation No. 5, Series of 2016, Recognizing Dr. Thomas I. Steingberg as the first recipient of Vail's Trailblazer Award Presenter(s): Dave Chapin, Mayor Town Council Meeting Minutes of September 6,2016 Page 1 Background: Vail's Trailblazer Award was created as a legacy project during the town's 50th Birthday Party Celebration and given to Dr. Thomas I. Steinberg during a luncheon for dignitaries and recognized during the festivities of the birthday party at Donovan Pavilion. The award recognizes those who have made long-standing contributions to the community and will be awarded on an annual basis by the Vail Town Council. Mayor Chapin read the proclamation in full. A standing ovation was given by the audience and photos were taken with Vail Town Council and Dr. Steinberg. 3. Any action as a result of executive session There was no action taken. 4. Consent Agenda 4.1. Minutes from August 2, 2016 meeting Moffet moved to approve August 2, 2016 minutes; Foley seconded the motion. The motion passed (5-0). 4.2. Minutes from August 16, 2016 meeting Moffet moved to approve August 16, 2016 minutes; Foley seconded the motion. It was noted to correct the vote on page 4 to read 5-2 and on page 7 the vote to reflect 7-0. The motion passed (5-0). 4.3. Construction Contract for a new picnic shelter at Donovan Park Background: The project is included in the 2016 RETT budget. The town received two bids for the project. The low bid by R.A. Nelson is within the existing budget. With approval, work will begin in mid-September with anticipated completion by mid-November. Moffet moved to direct the Town Manager to enter into a construction contract with R.A. Nelson to construct a new picnic shelter at Donovan Park. Bruno seconded the motion. The motion passed (5-0). 4.4. BusNehicle Wash Construction Contract Background: A new BusNehicle Wash for the transit buses was budgeted in 2016. The project was put out to bid in July and bids were opened on August 11. Moffet moved to direct the Town Manager to enter into a construction contract with NS Wash Corp. Foley seconded the motion. The motion passed (5-0). 4.5. Vail Transportation Center Generator Construction Contract Background: A new generator for the Vail Transportation Center was budgeted in 2015. Funds were re-appropriated by the town council in early 2016 for the replacement of the existing generator. The project was put out to bid in July and bids were opened on August 11, 2016. Moffet moved to direct the Town Manager to enter into a construction contract with CE & Power Systems in the amount of$159,480.00; Bruno seconded the motion and it passed (5-0). 5. Town Manager Report There was no report at this time. Town Council Meeting Minutes of September 6,2016 Page 2 6. Action Items 6.1. Resolution No. 29, Series of 2016, A Resolution Adopting the VAIL HOUSING 2027, "A Strategic Plan for Maintaining and Sustaining Community Through the Creation and Support of Resident Housing in Vail", and Setting Forth Details in Regard Thereto. Presenter(s): George Ruther, Director of Community Development and Steve Lindstrom, Chair of the Vail Local Housing Authority Background: Vail's first strategic plan for housing was adopted in 2008. As a result, the community has made progress towards addressing the need to provide homes for year round residents of Vail. Unfortunately, housing continues to challenge the community and a new and updated strategic plan for housing is needed. Vail Housing 2027 is a new and updated strategic plan. Ruther introduced the Vail Local Housing Authority (the "VLHA") board members that were present at the meeting. Ruther stated resident housing is the number one concern and issue within our community. The goal of the Strategic Plan for Maintaining and Sustaining Community (the "Plan") is to obtain 1,000 deed restricted housing by 2027. Ruther explained it was easier to go after the deed restriction rather than development of new housing. VLHA chairman, Steve Lindstrom, reviewed the County housing stats; which showed 9 out of 10 homes sold in Vail are sold to second home owners. The Plan would offer new buyers purchasing assistance in exchange for a deed restricted unit. Ruther stated the decision process would need to be changed by council granting permission for the VLHA to have the authority to purchase housing as it becomes available. The current process is too long and usually ends up with the unit being sold prior to purchasing permission being granted. Chapin invited public comments at this time: Steven Connolly, resident, asked if it is the responsibility of the government to provide housing. He thought it was time to look at outlier ideas such as dorm housing in the woods, turning the muni building into housing and parking etc. He also asked why Vail Resorts was not included as a participant in the housing strategic plan. Matt Morgan, business owner, thought the plan sounded brilliant. Morgan agreed with Ruther that housing is an issue and if there was some mechanism to encourage deed restriction it could work rather then trying to develop housing for employees. He preferred the criteria include only Vail employees and not Eagle County employees. MenLapin, Vail resident, cautioned council about giving a political decision to another board, i.e. VLHA. Lapin went on to ask how the current deed restricted units are verified, what the definition of a resident was and what happens when a deed restricted unit falls into foreclosure. Lapin asked council to think about 50 years from now and maybe merging the two cities (Avon and Vail)to combine housing resources. Kim Redicker, resident, thought the plan was a brilliant idea. Redicker stated she had served on the VLHA, Town Council and lives in deed restricted housing. Rediker agreed with Ruther that council would need to appoint an entity to work on behalf of the town that is qualified and can move quickly to ensure purchase housing as it becomes available on the market. Town Council Meeting Minutes of September 6,2016 Page 3 Ruther addressed some of the concerns brought up in public comments. ✓ employee housing is resident housing in context ✓ 100% compliance with current deed restriction. ✓ Cost of deed restriction varies depending on the unit and there is value to them. ✓ This program would encourage employers to purchase deed restriction. Council comments included the following: ✓ Moffet: liked the plan and had some suggestions to modify the plan, expressed the need for the elected officials to help what the free market has failed to do. ✓ Bruno: felt the plan was bold and should be pursued. Bruno thought the return will be great from the people who are joining our community. She expressed concern about the loss of residences due to AirBnB and second homeowners. ✓ Langmaid: thanked staff for their efforts. Had seen this community change. Her home has a deed restricted apartment, but other homes in her neighborhood do not have deed restriction—the dynamics of the neighborhood has changed due to rental by owners. ✓ Chapin supports the VLHA making housing purchasing decisions and agrees the board needs to meet monthly. Foley made a motion to adopt Resolution No. 29, Series of 2016, A Resolution Adopting the VAIL HOUSING 2027, "A Strategic Plan for Maintaining and Sustaining Community Through the Creation and Support of Resident Housing in Vail", and Setting Forth Details in Regard Thereto. Moffet seconded the motion and it passed (5-0). 6.2. Ordinance No. 23, Series 2016, First Reading, An Ordinance to Amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program (Exchange Program), Section 12-23-6, Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail Town Code, Concerning the Payment of Fees in Lieu of Providing Employee Housing and Setting Forth Details in Regard Thereto. Presenter(s): Alan Nazzaro, Housing Manager Background: In February of 2016, the Town Council requested background information and began discussions on how the Town of Vail calculates its annual fee in lieu for mitigation of employee housing impacts (Vail Town Code Sections 12-23, 12-24) and the Employee Housing Unit (EHU) Exchange Program (Section 12-13-5). Several work sessions have been held since then, including a joint work sessions with the Vail Local Housing Authority (VLHA) to determine what changes could be made to improve performance towards meeting the goals of the program. The VLHA made recommendations and the PEC concurred with those recommendations. The ordinance was reviewed with a reminder the legislation was written in an attempt to make it less convenient for person/s to "buy-out" their housing requirements in an effort to keep more housing stock inventory. There were no public comments. Moffet moved to pass Ordinance No. 23 on first reading; Foley seconded the motion and it passed (5-0). 6.3. Ordinance No. 24, Series 2016, First Reading, An Ordinance Amending Sections of Chapter 2 in the Vail Town Code to Update the Investment Policy for the Town of Vail Presenter(s): Kathleen Halloran, Finance Director Town Council Meeting Minutes of September 6,2016 Page 4 Background: The town's investment policy has not been updated in over 15 years. The proposed ordinance will update the policy to slightly broaden categories of investments that the town is allowed to participate in, as well as make administrative updates. An overview was presented; Moffet asked for some clarification about taxable bonds. Chapin asked for public comment and there was none. Moffet motioned to pass Ordinance No. 24, Series of 2016, upon first reading; Foley seconded the motion. The motion passed (5-0). 6.4. Ordinance No. 25, Series of 2016, First Reading, An Ordinance Amending Sections 10-1- 2, 10-1-3 and 14-10-5 of the Vail Town Code Related to Wildland Fire Resistant Building Practices Presenter(s): Jonathan Spence, Planner Background: The purpose of these amendments is to relocate language concerning technical matters related to roofing to the Building Code while maintaining design related matters within the Design Standards. In addition, the amendments clarify allowable roofing materials, proposes a reduction in allowable roof repairs of nonconforming roofs before the requirement that a roof be replaced in its entirety is triggered and encourages the use of ignition resistant building materials. The ordinance was reviewed and it was noted there would be greater attention given to building materials, technical standards of materials and regulations of non forming roofs. There was no public comment. Moffet moved to pass Ordinance No. 24, Series of 2016, on first reading; Foley seconded the motion. The motion passed (5-0). 7. Public Hearings 7.1. Ordinance No. 20, Series of 2016 - Second Reading, An Ordinance Repealing and Reenacting Ordinance No. 11, Series 1990, Establishing Special Development District No. 24, Warner Development, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and Setting Forth Details in Regard Thereto. Presenter(s): Matt Panfil, Planner Background: When SDD No. 24, Warner Development, was approved in 1990, the subject property deviated from the underlying Two-Family Primary/Secondary Residential (PS) District in regards to gross residential floor area (GRFA) and site coverage. As part of the approval it was conditioned that the indoor pool area permanently be restricted to use as a pool. In 2004, changes were made to the Vail Town Code with regard to the calculation of GRFA resulting in the subject property now having an excess amount of allowable GRFA. Moffet made a motion to table Ordinance No. 20, Series of 2016 to the September 20 Town Council meeting; Foley seconded the motion. The motion passed (5-0). Town Council Meeting Minutes of September 6,2016 Page 5 There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (5-0) and the meeting adjourned at 8:01 p.m. Respectfully Submi -d, 1 Attest: L, 11 _ Al 'WIMP'apin, ayor T-.4 Nand, Deputysow Jerk Town Council Meeting Minutes of September 6,2016 Page 6 Vail Town Council Meeting Minutes Tuesday, September 20, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Jen Mason Greg Moffet Absent: Kim Langmaid Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation There were no comments made during citizen participation. 2. Consent Agenda 2.1. Resolution No. 28, Series of 2016, A Resolution of the Vail Town Council Authorizing the Town Manager to Grant Certain Utility and Access Easements Necessary for Chamonix Project Background: The Town of Vail owns certain real property more particularly described as Parcel B, a Resubdivision of Tract D, a Resubdivision of Vail Das Shone Filing 1, a Resubdivision of Parcels A & B, according to the Correction Plat thereof, situated in Section 11, Township 5 South, Range 81 West of the 6th Principal Meridian in the Town of Vail, County of Eagle, Colorado (the"Chamonix Property"). The Chamonix Project will require certain utility easements, the exact locations of which are unknown at this point in time, as well as associated access easements. Moffet moved to approve Resolution No. 28, Series of 2016; Foley seconded the motion and it passed (6-0). 2.2. Comprehensive Open Lands Plan Contract Award Background: The Comprehensive Open Lands Plan will be updated as directed by Town Council with a public process taking place over the next six to seven months. Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Braun Associates Inc. for the Comprehensive Open Lands Plan Update to include the planning process, plan preparation and plan adoption in the amount not to exceed $85,000. Bruno seconded the motion and it passed (6-0). Town Council Meeting Minutes of September 20,2016 Page 1 3. Town Manager Report Town Manager noted several tickets were available for the Colorado Ski and Snowboard Hall of Fame Induction Gala taking place in Vail on Oct 1. 