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HomeMy WebLinkAbout2017 Vail Town Council MinutesVail Town Council Meeting Minutes Tuesday, January 3, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Deputy Town Clerk 1. Citizen Participation Resident from Chamonix Chalets, Cindy, expressed concerns about extended stays of RVs and vehicles at the parking area for the north trail. She asked for some observation in that area so that long term parking does not occur. She also noted that littering has become a problem in that area as well. Greg Bemis, resident, expressed concerns about the plowing of the sidewalks around Vail Commons and emergency access that was not blocked for public use. He also complemented the town on the picnic structure at Donovan Park. 2. Consent Agenda 2.1. Minutes from December 6, 2016 meeting 5 min. Moffet moved to approve the December 6, 2016 minutes; Foley seconded the motion and it passed (7-0). 2.2. Resolution No. 1, Series of 2017, A Resolution Approving an Amendment to Intergovernmental Agreement Between The Town Of Vail And The Colorado Department Of Transportation Regarding 1-70 MP 180-182 - Vail Water Quality— Town Of Vail; and Setting Forth Details in Regard Thereto Background: The Town and CDOT wish to enter into an Intergovernmental Agreement (the "IGA") authorizing the construction of water quality improvements at 1-70 Exit 180 and two locations at 1-70 MP 182. The Town has received $700,000 from Transportation Alternatives Program funding grant for the construction of the project. Moffet moved to approve Resolution No. 1, Series of 2017; Bruno seconded the motion and it passed (7-0). 3. Town Manager Report 3.1. Retreat for Town Council (Set Date): There was consensus to hold a council retreat on Wednesday February 22. Town Council Meeting Minutes of January 3, 2017 Page 1 4. Action Items 4.1. Recommendation for the 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: Does the Vail Town Council support the recommendation for the lottery selection process? If not, what specific changes to the lottery selection process are required? Background: Demand for purchasing a new home in the Chamonix Neighborhood at West Vail development is high. Presently, hundreds of people have expressed an interest in the 32 new homes slated for development. With current demand exceeding the available supply, it is recommended that the Town of Vail conduct a lottery process for selecting the future buyers of the new homes at the Chamonix Neighborhood. Ruther summarized number business points presented in the packet memo as follows: Given the stated objective, it is recommended that the selection process not include weighted preference towards place or longevity of residency or place or longevity of employment. Instead, a true lottery selection process whereby each qualifying home buyer shares an equal chance of being drawn is recommended. A true lottery selection process: • is the most equitable means of selecting future home owners • helps to achieve the Town's objective • minimizes the Town's risk • increases opportunity for participation • avoids the perception of social engineering • demonstrates an evolution of improvement to other lottery processes To that end, it is recommended that the lottery selection process include the following requirements for participation and is conducted using the following procedures: ✓ Completion of a Chamonix Neighborhood Home Buyer Qualifying Application. The Application shall include: • Demonstrated ability to comply with the terms of the deed restriction if drawn for • home purchase. • Demonstrated ability to secure financing for the home(s) desired. • Signed acknowledgement of acceptance of the terms of the Chamonix Neighborhood Pre -sale Agreement and Purchase/Sale Agreement. • Demonstrated participation and successful completion of a Town of Vail or Valley Home Store sponsored Homebuyer Education Class within the previous 6 months. • The unit number(s) (i.e.1-32) of the home(s) interested in purchasing. ✓ One chance in the lottery selection process per Qualifying Application. Ruther spoke about a "mock lottery" process that helped them iron out some of the challenges and noted the marketing and reservation web portals would launch in the near future. Council input included some of the following: • Preference that people who want to be part of the lottery do not own other property • Preference that the guidelines address working less than 30 hours per week due to disability would occur after purchasing a unit Town Council Meeting Minutes of January 3, 2017 Page 2 • Preference that the system does not include any "weighted system" and concerns that the suggested lottery it is weighted towards those who have approvals for higher purchasing ability Chapin invited public input at this time. • Bobby L'Heureux, Minturn resident, expressed concerns about the pricing of the units; he was hopeful to qualify but with the current proposed price points he would not qualify. • Wendy Erb, resident, expressed concerns with the suggested lottery system and preferred names be put into a hat first and then once chosen the person would have the opportunity to select the unit type. • Chris Fitzgerald, resident, expressed concerns about giving someone too many chances to get a unit; he suggests the process described is one that is weighted to those who are in a higher financial bracket. • Kim Fuller, Minturn resident, asked that they reconsidered who they would like to live in Vail; she was hopeful to qualify for the units, but would likely have challenges at the current pricing. There were council concerns about the suggested lottery process as it related to conducting lotteries for each unit type which would favor those who were qualified to purchase at the highest price. There was support to "level the playing field" with the process; it was suggested to include only one primary lottery drawing and eliminate the drawings for each unit type. Chapin reminded the public the final decision about the lottery process would only apply to the upcoming Chamonix project. Ruther agreed to review the suggestion with the VLHA, the group who had made the original recommendation for the lottery process. He also noted he would conduct a "mock lottery" to test their preferred lottery process. 4.2. Selection of Executive Search Firm for Town Manager Recruitment Presenter(s): Krista Miller, Human Resource Director Action Requested of Council: Select an Executive Search Firm and direct the Town Manager to sign and enter into an agreement with the Executive Search Firm in a form approved by the Town Attorney. Background: Town Council interviewed four firms during the afternoon meeting at The Grand View with the Town Council. Moffet moved to direct the Town Manager to enter into a contract for executive search services with Strategic Government Resources. Langmaid seconded the motion and it passed (7-0). Langmaid seconded. There was reference made to engage the Vail community in the search process. 5. Public Hearings 5.1. 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) Town Council Meeting Minutes of January 3, 2017 Page 3 Presenter(s): George Ruther, Director of Community Development and Matt Panfil, Town Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 35, Series of 2016, upon first reading. 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. Staff Recommendation: The Town of Vail Planning and Environmental Commission recommends 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 Chapin opened the public hearing at this time. Staff Planner Matt Panfil presented the topic noting this agenda item would be a continuation of the last meeting's hearing. He distributed public comment letters and a letter from MPG dated 12/31/16 to the council members. The project timeline was reviewed and he addressed several questions related to 1) the clarification on length of leases, 2) updates on shuttle services, 3) how will the parking be assigned. There was a brief summary about the order of those presenting made by the Town Attorney. Chapin then asked for public input. Community members spoke as follows: • Randall Guerriero, Meadow Road resident, expressed concerns about the bulk, size and mass of the project, too big. He asked why Vail Resorts and other larger employers would not be part of the employee housing resolutions. He expressed concerns about several topics: ✓ The number of units proposed for housing and the impacts of the additional people on the neighborhoods ✓ how the deed restricted units would be monitored the leasing of the units, etc. ✓ how would parking in the neighborhood be monitored and managed ✓ the traffic impacts and ability of the turn lanes to mitigate the impacts ✓ He asked council members to reconsider allowing the size of the project. • Brooks Bock, representing Grand Traverse Homeowners Assn, noted their association has considered the project and would request the following: 1) do not grant any height variance, and 2) request the developer create a landscape buffer between the Grand Traverse property and the Marriott property. ■ Deena DiCorpo, resident, asked why does the neighborhood need to absorb so much of the affordable housing? She expressed concerns that the park is already overburdened and the project is just too big for the neighborhood. She asked them to be smart & take care of the residents. ■ Greg Bemis, Meadow Ridge Road, expressed concern about the size of the project noting it does not add to Vail's character, the project is too large for this property and there should be some setback from the road. • Rob LeVine, former GM of the Antlers, expressed empathy for the neighborhood and support for the project because of the affordable housing component and the need for this kind of lodging in Vail. If built, it could help solve some problems for employees and guests. Town Council Meeting Minutes of January 3, 2017 Page 4 • Sherry Dorward, resident and local landscape architect, expressed concerns about density, mass, bulk, height, and how it faces the frontage road. She requested there is a better design and site plan placement of the buildings, more integrity to the architecture, requested further review of the financial viability of the project further study of the traffic impacts with a plan to mitigate such impacts. • Dave Coltrain, resident, expressed support for the project for the employee housing units. • Pete Feistmann, resident, expressed that full financial disclosure be revealed by the project developers. He was concerned about the risk of failure of such a project and how the deed restricted units would be protected in light of failure. He requested there be a detailed review of the pro forma and financials on the project. • Wendy Erb, Meadow Ridge Road, expressed concerns about the following: • should be an evaluation about "locations" for employee housing • the project is too large, too much mass, bulk, and height • the calculation of GRFA of the employee units as part of the total square footage • below grade construction for parking • size of the retaining walls and slope failures ■ the financial backing of the project and the risk for the project to succeed • environmental impacts, i.e. noise, pollution, light ■ submitted two photos of the Roost Lodge showing height • requested the developer speak about the project and his background • Chris Burns, resident, expressed concerns about the lack of communication about the project, noting notifications were not sent to the neighborhood. He was concerned about how the units would be affordable and if the town were really getting benefits from the project. • Chris Romer, Vail Valley Partnership, expressed support for the project and the housing units; a project that would help solve lodging and housing. He noted the many approved SDDs in Vail that have been successful in providing benefits to the community. ■ James Wilkins, resident and member of the Vail Local Housing Authority, expressed the need for the project, his concern about the neighborhood becoming more second homeowners. He spoke in support of master zoning and planning the neighborhood and noted there would be a need for redevelopment that would likely include higher density; higher heights and better use of the existing land in Vail. He asked that everyone consider the longer view of the community. • Steve Lindstrom, west vail resident and chairman of the Vail Local Housing Authority, expressed support of the project and noted lack of housing at a critical state. This project would help solve this for the community. The public comment as part of the hearing was closed. The applicant, Peter Dumont, President of Harp Group, and Dominic Mauriello, Mauriello Planning Group, presented at this time. They addressed topics as follows: ✓ Their willingness to show the financial backing of the project ✓ The background of the investor and developer Mr. Dumont ✓ Additional information about the requested variances, setbacks and height ✓ A review of the design criteria ✓ The timeline of the project and related approvals Council comments were heard at this time. ✓ Requested clarification of the units, market vs. deed restricted ✓ Would there be requests from the developer for funding of the project; Mauriello responded there would be no request for funding for the project Town Council Meeting Minutes of January 3, 2017 Page 5 ✓ The size of the retaining walls were questioned ✓ Concern about access to the property and the traffic patterns ✓ Concerned about how to protect the deed restrictions ✓ Employee housing should serve employees only working in Vail ✓ Parking impacts should be evaluated ✓ The project meets community goals of housing After further discussion a motion was made by Moffet who moved to approve on first reading 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, citing the conditions and findings as recommended by the PEC, outlined below: The ten (10) conditions as follows: 1. Approval of Special Development District No. 41, Marriott Residence Inn, is contingent upon the applicant obtaining Town of Vail approval of an associated design review application; 2. The applicant shall obtain Leadership in Energy and Environmental Design (LEED) certification for the structure within one (1) year of issuance of the first Certificate of Occupancy. Failure to obtain the certification within the identified time -frame will necessitate a return to the Planning and Environmental Commission and/or Town Council for an evaluation of a suitable, replacement public benefit; 3. Prior to submitting any building permit application, the applicant shall identify the six (6) unrestricted, rental dwelling units and provide documentation that the units shall have the right -of -use to the lodge's service and facilities under the same rules and regulations as the lodge guests.; 4. Prior to submitting any building permit application, the applicant shall submit revised plans relocating the proposed retaining walls at least two feet (2') from adjacent property lines; 5. Should the Colorado Department of Transportation (CDOT) not approve the proposed landscaping in the North Frontage Road right-of-way, the applicant shall submit a revised landscape plan, for review and approval, prior to submitting any building permit application, subject to Design Review; 6. Prior to submitting any building permit application, the applicant shall submit revised plans that clearly illustrate signage and striping of the fire staging area; 7. Prior to submitting any building permit application, the applicant shall submit revised plans that illustrate the continuation of the proposed sidewalk to the intersection with Buffehr Creek Road 8. Prior to submitting any building permit application, the applicant shall submit approval from CDOT related to all proposed work within the CDOT right -of way; 9. The applicant shall mitigate system wide pedestrian and traffic impacts through the payment of a Transportation Impact Fee that shall not be offset by the project level improvements. This payment shall be made prior to requesting any Certificate of Occupancy for the project. The fee shall be determined through the ongoing update and codification to the Impact Fee as approved by the Town Council. In the event that the updated fee is not adopted by the Town Council prior to July 1, 2017, the applicant shall provide a payment, prior to requesting any Certificate of Occupancy, based upon net new PM Peak Hour vehicle trips generated by the development. The amount per trip shall be assessed at the established rate as of July 1, 2017; and 10. Prior to submitting any building permit application, the applicant shall provide roadway and snow storage easements for the portion of Meadow Ridge Road that encroaches onto the subject property in a format acceptable to the Town's Attorney. The findings as follows: 1. The SDD complies with the standards listed in Section VIII of this memorandum, or the applicant has demonstrated that one or more of the standards is not applicable; 2. The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; Town Council Meeting Minutes of January 3, 2017 Page 6 3. The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. The SDD 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 failed (4-3; Cleveland, Foley, Langmaid, Mason — opposed; Bruno, Chapin, Moffet — supported). Additional council comments included the following: ✓ The project does meet some community goals with the housing and accommodations (mid range pricing) ✓ There are existing property rights on the parcel for hotel development ✓ The project is too big ✓ They know it is important project that would help to solve housing crisis ✓ Great public input ✓ It may not meet all the design criteria outlined ✓ The community was commended for participating with input ✓ The criteria must be met There was council consensus to request another iteration of the project be presented that would address a reduction in size, both mass and height, of the project. Mauriello noted a 25 % reduction would not occur. Moffet moved to table the Ordinance No. 35 to the second meeting in February; Bruno seconded the motion. Moffet amended his motion to table the ordinance to the January 17 council meeting; Bruno seconded the motion and it passed (4-3; Bruno, Chapin, Cleveland, Moffet — yes; Foley, Langmaid, Mason — opposed). 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 9:45 p.m. Attest: ectf ly bmit -d, Town Council Meeting Minutes of January 3, 2017 Page 7 Vail Town Council Meeting Minutes Tuesday, February 7, 2017 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 Members absent Greg Moffet Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Chris Fitzgerald, resident, thanked the town for providing excellent services related to transit and snow plowing and removal. He also suggested some improvements to circulation in the roundabouts and requested a review of the bus stop location at Safeway / City Market area; he noted the congestion between the vehicle traffic and pedestrians and wondered if it could be improved. Michael Cacioppo, business owner, spoke about some follow-up questions to the council's earlier discussion about transportation impact fees. Paul Rondeau, resident, offered some ideas about the Marriott proposal and the configuration on the site. It was suggested he speak directly with the developer. Wendy Erb, resident, offered some comments about "who" would really qualify for the housing opportunities that would exist with the Marriott or Chamonix, does a teacher qualify since they work only part of a year? She also asked why the two largest employers wouldn't also be part of the discussion and housing solutions. 2. Consent Agenda 2.1. Minutes from January 17, 2017 meeting Foley moved to approve the January 17, 2017 minutes; Bruno seconded the motion. There was input about the need to amend the minutes to include a "condition about the deed restriction protection". Foley amended his motion to include this change and Bruno seconded the motion to amend. The motion passed (6-0). 3. Town Manager Report There were no items discussed. Town Council Meeting Minutes of February 7, 2017 Page 1 4. Action Items 4.1. Present an update and schedule on the planning and entitlement process for Chamonix Vail. Presenter(s): George Ruther, Director of Community Development; Kathleen Halloran, Director of Finance and Michael O'Connor, Triumph West Development Action Requested of Council: The development team is requesting that the Vail Town Council provide direction and answers to the following three questions: 1. Does the Vail Town Council support the development schedule as recommended? If not, what changes are needed to gain the Town Council's support? 2. Is the Vail Town Council supportive of continuing to pursue a single phase of construction as contemplated in the development schedule? 3. Is the Vail Town Council supportive of funding the development of Chamonix Vail with cash from town reserves? Background: The development team has created a Chamonix Vail Housing Critical Path Schedule for the completion of Chamonix Vail. The critical path schedule, as recommended, reduces costs, minimizes risk, allows for informed decision making to continue, and ensures the Town Council achieves its adopted goal of growing a thriving and balanced community. As recommended, the critical path schedule continues to push for a late April — early May construction start with the first homes available for occupancy in before the end of the year. This schedule, while aggressive, is appropriate and achievable. Staff Recommendation: The Community Development Department recommends the Vail Town Council affirms their support for the critical path schedule, as recommended by the development team, and in doing so, continues to support a single phase of development that utilizes cash funds from town reserves to pay for the cost of constructing the Chamonix Vail development. Ruther presented Section III of the council memo: Update on Progress to Date: ➢ Unveiling of www.Chamonixvail.com webpage ➢ Launch of the Chamonix Vail reservations and marketing campaign ➢ Hosting of a Chamonix Vail Interested Homebuyer's Meeting ➢ Announcement of six upcoming Homebuyer Education Classes ➢ Final Development Plan approval from the Town of Vail Planning & Environmental Commission ➢ Two review meetings with the Town of Vail Design Review Board ➢ Finalization of interior home floor plans and start of initial mechanical, plumbing, electrical ➢ design ➢ Ongoing communication and sharing of answers to the most frequently asked questions Critical next steps in the planning and entitlement process include: ✓ Final approval of the design review application by the Town of Vail Design Review Board on ✓ February 15th. ✓ Sign off on the construction documents for the development [February 21, 2017] ✓ Authorization to proceed with systems -built shop drawings [February 21, 2017] Town Council Meeting Minutes of February 7, 2017 Page 2 Kathleen Halloran, Finance Director, presented the funding projections for the following project approaches, 1) Single Phase Construction, 2) Phased Approach: Systems Built (Modular), and 3) Phased Approach: Stick Built. There were pros and cons identified with each approach, see below for projections: Single Phase Beginning Fund, Balance Annual Activity per 5 -Year Capital Ply Remaining Development cost estimated at $17.5M Systems Built Expenditures - No Phasing Systems Built - Sales of Units (Revenue) 2017 201B 2019 15,828,727 2,267,682 21,144,178 636,955 4,678,496 (9,496,899) (15,000.0&31 (2,544.000) 832,000 8,742,000 Estimated Fund Balance 2,267,682 _ 21,144,178 _ 11,647,280 Phased Approach: Systems Built (Modular) Beginning Fund Balance Annual Activity per 5 -Year Capital Plan 'Adds $1.4M in cost ($18.9M) Es Systems Built Expenditures - Phased Systems Built - Sales of ):nits (Revenue) ted Fund Balance Phased Approach: Beginning Fund Annual Activity 'Adds $1.4M it ($10.7M) 15,828,727 8,762,682 10,320,178 636,955 4,678,,496 (9,496,899)', (8.535 300 ) (10,395.00) •5', Stick Buttt - Endres Stick Built - Sates.ofUnits (Rey 802,000 7.274.000 g.488,000 8,762,682 10,320,178 10,291,280 15,828,727 7,600,682 9,520,178 636,955 4,678,496 (9,496,899) (8.8e5,003) ((10.835000) Estimated Fund Balance 8,078.00;7 Ci.4e8,000 7,600,682 9,520,178 9,491,260 Ruther then presented info about the "lottery & current "buyer information and shared the following: • the home buyer preferences questionnaire • steps taken after winning the lottery • descriptors about the interested buyers group (145 potential buyers) • the project schedule • action request from the council Michael O'Conner, Triumph Development, presented the project schedule and Mike Cuthbertson, RA Nelson, explained the status of the construction planning and noted their recommendation to bring on subcontractors to begin work as soon as possible. This was suggested in light of the supply and demand on the construction industry and the costs of construction. It was also noted the PEC approved the application and it is now being considered by DRB. Town Council Meeting Minutes of February 7, 2017 Page 3 t 4 Staff also noted they have engaged a third party to review the costs estimates, help identify risks, and suggestions for keeping costs in line. There were comments about using local contractors, and the construction method of the stick built vs the prebuilt options. Langmaid inquired about using the energy star appliances and Cleveland asked if the lottery deadlines could be moved earlier so there is a clear understanding of how many and who the buyers will be. He requested staff consider creating some sort of incentive to get completed applications. Chapin called for public input at this time; there were no comments. Cleveland moved to proceed with spending $50 K for the pre -drawings for the manufactured housing and directed RA Nelson to move forward lining up critical subcontractors in an effort to remain aligned with the proposed schedule. Foley seconded the motion and it passed (6-0). 