4. Action Items 4.1. Ordinance No. 21, Series of 2016, First Reading, An Ordinance Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Recreational Unmanned Aircraft Systems (DRONES) Presenter(s): Craig Bettis, Commander, VPD Background: Unmanned aircraft systems ("UAS"), commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot. The Town Council finds that recreational UAS, when operated within the Town and particularly in populated areas, present an appreciable risk to public safety in the air and to persons and property on the ground. The Town Council, pursuant to its authority to protect and secure the public health, safety and welfare of its citizens, desires to enact regulations for the use and operation of recreational UAS in the Town. Bettis differentiated between the commercial vs. recreational drone operations; the council packet memo presented some of the discrepancies. He noted the ordinance addresses which areas of air space would be restricted from recreational use of drones and that the FAA regulates commercial use of drones (license required). He noted the ordinance identifies what is acceptable for recreational drone usage in the town, as follows: Recreational drones, under the Town's ordinance, must: • be flown below a maximum altitude of 400 feet above the ground; • weigh no more than 55 pounds at the time of operation, inclusive of equipment, • payload and fuel; • be flown within the visual line of sight of the person operating the drone; • not be operated over any person not directly involved in the operation; • not be flown near pedestrians, bicyclists, motorists, roadways, parking lots, playgrounds, stadiums, sporting events, festivals or other open air assembly of persons, or areas or special events subject to an FAA notice of temporary flight restriction; • remain clear of and not interfere with manned aircraft operations or other drones; • be operated during daylight hours only; • not be operated from a moving vehicle or other aircraft; • be operated in compliance with all applicable law, including any regulations adopted by the FAA; • not be operated in a reckless or careless manner so as to endanger the health, safety or well-being of persons or property; and • not be operated in pedestrian areas of Vail Village, Lionshead Village, including the town owned parking structures in both Vail and Lionshead, Ford Park and the area immediately surrounding the Vail Valley Medical Center Heli-Port; provided that The Town's drone regulations to not apply to law enforcement or emergency services operations. Chapin asked for public comment, no public comments were made. Moffet moved to approve Ordinance No. 21, Series of 2016, First Reading, An Ordinance Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Recreational Unmanned Aircraft Systems (DRONES). Bruno seconded the motion and it passed (6-0). Town Council Meeting Minutes of September 20,2016 Page 2 4.2. Ordinance No. 22, Series of 2016, First Reading, An Ordinance Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking Presenter(s): Dwight Henninger, Police Chief and Matt Mire, Town Attorney Background: In 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law. The Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. Town Attorney presented the ordinance that included numerous definitions, prohibitions and permitted areas of smoking. Prohibited areas included: A. Public Places: Smoking is prohibited in any public place. B. Entryways: Smoking is prohibited within fifteen (15)feet of any entryway. C. Outdoor areas: Smoking is prohibited within fifteen (15)feet of any outdoor patio or deck designated as an area for the consumption of food or drinks. D. Posted Areas: Smoking is prohibited in designated "no smoking" areas as set forth in Sections 5-4-3 and 5-4-5. E. Other Areas: Smoking is prohibited in those areas where smoking is prohibited by state law, fire code regulations, or other regulations of the Town. There was a comment about the regulations applying to bus stops and it was noted the bus location was not included with this legislation. Moffet expressed his concern that the language was not stringent enough (15 foot rule is not restrictive enough) and therefore did not support the ordinance. There were some comments about why the town did not want to adopt the"25 foot rule" (Eagle County and Avon regulations) but it was suggested that Vail's topography was not aligned well with using the 15 foot distance. Chapin asked for public input; there was no public comment. Foley moved to approve Ordinance No. 22, Series of 2016, First Reading, An Ordinance Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking; Bruno seconded the motion and it passed 5-1 (Moffet—no). 5. Public Hearings 5.2. Ordinance No. 23, Series 2016, Second Reading, An Ordinance to Amend Section 12-13-5, Employee Housing; Employee Housing Unit Deed Restriction Exchange Program (Exchange Program), Section 12-23-6, Commercial Linkage; Methods of Mitigation, and Section 12-24-6, Inclusionary Zoning; Methods of Mitigation, Vail Town Code, Concerning the Payment of Fees in Lieu of Providing Employee Housing and Setting Forth Details in Regard Thereto. Presenter(s): Alan Nazzaro, Housing Manager Background: In February of 2016, the Town Council requested background information and began discussions on how the Town of Vail calculates its annual fee in lieu for mitigation of employee housing impacts (Vail Town Code Sections 12-23, 12-24) and the Employee Housing Unit(EHU) Exchange Program (Section 12-13-5). Several work sessions have been held since then, including a joint work session with the Vail Local Housing Authority(VLHA) to determine what changes could be made to improve performance towards meeting the goals of the program. The VLHA made recommendations and the PEC concurred with those recommendations. Town Council Meeting Minutes of September 20,2016 Page 3 There were no changes from first reading. Moffet moved to approve Ordinance No.23, Series of 2016, with the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Foley seconded the motion and it passed (6-0). No public comments were given. 5.3. Ordinance No. 24, Series 2016, Second Reading, An Ordinance Amending Sections of Chapter 2 in the Vail Town Code to Update the Investment Policy for the Town of Vail Presenter(s): Kathleen Halloran, Finance Director Background: The town's investment policy has not been updated in over 15 years. The proposed ordinance will update the policy to slightly broaden categories of investments that the town is allowed to participate in, as well as make administrative updates. There was a proposal from Moffet to remove "repurchase agreements"from the list of"suitable and authorized investments" included in the ordinance. Moffet moved to approve Ordinance No. 24, Series of 2016; Foley seconded the motion and it passed (6-0). There was no public comment on this topic. 5.4. Ordinance No. 25, Series of 2016, Second Reading, An Ordinance Amending Sections 10- 1-2, 10-1-3 and 14-10-5 of the Vail Town Code Related to Wildland Fire Resistant Building Practices Presenter(s): Jonathan Spence, Planner Background: The purpose of these amendments is to relocate language concerning technical matters related to roofing to the Building Code while maintaining design related matters within the Design Standards. In addition, the amendments clarify allowable roofing materials, proposes a reduction in allowable roof repairs of nonconforming roofs before the requirement that a roof be replaced in its entirety is triggered and encourages the use of ignition resistant building materials. It was noted by Planning Manager Chris Neubecker that no changes were made from first reading. There were no public comments on the topic. Moffet moved to approve Ordinance No. 25, Series of 2016; Cleveland seconded the motion and it passed (6-0). 5.1. Ordinance No. 20, Series of 2016- Second Reading, An Ordinance Repealing and Reenacting Ordinance No. 11, Series 1990, Establishing Special Development District No. 24, Warner Development, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and Setting Forth Details in Regard Thereto Presenter(s): Matt Panfil, Planner Town Council Meeting Minutes of September 20,2016 Page 4 Action Requested of Council: To approve an amendment to SDD No. 24, Warner Development, to remove Section 5, Item 3 requiring the indoor pool area on the subject property to be permanently restricted to use a pool. Background: When SDD No. 24, Warner Development, was approved in 1990, the subject property deviated from the underlying Two-Family Primary/Secondary Residential (PS) District in regards to gross residential floor area (GRFA) and site coverage. As part of the approval it was conditioned that the indoor pool area permanently be restricted to use as a pool. In 2004, changes were made to the Vail Town Code with regard to the calculation of GRFA resulting in the subject property now having an excess amount of allowable GRFA. Chapin opened the public hearing with a reading of the title of Ordinance No. 20, Series of 2016. Matt Panfil, Planner, presented the application with a note about the changes from first reading, as follows: At the first reading, the Vail Town Council approved a condition of approval in order that all employee housing units(EHUs)within the SDD (Lots 3, 4, and 5) be required to be leased and a deed restriction agreement for the occupancy, rental and transfer of a Type III Employee Housing Unit, as is currently defined by Vail Town Code, be submitted by each of the respective owners prior to the effective date of the SDD Ordinance. In response, the applicant has indicated that the above referenced condition of approval would result in the withdrawal of their application. Instead,the applicant offers to accept the condition of approval to submit an updated deed restriction agreement for the occupancy, rental and transfer of a Type III Employee Housing Unit, as is currently defined by Vail Town Code, for Lot 4, but not Lots 3 and 5. The Vail Local Housing Authority(VLHA) has submitted a letter in support of the applicant's proposal and has suggested an updated condition of approval. He also spoke about the review made by the Vail Local Housing Authority and basis for their recommendation for a condition to an approval. There were several reasons identified for the basis of the recommendation by VLHA— 1. Under the Town Council's previously approved condition of approval, it is unlikely that any of the three (3) EHU deed restrictions will be updated. The result could be a lose-lose scenario in which the units are never occupied by local employees; 2. The VLHA's suggested condition of approval ensures that at least one (1) of the three (3) EHUs will be occupied and allows for the other two (2) EHUs to be updated at a later date; and 3. Any EHU exchange is still subject to Town Council approval. Staff also noted because the GRFA on Lots 3 and 5 are limited by the existing SDD language to an amount below the underlying zoning district, there may be a future opportunity to update their EHU deed restrictions. If the owners of Lots 3 and 5 want to use the GRFA allowed by the underlying zone district, the Town Council may consider such a request in exchange for updating their EHU deed restrictions. Chapin asked if the applicant wanted to present their position on the application; the applicant was not present. It was noted by Panfil that the applicant preferred to withdraw their request and preferred to only update Lot 4 and not Lots 3 and 5. There was discussion about requiring upfront the Type III EHU for all three lots. Moffet moved to approve Ordinance No. 20, Series of 2016 - Second Reading, An Ordinance Repealing and Reenacting Ordinance No. 11, Series 1990, Establishing Special Development District No. 24, Warner Development, Pursuant to Article A, Special Development(SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and Setting Forth Details in Regard Thereto, and additionally, two deed restriction agreements for the occupancy, rental and Town Council Meeting Minutes of September 20,2016 Page 5 transfer of a Type Ill Employee Housing Unit, as is defined on the effective date of this ordinance and located within the Town of Vail, shall be submitted by the owner to the Town of Vail and said agreements shall be reviewed, approved and recorded prior to the effective date of this ordinance." Cleveland seconded the motion. Both Foley and Mason expressed concerns about the applicant not being present. The motion passed 4 to 2; (Bruno, Chapin, Cleveland, Moffet, —yes; Foley and Mason— no). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 6:35 p.m. Respectf ly S -itt-•, Attest: _ A Dave Cha.' , Ma or Patty ,cK ny, Town Council Meeting Minutes of September 20,2016 Page 6 Vail Town Council Meeting Minutes Tuesday, October 4, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern Dick Cleveland Kim Langmaid Jen Mason Greg Moffet Absent: Kevin Foley Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation • Rick Sackbauer, ERWSD and Vail resident, read a letter of support from Congressman Jared Polis about the wilderness designation. He spent a few minutes reviewing the work that has been done by various stakeholder groups, including ERWSD, on the legislation. Kim Langmaid thanked staff and board of ERWSD for their commitment to this process and drafting the legislation. • New director at Children's Garden of Learning, Maggie Swonger, introduced herself and thanks the Town of Vail for its support with their facility. • Jill Ryan, Eagle County Commissioner, addressed the group with her election platform for the upcoming November election 2. Proclamations 2.1. Proclamation No. 6, Series of 2016, In Recognition of the Styrofoam Stoppers for receiving the 2016 President's Environmental Youth Award as representatives of the EPA Region 8 Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Background: In August 2016 Leadville students Nicole Caves, Hunter Dee, Clara Kirr, and Violet Hill, the "Styrofoam Stoppers"traveled to Washington D.C. to receive the President's Environmental Youth Award from President Obama in recognition of a program they implemented to eliminate the use of Styrofoam in their school district. As part of the Environmental Protection Agency's Region 8, the Town of Vail wishes to recognize the value of youth leadership and environmental stewardship demonstrated by the students and the work they did to reduce waste in the region, and set an example for all. Town Council Meeting Minutes of October 4,2016 Page 1 The proclamation was read into the record by Council Langmaid and recognition for the students was given with an award to the students. 3. Consent Agenda 3.1. Minutes from September 6, 2016 meeting Moffet moved to approve the September 6, 2016 minutes; Bruno seconded the motion and it passed (4-0; Cleveland & Mason recused). 3.2. Minutes from September 20, 2016 meeting Moffet moved to approve the September 6, 2016 minutes; Cleveland seconded the motion and it passed (5-0; Langmaid recused). 4. Town Manager Report There was no report. 5. Presentations/ Discussion 5.1. Public Access Television Update - Channel 5 gets new name, High Five Access Media, and website Presenter(s): Jake Wolf, Board Member, J.K. Perry, Executive Director, Channel 5 Public Access Community TV (new name: High Five Access Media) Background: Public Access TV5 is now High Five Access Media. The nonprofit has re-created itself with a new name, logo and website, www.highfivemedia.org, to show the community the creative opportunities at local access media. There was an invitation extended to the community to visit their new website and learn about all their programming and open house on the Oct. 28 at Agave. 5.2. Resolution Supporting Eagle County Ballot Issue 1A (Affordable Workforce Housing) Presenter(s): Chris Romer, Vail Valley Partnership Background: A "YES" vote on Issue 1A ensures our community can remain competitive to keep locals local, creating a funding source much like other resort communities including Summit County, Pitkin County, and Teton County, and addresses housing accessibility throughout Eagle County through a variety of affordable housing programs including down payment assistance and public-private partnerships. See attached possible uses of funds and FAQ's, or visit http://voteyeson1a.com for more details. There was a presentation by Chris Romer with ample statistics and information presented about the region's housing shortage. Chapin noted the resolution would be scheduled for the Oct 18th meeting as an action item. There were questions and concerns expressed about how the funding and program would be implemented. Public input was invited; there was no input at this time. Town Council Meeting Minutes of October 4,2016 Page 2 6. Action Items 6.1. The Homestake Condos HOA is requesting permission to proceed through the development review process for a trash/recycle enclosure to be located in town-owned right-of- way. Presenter(s): Brian Garner, Planner Staff Recommendation: Staff recommends Town Council deny the applicant's request to proceed through the development review process. There was no action taken on this item. The applicant was asked to explore alternative options to using the town's right of way for their structure. The site visit taken earlier in the day was an opportunity to review if there were other options on the property for locating the trash and recycle enclosure. Travis Coggin, Homestake at Vail Condominium Association Board member was present to submit their request; he noted the property has many limitations and other locations included escalated costs. While it was acknowledged that permission had been given to another condominium association, the preferred approach by council members was to store these enclosures on the private property. 