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 7:30 p.m. Attest: Respectfully -gave Chapin Mayor v Town Council Meeting Minutes of February 7, 2017 Page 4 s , ,y 4 Vail Town Council Meeting Minutes Tuesday, February 21, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk Site Visits There were two site visits during the afternoon meeting, Rededication of the East Vail Fire Station and lunch with the Vail Recreation District members and staff at the Vail Golf & Nordic Clubhouse. A presentation about several VRD related items was given addressing such topics as: ✓ Formation & history of the recreation district ✓ Financial condition of the district ✓ The town's role and VRD's role related to recreational facilities and programming ✓ The list of capital projects ✓ Impacts of Gallagher Amendment on future revenues creating a shortfall for VRD expenses especially related to funding any capital projects ✓ Discussions about a funding ballot proposal It was agreed that VRD should develop a strategy for future funding of its operations and capital projects. 1. Citizen Participation Randy Guerriero, resident, commented on naming the lounge in Marriott as the "Roost Lounge". 2. Appointments for Boards and Commissions 2.1. Appointment for Vail Local Housing Authority Presenter(s): Dave Chapin, Mayor Action Requested of Council: Action requires a motion to appoint one applicant to the Vail Local Housing Authority to finish a term ending May 31, 2017. A recent resignation leaves one position vacant on the Vail Local Housing Authority. Interviews will be conducted during the afternoon meeting on Feb 21, 2017. The five members serve as Town Council Meeting Minutes of February 21, 2017 Page 1 the Board of Directors for the business of the VLHA which includes strategic and long term planning and management of the town's housing program. Bruno moved to appoint Francesca Meza to the Vail Local Housing Authority to a term ending May 31, 2017. Foley seconded the motion and it passed (7-0). 3. Consent Agenda 3.1. Contract with R.A. Nelson for Pre -Construction Services Bruno moved to approve the contract with R.A. Nelson; Foley seconded the motion and it passed (6-0-1; Moffet abstained). 4. Town Manager Report The Town Manager spoke about the following items: 4.1. Vail's Community Meeting on March 14, 2017 at Donovan Pavilion (5 pm until 7 pm) 4.2 Possible Town of Vail funding, along with Vail Resorts, Inc. (and Strategic Alliance Partners), of a concert during the "Spring Back to Vail" weekend in April. After some discussion about the idea, some council members were not in support of the last minute approach to this kind of proposal and expenditure. It was suggested this topic be a part of the budget cycle. A motion was made by Bruno, and seconded by Langmaid, to authorize the spending of up to $100K on this concert. The motion was not supported so Bruno revised the motion to include that the Town Manager be given authority to continue negotiating the idea of funding a concert with Vail Resorts, Inc. with clarification that this did not give any authorization to spend money. Langmaid seconded the amended motion. The motion passed (5-2; Moffet and Cleveland opposed). 5. Public Hearings 5.1. Ordinance No. 35, Series of 2016, Second 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 Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 35, Series of 2016, upon second reading. 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), 96 Type III deed -restricted employee housing units (EHUs), six (6) non deed -restricted rental dwelling units, and a commercial parking facility, located at 1783 North Frontage Road West. Town Council Meeting Minutes of February 21, 2017 Page 2 Staff Recommendation: The Town of Vail Planning and Environmental Commission recommends that the Vail Town Council approves, with conditions, Ordinance No. 35, Series of 2016 on second reading. Mayor Chapin introduced the agenda item and opened the public hearing at this time. Staff planner Matt Panfil presented two public input letters for the records as well as a summary of the application for the SDD and changes from first reading. His summary noted The public thearing for the first reading of Ordinance No. 35, Series of 2016, was opened by the Town Council on December 20, 2016 and subsequently continued to January 3, 2017 and January 17, 2017. At the January 3, 2017 meeting, the Town Council requested revisions to ensure compliance with the nine (9) review criteria. In response, the applicant responded with preliminary plans at the January 17, 2017 Town Council meeting. Changes to the plans included: • Reduction in building height by 3'-4' • Reduction in the total number of employee housing units (EHUs) from 107 to 96 and subsequent reduction in parking requirement from 320 to 299 parking spaces; • Agreement to reimburse the Town of Vail if the Town builds a left turn lane on North Frontage Road to the east access within five (5) years of project approval; • Provision of directional signage at the driveway entrances to the site; • Agreement to limit dogs to ten (10) limited service lodge units (LSLUs) and limit dogs to 50% of the rental apartments with a limit of one (1) dog per unit; and At the January 17, 2017 meeting, the Town Council voted 5-2 (Mason and Foley opposed) to approve, with conditions, Ordinance No. 35, Series of 2016, on first reading. Dominic Mauriello representing the applicant did not have additional comments on the application. Public input was invited at this time as follows: Randy Guerriero, resident, expressed concern about the turning lane into the hotel, too many dogs for the neighborhood with the housing, the use of heated sidewalks on Meadow Ridge Road, no parking on the same road, install the left turning lane now. Jenny Lewis, resident, asked to concede some of her time to another speaker. She also expressed concern that the development would overrun their neighborhood, too many units, too much traffic, impacts to their view corridor, etc. Wendy Erb, resident, continued to express concern about the project, too much density, too much height with a request that the town council reject the proposal. Greg Bemis, resident, expressed continued concerns with the bulk and mass of the project, requested they consider his proposal to swap properties with Timber Ridge for redevelopment on that parcel. Chris Burns, resident, represented his neighborhood homeowners association and read his letter into the record sharing some conditions that might mitigate the many impacts, some of which include: • The sidewalk — please keep the trees • Please include a fence to help keep the dogs on their property • Has constantly requested another rendering • This project interfaces practically with their property line • Include enough parking to ensure the employees have a place to park Town Council Meeting Minutes of February 21, 2017 Page 3 • Traffic ; loading & unloading impacts must be mitigated • Concerned about potentially destabilizing the area with any drilling or boaring • Must mange the excess dog waste as a result of the units • Concerned about sewage back ups • Water services implantation would be impactful • Flooding because of drainage issues • Must mitigate the light pollution • Impacts on the sidewalks • Where will there be enough snow storage in their area He asked that the council be fair as this level of density seems very unfair to their neighborhood. He also expressed disappointment that the staff on the project have never reached out to their neighborhood and it seemed their focus was on "development and not community". Howard Picking, resident, expressed opposition as well to the proposal in light of the excessive density; he would have thought the PEC would have worked to resolve some of the more dramatic and impactful characteristics of the proposal. He suggested two votes addressing, 1) the construction of the hotel as a use by right, 2) the employee housing units which should include more thought and discussion. Gwen Scalpello, resident, noted a comparison of this proposal to Middle Creek and Lion's Ridge's number of units suggesting there would be new density standards for Timber Ridge West when it is time for redevelopment. This might be the unintended consequence. Adele Picking, resident, expressed concern that this proposal would destroy what makes Vail so special in its character. Paul Rondeau, resident, once again asked that they consider rearranging the building on the property. He continues to ask why this project was started as a hotel and hijacked by housing? Leah O'Brian, resident, noted that change is inevitable, some new building will for be built regardless, it is time to offer this kind of housing in an effort to get back to the community it once was. Mark Levarn, resident, noted that while he sees there is more support for the business interests the project offers, he requested they continue to work towards more compromise about the bulk, density and mass of the project. He expressed concern that this project will set the standard for future development in Vail. Stephen Lewis, resident, asked the town to consider the financial implications of the proposal for the housing units, asking "are they really going to be affordable?" Stephen Connelly, resident, asked for a review of Rondeau's request to review a reconfiguration of the building and uses on the property. Steve Lindstrom, resident and Chairman of the Vail Local Housing Authority, thanked the developer and his team for embracing the housing component for the project. He appreciated their response to some of the community's housing needs. He reminded them the project Town Council Meeting Minutes of February 21, 2017 Page 4 • • requires only three variances, and the housing component is the real benefit for the town and requested a "yes" to the application. Closing comments were made by the applicant representative Mauriello who summarized the public benefits and the numerous concessions that have been made. Chapin thanked the public for their input and asked for council comments, some of which included: ✓ Confirmation the employee housing rental units couldn't be converted to weekend housing ✓ Confirmation there is language addressing foreclosure ✓ Confirmation there is a "use by right" for this property which includes a hotel this size ✓ Request to complete a West Vail Master Plan in the near future ✓ The application doesn't meet the design criteria component as the project is still too big ✓ The deviations of the project are offset by the housing benefits Moffet moved to approve, on second reading, Ordinance No. 35, Series of 2016, 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 170 unit limited service lodge, 96 Type 111 deed -restricted employee housing units, and six (6) non - deed restricted dwelling units, located at 1783 North Frontage Road West/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto with the following conditions: 1. The Developer shall obtain approval of the Design Review Board of an associated design review application; 2. The Developer shall obtain Leadership in Energy and Environmental Design (LEED) certification for the building within one (1) year of issuance of the first Certificate of Occupancy. Failure to obtain LEED certification will necessitate a return to the Planning and Environmental Commission and the Town Council for an evaluation of a suitable, replacement public benefit to offset the loss of the public benefit from the failure to obtain the LEED certification; 3. The occupants of the six (6) non -deed restricted dwelling units shall have the right to use the services and facilities of the lodge under the same rules and regulations as the lodge guests; 4. Should the Colorado Department of Transportation (CDOT) not approve the proposed landscaping in the North Frontage Road right-ofway, the Developer shall submit a revised landscape plan, for review and approval, prior to submitting any building permit application; 5. Prior to submitting any building permit application, the Developer shall submit a revised plan that clearly illustrates signage and striping of the fire staging area; 6. Prior to submitting any building permit application, the Developer shall submit revised plans that illustrate the continuation of the sidewalk to the intersection with Buffehr Creek Road in accordance with the recommendations of the 2009 Vail Transportation Master Plan; 7. Prior to submitting any building permit application, the Developer shall obtain approval from CDOT related to all proposed work within the CDOT right -of way; 8. Prior to submitting any building permit application, the Developer shall provide roadway and snow storage easements for the portion of Meadow Ridge Road that encroaches onto SDD No. 41 in a format acceptable to the Town's Attorney; 9. The Developer shall record deed restrictions against at least fourteen (14) of the dwelling units prior to obtaining any Certificate of Occupanc ,:the lodge; 10. Prior to the submitting any