6.2. Ordinance No. 16, Series of 2016, First Reading, Gross Residential Floor Area, an ordinance for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the method for measuring Gross Residential Floor Area (GRFA) within the hillside residential (HR), single-family residential (SFR), two-family residential (R), two-family primary/secondary residential (PS), residential cluster (RC), low density multiple-family (LDMF), medium density multiplefamily (MDMF), high density multiple-family (HDMF), housing (H) and Vail Village Townhouse (VVT) districts, and setting forth details in regard thereto (PEC16- 0024). Presenter(s): Chris Neubecker, Planning Manager Background: This is a proposal to clarify the existing policy on Gross Residential Floor Area (GRFA) by modifying the text of Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, relating to how Gross Residential Floor Area (GRFA) is calculated in the following zone districts: hillside residential (HR), single-family residential (SFR), two-family residential (R), two-family primary/secondary residential (PS), residential cluster (RC), low density multiple- family (LDMF), medium density multiplefamily (MDMF), high density multiple-family (HDMF), housing (H) and Vail Village Townhouse (VVT) districts. The proposed ordinance would clarify that the lowest level of a structure is the floor area with the lowest U.S.G.S. elevation, including any floor areas within six (6) vertical feet of the lowest level. Only the below grade portions of these floor areas would be eligible for the GRFA basement deduction. This is a clarification of an existing policy and existing code language; it is not an application to amend the regulations. Staff Recommendation: The Planning and Environmental Commission recommends the Vail Town Council approve Ordinance No. 16, Series of 2016 upon first reading. Neubecker presented a summary of this information as presented in the town council packet memo. Chapin asked for public comment at this time and the following comments were made: Town Council Meeting Minutes of October 4,2016 Page 3 • Hans Berglund, Berglund Architects, addressed several components of the legislation. He suggested the code has section that is interpreted by staff, this section as one of the more common ones to interpret. • Ron Bryne, Ron Byrne &Associates Real Estate, addressed the topic noting that this is not broken, so why fix it. He shared that staff has been successful in their interpretations over the course of time and the ability to review the submittals on a case by case basis has been very successful. He also suggested this topic is so confusing for property owners; this would only be more confusing and disappointing to those who wished to redevelop their properties. . Public comment was closed at this time. Neubecker reiterated the legislation was not changing the policy but rather sets forth clarity to the policy for staff. Cleveland moved to approve on first reading, Ordinance No. 16 Series of 2016, an ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the method for measuring Gross Residential Floor Area (GRFA) within the hillside residential (HR), single-family residential (SFR),two-family residential (R), two-family primary/secondary residential (PS), residential cluster (RC), low density multiple-family (LDMF), medium density multiple-family (MDMF), high density multiple-family (HDMF), housing (H) and Vail Village Townhouse (VVT) districts, including that a multi-unit building shall be considered one structure, and setting forth details in regard, subject to findings as follows: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Bruno seconded the motion and it passed (4-2; Mason, Moffet— no). George Ruther, Director of Community Development, spoke in support of the PEC recommendation and the language which would include the description of the floor levels "within six vertical feet of the lowest level" with a request the council reconsider including that language. 6.3. Ordinance No. 26, Series of 2016, First Reading, Regulation of Greenhouses and Hoop Houses Presenter(s): Jonathan Spence, Planner Background: It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. Spence noted the intent of the regulations was to provide opportunities to grow food or ornamental crops with minimal regulatory framework and minimum impact on neighbors. There was some discussion about the following: ✓ There was currently limited language in the code Town Council Meeting Minutes of October 4,2016 Page 4 ✓ Was the growing of marijuana addressed? It was noted this could be addressed in the nuisance section Public input was invited and no public input was given. Langmaid moved to approve Ordinance No. 26, Series of 2016, First Reading, Regulation of Greenhouses and Hoop Houses. Bruno seconded the motion. There was a suggestion to change the five feet height restriction to four feet height instead. The amendment was agreed to by Langmaid and Bruno. The motion passed (5-1; Moffet— no). 6.4. Ordinance No. 27, Series of 2016, First Reading, Code Amendments to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. Presenter(s): Jonathan Spence, Planner Background: It is the intent of the amendment to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. Spence noted the current code language related to "when written approval of another property owner, owners or applicable owners' association is required" is unclear. The existing language doesn't adequately relay to a prospective applicant or property owner the circumstances when this approval is needed. This revision would create clarity in understanding when join property owner approval is required. Public comment was invited and none was heard. There was discussion about the related process for joint notifications. Moffet moved to Ordinance No. 27 on first reading, Bruno seconded the motion and it passed (6-0). 7. Public Hearings 7.1. Ordinance No. 21, Series of 2016, Second Reading, An Ordinance Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Recreational Unmanned Aircraft Systems (DRONES) Presenter(s): Craig Bettis, Commander, VPD Background: Unmanned aircraft systems ("UAS"), commonly known as drones, are devices that are used or are intended to be used for flight in the air with no onboard pilot. The Town Council finds that recreational UAS, when operated within the Town and particularly in populated areas, present an appreciable risk to public safety in the air and to persons and property on the ground. The Town Council, pursuant to its authority to protect and secure the public health, safety and welfare of its citizens, desires to enact regulations for the use and operation of recreational UAS in the Town. Bettis presented the ordinance for second reading noting the legislation was not about regulating commercial drones but rather regulating recreational drone use on public property in an effort to ensure safety for residents and guest on town property. He noted there were specific locations identified in the ordinance that would not allow this on public property, such as some parks, pedestrian ways, and near medical center. He noted some public input about the private use of drones over private property and what the legal ramifications would be; the town would not restrict use on private property. Public comments were invited at this time and Gwen Scalpello, resident, expressed concern about the allowing drones in the path of the flight for life Town Council Meeting Minutes of October 4,2016 Page 5 helicopters, requesting consideration for an inclusion of Meadow Drive between Lionshead and Vail Village, as property where drones would not be allowed. The public hearing was closed and a motion was made. Moffet moved to approve Ordinance No. 21, Series of 2016, Second Reading, An Ordinance Amending Title 5 of the Vail Town Code by the Addition Thereto of a New Chapter 15 Concerning the Regulation of Recreational Unmanned Aircraft Systems (DRONES) with an amendment to add Meadow Drive between Lionshead Vail Village. Mason seconded the motion and it passed (5-1; Cleveland opposed). 7.2. Ordinance No. 22, Series of 2016, Second Reading, An Ordinance Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking Presenter(s): Dwight Henninger, Police Chief and Matt Mire, Town Attorney Background: In 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law. The Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA Police Chief Henninger presented the ordinance with a brief explanation and noting the legislation was written so as to comply with current State of Colorado legislation, the Colorado Clean Indoor Act. Public comments were invited at this time. Local resident and business owner, Tommy Neyens, spoke about his concerns with enforcement and distance requirements. He preferred a 25 foot distance from businesses and an inclusion of this distance at bus stops. Some council members supported a 25 foot distance although it was suggested there would be unintended consequences with such a restriction. The Town Attorney offered to present more information at the next meeting about restricting more locations and providing the County's legislation, which was thought more restrictive. Moffet moved to table until Ordinance No. 22, Series of 2016, Second Reading, An Ordinance Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking until the October 18 meeting. Bruno seconded the motion and it passed (6-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned at 8:45 p.m. Re ctfull Submitted _ IVAAttest: ave Chapin, Mayor C' P. . en �w • erk NOFL O � vQp Town Council Meeting Minutes of October 4,2016 � O A?eV Page 6 Vail Town Council Meeting Minutes Tuesday, October 18, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation a. John Woodward, attorney representing the Gunn family owners of 332 Mill Creek Circle, spoke about an encroachment agreement since the home is under contract to be purchased. The encroachment agreement with the Town of Vail expires in 11.5 years; Woodward requested Council consider extending the lease for 49 years. b. Kaye Ferry, Vail resident, introduced the Republican Eagle County candidates to Town Council. Rick Beveridge and Michael Dunahay are running for County Commissioner and Mari Renzelman is running for County Treasurer. All spoke about their campaign platforms. c. Kathy Chandler-Henry, current democratic county commissioner, introduced herself to council as running for re-election and introduced her election platform topics, health care, affordable housing and water rights. d. Wendy Rimel and Tessa Kirshner, Eagle County residents, spoke to council about the two Eagle County Schools initiatives 3A regarding the mill levy and 3B the bond. e. Kerri Thelen, Vail Valley Soccer Club, thanked council for their support and she tated the Club had a fantastic turnout for the 2016 Vail Valley Cup. f. Michael Cacioppo, Eagle County resident, encouraged council and public to fact check the Eagle County Schools 3A and 3B initiatives by going to the Colorado State webpage. g. Lindsey Kiehl, Red Sandstone Elementary School student, asked the council to support the funding for the school's science lab. 2. Consent Agenda 2.1. Crosswalk Signs Installation Contract Award Presenter(s): Chad Salli,Project Engineer Background: The project includes installation of Rectangular Rapid Flashing Beacons at crosswalks located at the West Vail and Town Center roundabouts, West Lionshead Circle and the mid-block crosswalk at the Municipal Building. Improved lighting is to be installed at Town Council Meeting Minutes of October 18,2016 Page 1 the West Lionshead Circle and Municipal Building crosswalks. The project also includes installation of 5 variable speed limit signs between Ford Park and Elkhorn Drive to temporarily reduce the speed limit from 45mph to 25mph during overflow parking on the Frontage Road. The project is scheduled to be completed by November 15, 2016. Moffet made a motion to approve the contract award to Tri Phase Electric; Bruno seconded the motion and it passed (7-0). 3. Town Manager Report There were no updates at this time. 4. Presentations / Discussion 4.1. Parking Update Presenter(s): Greg Hall, Public Works Director Background: In August of 2016, the Town Council and Vail Resorts senior leadership agreed to meet with town staff to initiate joint discussions regarding parking to address operations as well as short term and long term outcomes. Today's presentation will be the first in a series of council sessions that will be used to provide the historical background and context to assist Town Council in assessing the town's parking policies and strategies now and into the future. Parking update to include: 1) Previous Town Council agreed upon polices and strategies from 2012; 2) Current and historical parking statistics; and 3) Strategy for use of the Frontage Roads for overflow parking, including agreements with the Colorado Department of Transportation Zemler introduced the topic noted they had been in contact with Vail Resorts and the VVMC senior management to discuss short and long term parking options. Hall provided the history of winter parking and explained there were two goals: 1) 15 days of overflow parking in the winter, and 2) allow 15 days of overflow parking in the summer. Hall provided council with an overview of parking objectives, strategies and management techniques that have been used in the past. Hall explained the improvements that the Town had completed per the lease agreement with the Colorado Department of Transportation (CDOT). Bruno stated this summer was crazy when it came to parking. Bruno asked if once the construction was completed at The Lion if it would ease the parking pain. Chapin thought this could be an opportunity to work with businesses whose private lots were empty this summer. Chapin stated lodges charge for overnight parking; which may explain why the structures were full at night too. Moffet felt the parking task force assisted in the past and thought the group should be reinstated. Langmaid thought a task force would assist with the problems and provide creative solutions and diversity. Zemler stated staff would provide council with more information on winter parking in a month after additional conversations with Vail Resorts and the VVMC and suggested holding off on appointment of parking task force until these discussion were completed. 5. Action Items 5.1. 2016-2017 Winter Parking Program Presenter(s): Greg Hall, Public Works Director Background: Each year the Vail Town Council approves the winter parking program prior to the start of the winter season. The parking rates and pass prices have remained the same Town Council Meeting Minutes of October 18,2016 Page 2 since the 2008-2009 season. The recommendation of the staff is to keep the program the same for this upcoming season. Attached is the proposed brochure for this season. The amount of pressure for this season with regards to construction and some loss of parking at the hospital will be felt in the early part of the season but will be less than last year and beginning in January will be even less demand. Hall reviewed the proposed brochure and explained staff did not recommend any rate changes. Council asked about the differences in passes and if there were any incentives for the local passes when the structures are not as full on Monday-Thursday. Hall stated the value passes offer a discount for the Monday-Thursday parking patrons. Public comment was taken and Wendy Rimel described parking difficulties on weekends for hockey games. Moffet moved to approve the 2016-2017 Winter Parking Program; Cleveland seconded the motion. The motion passed (7-0). 5.2. Resolution No. 30, Series of 2016, Resolution in Support of Ballot Issue 1A Affordable Workforce Housing Presenter(s): Chris Romer, Vail Valley Partnership Chris Romer, Vail Valley Partnership, reviewed Ballot Issue 1A with Council and explained Eagle County will create an advisory council to represent the entire valley. Public Comment was taken at this time. Mike Cacioppo, Eagle County resident, encouraged council not to endorse Ballot Issue 1A. Cacioppo felt there was more that could be done without raising property taxes for example dorm like housing on the mountain. Moffet moved to adopt Resolution No. 30, Series of 2016 and Bruno seconded the motion. The motion passed (7-0). 5.3. Resolution No. 31, Series of 2016, Resolution in Support of Ballot Issue 1B, Supporting Open Space, Rivers, Wildlife, and Trails Presenter(s): Pedro Campos, ECO Trails Board, "Yes on 1 B" Background: The "Yes on 1B Open Space, Rivers, & Trails" campaign committee has been formed to promote the passage of Eagle County Ballot Issue 1B. Pedro Campos, from Yes on 1 B, will address the Vail Town Council to provide an overview of Ballot Issue 1 B, answer your questions, and graciously ask for passage of the Resolution No. 31, Series of 2016, before the Vail Town Council in support of 1 B's passage county wide. Pedro Campos, ECO Trails, presented Ballot Issue 1B to council. Campos stated the revenue received from Ballot Issue 1B will assist with protecting wildlife, land conservation and increase recreation opportunities. Public Comment was taken at this time. Mike Cacioppo, Eagle County resident, felt ballot issue 1B lacked details of how that money would be spent. Cacioppo asked council to not approve Resolution No. 31, Series of 2016. Moffet expressed frustration with the ballot language not mandating how the tax money would be spent. Moffett stated he would not vote to support this resolution. Cleveland stated the trails are being built slowly due to lack of money and the County needs bonding capacity. Cleveland went onto say its not perfect, but it is a good opportunity to finish the trails connecting the Vail Valley and the future of recreation in the valley. Bruno made a motion to approve Resolution No. 31, Series of 2016 and Cleveland seconded the motion; which passed (6-1 Moffet opposed). 5.4. Ordinance No. 28, Series of 2016, First Reading, Annual Appropriation Ordinance: Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Town Council Meeting Minutes of October 18,2016 Page 3 Expenses, and Liabilities of the Town of Vail, Colorado, for its Fiscal YEAR January 1, 2017 through December 31, 2017 Presenter(s): Stan Zemler, Town Manager, and Kathleen Halloran, Finance Director Background: It is necessary for the Town Council to adopt a budget and financial plan for the 2017 fiscal year, to make appropriations for the amounts specified in the budget. Halloran, Finance Director, recapped the afternoon budget discussion with council. Public comment was taken at this time. Michael Imperi, Vail Mountain School, thanked council for their partnership with the school. Imperi asked council for financial support to assist with the cost of the replacement of the school's soccer field. Robin Litt, Vail Jazz Foundation, requested council over rule staff recommendation and grant 6 full days (not '/) at the Donovan Pavilion for their jazz events. Dimitri Moursellas, recommended council defer the $500,000 housing expenditure for deed restricted housing. Moursellas stated there are too many unanswered questions and there needed to be more discussion. Mark Murphy, Burton representative, thanked council for their consideration on sponsorship for the US Open. Council members agreed to grant Vail Jazz four full days at Donovan Pavilion and two full days at the Grand View Room. The usage is for midweek only. Moffet moved to adopt Ordinance 28, series of 2016 upon first reading and Foley seconded the motion. The motion passed (7-0) 5.5. Ordinance No. 29, Series of 2016, First Reading, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-3, to Require Possession of a Valid License or Permit While Operating a Motor Vehicle Presenter(s): Matt Mire, Town Attorney Background: This violation is currently prosecuted in county court. The Town of Vail is empowered to adopt municipal traffic regulations that reasonably promote the public, health, safety, and general welfare of its citizens. Ordinance No. 29, Series of 2016 will allow these violations to be prosecuted in municipal court. Town Attorney Matt Mire explained this ordinance allows these types of driving offenses to be prosecuted in municipal court rather then in county court. Moffet made a motion to adopt Ordinance No. 29, Series of 2016 upon first reading and Cleveland seconded the motion. The motion passed (7-0). 5.6. Ordinance No. 30, Series of 2016, First Reading, An Ordinance Amending Section 1-9- 8 of the Vail Town Code to Increase Court Costs Presenter(s): Matt Mire, Town Attorney Background: The municipal court costs imposed by Section 1-9-8 of the Vail Town Code have not been amended since 1992. It is necessary to increase court costs to keep pace with the greater administrative and operating expenses associated with operating the municipal court. Town Council Meeting Minutes of October 18,2016 Page 4 Mire explained this ordinance was to raise the municipal court costs to $25.00. Mire stated the court costs have been at $15 for a long time and it would now be at the rate as other municipalities. Moffet made a motion to adopt Ordinance No. 29, Series of 2016 and Bruno seconded the motion. The motion passed (7-0). 5.7. Ordinance No. 31, Series of 2016, First Reading, An Ordinance Amending Title 7, Chapter 2, Article A, of the Vail Town Code to Require Seatbelts and to Create a New Traffic Infraction for Violation Thereof Presenter(s): Matt Mire, Town Attorney Background: This violation is currently being prosecuted in county court. The Town of Vail is empowered to adopt municipal traffic regulations that reasonably promote the public, health, safety, and general welfare of its citizens. Ordinance No. 31, Series of 2016 will allow these violations to be prosecuted in municipal court. Mire reviewed the ordinance with council and explained this would allow for this type of moving violation to be prosecuted at the municipal level rather then at county court. Moffet made a motion to adopt Ordinance No. 31, Series of 2016 as read and it was seconded by Foley. The motion passed 7-0. 6. Public Hearings 6.1. Ordinance No. 16, Series of 2016, Second Reading, Gross Residential Floor Area, an ordinance for a Prescribed Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-15-3, Definition, Calculations, and Exclusions, Vail Town Code concerning the method for measuring Gross Residential Floor Area (GRFA) within the hillside residential (HR), single-family residential (SFR), two-family residential (R), two-family primary/secondary residential (PS), residential cluster (RC), low density multiple-family (LDMF), medium density multiplefamily (MDMF), high density multiple-family (HDMF), housing (H) and Vail Village Townhouse (VVT) districts, and setting forth details in regard thereto (PEC16-0024). Presenter(s): Chris Neubecker, Planning Manager Background: This is a proposal to clarify the existing policy on Gross Residential Floor Area (GRFA) by modifying the text of Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, relating to how Gross Residential Floor Area (GRFA) is calculated in the following zone districts: hillside residential (HR), single-family residential (SFR), two-family residential (R), two-family primary/secondary residential (PS), residential cluster (RC), low density multiple-family (LDMF), medium density multiplefamily (MDMF), high density multiple-family (HDMF), housing (H) and Vail Village Townhouse (VVT) districts. The proposed ordinance would clarify that a multi-unit building shall be considered one structure. This is a clarification of an existing policy and existing code language; it is not an application to amend the regulations. Staff Recommendation: The Community Development Department recommends the Vail Town Council approve Ordinance No. 16, Series of 2016 upon second reading, with an amendment by adding a sentence that reads "The lowest level shall be the finished floor level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level." If the Town Council does not support adding this sentence concerning the Town Council Meeting Minutes of October 18,2016 Page 5 six (6) foot step, then the Community Development Department recommends that the Town Council deny this ordinance. Chris Neubecker, Planning Manager, reviewed the ordinance and memo with council explaining staffs recommendation to reinsert the language allowing for a six foot step in the lowest level. There was no public comment. Cleveland made a motion to approve Ordinance No. 16, Series of 2016 with the additional sentence that reads " The lowest level shall be the finished floor level with the lowest U.S.G.S. elevation, including all floor levels within six (6) vertical feet of the lowest level" and Foley seconded the motion. The motion passed (6-1 Moffet opposed). 6.2. Ordinance No. 22, Series of 2016, Second Reading, An Ordinance Repealing and Reenacting Chapter 4 of Title 5 of the Vail Town Code, Concerning Smoking Presenter(s): Craig Bettis, Commander, Vail Police Background: In 2006, the Colorado legislature passed the Colorado Clean Indoor Air Act, C.R.S. § 25-14-201, et seq. (the "CCIAA"), which provides that a municipality may enact, adopt, and enforce smoking regulations that are no less stringent than state law. The Town Council desires to repeal and reenact Chapter 4 of Title 5 of the Vail Town Code to comply with the CCIAA and to regulate electronic smoking devices. Mire presented the ordinance to council with a menu of options regarding prohibited areas. Council questioned if every location listed on the menu was enforceable. Commander Bettis stated that it would be tuff to enforce in some of the locations listed. Council requested the following areas be added to the ordinance: ✓ Outdoor Parks, open space and recreation areas ✓ Skate Parks ✓ Soccer Fields ✓ Ball Fields ✓ Playgrounds ✓ 15 from trails, Multi-use recreation paths ✓ 15 feet from all transit stops and platforms There was no public comment. Moffet moved to adopt Ordinance No. 22, Series of 2016 as amended with a second from Bruno. The motion passed (7-0). 6.3. Ordinance No. 26, Series of 2016, Second Reading, An ordinance amending Sections 12-2: Defninitions and 14-10: Design Review Standards and Guidelines related to the Regulation of Greenhouses and Hoop Houses Presenter(s): Jonathan Spence, Planner Background: It is the intent of the amendment to provide opportunities for residents to participate in growing food or ornamental crops within a minimal regulatory framework while reducing the potential impact on neighboring properties. Staff Recommendation: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on September 12, 2016 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 4-2 (Stockmar and Gillette opposed). Town Council Meeting Minutes of October 18,2016 Page 6 Nuebecker reviewed the ordinance and the changes council requested during the first reading. There was no public comment. Langmaid made a motion to approve Ordinance No. 26, Series of 2016 and Bruno seconded the motion. The motion passed (6-1 Moffet opposed). 6.4. Ordinance No. 27, Series of 2016, Second Reading, Code Amendments to Sections 12-2: Definitions, 12-11: Design Review, 12-14: Supplemental Regulations, 12-15: Gross Residential Floor Area, 12-16: Conditional Use Permits and 12-17: Variances related to the joint property owner submittal requirement. Presenter(s): Jonathan Spence, Planner Background: It is the intent of the amendment to clarify and codify existing standard operating procedures related to joint property owner submittal requirements. Staff Recommendation: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on September 12, 2016 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. Neubecker explained this ordinance clarifies and codifies existing standard operating procedures related to joint property owner submittal requirements. Moffet moved to approve Ordinance No. 27, Series of 2016 and Mason seconded the motion. The motion passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 9:02 p.m. Respectfully Submitted," - MCAttest: ve Chapin, Mayor 1 41111111►- ,� , ' 10 e , Depuly To n Clerk JP,/ Town Council Meeting Minutes of October 18,2016 Page 7 Vail Town Council Meeting Minutes Tuesday, November 1, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern 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 1. Citizen Participation Mike Cacioppo addressed the Town Council requesting support for his candidacy for Colorado State Representative. Randy Guerriero, resident, expressed concern about the Special Development District being proposed at the former Roost Lodge location specifically the size, parking, and traffic impacts that would come with the project. Doug Lovell, Vail Resorts, Inc., introduced himself as the new Chief Operating Officer for Vail Mountain, taking over for Chris Jarnot who would be leaving soon to work in the VRI Broomfield Office, a result of organizational restructuring. 2. Appointments for Boards and Commissions 2.1. Vail Local (Liquor) Licensing Authority (VLLA) Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint one person to serve on the Vail Local Licensing Authority to fill one vacancy for a term to expire June 2017. Recent vacancy on the VLLA requires a mid cycle appointment to the Authority. Applicants were interviewed during the afternoon meeting. Bruno moved to appoint Ross Cohen to the Vail Local Licensing Authority; Foley seconded the motion and it passed (7-0). 2.2. Art in Public Places (AIPP) Board Appointment 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint one person to serve on the Art in Public Places Board to fill one vacancy for a term to expire March 2017. Recent vacancy on the AIPP requires a mid cycle appointment to the Board. Applicants were interviewed during the afternoon meeting. Town Council Meeting Minutes of November 1,2016 Page 1 Bruno moved to appoint Margaret Rogers to the Art in Public Places Board; Foley seconded the motion and it passed (7-0). 3. Consent Agenda 3.1. Resolution No. 33, Series of 2016, 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 Background: Resolution No. 33, Series of 2016 allows the Town Manager to sign an amendment extending an intergovernmental agreement with Eagle County that provides for reimbursement of costs associated with hauling at the Vail Recycling Drop Off. Moffet moved to approve Resolution No. 33; Cleveland seconded the motion and it passed (7-0). 