building application, t. .Tbw'n of Vail and the Developer shall enter into a Development Agreement to docu twprorf&ns related to off-site public improvements, easements, employee housinde6 f@striations, timing and payment of fees, property tax abatement for deed -restricted u its, d Sinlar provisions; Town Council Meeting Minutes of February 21, 2017 Page 5 11. The Developer shall provide for dog -walk areas on the green roof as more particularly described in the Development Agreement; 12. The Developer shall provide private shuttle van service for use by lodge guests and tenants of the property to retail core areas of the Town, as more particularly described in the Development Agreement; 13. The Developer shall provide for access to the hotel fitness and pool areas within the building, subject to a membership fee, for those owning property located on Meadow Ridge Road or within the Grand Traverse subdivision subject to rules and regulations adopted by the operator, as more particularly described in the Development Agreement; 14. The lodge shall limit the total number of limited service lodge units allowing dogs to 10 units. A maximum of 50% of the total 102 dwellings (96 deed restricted employee housing units and 6 non deed restricted dwelling units) may allow dogs, and only one dog shall be allowed in those units allowing a dog; 15. A second left turn lane shall be funded by the applicant as a reimbursement to the Town, if CDOT access code requires the improvement and the Town of Vail installs the left turn lane within eight (8) years of the approval of this ordinance. The funding by the applicant shall occur within one (1) year of the second turn lane being installed; 16. The Developer shall record deed restrictions against ninety-six (96) dwelling units in SDD No. 41, prior to the issuance of any certificate of occupancy; and 17. Prior to the issuance of a certificate of occupancy, the Developer shall coordinate all Art in Public Places (AIPP) contributions with the Town of Vail Public Works Department AIPP Coordinator Moffet noted the following findings as part of the motion: 1. "The SDD complies with the standards listed in Section IV of this memorandum, or the applicant has demonstrated that one or more of the standards is not applicable; 2. The SDD 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. The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. The SDD 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 (4-3; Foley, Langmaid, Mason opposed). 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 8:15 p.m. Attest: P Town Council Meeting iryt':. , lj bra i 7� Page 6 Vail Town Council Meeting Minutes Tuesday, March 7, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Michael Cacioppo thanked town staff for responding to a public information request, specifically the Town Attorney and Finance Director, who assisted with an article about federal funds at risk in sanctuary cities. It was noted Town of Vail did not approve this kind of status officially. Paul Rondeau, resident, presented comments about the Marriott Residence Inn project and the need to be cautious about employee housing restrictions. 2. Proclamations 2.1. Proclamation No. 1, Series of 2017, In recognition of Vail's Trailblazer Award Recipients' Vi and Byron Brown Presenter(s): Dave Chapin, Mayor Background: The Vail Trailblazer Award is presented to recognize an individual, couple or team that exemplifies the spirit and fortitude in making Vail a great community through one or more actions that make a lasting impact. Recipients will be recognized for their pioneering contributions of time and talent, courage, leadership, vision and commitment in their endeavor to enhance Vail's social, recreational, cultural, educational and environmental values that define the community. The Trailblazer Award was created as a legacy project when the Town of Vail was preparing to celebrate its 50th birthday on August 23, 2016. Mayor Chapin presented the award and the town council approved and read the proclamation into the record. Vi and Byron Brown thanked the community for the recognition. 2.2. Proclamation No. 2, Series of 2017, In Recognition of One Book One Valley 2017 Presenter(s): Lori Ann Barnes, Town Librarian, Dave Chapin, Mayor Background: The proclamation announces the 2017 One Book One Valley community read program which is sponsored by regional towns and offer numerous opportunities to review the Town Council Meeting Minutes of March 7, 2017 Page 1 book through events and lectures. This year's chosen book is "High Divide" by Lin Enger ( a teacher of English at Minnesota State University). The proclamation was read by the Town Council and approved. 3. Presentations / Discussion 3.1. Vail Police Department Life Saving Recognition Awards Presenter(s): Dwight Henninger, Police Chief, Marc Wentworth, Director, Vail Public Safety Communications Center Background: Vail Public Safety Communications Center dispatchers Kelly Klein, Tina Mojzer and Michelle Aranda were each awarded with lifesaver awards during 2016 and this serves as follow up to the recognition at an official public meeting. Three life saving recognition awards were presented by Police Chief Dwight Henninger and Director of Vail Public Safety Communications Center Marc Wentworth. The three employees, Kelly Klein, Tina Mojzer, and Michelle Aranda, were commended and honored by Mayor Chapin for their life-saving actions and noted as exceptional employees performing exceptional services on behalf of the town and for the community. 4. Appointments for Boards and Commissions 4.1. Appointments to Art in Public Places Board Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint two people to serve two years terms, April 1, 2017-2019. There are two applicants for the two vacancies on the AIPP Board, Margaret Rogers and Susan Bristol. Both applicants interviewed November 2016 when there was one vacancy. Since these two people were recently interviewed, it was decided to move forward with the appointments. Town Council shall appoint two (2) members for terms of two years each. This appointment term will end March 31, 2019. Bruno moved to appoint Margaret Rogers and Susan Bristol to serve two year terms on the Art in Public Places Board; Langmaid seconded the motion and it passed (7-0). 5. Consent Agenda 5.1. Minutes from February 7, 2017 meeting 5.2. Minutes from February 21, 2017 meeting 5.3. Resolution No. 6, Series of 2017, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Regarding Intermountain Forest Health and Setting Forth Details in Regard Thereto 5.4. Resolution No. 8, Series of 2017 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Concerning a Grant of Trail Maintenance Funds and Setting Forth Details in Regard Thereto 5.5. Self Contained Breathing Apparatus Contract Award Town Council Meeting Minutes of March 7, 2017 Page 2 Cleveland moved to approve the consent agenda with the exception of the February 7 minutes; Moffet seconded the motion and it passed (7-0). Cleveland moved to approve minutes from February 7, 2017; Foley seconded the motion and it passed (6-0-1; Moffet abstained). 6. Town Manager Report There was nothing reported at this time. 7. Action Items 7.1. Present the Vail Local Housing Authority recommendation for the deed restriction requirements for Chamonix Vail and provide an update on the development schedule and proposed lottery process Presenter(s): George Ruther, Director of Community Development; Michael O'Connor, Triumph Development West; Mike Cuthbertson, RA Nelson Action Requested of Council: Does the Vail Town Council support the recommendation of the Vail Local Housing Authority and the proposed requirements contained within the Chamonix Vail Deed Restriction? If so, the Team will take the steps necessary to finalize the deed restriction. If not, what specific changes to the deed restriction are required? Background: The 32 townhomes at Chamonix Vail will all be deed restricted. The terms of the deed restriction are in place to ensure the Town achieves its objectives for the new development. The deed restriction must be approved prior to applicants submitting for participation in the lottery selection process. The deadline for submitting to participate in the lottery selection process is March 17th. A final determination on this matter is needed to remain on schedule for an April construction start. Staff Recommendation: The Vail Local Housing Authority recommends the Vail Town Council approves the Chamonix Vail Deed Restriction as presented. Ruther noted the attachments included in the council packet materials; he also noted the Vail Local Housing Authority members were present. The Chamonix Vail deed restriction requirements were reviewed identified below: 1. Occupancy shall be limited to Owners choosing to continuously occupy the homes, make the home their permanent place of residence, and work at least 30 hours per week at a business licensed within Eagle County. 2. Future transfer of ownership shall be through the Town of Vail to a Qualified Buyer. 3. "Non -Qualified Owners" shall be prohibited. 4. Provisions shall exist for circumstances of inheritance. 5. Owners may rent part of their homes provided certain requirements are met. 6. The Town of Vail shall maintain a first option to purchase on all transfers. 7. Owner shall be afforded an opportunity to obtain a "Maximum Resale Price" cap upon the sale of a Chamonix Vail home. 8. Acceptance of a deed in lieu of foreclosure assignment shall cause the deed restriction to remain in full force and effect. 9. Terms shall be provided to address matters of breach of the deed restriction. 10. A partial reimbursement for certain capital improvements costs may be added to the Maximum Resale Price upon sale. 11. Owners may not own other residential property in Eagle County. Town Council Meeting Minutes of March 7, 2017 Page 3 Ruther also noted the VLHA recommendation to the Vail Town Council for additional restrictions, as follows: • To maintain affordability over time, the Maximum Resale Price should be correlated to historical changes, (+/-) in the Area Median Income, Median Family Income, Consumer Price Index, etc. within Eagle County, Colorado. Over the past two decades these indexes have changed 1.64% to 2.48%, respectively. For ease of implementation a 1.5% per Annum adjustment is recommended. • To avoid unintended consequences of residential property ownership, a Qualified Buyer may own residential property, land and/or homes, outside of Eagle County, Colorado. There was some discussion about several items: ✓ How the low end of appreciation cap of the 1.5% was determined and is it too low? ✓ The appreciation caps for Vail Commons and Chamonix • The affordability factor for the projects ✓ Request to the maximum resale price to include the word "cap" on the 1,5% per annum and that it is not guaranteed appreciation if the market goes down ✓ Request to include voter registration as a requirement Ruther noted they'd like direction about the agreement on the deed restriction as it is time to provide the information to lenders and other parties interested in the process. He noted the town would collect a 2% administrative cost for charges for administrative services provided. Chapin invited public comments at this time. • Chris Neuswanger, mortgage broker, expressed suggestions about adjustments to the deed restrictions in an effort to create ease of financing and refinancing for the homeowners. He suggested using some languages from the Chamonix guidelines. There was also some discussion surrounding the notice requirements associated with foreclosures. • Jessie Klehfoth potential buyer, expressed concerns about current ownership and the transition to Chamonix ownership with some of the restrictions and the uncertainty that would exist with the completion of the construction. It was noted with buying and selling and construction of new housing there would always be some uncertainties and risks. • Michael Cacioppo asked questions related to foreclosures and recouping costs. • Mark Bergman, potential buyer, expressed need to better understand how capital improvements play into costs and appreciations. Chapin closed the public input at this time. There was consensus to move foreword with the VLHA recommended deed restriction requirements with the addition of the voter registration requirement. The maximum 1.5% annum appreciation cap would remain, the Eagle County property ownership would not be allowed and deed restriction property ownership would be addressed. Ruther moved the discussion to an update on the 1) potential buyers, 2) the lottery selection process, and the 3) project schedule. Economic & Planning Systems (EPS) was asked to provide a point -in -time evaluation of the depth of future buyers. EPS has worked on affordable housing project developments in numerous communities in mountain settings as well as urban markets. The following were key takeaways from their review of the current applications: • • 127 respondents to the