3.2. Minutes from October 4, 2016 meeting Moffet moved to approve October 4, 2106 minutes; Bruno seconded the motion and it passed (6-0; Foley recused). 3.3. Minutes from October 18, 2016 meeting Moffet moved to approve October 18, 2016 minutes; Foley requested some corrections to the minutes associated with an (address, name, and input about council contributions). Moffet moved to accept the amendments of the minutes; Bruno seconded the motion and it passed (7-0). 4. Town Manager Report There was not a manager's report. 5. Presentations/ Discussion 5.1. Transportation Impact Fee Project Discussion Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Confirm or amend both the presented Transportation Project List, and the suggested approach that determines the percentages of development-related improvements that should be paid for by new development by means of a transportation impact fee. Background: The Town of Vail has hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is anticipated to codify the current traffic mitigation fee, help fund future transportation related projects as identified in the Vail Transportation Master Plan, and allow new development to "pay its way". The goal of this discussion is to review and provide a better understanding of the Transportation Master Plan project list and to what extent a transportation impact fee may be able to help fund these projects. Kassmel presented a summary of the project list and suggested approach that would determine percentages for developer impact fees. The project list was being updated with the Transportation Master Plan review, and included such items as shown below (full list provided in council packet memo): Town Council Meeting Minutes of November 1,2016 Page 2 PROJECT TYPE Transportation Improvements PROJECT LEVEL Plum LEVEL Systenetevel Split town of Vali,Colorado Percent Funded Percent Funded Percent Funded Existing Future %Future ID I PROJECT DESCRIPTION I DETAILED DESCRIPTION By Dev.Project By Impact Fee by Other Revenue Traffic Traffic Growth North Frontage Road A West Vail Commercial Roundabout& New Roundabout and Medians anto,pated with a major • Medians redenelopmentof Gart/Safewayl"Vail De Schone r00"u u B Butehr Creek Turn LanesNew Lett turn lane at BuMehr Creek Road 0% 52% 48% 820) 17007 52% C Buffeter Creek NET connection to New walk from Buffeter Creek to Marriott Roost ,Oq. 0% Marriott Roost Development D Marriott Roast Turn Lanes New left tum lane for Marriott Roost Development 100% 0% Com.. New left turn lane for west hat of Timber Ridge E Tmoer Ridge Turn Lanes redevelopment 10C% 0% C% A review was also made of the impact fee schedule highlighted below. See Figure 7 Transportation Impact Fee Schedule Maximum Supportable Tran.+portalioa Impact Fees J{ecrderrtitrl llne'r/uJrr.cikI.rf Min Minimum, Sq Ft! Masinstrnt Sq Ft A ttached in Core Area all sizes S4,0?8 Attached Outside Core all sins 55.048 Detached ii 2,099) S5,890 Detached 2.100 2.299 56.56.3 Detached 3.100 3.294) 59.424 Detached •1,IIX) 4,29') SI1.4.13 Detached 5.l1i:0 5.299 513.126 Detached • fa,l(M:i 6.299 SI•t.,iid I./etacbed 6.318I or more SI4.641 Hotel Oyer room) !low]in Gm':Area S-I tl3{ Ilcltel Outside.Core S5.048 Nonresidential trier sinnity loot of-floor area! Comrncrrial in Core ATea 59.42 Cotien t:mkt!Outside Core 520.36 (Mice 47.2ii 2 ()tiler Services S6.7i k3ettlei cr Town Council expressed support of the project list presented and the associated funding responsibilities approach to developing the transportation impact fee. There was requests for including more forward thinking projects that incorporate new modes of transportation and features, bike lines, etc. 6. Action Items j 6.1. Chamonix Neighborhood —60 Day Chamonix Neighborhood Scope of Services Report Presenter(s): George Ruther, Director of Community Development Background: This presentation will cover the following topics: • Conceptual site plans depicting two different density scenarios • Design and development of conceptual townhouse and duplex unit floor plans • Preliminary building sections and architectural elevations • Conceptual civil engineering and site grading plan for each of the two density scenarios • Updated project-level development budget and detailed construction budget based upon estimates of probable cost for each residential unit type and each site plan option Town Council Meeting Minutes of November 1,2016 Page 3 i • Construction schedule and recommend a preferred phasing plan presuming an initial construction start no later than May 1, 2017. • Due diligence process on system-built off site construction including schedule implications, cash flow and an initial estimate of cost for a system- built approach and a comparison to on-site stick framed construction • Proposed development pro forma whereby the Town of Vail provides the financing for the project • Proposed plan outlining the specific strategies and roles of the various parties involved in the marketing of the homes Ruther led the presentation and discussion on the agenda topic. Other presenters included Michael O'Connor, Triumph Development, who also presented information about the goals and reviewed the project site plan options, Will Hentschel 359 Design, who reviewed the design aspects of the units, and Mike Cuthbertson, RA Nelson, who addressed the construction components, Kathleen Halloran, Finance Director (Vail). Highlights from the presentations included: • Project guidelines and goals • Unit options and estimated costs • Overview of the site plans • Site plan for Option B site plan = 32 units • Intro of the "systems built" units • Pros and cons of Options • Site plan for Option A =40 units and building types • Described project amenities • Construction phasing proposals and related costs • Subsidies and financial affordability of the project; Buyer profiles; Subsidy Per unit by AMI level Ruther presented staff recommendations in order to advance site plan A and related tasks. He explained the component that would initiate taking reservations and market the project in an effort to further engage potential home buyers. Council's concerns were related to the affordability of the units. Chapin invited public input at this time as follows: • Dave Coltrane, resident on North Frontage Road , expressed support for the plan which included "more density" in order to accommodate more interested parties. • Joanna Biel, Vail Commons, expressed concern about the affordability of the units and would be interested in this project as their next step. Request a review of eliminating the garage to reduce costs. At this time the units would be too difficult to afford. • Ally Katz, Edwards resident, expressed desire to work and live in Vail and expressed concern about affordability of the project. Ruther noted several public input emails that had been sent to Town Council. In summary, there was direction given on the questions presented: • Which site plan, A or B, best achieves the Town Council's objectives for development in the Chamonix Neighborhood? Option A was preferred. • Are there any significant changes that need to be made to the floor plan designs before moving forward with design development drawings? There were no major floor plan design changes. • Which approach to the home construction should the development team pursue? On-site or off-site? Off-site construction was preferred. • Does the Vail Town Council authorize moving the Chamonix Neighborhood forward in the development review process? There was support to move the project forward. It was noted Town Council Meeting Minutes of November 1,2016 Page 4 the negotiations on the development agreement would occur concurrently with moving forward the plans through the development process. ■ Does the Vail Town Council support this cost/pricing structure or does the Town Council wish to add further subsidy to the development to increase the range of buyers to include home purchasers earning less than 120% of AMI annually? This item would receive more discussion and input at a future meeting. 7. Public Hearings 7.1. Second Reading of Ordinance No. 28, Series 2016, and 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, 2017 through December 31, 2017. Presenter(s): Stan Zemler, Town Manager, and Kathleen Halloran, Finance Director Halloran noted some of the changes made from first reading as follows: ✓ $29,000 for creation of a STEM Lab at Red Sandstone Elementary School ✓ $25,000 toward the recently-completed sports field reconstruction at Vail Mountain School ✓ An increase of in-kind funding for the Vail Jazz Festival for a total of four full day rentals of Donovan Pavilion and four full day rentals of Grand View with an estimated value of $32,000. There was discussion about the Starting Hearts funding request and direction this funding should be included in the fire or police department program and not a request for funding each year. Halloran also addressed an analysis made of historical wages compared to revenue and headcounts, the CIP and RETT funds, as well as an update about the VRD five year capital plan improvements. Moffet moved to approve Ordinance No. 28, Series 2016, second reading, 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, 2017 through December 31, 2017, with the direction to remove the Starting Hearts funding. Bruno seconded the motion. Chapin invited public comment; there was no input. Cleveland expressed his objection to the Red Sandstone Elementary School $29K funding request for the STEM expenditure and suggested the funding would be conditional on the outcome of the ballot measures. After some further discussion, the motion passed (7-0). Foley suggested the need to continue to review employee salaries and benefits moving forward. 7.2. Resolution No. 32, Series of 2016, Resolution Adopting a Budget and making Appropriations to Pay the Costs, Expenses and Liabilities of the Vail Local Marketing District, for its Fiscal Year January 1, 2017 through December 31, 2017 Presenter(s): Kathleen Halloran, Finance Director and Kelli McDonald, Economic Development Manager Background: On September 20, 2016, the Vail Local Marketing District received and approved the operating plan and budget for the fiscal year 2017. Moffet moved to approve Resolution No. 32, Series of 2016, Resolution Adopting a Budget and making Appropriations to Pay the Costs, Expenses and Liabilities of the Vail Local Marketing District, for its Fiscal Year January 1, 2017 through December 31, 2017. Bruno seconded the Town Council Meeting Minutes of November 1,2016 Page 5 • motion. Foley noted he would vote no stating his reason is that VLMD budget should cover costs of events. There was no public input. The motion passed (6-1; Foley— nay). 7.3. Ordinance No. 29, Series of 2016, Second Reading, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-3, to Require Possession of a Valid License or Permit While Operating a Motor Vehicle Presenter(s): Matt Mire, Town Attorney Background: This violation is currently prosecuted in county court. The Town of Vail is empowered to adopt municipal traffic regulations that reasonably promote the public, health, safety, and general welfare of its citizens. Ordinance No. 29, Series of 2016 will allow these violations to be prosecuted in municipal court. Moffet moved to approve Ordinance No. 29, Series of 2016, Second Reading, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-3, to Require Possession of a Valid License or Permit While Operating a Motor Vehicle. Bruno seconded the motion and it passed (7-0). There was no public input. 7.4. Ordinance No. 30, Series of 2016, Second Reading, An Ordinance Amending Section 1- 9-8 of the Vail Town Code to Increase Court Costs Presenter(s): Matt Mire, Town Attorney Background: The municipal court costs imposed by Section 1-9-8 of the Vail Town Code have not been amended since 1992. It is necessary to increase court costs to keep pace with the greater administrative and operating expenses associated with operating the municipal court. Moffet moved to approve Ordinance No. 30, Series of 2016, Second Reading, An Ordinance Amending Section 1-9-8 of the Vail Town Code to Increase Court Costs. Bruno seconded the motion and it passed (7-0). There was no public input. 7.5. Ordinance No. 31, Series of 2016, Second Reading, An Ordinance Amending Title 7, Chapter 2, Article A, of the Vail Town Code to Require Seatbelts and to Create a New Traffic Infraction for Violation Thereof Presenter(s): Matt Mire, Town Attorney Background: This violation is currently being prosecuted in county court. The Town of Vail is empowered to adopt municipal traffic regulations that reasonably promote the public, health, safety, and general welfare of its citizens. Ordinance No. 31, Series of 2016 will allow these violations to be prosecuted in municipal court. Moffet moved to approve Ordinance No. 31, Series of 2016, Second Reading, An Ordinance Amending Title 7, Chapter 2, Article A, of the Vail Town Code to Require Seatbelts and to Create a New Traffic Infraction for Violation Thereof. Bruno seconded the motion and it passed (7-0). There was no public input. Town Council Meeting Minutes of November 1,2016 Page 6 3 There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 9:00 p.m. R- •- ully '.0 i ed, Attest: < •ave Chapi Mayo Pattyy, own -rk ift*r e- 40 ... O�AO E�,� RAT Town Council Meeting Minutes of November 1,2016 Page 7 Vail Town Council Meeting Minutes Tuesday, November 15, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern 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 1. Citizen Participation Jonathan Stauffer, resident, expressed concern about acquiring USFS property to potentially be used for housing via land trades. He requested the town review and consider other parcels of land for housing. Talitha Koehler, resident, expressed concern about the recent national election results and was hopeful the local community would continue to support the rights of all people. 2. Proclamations 2.1. Proclamation No. 6, Series of 2016, Recognizing Eagle County Gives Day Presenter(s): Dave Chapin, Mayor Background: Proclamation recognizes the annual giving program, Colorado Gives Day, in Eagle County. The community is encouraged to participate on December 6th with donations to locally based non profit organizations which serve Vail Valley residents daily. Moffet moved to approve Proclamation No. 6, Series of 2016, Proclamation Recognizing Eagle County Gives Day; Foley seconded the motion and it passed (7-0). Paula Palmateer encouraged the community to contribute to the 48 local groups participating in Eagle County Gives Day. 2.2. Proclamation No. 7 Series of 2016, Recognizing America Recycles Day Presenter(s): Mark Hoblitzell, Environmental Sustainability Coordinator Background: November 15, 2016 is recognized as America Recycles Day. America Recycles Day is a nationwide project of Keep America Beautiful, recycling and waste education events are being held nationwide. Waste Diversion and Recycling is a major goal Town Council Meeting Minutes of November 15,2016 Page 1 of the Town of Vail Environmental Sustainability Strategic Plan and the town is joining Keep America Beautiful in celebrating America Recycles Day Langmaid moved to approve Proclamation No. 7 Series of 2016, Recognizing America Recycles Day; Moffet seconded the motion and it passed (7-0). It was noted the town held its e-recycling and paper shredding event and collected over 8,000 lbs. of e-waste and 2,000 lbs. of paper. 3. Consent Agenda 3.1. Resolution No. 35, Series of 2016, A Resolution Approving an Intergovernmental Agreement between the Town of Vail and the Colorado Department of Transportation Regarding Highway Maintenance: and Setting Forth Details in Regard Thereto Presenter(s): Greg Hall, Director of Public Works Background: The Colorado Department of Transportation ("CDOT") is required to maintain State highways including highways extending through a city or an incorporated town. the Town of Vail and CDOT wish to enter into an Intergovernmental Agreement authorizing the Town to maintain the highways within the town limits, and for the State of Colorado to pay a fee of$131,152.00 for such services. This is an increase over the last five year agreement and will the fourth, five year contract the town has undertaken with CDOT. Moffet moved to approve the consent agenda, Resolution No. 35. Bruno seconded the motion and it passed (7-0). 4. Town Manager Report There was an update about the following: 1. opening date of Vail Mountain with a delay until Nov. 25 2. Paid parking would also be activated when the mountain opens 3. Sale of parking pass occurring at municipal building offices downstairs 4. Early season bus service would be implemented Nov 18 5. Frontage road alignment would return to two lane travel tomorrow 5. Presentations / Discussion 5.1. Parking Update Presenter(s): Greg Hall, Public Works Director Action Requested of Council: Provide comment and input on the material presented. Background: In August of 2016, the Town Council and Vail Resorts senior leadership agreed to meet with town staff to initiate joint discussions regarding parking to address operations as well as short term and long term outcomes. Today's presentation will be the second in a series of council sessions that will be used to provide the historical background and context to assist Town Council in assessing the town's parking policies and strategies now and into the future. Town Council Meeting Minutes of November 15,2016 Page 2 Greg Hall, Director of Public Works and Transportation, presented information that provided context and updates to recent meetings held about parking in Town of Vail. He addressed the following items as well as some historical information and highlights from the 2012 Strategic Parking Plan (information addressed in council packet memo): 1) Review a summary of the various studies conducted with regards to expansion of parking and the previous council direction, 2) Discussion of the $ 4.3 M committed by Vail Resorts for parking expansion and the associated obligations, 3) Parking and Transportation Task Force formation including representation, tasks and timelines. Hall noted the following: ✓ Deficit today is 300 spaces ✓ Over next 10 years, another 600 spaces are needed ✓ Projections based on 2012 strategic parking plan ✓ In 2007-08, town's goal was to increase current public parking supply by 400 spaces to maintain 15 days of parking on Frontage Road. There were some ideas expressed by council as to "thinking out of the box" strategies: • Lease space outside of Minturn from State Land Board • Evaluate funding a "free" regional transit system • Evaluate the use of the railroad • Evaluate parking on north frontage road at middle creek apartments • Parking at public works offices • Parking at the driving range • Additional parking at Red Sandstone School • Offer carpooling incentives In addition, there was a review of the differing locations with some of the "pros & cons" identified as part of the slideshow presentation, including: Ford Park (structured and surface solutions) Lionshead Structure (structured solutions) North Frontage Road Solutions South Frontage Road Solutions EverVail Hall also addressed the VRI Parking Capital Investment Agreement, $4.3 M, that was directly tied to the EverVail project. He noted the funding would only be provided for net new public parking and only if a specified project was approved. There was finally some discussion about engaging the parking and transportation task force and council supported the suggested purpose, formation and appointment, as follows: Purpose: Parking and Transportation Task Force be reinstituted to review and provide input and recommendations to the Vail Town Council on the following topics: parking operations, transit operations and traffic operations focusing on both the winter and summer seasons. The direction of the task force should be to meet the goals and objectives of the parking plan as well as using the transportation master plan as guidance with regard to recommendations put forward. Input on the recommendations should be vetted in a public setting. Town Council Meeting Minutes of November 15,2016 Page 3 The task force is advisory while decision-making authority lies with the Vail Town Council. The make-up of the task force is recommended to include the following: --2 Vail Council members --2 representatives of Vail Resorts Senior Leadership Team --2 representatives of the restaurant community --2 representatives of the merchant community --1 representative from lodging In selecting the above representatives, it is important to have geographical representation from both Villages as well as West Vail --1 representative from community at-large In the past, the task force appointments have been made by the mayor and staff recommends this process continue. Support will be provided by the above mentioned town departments, various Vail Resorts departments, support from the Vail Chamber and Business Association, other major large employers and large parking supply owners such Council also supported moving forward with accepting letters of interest and making appointments to the task force in December and agreed that the mayor would appoint the members rather than conducting interviews. Council members were encouraged to make suggestions about who might serve. Zemler requested they reconsider appointing a hospital designee on the task force; the council supported this designee in light of the impacts and influence in the community of VVMC. There was support of staff returning with the following: ✓ job description that allows the ability to be very descriptive about the task force roles ✓ draft of possible outcomes from the task force ✓ consideration of an annual year by year analysis focused on how parking functions and operations Chapin invited public input at this time and no one offered input. 6. Action Items 6.1. First reading of Ordinance No. 32, Series 2016, an Ordinance providing for the levy assessment and collection of the town property taxes due for the 2016 tax year and payable in the 2017 fiscal year. Presenter(s): Kathleen Halloran, Finance Director Background: The town is required by Colorado state law to certify the mill levy by December 25 of each year. Moffet moved to approve Ordinance No. 32, Series 2016, First Reading, an Ordinance providing for the levy assessment and collection of the town property taxes due for the 2016 tax year and payable in the 2017 fiscal year. Bruno seconded the motion and it passed (7-0). There was no public input offered on this topic. Town Council Meeting Minutes of November 15,2016 Page 4 •• There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:25 p.m. Res.- gully S bmi ,-•, . I Attest: ..AI Jil 4.11.----'141 apin, uay•r r I • Patty Pc/I6 y, own I lerk N f oy 1dB , O � 1 4, 0 CO ORpO E°�� RAT Town Council Meeting Minutes of November 15,2016 Page 5 Vail Town Council Meeting Minutes Tuesday, December 6, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem 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 1. Citizen Participation Andy Daly, resident and former Vail Council member and Mayor, presented his ideas about housing with a request to develop a "strategic housing plan, more information that would clarify the council's position about open lands and housing, and a very public process if the town would proceed with USFS land trades. Paul Rondeau, resident, spoke about workforce housing, his recent letter to Vail Town Council members, and his workforce site selection decision table, outlined with the acronym FACETS. He encouraged the Council to be sure to have defined objectives and guidelines for housing decisions and requested more opportunities for public involvement and transparency. Mayor Chapin responded with some comments about the open lands planning process which is just beginning. He noted there have been no final decisions made about using open lands for development. He commented that this is a time to review ideas and get public input; he spoke about the town's public discussions taking place at multiple open houses for many topics as well as the regular scheduled public meetings. He apologized for his emotional comments but thought the public comments circulating were over the top and unfair to the elected officials. Local resident Ann, expressed disappointment about the Chamonix project noting the proposed price points as too high; she wants to live in Vail and not down valley but could not afford a unit in the project with the proposed sale prices. 2. Proclamations 2.1. Proclamation No. 8, Series of 2016, Declaring December 9, 2016 as "WhoVail Day" Presenter(s): Dave Chapin, Mayor Background: The Four Season Resort and Residences Vail hosts a holiday celebration annually with a Whoville-inspired gingerbread house and holiday music from Vail Mountain School Town Council Meeting Minutes of December 6,2016 Page 1 chorus for all of Vail's guests and community to enjoy. This year's festivities are taking place on December 9. Moffet moved to approve Proclamation No. 8; Bruno seconded the motion and it passed (7-0). 3. Consent Agenda 3.1. Minutes from November 1, 2016 meeting 3.2.1 Minutes from November 15, 2016 meeting 3.2.2 Resolution No. 36, Series of 2016, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Regarding Animal Services; and Setting Forth Details in Regards Thereto. Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (7-0). 4. Town Manager Report 4.1. Propose Annual Community Meeting Date as March 14, 2017 The date of March 14, 2017 was confirmed for the annual community meeting. 5. Presentations/ Discussion 5.1. Update on the Chamonix Neighborhood at West Vail Development Plan Presenter(s): George Ruther, Director of Community Development Action Requested of Council: To effectively and efficiently move forward with the Chamonix Neighborhood development a number of key decisions must be addressed before moving forward with any next steps. The key decisions include: • Are there any significant changes that need to be made to the floor plan designs before continuing forward with design development drawings and construction budgeting process? • Does the Vail Town Council authorize the Team to move forward with the unit mix as presented? The project team was present as follows: George Ruther, Town of Vail, Will Hentschel, 359 Design, Michael O'Conner, Triumph Development, Mike Cuthbertson, RA Nelson. Ruther and the team reviewed the following: BACKGROUND of the project. DEVELOPMENT SCHEDULE as follows: • December 12th—Work session with the Planning & Environmental Commission • December 12th— 16th- Small Focus Group Meetings • December 20th—Vail Town Council sign off to proceed (unit mix and floor plans) • December 21st- Conceptual review with the Design Review Board • January 9th— Final review by the Planning & Environmental Commission • January 9th—Launch marketing and reservation campaign • January 9th— 13th —Community Open Houses • December 6, 2016- Page 31 of • January 10th—Release Development Team to begin preparing construction documents • January 18th—Final review by the Design Review Board • February 7th—Vail Town Council final phasing sign off • May 2017—Complete lottery selection process • October 2017—First homes ready for occupancy Town Council Meeting Minutes of December 6,2016 Page 2 NEW HOME UNIT MIX AND FLOOR PLAN DESIGN The Development Team has prepared unit mix and floor plan designs for the Chamonix Neighborhood at West Vail development. A total of ten buildings (Building 1 thru 10) are proposed on the site. The ten buildings are an assemblage of five different building types (Building Type A thru E). The five building types are comprised of five different floor plans (Type 1 thru 5) varying in size from approximately 1,130 square feet(GRFA) to 2,676 square feet, including garage area. The garage areas varying in size from a one-car garage at 300 square feet to a two-car garage at 600 square feet. Two, two-bedroom, two bath, floor plan designs are proposed (Type 1 &2) and three, three-bedroom, floor plan designs are proposed (Type 3, 4, & 5). There was some discussion about which unit types might be more desirable by the public, design with one car garages? Michael O'Connor presented the MARKETING AND RESERVATIONS CAMPAIGN which includes some of the following tasks: - Project Design • Site plan with community amenities • Colored architectural plans/elevations for marketing package • Renderings • Unit amenity and specifications -Home sales price -Project website - Chamonix Neighborhood at West Vail Sales Center at Community Development to meet with prospective buyers. This will include floor plans, material specifications, finish boards, digital presentations, site plans, HOA documents, etc. - Qualified Buyer questionnaire -List of Frequently Asked Questions • Lottery process and qualification requirements • Financing options and local buyer assistance programs • Buyer assistance classes and information • Deed restriction and price escalation cap terms • Advantages of systems-built construction Additional tasks will also include: • Finalize marketing materials, website & questionnaire • Host community focus groups There was a comment about the need to better understand the proposed purchase price compared with the prequalified income levels of interested purchasers. Additionally, the topic of further subsidizing the units would need some discussion. Chapin invited public input at this time. Allie Katz, Eagle County resident, expressed her hopes that those living in Vail Commons and Miller Ranch might see Chamonix as the next step in housing; if this were the case she would then have a chance to afford the entry level housing offered in Vail. Tim Beall, Vail Commons resident, shared that he would prefer more space to a garage and noted the project is too high priced. He also submitted a letter expressing his concerns about the project and that the units are not affordable. Town Council Meeting Minutes of December 6,2016 Page 3 Andrew Benedict, Bellflower Drive resident of 20 years, in lottery for 2 years and asked questions about how the lottery will work, why the units are not more affordable, doesn't agree with the current lottery system. Kim Bell Williams, Valley Home Store, provided some facts about the prequalified buyers for Miller Ranch homes, with price points between $225K and $450K. She spoke about some of their deed restricted guidelines. There was no further public input given at this time. Chapin noted again the questions that need to be answered: • Are there any significant changes that need to be made to the floor plan designs before continuing forward with design development drawings and construction budgeting process? • Does the Vail Town Council authorize the Team to move forward with the unit mix as presented? There were some comments about the need to decide the unit mix and whether further subsidies would be given. There was a request to review construction costs as well; Ruther reviewed price estimates for Plans B & C. Chapin noted the item would be scheduled for discussion again on Dec 20, with further review of costs, subsidy levels and public input. Ruther noted this would delay the proposed timeline for the completion of tasks. 