Homebuyer Questionnaire; 121 of these are considered to be • potential homebuyers because they currently live in the area • • 54% from Vail / 35% from Avon/Edwards / 11% renting outside of those locations • 30% currently own their own home, and 70% are renters • 67% of respondents are in a 1 or 2 person household • • 45% of respondents have been prequalified to purchase a home • Half of respondents have an annual income over $100,000, while 31% earn less than $75,000. Town Council Meeting Minutes of March 7, 2017 Page 4 A review of the lottery selection process was addressed next and staff set forth the following requirements for participation: ✓ Completion of a Chamonix Vail Home Buyer Qualifying Application. ✓ Demonstrated ability to comply with the terms of the deed restriction if selected for home purchase. ✓ Demonstrated ability to secure financing for the home type(s) desired. ✓ Signed acknowledgement of acceptance of the terms of the Chamonix Vail Reservation Agreement and Purchase/Sale Agreement. ✓ Demonstrated participation and successful completion of a Town of Vail or Valley Home Store sponsored Homebuyer Education Class within the previous 12 months. ✓ One chance per household for the one home type desired in the lottery selection process per Qualifying Application. ✓ Creation of a Chamonix Vail Home Buyer Wait List to address situations of selected home buyers "falling our of the home purchase process. Staff continued to recommend the selection process not include a weighted preference towards place of residency or place of employment, as a true lottery selection process is when each participate shares an equal chance of being selected. Ruther took time to review each step of the process as outlined in the council packet memo. It was recommended that all lottery participants come to the lottery on May 3rd with a prepared and prioritized list of homes (i.e. type and location) they would reserve and purchase if their name is selected in the lottery. Public input was taken at this time and there was some discussion about how many times a couple can enter the lottery, details about the pre qualification vs the down payment , the reservation system, and the wait list criteria. The project team reviewed the project schedule, noting the two schedules as follows: Original Schedule: ➢ Development Team continues with expedited design packages including site, utility and building foundation permit packages. The site and utility permit package will be ready for submission by March 16, 2017. ➢ On March 21, Staff/Council will review the depth of completed lottery applications. There are more than 147 people who have completed the Home Buyer Questionnaire to date. > Based on the strength of this market, council authorizes early construction activities beginning on April 3, 2017. These early authorized scopes include the following subcontractors (total value of these contracts authorized are in parenthesis): grading ($1,375,000), utilities ($525,000), factory deposits ($1,340,000), concrete foundations ($1,110,000), General Conditions ($75,000). At this time we would lock in the value of portions of the GMP. ➢ Of these commitments only $575,000 of local construction and $1,340,000 modular deposit will be spent prior to May 10, 2017. All of these early scopes are work that needs to be done regardless of any phasing plan and the Town will always retain the option to stop construction or change the phasing plan — even with work underway. ➢ Finalize coordination with the modular plant and complete Contract Design Package for pricing on April 7. Finalize Guaranteed Maximum Price (GMP) on April 28. > Run lottery on May 3, 2017. Make final phasing determination and execute the final GMP Development Contract on May 10, 2017 based on the results of that lottery. ➢ Under this original schedule, we will begin site and utility construction in early April -2017; pour concreted for the first units in early May -2017; deliver the first units in November -2017; deliver final units March -2018. Town Council Meeting Minutes of March 7, 2017 Page 5 Alternative Schedule: ➢ Council approves grading and utility work to commence in early April. Total scope of work $1,900,000. Only $575,000 completed prior to lottery. ➢ Complete GMP construction documents for all construction in April 7. ➢ Run lottery selection process and reserve homes May 3. ➢ Determine phasing and sign the GMP on May 10. Council authorizes final GMP and Champion deposit based on lottery results. Mike Cuthbertson, RA Nelson, provided the basis for the proposed schedules and estimated costs. There were questions about the guaranteed maximum price (GMP) that has not yet been provided. It was noted the form of the contract and documents must be decided upon first and then the numbers follow; they are still waiting for bid contracts to be returned by subcontractors. Zemler noted the town has a budget for the project and that would serve as the amount. There was not a good comfort level about starting the project without the executed documents. There was a preference for using the original project schedule. It was noted the documents would be reviewed at the next meeting March 21. Other business discussion points were: ✓ the variable is the pricing from the subs which in turn determines the schedule ✓ design detail is not ready which is why the estimate are lagging ✓ documents with all subcontractor bids may not be ready until April 14 ✓ would like authorization to move forward with some of the construction activities ✓ the town will not move foreword without the GMP and executed documents VLHA member Mary McDougall provided clarity to the prequalification letter which includes information from the applicant about income and liabilities and noted there is still another step of approval which evaluates assets, liabilities, credit, liquidity. She noted the pre approval step requires much more diligence by the applicant and the lender and identifies the prequalification letter vs. the final verification of a loan. 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 8:40 p.m. Attest: Respectfully Subm tted, Town Council Meeting Minutes of March 7, 2017 Page 6 Vail Town Council Special Meeting Minutes Tuesday, March 14, 2017 10:00 A.M. Vail Town Council Chambers 1. CaII to Order by the Mayor The special meeting of the Vail Town Council was called to order at approximately 10:00 A.M. by Mayor Chapin. He noted the meeting was not open to the public. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk Moffet moved to convene to executive session noting the citations on the agenda below, (Agenda items 2.1 & 4.1); Cleveland seconded the motion and it passed (7-0).. 2. Executive Session 2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Development Agreement with Triumph Development and Town Manager Candidate Selection/Contract Negotiations Presenter(s): Matt Mire, Town Attorney, Kathleen Halloran, Finance Director, George Ruther, Director of Community Development Background: Not open to public 3. Break 3.1. Lunch Break — from 11:45 a.m. until 12:20 p.m. 4. Executive Session II 4.1. CONTINUED Executive Session, pursuant to: 2) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Town Manager Candidate Selection Presenter(s): Matt Mire, Town Attorney and Ron Holifield, Strategic Government Resources Others present: Krista Miller, Human Resources & Risk Management Director Background: Not open to the public Special Town Council Meeting Minutes of March 14, 2017 Page 1 6. Presentations / Discussion - Informational only: 6.1. Vail Annual Community Meeting will be held from 5 p.m. until 7 p.m. at Donovan Pavilion There being no further business to come before the council, Moffet moved to adjourn the special meeting and Langmaid seconded the motion which passed (7-0) and the meeting adjourned at 2:00 p.m. Attest: Respectfully ub Five Chapin, -yor I Special Town Council Meeting Minutes of March 14, 2017 Page 2 Vail Town Council Meeting Minutes Tuesday, March 21, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Mayor Chapin recognized the Colorado State Legislature's recognition of Vail's Trailblazer recipients Vi and Byron Brown as submitted by State Senator Kerry Donovan. 2. Appointments for Boards and Commissions 2.1. DRB Appointments Presenter(s): Dave Chapin, Mayor Background: Two vacancies exist on the Town of Vail Design Review Board; interviews were conducted during the afternoon,. The term of each appointment begins April 1, 2017 and ends on March 31, 2019, two year terms. Bruno moved to appoint Peter Cope and Doug Cahill to two year terms on the Design Review Board; Foley seconded the motion and it passed (7-0). 2.2. Planning and Environmental Commission (PEC) Appointments Presenter(s): Dave Chapin, Mayor Background: Four vacancies exist on the Town of Vail Planning and Environmental Commission; interviews were conducted during the afternoon. There are three vacancies with two year terms and one vacancy with one year term (as a result of a resignation). Terms begin April 1, 2017 and end March 31, (2018 and 2019). Bruno moved to appoint Brian Gillette, John -Ryan Lockman, Karen Perez to two-year terms on the PEC, April 1 2017 to March 31, 2019, and Pamela Hopkins to a one-year term on the PEC, April 1, 2017 to March 31, 2018. Moffet seconded the motion and it passed (7-0). Foley thanked everyone who interviewed for the positions. Town Council Meeting Minutes of March 21, 2017 Page 1 3. Consent Agenda 3.1. Resolution No. 9, Series of 2017, supporting the Live Well Colorado Healthy Eating and Active Living Cities and Towns Campaign recognizes the importance of health and physical activity to the Town of Vail's culture and community Background: The Live Well Colorado HEAL Campaign supports stated Town of Vail Values in the Vail 20/20 Strategic Action Plan and ongoing local programs such as actively green and the town's efforts to become a certified sustainable destination. 3.2. Resolution No. 11, Series of 2017, A Resolution Approving an Agreement Between the Town of Vail and Aspen Wireless Technologies, Inc. Concerning a Network Operating Agreement and Setting Forth Details in Regard Thereto 3.3. 2017 Vail Slurry Seal Project contract award Presenter(s): Chad Salli, Project Engineer Background: On March 10, 2017 staff received two bids for the 2017 Vail Slurry Seal project. This year's streets to receive a preventative maintenance slurry seal are Spraddle Creek Rd, Potato Patch Dr, Sandy Lane, Beaver Dam Rd, Beaver Dam Cir, Forest Rd and Rockledge Rd. This project is budgeted within the Capital Streets Maintenance budget. Staff recommends Town Council authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with A-1 Chipseal in an amount not to exceed $140,000.00. Moffet moved to approve all items on the consent agenda; Bruno seconded the motion and it passed (7-0). 4. Town Manager Report There was nothing reported at this time. 5. Presentations / Discussion 5.1. Open Lands Plan Update Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager; Tom Braun, Braun Associates Action Requested of Council: Staff requests the Vail Town Council participate in the discussion and ask any pertinent questions, however as this is an update there is no formal action requested. Background: The most recent step in the planning process for the update to the 1994 Open Lands Plan was an in-depth Community Workshop, held on February 22nd at the Grand View Room, where the facilitator provided background information on what has changed since the original Plan and context for the discussion. Participants were asked to work in small groups to develop a response on each of the topic areas: land acquisitions, trails, and use of town lands. Staff Recommendation: As this is an update to the Vail Town Council on the process for the Open Lands Plan update, there is no staff recommendation at this time. Town Council Meeting Minutes of March 21, 2017 Page 2 The presentation made by Tom Braun addressed the following topics: 1) Summary of community meeting #1, 2) Current work program, 3) Community meeting #2, 4) Project schedule. There were many reasons noted as to why the need for a plan update, it is 22 years old and things have changed since '94, such as Population growth, growth in summer visitation, Gore Creek listed as Impaired, housing challenges, development of regional recreation facilities, increase in types of trail use. There was a summary of what was heard from the public neighborhoods on numerous topics identified below: ACTION PLAN / LAND ACQUISITIONS ✓ Protection of sensitive environmental resources ✓ Housing ✓ USFS lands TRAILS ✓ Trails in general — user groups ✓ Wildlife and environmental considerations • Neighborhood connectors USE OF TOWN LANDS Recommendations: A summary of the WORK PROGRAM related to each item was reviewed. Action Items/Land Acquisition • Evaluate 51 Action Items/recommendations from '94 Plan • Define "sensitive environmental resource", evaluate bio -diversity • ID potential for new Action Items to further environmental goals, re: Gore Creek/Wildlife • Evaluation of all Town -owned lands, re: housing/public uses • Evaluation of USFS lands Trails • Alternatives for addressing user conflicts • Define design parameters for trails • Assess environmental/wildlife impacts • Comprehensive plan of existing trails and types of trails • Evaluation of other trail improvements from '94 Plan • Feasibility of Concept Plan — neighborhood connectors Use of Town Lands • Evaluate RETT purchases/Open Space Designations • Evaluate/inventory all Town -owned lands • Open space protection techniques • Future town needs/suitability of available lands • Management of Town open space • Wildfire Next steps and the project schedule were reviewed. There was note made that the process is addressing open lands and not open space. There were comments made related to using open lands for housing and the meeting input seemed to not support that approach. There was no public input heard at this time. The planning would include another public meeting Town Council Meeting Minutes of March 21, 2017 Page 3 5.2. Ford Park 2017 Summer Managed Parking Calendar Presenter(s): Greg Hall, Director of Public Works & Transportation Action Requested of Council: Request input and approval on the 2017 Ford Park Summer Managed Parking Calendar as prepared by staff and the Ford Park User Groups. Background: 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's proposed 2017 managed and paid parking program is attached. Similar parking operations and transit service as 2016 will be provided. Greg Hall presented the 2017 calendar for Ford Park managed parking days as developed by the Ford Park User Group. There was some discussion about allowing customers paying only one time and allowing them to leave once, a philosophy that has been followed by the parking attendants. There was no public input on the topic. 5.3. Chamonix Vail — Home Buyer Lottery Selection Process Update Presenter(s): George Ruther, Director of Community Development Action Requested of Council: No action is required at this time. Background: The purpose of this memorandum is to present the lottery selection process for home purchases at Chamonix Vail and provide an update on the lottery applications submitted following the March 17th application deadline. Ruther presented an update on the Home Buyer Lottery Selection Process and the potential buyers at Chamonix housing development. Some of the highlights of the buyers were reviewed with a presentation drafted by independent third party Economic and Planning Systems, Inc.. • Development Plan includes: Unit Type Max. Sales Price Number of Units 2-1: 2 Bedroom, 1 -Car Garage $399,000 2-2: 2 Bedroom, 2 -Car Garage $499,000 3-1: 3 Bedroom, 1 -Car Garage $545,000 3-2: 3 Bedroom, 2 -Car Garage $599,000 3L-2: 3 Bedroom, 2 -Car Garage $739,000 • 90 applications submitted; 87 analyzed • Lottery applicant profiles (location, renters vs. owners, earnings, etc.) 5 5 10 8 4 • Interest by unit types • Prequalification level of applicants Town Council Meeting Minutes of March 21, 2017 Page 4 • Qualified interest by unit type Planned Total Unit Type Units #1 Ranks #2 Ranks 83 Ranks #4 Ranks #5 Ranks Interest 2-1 5 34 9 2 4 10 2-2 5 11 16 6 5 0 3-1 10 8 10 12 2 0 3-2 8 16 13 5 2 0 3L-2 4 6 3 4 2 3 • Demand Summary Only Qualified Applicants Total High Total Low Planned Unit Type Interest Interest Units 51,52 53 54 55 2-1 2-2 3-1 3-2 3L-2 43 27 18 29 9 16 11 14 7 9 5 5 10 8 4 59 38 32 36 18 In summary, Ruther noted that the demand is greater than the supply and they will continue to gather more information from the applicants. He noted the greatest demand was for the 2 BR and 1 Car Garage. He then noted the lottery application process closed last Friday and they would continue to work with EPS on the analysis of the information. The timeline for the lottery selection process is outlined below: • The deadline for submitting a complete lottery application to the Town of Vail Community Development Department is 5:00 pm, Friday, March 17th. • An invitation to participate in lottery will be sent out to the lottery participants by 5:00 pm, Friday, March 31st. • Draft copies of the legal documents (i.e., Chamonix Vail Deed Restriction, Chamonix Vail Reservations Agreement, Chamonix Vail Home Owners Association Documents, Chamonix Vail Purchase Agreement) will be provided to the lottery participants the week of April 3rd. • The Chamonix Vail Home Buyer Lottery will be held at the Donovan Pavilion, 6:00 pm, Wednesday, May 3rd. • Lottery winners will have up to five days (5:00 pm, Monday, May 8th) to execute a Chamonix Vail Reservation Agreement with the Town acknowledging their intent to purchase a new home at Chamonix Vail. They recommend all lottery participants come to the lottery on May 3rd with a prepared and prioritized list of homes (i.e. type and location) they would reserve and purchase if their name is selected in the lottery. He noted the legal documents were being drafted and applicants would be provided them by April 3; they are due back for the drawing and nothing was going to be negotiable. There was information provided about how they will manage the wait list by showing an example. Ruther thanked Kim Bell Williams and Mary McDougall who led five first time home buyer classes. There was some discussion about the type of loans that would be available for the purchase of these deed restricted units; Cleveland requested more information be presented on the topic. Public input was invited at this time. Town Council Meeting Minutes of March 21, 2017 Page 5 Chris Fitzgerald, resident, suggested having the ability for the applicants to observe the process of the construction and inquired about how many applicants would have kids at the school. 6. Action Items 6.1. Ordinance No. 1, Series of 2017, First Reading, An Ordinance Amending Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission on Special Events Funding Decisions Presenter(s): Kelli McDonald, Economic Development Manager, Matt Mire, Town Attorney Action Requested of Council: Approve, amend or deny Ordinance No. 1, Series of 2017 on first reading Background: The Vail Town Council (the "Council") directed staff to amend Section 3-6-8(B) of the Vail Town Code to allow the Council to call up an appeal on a decision made by the Commission on Special Events within 60 days rather then 10 days. Staff Recommendation: Approve, amend or deny Ordinance No. 1, Series of 2017 on first reading There was some discussion about the timeframe and whether it might be too long or too short. The sixty days were agreed upon and it was suggested it could always be changed. Bruno moved to approve Ordinance No. 1, Series of 2017, First Reading, An Ordinance Amending Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission on Special Events Funding Decisions. 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 7:20 p.m. Attest: " M. 41 •t' ayor _ e Chapin, Patty Town Council Meeting Minutes of March 21, 2017 Page 6 Vail Town Council Meeting Minutes Tuesday, April 4, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Stan Zemler, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Bob Armour, resident, thanked Charlie Turnbull and his team for their efforts on cleaning up vail, addressed the lights and pedestrian ways that have been installed, and thanked Stan Zemler, outgoing Town Manager, for his years of service and closed by saying the town is losing a friend!! Jim Carta, resident on Bald Mountain Road, asked for additional regulations and enforcement of the "dark sky" regulations. He has had issues with neighbors leaving lights on all night. Michael Kurz, resident thanked Zemler for his years of service and wished him luck! Randy Guerriero, resident, expressed concerns about activity in the area of the new Marriott development, (illegal truck parking, mud everywhere), noted the dog allowance on the property will create issues, requested that the left hand turn lane be installed. Eric Perkins expressed concern about the removal of the trees and the impacts it will have on the river and fish. 2. Proclamations 2.1. Proclamation No. 3, Series of 2017, Recognizing National Library Week 2017 Presenter(s): Lori Barnes, Vail Public Library Several library representatives and Library Director Lori Barnes were present supporting the proclamation. The proclamation was read and adopted by the Vail Town Council Town Council Meeting Minutes of April 4, 2017 Page 1 2.2. Proclamation No. 4, Series of 2017, Recognizing Stan Zemler, Town Manager Presenter(s): Dave Chapin, Mayor The proclamation was read and adopted by the Vail Town Council. Zemler said a few words thanking everyone for their kindness and heartfelt words. Moffet noted the most important thing he was part of was the hiring Zemler and extended his sincerest thanks!! 3. Consent Agenda 3.1. Minutes from March 7, 2017 meeting 3.2. Minutes from March 14, 2017 special meeting 3.3. Minutes from March 21, 2017 meeting Moffet moved to approve the meeting minutes referenced; Foley seconded the motion and it passed (7-0). 3.4. Resolution No. 12, Series of 2017, A Resolution Approving a Lease Agreement Between the Town of Vail and Vail Recreation District Regarding the Vail Golf Course; and Setting Forth Details in Regard Thereto It was noted the Vail Recreation District has not yet acted on the clubhouse lease and would do so once construction checklist items were completed. Zemler however recommended action be taken on the lease in an effort to move it forward to VRD for consideration once the items were finished. Moffet moved to approved Resolution No. 12; Foley seconded the motion and it passed (7-0). 3.5. Resolution No. 14, Series of 2014, A Resolution Approving a Lease Skate Park Management Agreement Between the Town of Vail and the Vail Recreation District; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 14; Foley seconded the motion and it passed (7-0). 4. Town Manager Report 4.1. Financial Eligibility of Deed Restricted Housing to Receive Conventional Financing Presenter(s): George Ruther, Director of Community Development Representatives from Alpine Bank, Mike Glass and Bill Walsh, were present along with George Ruther to review this topic. The bank's financing products were reviewed and it was noted they continue to follow the options that might exist for financing projects such as Chamonix Vail. There was also some discussion about the "notification process" associated with foreclosed units and defaulted loans. The town wants to be notified in these instances and does not want to rely on the homeowner for notification; it was noted public notifications occur over a 120 day timeframe. Town Council Meeting Minutes of April 4, 2017 Page 2 5. Presentations / Discussion 5.1. 1-70 Underpass Construction Update Presenter(s): Tom Kassmel, Project Engineer and Matt Figgs, CDOT Region 3 Project Manager Background: The 1-70 Vail Underpass project has recently begun the final phase of construction. CDOT will provide an update on the project and its progress. The anticipated completion is fall 2017. CDOT representative Figgs noted that work has begun and is slated to be completed fall 2017 on budget and on schedule. He informed them Frontage Road detours would begin April 24 with the same configuration as 2016 and town center roundabout northbound lane would be striped as two -lanes. There were some suggestions about signage that would assist pedestrians and bicyclists and business owners in the area. 5.2. Update on Parking and Transportation Task Force recommended summer work plan Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: Provide direction to the staff on the information presented as well as provide feedback on the issues regarding any additional information which would be useful as the Task Force, community and ultimately Town Council will decide on the whether the Town of Vail implements summer managed parking. Background: The purpose of this item is to: Provide Town Council with an update on the work to date by the Parking and Transportation Task Force (PATTF); Provide recommendations for Summer 2017 and planning for Summer 2018; and Request Town Council direction regarding next steps. The PATTF has convened three meetings in 2017: January 23, February 24 and March 24. The focus of the Task Force has been an evaluation of summer operations. Staff Recommendation: Staff recommends at a minimum, funding the three alternatives at the lowest amount projected. This is a total budget adjustment of $206,000. Greg Hall presented the background and to date description of the task force and its work as described in the council packet memo, and suggested the following summer 2017 recommendations: Parking Duration Data Collection: 18 -week summer - $81,200 The advantage of the total period would be the town would have data for the entire summer season and any variations from the various time periods would be known. The messaging would be consistent for the entire season. It would be easier to staff for the entire season. OR