6. Action Items 6.1. Resolution No 34, Series of 2016, A Resolution of the Vail Town Council Appointing the Vail Local Housing Authority as the Town's Agent to Negotiate and Purchase Deed Restrictions in the Town. Presenter(s): George Ruther, Director of Community Development Background: The Vail Town Council is being asked to support the amended recommendation for the process and procedures for determining deed restriction acquisitions as adopted by the Vail Housing 2027 Strategic Plan Ruther shared the new decision making structure which the resolution adopts(diagram below); the decision-making authority would be transferred to the Vail Local Housing Authority rather than the Town Council. It was noted the resolution outlines criteria in which to follow when making the decisions about purchasing deed restrictions, outlined in Section 3. A New Decision-Making Structure 100$0...*— Vail Town Council moo (Policy) Town Staff (Administration) Town Council Meeting Minutes of December 6,2016 Page 4 The following criteria and findings shall be used by the VLHA when determining whether to acquire a deed restriction: • Supports and maintains a permanent year-round resident population that grows a diverse community where a wide range of demographics, economics, occupations and family household sizes are served. • Furthers the goal adopted in the Vail Housing 2027 Strategic Plan • Consistent with the housing policies adopted by the Vail Town Council for the acquisition of deed restrictions for resident housing • Demonstrated demand exists within the resident housing market for the type of residential product(studio, flat, townhome, duplex, single family, etc.) that is to be deed restricted • Fulfills a demonstrated need within a defined segment (i.e. for rent, for sale, owner occupied, etc.) of the residential property market. • Demonstrates a quantifiable return on investment based upon the conclusions of the Economic Value of the Town's Investment in Employee Housing Report, prepared by BBC, dated March 12, 2012 • The market value of the deed restriction is comparable in value to other existing deed restrictions within the community as demonstrated by a licensed real estate appraiser • Most cost effective and efficient use of the Town's limited supply of financial resources • Fair market value is paid for the deed restriction relative to current market conditions (i.e. supply &demand) • A transaction cap of$200,000 per dwelling unit to be deed restricted There were several council comments related to: ✓ Request for more frequent reports at six month intervals on acquisitions, the need for internal auditing and second signature on documents requirement ✓ Transition cap of$200K per dwelling unit to be deed restricted ✓ The ability to revoke the designation at any time It was noted that Finance would continue to work this the implementation of the resolution with the Town Manager and VLHA. Moffet moved to approve Resolution No 34, Series of 2016, A Resolution of the Vail Town Council Appointing the Vail Local Housing Authority as the Town's Agent to Negotiate and Purchase Deed Restrictions in the Town; Langmaid seconded the motion. Chapin invited public input and no input was given. The motion passed (7-0). 6.2. Ordinance No. 33, Series of 2016, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund Presenter(s): Carlie Smith, Senior Budget Analyst Several highlights were presented for each of the funds, summaries follow: General Fund: ✓ Staff requested an overall increase in budgeted expenditures of$131,790, which includes a $50,000 decrease in budgeted expenses as a result of the withdrawal of America's Winter Opening events by the Vail Valley Foundation and $158,290 relating to expenditures corresponding to the reimbursements. ✓ The remaining $23,500 of expenditures includes $8,500 for a police evidence system to manage and track evidence inventory; and $15,000 of additional contract audit fees that resulted in sales tax collections of$150,000. Town Council Meeting Minutes of December 6,2016 Page 5 ✓ These adjustments to the General Fund 2016 budget result in a net increase of$53.7K, with a resulting fund balance of$23.6 million by the end of 2016, or 64% of annual revenues. Capital Fund: ✓ Budgeted revenue will be decreased by a total of$9,686. This includes a decrease in rent collections of$38,160 from the Vail Commons homeowners association that will instead be managed by the HOA to fund capital improvements in the general common elements of the property. ✓ Staff is requesting to supplement 2016 expenditures by a total of$388,474. ✓ Other than the expenditures corresponding to the reimbursements mentioned above, staff is requesting to bring forward $210,000 from the 2017 budget to place an order for a plow truck(for delivery and payment in 2017). The dollars should be appropriated in the year the town is under contract. The Capital Projects Fund will be reduced by this amount during the first supplemental of 2017. ✓ The Slifer Fountain and Plaza project was intentionally moved into the Capital Projects Fund budget rather than the RETT Fund for estimated 2017 expenditures based on available fund balances and the amount of sewer line and infrastructure work involved. The initial project expenditures of$150,000 budgeted in 2016 now also need to be included in the Capital Fund, but will be reduced in the RETT Fund. The proposed budget adjustments will result in an estimated fund balance of$15.8 million by the end of 2016 Real Estate Transfer Tax (RETT) Fund ✓ Budgeted revenues will be increased by$180,000. This includes $10,000 of bag fee revenue to be offset by a corresponding expenditure of$10,000 for E-Waste Collection Day. ✓ The remaining $170,000 is a reimbursement from the Vail Recreation District that will partially offset additional expenditures of$620,000 to complete the Vail Golf and Nordic Clubhouse. The project encountered several unanticipated circumstances as well as design changes and decisions on "finishes"that resulted in a final projected cost of$11.0 million. ✓ Staff is requesting to supplement 2016 expenditures by a total of$480,000. This includes the expenditures corresponding to the reimbursements mentioned above offset by the $150,000 reduction of the 2016 Slifer Fountain and Plaza budget. ✓ The proposed budget adjustments will result in an estimated fund balance of$4.4 million by the end of 2016. Cleveland moved to approve Ordinance No. 33, Series of 2016, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund. Moffet seconded the motion. No one submitted any public input. The motion passed (7-0). 7. Public Hearings 7.1. Ordinance No. 32, Series of 2016, Second Reading, An Ordinance Providing for the Levy Assessment and Collection of the Town Property Taxes Due for the 2016 Tax Year and Payable in the 2017 Fiscal Year Presenter(s): Kathleen Halloran, Finance Director Background: The town is required by Colorado state law to certify the mill levy by December 25 each year. Town Council Meeting Minutes of December 6,2016 Page 6 Moffet moved to approve Ordinance No. 32, Series of 2016, Second Reading, An Ordinance Providing for the Levy Assessment and Collection of the Town Property Taxes Due for the 2016 Tax Year and Payable in the 2017 Fiscal Year. Foley seconded the motion. No pubic input was given. The motion passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:10 p.m. Res•ectf ly /Aid, Attest: C_..A Dave Ch.$in, Ma •r doik CLAX 'atty ny, s OP � KpORATEO Town Council Meeting Minutes of December 6,2016 Page 7 Vail Town Council Meeting Minutes Tuesday, December 20, 2016 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Deputy Town Clerk 1. Citizen Participation Stephen Connelly, resident, spoke about the benefits RBO accommodations bring the resort community noting that typically there are more favorable price points to the mid range market and ability to generate sales tax revenue for the town coffers. He also acknowledged there can be down sides to the neighborhood especially when the owners do not reside in the home on a full time basis. He hope the town would acknowledge these units on some of its accommodations lists, such as the Welcome Centers. Chris Fitzgerald, resident spoke about the Chamonix project and inquired about the property covenants; he also thanked Stan Zemler for his many years of service. Greg Bemis, resident, expressed concern that the chain link fence had not been up behind Vail Common's driveway as it is no longer used as an access point because of safety reasons. He asked if code enforcement would be able to respond to his inquiry. 2. Proclamations 2.1. Proclamation No. 9, Series of 2016, Recognize Harry Frampton, Vail Valley Foundation Presenter(s): Dave Chapin, Mayor Background: The Town of Vail recognizes Harry Frampton as the Vail Valley Foundation Chairman and extends their appreciation for his thirty-five years of service to the Vail Valley with Proclamation No. 9, Series of 2016. Moffet moved to adopt proclamation No. 9; Foley seconded the motion and it passed (7-0). 3. Appointments for Boards and Commissions 3.1. Appointments for Commission on Special Events Presenter(s): Dave Chapin, Mayor Town Council Meeting Minutes of December 20,2016 Page 1 Action Requested of Council: Appoint six members to CSE, four members to serve a term until December 31, 2018 and two members to serve a term until December 31, 2017. There are six vacancies on the CSE; interviews were conducted during the afternoon meeting. There are seven applicants interested in serving on the CSE. Bruno moved to appoint Barry Davis, Marco Valenti, Mark Gordon, and Alison Wadey to serve two year terms on the CSE as follows,. Moffet seconded the motion and it passed (7-0). Bruno move to appoint Samantha Biszantz and Rayla Kundolf to serve one year terms to the CSE. Moffet seconded the motion and it passed (7-0). 4. Consent Agenda 4.1. Resolution No. 39, Series of 2016, A Resolution Authorizing the Town of Vail to Grant A Utility Easement to Comcast of Colorado VI, LLC, and Setting Forth Details in Regard Thereto Background: The easement allows Comcast of Colorado IV, LLC to install service to several areas along the Gore Valley Trail. Moffet moved to approve the consent agenda; Langmaid seconded the motion. There was a request to include an update from Comcast representative at a future meeting; there have been recent rate increases and bundling of services that the public should be made aware of. The motion passed (7-0). 5. Town Manager Report The Town Manager did not report on any topics. 6. Public Hearings 6.1. Second reading of Ordinance No. 33 Series 2016, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund. Presenter(s): Carlie Smith, Senior Budget Analyst Chapin opened the public hearing; no public input was heard at this time. Staff noted one change from first reading as the $24,150 to contract with Destimetrics to begin the first phase of a "Rental by Owner" study. Moffet moved to approve Ordinance No. 33 Series 2016, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment Fund. Bruno seconded the motion and it passed (7-0). 6.2. Ordinance No. 35, Series of 2016, First Reading, An Ordinance establishing Special Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a limited service lodge and deed restricted employee housing units and a conditional use permit for public or commercial parking facilities or structures, located at 1783 North Frontage Road West/Lots 9- 12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030) Presenter(s): George Ruther, Director of Community Development and Matt Panfil, Town Planner Town Council Meeting Minutes of December 20,2016 Page 2 Background: The purpose of the proposed Special Development District (SDD), is to facilitate the redevelopment of the former Roost Lodge site with a 170 unit Marriott Residence Inn limited service lodge (LSLU), 107 Type III deed-restricted employee housing units (EHUs), six (6) unrestricted rental dwelling units, and a commercial parking facility, located at 1783 North Frontage Road West. Chapin opened the public hearing at this time. Matt Panfil, Planner, presented the SDD application and overview for the proposed redevelopment of the former Roost Lodge site as described above. It was noted the Town Council visited the site earlier in the day. His presentation included the following: • Review of some common related terms & acronyms • Background & purpose of Special Development Districts • Description of the Project Details, i.e. density, GRFA, EHUs, building heights, etc. • Highlights about PEC, public and staff comments about neighborhood compatibility, which were focused on the bulk, mass and scale of the project • Description of the deviations from the code, i.e. setbacks, building height, site coverage, loading berth heights, retaining walls • Outline of the SDD Criteria • Background about previous approvals for the location Panfil noted the Town of Vail Planning and Environmental Commission recommended that the Vail Town Council approves, with conditions, Ordinance No. 35, Series of 2016 on first reading, to allow for the establishment of Special Development District No. 41, Marriott Residence Inn, and set the date of the second reading of this ordinance for January 3, 2017. Applicant presents at this time Dominic Mauriello, Mauriello Planning Group, representing the applicant, Vail Hotel Owner, ESHV, LLC, presented the project application. He noted the project team included the Hart Group, Wright Heerema Architectds, MacDesign Landscape Architects, Alpine Engineering, Inc., Goulding Development Advisors, Shaner Life Safety and McDowell Engineering. His presentations addressed the following topics: > Need for the project > Public Support to-date (Vail Valley Partnership, Vail Chamber & Business Association, Vail Local Housing Authority) > The Existing Site > Project Overview ➢ Design Evolution > Views > Floor plans > Sustainability Characteristics > Review Criteria > Deviations from underlying zoning ► Below grade setbacks - not truly a "deviation" ► Building height ► Below grade site coverage ► Loading and delivery - height of one required space ► Retaining wall height and 2' wall setback ➢ Criteria compliance ➢ Public benefits (see table below) Town Council Meeting Minutes of December 20,2016 Page 3 ➢ Public benefits - see table below: PUEL I 17;'a' :i:,(. ti it tl�I , I At this time Chapin asked for public input and the following community spoke: Randy Guerriero, resident, expressed concerns about mass, bulk and height of the project buildings, as well as the retaining wall setbacks and traffic. He expressed concern that this will have serious negative impacts on the neighborhood and his property. He is concerned about the number of people who will be added to living in the neighborhood and the negative impacts on the streets and traffic flow out of the neighborhood. He asked for careful consideration of this project with less variances allowed. Chris Romer, WP, expressed their