Parking Duration Data Collection: 4 -week period - $19,600 The advantage of this scenario is reduced cost. The disadvantage would be the challenge in selecting which weeks to test. It would be recommended to test a week in each month and then project the data based on actual usage for each month. This scenario presents a greater communications challenge due to the inconsistent timing of the test periods. Staffing would also be a challenge for each week. Another alternative would be to sample a 4 -week simultaneous period for the same cost. The disadvantage would be the variation of uses by time of the year. We know July is our busiest time and if parking recommendations are based on only data from July we may not be able to predict usage in other months as accurately as might be needed. Town Council Meeting Minutes of April 4, 2017 Page 3 Guest/User Surveys - $35,000 It is recommended that at a minimum we survey 3,000 users or about 2% of the nearly 600,000 transactions during this time period. In addition, we would reach out to local employees similar to the employee portion of the 2016 citizen survey using the Internet survey method. Survey budget is $35,000. The survey would help determine optimum pricing scenarios. Enhanced Summer Transit Service Pilot Program - $151,000 - $235,000 The Task Force discussed implementing enhanced summer service this year. The East Vail route currently has 1 -hour service levels. The Golf Course and Sandstone routes have 2 -hour service. The lack of more frequent service levels have been identified in past citizen surveys as well as community picnics every year. Task Force members suggest this enhancement be used as a first step to promote getting people out of their cars and onto the buses as an alternative. Enhanced transit service would reduce vehicle trips and be more in line with the town's environmental commitment. The desire to provide better service to the East Vail trail areas from hour service to 30 minutes would also help reduce trailhead parking capacity issues. Enhanced summer transit service would also be an added guest amenity for outlying lodging properties in East Vail, Sandstone and the Golf Course areas. Finally, the town would have the data of increased transit service with ridership numbers to compliment the summer parking 2017 data in hand allowing for more informed decision-making for summer 2018. After some discussion, there was consensus and support for the following items: ✓ 12 week parking data collection (mid-June until mid September) ✓ use of the intercept studies for the guest & user surveys Council requested additional options and related costs to the enhanced Summer Transit Service Pilot Program to be reviewed at the next meeting. Chapin noted there would be NO CHARGE for SUMMER PARKING! 6. Action Items 6.1. Resolution No. 10, Series of 2017, A Resolution Approving the Chamonix Vail Development Agreement Between the Town of Vail and Triumph 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. 10, Series of 2017. Background: The Chamonix Vail Development Agreement is needed to facilitate the development of Chamonix Vail. The Development Agreement outlines the general terms of the development and the obligations of the Town and the Developer, among other important expectations and considerations. The term of the Agreement shall be from its Effective Date until January 1, 2019. The general terms and obligations of the Agreement are outlined in the staff memorandum, dated April 4, 2017. Staff Recommendation: The Town staff recommends the Vail Town Council approves Resolution No. 10, Series of 2017, as presented. Ruther reviewed the terms of the agreement as outlined below: II. Terms of the Development Agreement The Chamonix Vail Development Agreement is needed to facilitate the development of Chamonix Vail. The Development Agreement outlines the general terms of the development and the obligations of the Town and the Developer, among other important expectations and considerations. The term of the Agreement shall be from its Effective Date until January 1, 2019. The general terms and obligations of the Agreement include: Town Council Meeting Minutes of April 4, 2017 Page 4 ➢ A total contract price of $17,728,000. ➢ Obligations of the Developer to: 1. deliver to the Town a total of 32 townhome style units consistent with the set of plans and specifications approved by the Town of Vail. 2. deliver the homes in accordance with the schedule outlined in the Agreement. 3. (December 2017 — March 2018) 4. cause the General Contractor to provide a payment and performance bond to secure the construction of the development. 5. operate within an open -book environment and provide evidence of all costs, expenses and mark-ups related to the Development. 6. pay the Town liquidated damages for failure to deliver the new homes within the schedule outlined. 7. transfer a two year warranty for all public improvements and an assignable, one year warranty for the private improvements. 8. procure and maintain a policy of insurance for commercial general liability and 9. builder's risk. ➢ An obligation of the Town to: 1. pay the Developer on a monthly basis for work completed. 2. accept the new homes from the Developer upon demonstrated completion consistent with the approved plans and specifications. • Provisions for a Force Majeure event. ➢ Upon the Effective Date of the Development Agreement, the Development Agreement shall supercede and replace the current Pre -development Agreement. Allowances for Soil Conditions ($36K), Modular Staging ($40K) and Excel Energy Utility installation ($165K). Provisions for a 5% - 15% monthly retainage There was some discussion about the schedules provided, the deed restriction exhibit and a proposed parking plan during construction. Triumph Development and RA Nelson representatives were present to address the schedule and the execution of construction contracts. They also presented the need to include both types of construction at this point as final pricing was not yet completed. Chapin invited public input at this time. None was given. Moffet moved approve to approve Resolution No. 10, Series of 2017, A Resolution Approving the Chamonix Vail Development Agreement Between the Town of Vail and Triumph West, LLC; and Setting Forth Details in Regard Thereto, with the following additions to the motion: • both schedules would be included as C 1 or C2 • the documents must be executed no later than April 12, 2017 • the agreement no longer includes Exhibit D addressing the deed restrictions Bruno seconded the motion and it passed (7-0). Zemler acknowledged George Ruther for his diligent work on this project and all parties were commended for bringing this project to fruition. 6.2. Ordinance No. 2, Series 2017, First Reading, Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Heavy Equipment Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No, 2, Series 2017 There was some discussion about the details of the General Fund savings related to salaries from positions. Moffet moved to approve Ordinance No. 2, Series 2017, First Reading, Town Council Meeting Minutes of April 4, 2017 Page 5 Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and Heavy Equipment Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto. Foley seconded the motion and it passed (7-0). 6.3. Award contract for design of the South Frontage Road from Vail Valley Medical Center to Lionshead Parking Structure. Presenter(s): Tom Kassmel, Project Engineer Action Requested of Council: Approve Design Contract Award Background: The Town of Vail has budgeted to reconstruct the South Frontage Road from the Vail Valley Medical Center to the Lionshead Parking Structure in 2019. In order to coordinate the projects design with the pending Vail Valley Medical Center and Evergreen Redevelopments, Town staff suggests accelerating the design of the project one year so that design and construction coordination can occur appropriately. Staff Recommendation: Authorize the Town Manager to enter into a design contract, in a form approved by the Town Attorney, with SGM in the amount not to exceed $375,000; to be funded by the traffic impact fee fund. Kassmel presented the project ;yid, gall -- I nl.r:r,. 1 yrrr,rs'Ir;f, , I.. L•r rrr�u:�•.r,i .•tI e;rrc•: •:rS•i r ' A1C. ti'V\it 11.. 1•t)V 1'ponla _ Rudd t.onc(!pl u i 1 Tnlpro yt'TTI.out Ilan Funding for the project has previously been identified as shared between the Town of Vail, Vail Transportation Impact Fees, and each development's (Vail Municipal Building, VVMC, and the Evergreen) project level requirements to access this portion of the South Frontage Road. Based on Council and staff discussions at the February 7th Town Council meeting regarding this topic staff advertised a RFP for design services for the South Frontage Road design and received two proposals: • Felsburg, Holt, and Ullevig (FHU) $530,000 • SGM $375,000 Town Council Meeting Minutes of April 4, 2017 Page 6 The necessary design fees can be supplemented into the 2017 budget from the existing traffic impact fee fund, currently having a fund balance of $950,000; and/or if desired, the funding could also be reallocated from the Vail Renewal Authority (VRA) TIF dollars, which are currently budgeted for this project in 2018 & 2019, in the amount of $100k and $3.5 Million respectively. There was some discussion about the status of the other two projects and delaying this work until later; it was noted that VVMC would be submitting an application for redevelopment in the near future and there was no word yet on the hotel. Moffet moved to authorize the Town Manager to enter into a design contract, in a form approved by the Town Attorney, with SGM in the amount not to exceed $375,000; to be funded by the traffic impact fee fund. Foley seconded the motion. After further discussion, Moffet amended his motion to include the expenditure with the next supplemental budget ordinance and a requirement for future status reports; Foley seconded the motion and it passed (7-0). 6.4. Reconstruction of the Gore Valley Trail to Underpass Connection Path Presenter(s): Tom Kassmel, Project Engineer Action Requested of Council: Direct staff to proceed with the necessary coordination to lower the Holy Cross Electric lines in this area to facilitate the reconstruction of the bike path. Background: The Town has budgeted to reconstruct the bike path that connects the Gore Valley Trail to the South Frontage Road at the newly constructed underpass. The final design requires the overhead power lines just south of the underpass to be relocated underground. Staff suggests the town use the Holy Cross Enhancement funds to lower these lines. Staff Recommendation: Approve the expenditure of $50,000 from the Holy Cross Electric Enhancement Funds to complete the undergrounding of 1100' power lines from the Liftside condominiums to the Glen Lyon Office Building. Kassmel noted a bid from the contractors would be presented May 2 and it was proposed the Holy Cross enhancement fund would be used in the amount of $50K. There was not public comment at this time. It was noted the project would require use VRI property; several easements would required and staff would be working with VRI on this effort. Cleveland moved to approve the expenditure of $50,000 from the Holy Cross Electric Enhancement Funds to complete the undergrounding of 1100' power lines from the Liftside condominiums to the Glen Lyon Office Building. Mason seconded the motion and it passed (7-0). 6.5. Award contracts for the Vail Park Improvement Project and Ford Park Lighting Control Project Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: Direct the Town Manager to enter into construction contracts with TriPhase Electric in an amount not to exceed $98,979 for the Ford Park Lighting Control Project and with MW Golden Constructors in an amount not to exceed $516,781 for the Vail Park Improvements project. Town Council Meeting Minutes of April 4, 2017 Page 7 Background: The Vail Park Improvement Projects is an assembly of smaller, funded projects which staff has bid as one construction project to improve efficiency and create economy of scale and more advantageous contractor pricing. The work included in the Vail Park Improvement Project includes the following projects: Ford Park - redesign and construction of the West Betty Ford Way (W BFW) gate Ford Park - site improvements and landscaping at the West Restroom Building Ford Park - School House garden and patio Ford Park — Riparian area planting Bighorn Park — access, picnic pavilion improvements and riparian plantings The Ford Park Lighting Control Project includes a computerized lighting control system to allow unlimited dimming and shut-off capabilities of the existing parking lot and pedestrian path light fixtures. The existing light fixtures were installed with the anticipation of utilizing this lighting control system and will accept the required equipment without modification. Oppenheimer made a review of the projects and total budget amount and the proposed expenditures reflected below: Budget and Funding Implications: Budgeted Funds: 2 Ford Park project accounts reallocated from 2016 to 2017 00F002 S313.327 RFP019 ; l7E,297 2017 Ford park budget for School House Garden and Softball Shelter 5300,000 Stream Bank Mitigation Project (allocation of it;,944K overall budgets S 12,000 Total Funds available for Ford Park Projects 5800,621 Chapin asked for public input at this time and there was none given. Moffet moved to direct the Town Manager to enter into construction contracts with TriPhase Electric in an amount not to exceed $98,979 for the Ford Park Lighting Control Project and with MW Golden Constructors in an amount not to exceed $516,781 for the Vail Park Improvements project. With the award of the construction contracts by the Town Council, both projects will begin construction the first week in May and complete the work by June 30, 2017. Foley seconded the motion and it passed (7-0). 