support of the project and its ability to produce affordable housing units and accommodations for the mid range visitor market; a project that would continue to help the valley remain economically sustainable. Ryan Kelsey, Vail Chamber and Business Association, expressed their support for the project. Jonathan Stauffer, resident, expressed serious concerns about the current proposal noting it is not a comparison to the original zoning that was allowed in the neighborhood; he requested work be done on the West Vail Master Plan as it is a residential neighborhood that will now be commercialized to an extreme. Gwen Scalpello, resident, expressed kudos to VLHA for seeking out more affordable housing opportunities in Vail, however, expressed concern over the bulk, mass and height of the project. Wendy Erb, resident, expressed concern about the bulk, mass and height of the project for this neighborhood, requested the need for an update to the master plan, too much impact on the neighborhood, i.e. noise, traffic, people. She asked council to carefully consider this proposal as it is too big. Town Council Meeting Minutes of December 20,2016 Page 4 Chris Burns, resident, expressed concerns about the density, bulk, mass and height. He is concerned about the environmental impact and the water and sewer infrastructure and requirements for the project. He requested that an update to the master plan be completed first as the project does not fit this neighborhood. Bob Boseli, business owner, expressed an appreciation for both sides on the topic; he does support the project for its housing opportunities and the market it would serve. Molly Murphy, VLHA & VVMC, expressed the need for more housing; she did present it to her employer and colleagues at WMC. Steve Lindstrom, VLHA and resident, encourage the community to try to solve its housing problems; Vail can not wait for down valley to fix the problems. Marc LaVern, resident, expressed concern the project is too large for the neighborhood area and requested a master plan be completed first. Susie Tjossem, resident, expressed concern about the bulk, mass, density, it is 25% too big! She agreed with comments of the others. Jill Klosterman, Eagle County Housing Department, share some of her concerns about the availability of land and housing crisis. Lorrie Johnson supported the project for the opportunity to address housing. Jim Lamont, resident and representative of Vail Homeowners Association, commended the community for its input on the project. He expressed the need for a west vail master plan, the purpose of the special development districts in Vail, and the need for the housing. Council requested renderings of the Buffehr Creek residences next to the proposed development and inquired as to whether the developer was planning to request funding from the VLHA to construct the units. There was some further discussion about the need to gather more information and allow for public input. Moffet moved to table and continue the hearing until January 3, 2017. Foley seconded the motion and it passed (7-0). 7. Action Items 7.1. Executive Search Firm Interview Selection Presenter(s): Dave Chapin, Mayor Action Requested of Council: Select three to five Executive Search Firms from the RFP responses who will be scheduled for interviews with the Town Council on January 3, 2017. Background: The Town of Vail published a Request for Proposals (RFP) for executive search services from qualified firms experienced in recruiting municipal executives to assist the Town in recruiting highly qualified candidates for Vail's next Town Manager. Town Council Meeting Minutes of December 20,2016 Page 5 Krista Miller, HR Director, noted there were twelve proposals reviewed. Public input was invited; there was no input. Bruno moved to select the following five search firms to interview on January 3, 2017, as follows: ✓ Affion Public ✓ Colin Baenziger &Associates ✓ Ralph Anderson &Associates ✓ Peckman & McKenney ✓ Strategic Government Resources Moffet seconded the motion and it passed (7-0). 7.2. Update on the Chamonix Neighborhood at West Vail Development Plan. 60 min. Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Request action by the Vail Town Council on a number of key development decisions. Decisions regarding financial subsidy, unit mix and floor plan lay out is needed. Does the Vail Town Council want additional financial subsidy factored into the sales price of the future homes? If so, how much and which home type(s)? Is the subsidy to be spread equally across all home type(s)?Which of the two site plan options does the Vail Town Council authorize the Team to move forward with; Site Plan B or Site Plan C? Are there any significant changes that need to be made to the floor plan designs before continuing forward with design development drawings and the construction budgeting process? Background: To date, the Vail Town Council has made a number of key decisions in the planning for the Chamonix Neighborhood in West Vail. The development team has relied upon these decisions to advance the development to its current iteration. More decisions are needed. Three decisions lie in the critical path of the development, and, as such, the development can not continue forward until decisions are made and direction is provided. Decisions are required regarding financial subsidy, unit mix, and floor plan design. Staff Recommendation: The Community Development Department recommends the following: 1. Instruct the development team to advance the design development drawings of each of the five, floor plan designs and layouts (Type 1—5), as presented. 2. Instruct the development team to advance the design development drawings of Site Plan B containing the unit mix as presented. 3. Advance with the next level of due diligence with systems built vendors. 4. Maintain the current level of subsidy (i.e. land, infrastructure, soft 5. cost, profit). No further subsidy is recommended. 6. Continue forward with the marketing and reservations campaign as contemplated within the scheduled timeframe proposed and set the lottery for May of 2017. Return to the Vail Town Council on January 4th with an updated phasing plan, a preliminary presentation on specifications, and the preliminary terms of a pre sale agreement. Ruther summarized the project and reviewed the two site plan options (comparison table below); staff recommendations identified above. The financial subsidy was noted at $3.6 M Town Council Meeting Minutes of December 20,2016 Page 6 made up of land, site access work and infrastructure improvements. A review was made of the "Chamonix Buyer Profile and Subsidy Memo" presented by Finance Department. The project team was present, Triumph Development, 359 Design, RA Nelson. The following table compares and contrasts the two site plan options: Site Plan Options: 11.1.16 12.6.16 Site Plan B Site Plan C Units %Total Units % Total Small 2BR -$402K 5 16% 5 16% Large 2BR-$498K 11 34°x6 5 16% Total 2BR 16 50% 10 .31% Small 3BR -$534K 0 0% 10 31% 3BR-$596K 6 19% 8 25% Enlaged 3BR -$734K 10 31% 4 13% Total 3BR 16 50% 22 69% Total Units 32 100% 32 100% Plan Notes More 2BR units More 3BR units More large 3BR units More 1-car garage units Development Cost $18,000.000 817.700,000 Chapin asked for public comment at this time: Joel Barten resident, expressed support of the project and appreciated the 3 BR units mix. He sees the project as one he would like to live in. Chris Fitzgerald, resident, expressed concerns about the lottery process favoring those who can afford the highest priced unit; he requested more density so there are more affordable units for those seeking housing. Chris Neuswanger , mortgage broker, requested caution with the deed restriction program especially during foreclosures. James Wilkins, resident and VLHA member, suggests there are locals who would be able to afford the mix of housing offered by the project. Kim Bell Williams, Valley Home Store, spoke about the list she keeps of those who are pre approved for housing; she noted that 25 people from her list would qualify. Chapin closed public input at this time. Council comments were given as follows: ✓ Some requested the need for additional public subsidy and others were satisfied with current subsidy on the project ✓ Would units be available for Town of Vail emergency services employees? ✓ Suggested more subsidies to support those at lower levels of AMI, such as $100 per foot and supported those at 80% AMI Moffet moved to create a $50 per square foot subsidy for all of the unit types which was an estimated total of$2M additional subsidies; Foley seconded the motion. The motion failed Town Council Meeting Minutes of December 20,2016 Page 7 (4-3); Bruno, Chapin, Cleveland, Mason — nay; Foley, Langmaid, Moffet—yea). There was consensus that Plan C was the preferred site plan option. Cleveland moved to proceed with the project with no additional subsidy; Bruno seconded the motion and it passed (4-3; Bruno, Chapin, Cleveland, Mason —yea; Foley, Langmaid, Moffet— nay). Moffet moved to accept site plan C, which includes 10 two BR units and 22 three BR units. The motion was seconded and passed (4-3; Bruno, Foley, Mason, Moffet— aye; Chapin, Cleveland, Langmaid — nay). 7.3. Deed restriction and lottery selection process for the future development of the Chamonix Neighborhood at West Vail. Presenter(s): George Ruther, Director of Community Development Action Requested of Council: The Vail Town Council will be asked to make a final determination on the deed restriction and lottery selection process. A determination on these two matters is needed to continue forward with the Chamonix Neighborhood marketing and reservation processes. Background: The Chamonix Neighborhood development helps the Vail Town Council achieve its adopted goal of"growing a thriving and balanced community'. To do so, however, a deed restriction for occupancy of the new homes and a lottery selection process are needed. On December 6th, the Vail Local Housing Authority presented its recommendation for both the deed restriction language and the lottery selection process to the Vail Town Council. At the conclusion of the presentation the Town Council instructed staff to prepare a final recommendation on these matters for a public hearing. No substantial changes were made to the recommendation since the work session on December 6th. Staff Recommendation: The Community Development Department recommends the Vail Town Council approves the proposed deed restriction language and lottery selection process as presented. The proposed language and process further the Town's stated guidelines and goals for the Chamonix Neighborhood development and help the Town achieves its objective of creating, maintaining, and sustaining community by constructing a for-sale, deed restricted housing development that provides home purchase opportunities for persons and families employed in Eagle County and committed to make Vail their permanent place of residence. Ruther presented the recommendations for the deed restriction programming. There were some changes suggested related to owning real estate that would not limit it to Eagle County. Chapin asked for public input at this time. Wendy Erb, resident, expressed support for employment within Eagle County Gwen Scalpello, resident, expressed concern about Vaill offering to subsidize and solve Eagle County's housing problems. Moffet moved to approve the proposed "deed restriction language" with one change to address property ownership (to remove Eagle County). Bruno seconded the motion and it passed (7-0). Council consideration was given the Lottery Selection Procedures, outlined below: • Each qualified home buyer shares an equal chance of being selected. Town Council Meeting Minutes of December 20,2016 Page 8 • In an instance of multiple home buyers within a household (i.e. marital spouses) each individual home buyer may have a separate chance of selection provided each individual is capable of qualifying independently. • Qualified home buyers shall select the home(s) for which they are interested in purchasing by placing their name into the hat for said home(s). A certified list of all names within the 32 hats will be created prior to commencing the drawing. • One qualifying home buyer's name will be drawn at random for each of the 32 homes. • The selected home buyer for each of the homes will have the option to execute a pre sale agreement, on its terms, for the home which they selected. If the selected home buyer declines the option, a new qualifying home buyer's name will be drawn, and so on, until a pre sale agreement is executed for the home. This process will be repeated for each of the 32 homes. • In an instance where a qualified home buyer is drawn for more than one home, they shall be limited to executing a pre sale agreement for only one home. Once the desired home is selected and a pre sale agreement is executed, the qualified home buyer's name shall be removed from the lottery selection process. • If a home buyer declines acceptance of a home, or otherwise fails to execute a pre sale agreement within the established timeframe, the home buyer shall forfeit their position and 1) request to have their name placed back into possible future drawing, or 2) be removed from the lottery selection process for said home entirely. • A lottery drawing schedule shall be established. Qualified homebuyers need not be present to be drawn Ruther proposed a requirement that the participant/representative must be present during the lottery selection. There was consensus to gather more public input on this topic. A "mock lottery" was conducted with town of vail employees. Pubic input was requested at this time with comments from Chris Fitzgerald and Wendy Erb. Public comment was closed at this time. The lottery process discussion would be scheduled again for additional public input at the next meeting, January 3, 2017. Zemler thanked Ruther and VLHA for their effort on these topics. 7.4. Resolution No. 37, Series of 2016, A Resolution authorizing the Town Manager to enter into a Pre Development Agreement with Triumph Development West, LLC, and setting forth details in regard thereto. Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 37, Series of 2016, as read. Background: The Town of Vail sought the professional services of a developer to construct the Chamonix Neighborhood at West Vail. Triumph Development West LLC was selected to be the Town's developer. The Town and Triumph wish to enter into a Pre Development Agreement to establish terms of preliminary services to be provided by Triumph for the construction of the Chamonix Neighborhood. Town Council Meeting Minutes of December 20,2016 Page 9 Staff Recommendation: The Community Development Department recommends the Vail Town Council approves Resolution No. 37, Series of 2016, as presented and read. The terms of the Agreement are consistent with the interests expressed by the Town Council. Moffet approve Resolution No. 37, Series of 2016, A Resolution authorizing the Town Manager to enter into a Pre Development Agreement with Triumph Development West, LLC, and setting forth details in regard thereto. Bruno second the motion and it passed (7-0). There was no public input. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 10:50 p.m. tf ily i :•, Attest: -4111111km,4164 A Dave Chapin, Mayor 'I N of Pat y - - , To � - k `• o Zoo N�c /i)'oORATs° Town Council Meeting Minutes of December 20,2016 Page 10