6.6. Slifer Square Project Update Presenter(s): Chad Salli, Project Engineer Action Requested of Council: Provide staff with direction. Background: Staff has identified 4 significant maintenance issues concerning Slifer Square. These included the following: 1. Damaged storm sewer 2. Storm water being discharged into Gore Creek without treatment 3. Water leaking from the fountain 4. Corroded steel snowmelt mains. Staff received 2 bids for the Slifer Square Repair Project, RA Nelson ($4,603,393.86) and Icon Inc. ($4,862,821.30). Both bids are over 50% higher than the estimated construction costs of $3 million. Town Council Meeting Minutes of April 4, 2017 Page 8 Staff Recommendation: Staff works with the consultant and contractors to re-evaluate the current scope and priorities of the project and then re -bid the project once that evaluation and redesign is complete. Salli presented the item with information about the high bids that were received by the contractors. He noted their efforts to reduce the costs with some value engineering. There was discussion about the following: ✓ Would there be federal or state funds for the water quality improvement scope of work, i.e. GOCO grants ✓ Important to repair the water quality issues and would the town's environmental funding be able to support the project ✓ Rescope the project and rebid it next year ✓ The Capital Project Budget included: ❑ $150,000 in 2016 for design and engineering ❑ $1,350,000 in 2017 for construction of Slifer Square ❑ $800,000 in 2017 for the reconstruction of Meadow Drive along the Austria Haus Options for moving forward include: 1. Award the full contract as bid and supplement the budget to cover the budget shortage. 2. Reducing the scope of the project by deferring some maintenance/repairs to a future date. It was suggested by Zemler to delay the project a year with consideration for it again during the 2018 budget cycle; it might be worthwhile to review the CIP budget again in light of other 2017 expenditures (Chamonix). Kassmel noted there would be other options to review and a possibly addressing the problems on a short term (address water quality issues) and long term basis may work as well. Cleveland moved to defer the Slifer Plaza work and directed staff to address the pollutants of the river and then seek for a long term approach and solutions to the other issues. Moffet seconded the motion and it passed (7-0). 7. Public Hearings 7.1. Ordinance No. 1, Series of 2017, second reading, An Ordinance Amending Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission on Special Events Funding Decisions Presenter(s): Kelli McDonald, Economic Development Manager, Matt Mire, Town Attorney Action Requested of Council: Approve, amend or deny Ordinance No. 1, Series of 2017 on second reading Background: The Vail Town Council (the "Council") directed staff to amend Section 3-6-8(B) of the Vail Town Code to allow the Council to call up an appeal on a decision made by the Commission on Special Events within 60 days rather than 10 days. Staff Recommendation: Approve, amend or deny Ordinance No. 1, Series of 2017 on second reading Town Council Meeting Minutes of April 4, 2017 Page 9 Chapin opened the public hearing and there were no comments. There were no changes from first reading. Moffet moved to approve Ordinance No. 1, Series of 2017, second reading, An Ordinance Amending Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission on Special Events Funding Decisions. Mason 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 Bruno seconded the motion which passed (7-0) and the meeting adjourned at 9: 30 p.m. Attest: Res•ectfull , Su OP"— ave Chapin, May ted, Patty - ny, Town Town Council Meeting Minutes of April 4, 2017 Page 10 Vail Town Council Special Meeting Minutes Wednesday, April 19, 2017 12:30 P.M. Vail Town Council Chambers 1. CaII to Order by the Mayor The special meeting of the Vail Town Council was called to order at approximately 12:30 P.M. by Mayor Chapin. He noted the meeting was not open to the public. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Moffet moved to convene to executive session noting the citations on the agenda below, (Agenda items 2.1); Foley seconded the motion and it passed (7-0).. 2. Executive Session 2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Conduct Town Manager Interviews. Presenter(s): Matt Mire, Town Attorney, Krista Miller, Human Resource Director and Ron Holifield, Strategic Government Resources Background: Not open to public There being no further business to come before the council, Moffet moved to adjourn the special meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 5:30 p.m. Attest: Respectful) Submitted 7 Cha vnhl Dave ,May Special Town Council Meeting Minutes of April 19, 2017 Page 1 Vail Town Council Special Meeting Minutes Thursday, April 20, 2017 9:00 A.M. Vail Town Large Administrative Conference Room 1. CaII to Order by the Mayor The special meeting of the Vail Town Council was called to order at approximately 9:00 A.M. by Mayor Chapin. He noted the meeting was not open to the public. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: None Moffet moved to convene to executive session noting the citations on the agenda below, (Agenda items 2.1); Foley seconded the motion and it passed (7-0). 2. Executive Session 2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Conduct Town Manager Interviews. Presenter(s): Vail Town Council Members Background: Not open to public There being no further business to come before the council, Moffet moved to adjourn the special meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 12:00 p.m. Attest: Respectfully Submitted, t Special Town Council Meeting Minutes of April 20, 2017 Page 1 Vail Town Council Special Meeting Minutes Wednesday, April 26, 2017 4:00 P.M. Vail Town Large Administrative Conference Room 1. Call to Order by the Mayor The special meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by Mayor Chapin. He noted the meeting was not open to the public. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: None Moffet moved to convene to executive session noting the citations on the agenda below, (Agenda items 2.1); Foley seconded the motion and it passed (7-0). 2. Executive Session 2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Negotiating Town Manager Contract. Presenter(s): Vail Town Council Members Background: Not open to public There being no further business to come before the council, Moffet moved to adjourn the special meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 5:30 p.m. Attest: Respectfully Submitted, Special Town Council Meeting Minutes of April 26, 2017 Page 1 Vail Town Council Meeting Minutes Tuesday, May 2, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Steven Connelly, Vail resident, complimented the Town on the expanded summer bus service and he looked forward to contributing to the discussion concerning rent by owner in the future. Chris Wolds, Vail resident, requested better signage on South Frontage Road near the Tyrolean building. Currently the sign says "no stop required" and Wolds thought the drivers would stop unnecessary honking. Jenifer Teisinger, executive director of Bravo! Vail provided a preview of the upcoming concert schedule. Reminding Council concerts start June 22, 2017. 2. Proclamation 2.1 Proclamation No. 5, Series of 2017, Economic Development Week May 8-13, 2017 and Recognizing 2017 as the 91st Anniversary of the International Economic Development Council Presenter(s): Dave Chapin, Mayor Moffet moved to approve Proclamation No. 5, Series of 2017; Bruno seconded the motion and it passed (7-0). 3. Consent Agenda 3.1 2017 Vail Overlay Contract Award Background: Staff received 2 bids for the 2017 Vail Overlay Project. The project is budgeted with the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in this year's asphalt overlay project include Bighorn Road. The project is scheduled during the month of September 2017. Town Council Meeting Minutes of May 2, 2017 Page 1 Moffet moved to approve the 2017 Vail Overlay Contract Award; Foley seconded the motion and it passed (7-0). 4. Town Manager Report Patty McKenny, Acting Town Manager, informed council there would be a public groundbreaking for Chamonix Vail housing on May 16, 2017 from 11:30 — 12:30. 5. Presentations / Discussion 5.1 Red Sandstone School Parking Structure Project Update Presenter(s): Greg Hall, Director of Public Works and Transportation Action Requested of Council: The Town Council is being asked to provide direction to the staff and school district regarding pursuit of a new parking structure on the Red Sandstone Elementary School site in conjunction with the School District's remodel of the school. The staff has posed questions for council direction at this time. • Decide if the town should pursue a 3 level or 4 level structure • Provide direction on the additional design components of the project • Direct the Town Manager to enter into a Pre -development Agreement with Eagle County School District in a form approved by the Town Attorney • Authorize the Town Manager to negotiate a design contract with the Eagle County Design Team in an amount not to exceed $ 900,000 • Amend the first supplemental budget by $ 1,300,000 Background: The purpose of this meeting is to present a progress report on the Red Sandstone Elementary School Parking Structure project since the March 21 presentation, discuss the multi- level parking structure project and receive direction from the Town Council. Information to be presented includes: • Pre -Development Intergovernmental Agreement with Eagle County School District • 3 and 4 level Parking Structure options Cost and budgets for each structure option Initial cost sharing methodology • Project schedule • Series of next steps for advancing the project forward Staff Recommendation: Staff recommends the Town Council should pursue the four level structure with the additional program components included. As the project progresses the staff will return to the council with design updates prior to the August 1, 2017 deadline for additional direction. In addition, the Town Council should take action on the items below. The amount of design effort expended by the August 1, 2017 deadline would be approximately 50 % of the anticipated $900,000 design contract. • Direct the Town Manager to enter into a Pre -development Agreement with Eagle County School District in a form approved by the Town Attorney • Authorize the Town Manager to negotiate a design contract with the Eagle County design team in an amount not to exceed $ 900,000 • Amend the first supplemental budget by $ 1,300,000 Town Council Meeting Minutes of May 2, 2017 Page 2 Greg Hall presented design and pricing options for a 3 and 4 level parking structure at Red Sandstone Elementary School (RSES). Public Art is included and there will also be off site improvements such as the pedestrian walkway that crosses over Interstate 70. The preliminary construction cost for a 3 level structure is approximately $7 million for 120 parking spaces. A 4 level structure would cost approximately $9 million and provide 160 spaces. Hall noted the 4th level structure does provide some discount per parking and space and he estimated a 50 year lifespan on the structure depending on maintenance. Hall stated once Eagle County School District and the Town comes to an agreement for the design, staff will bring back more information concerning cost sharing to council at the August 1 meeting. Council agreed there is value to this project, but did express concern on cost sharing commitment with the school district. 6. Action Items 6.1 Resolution No. 17, Series of 2017, A Resolution Approving a Pre -Development Agreement Between the Town of Vail and Eagle County School District; and Setting Forth Details in Regard Thereto Presenter(s): Greg Hall, Director of Public Works and Matt Mire, Town Attorney Action Requested of Council: Approve, amend or deny Resolution No. 17, Series of 2017 Background: The Town and the District have determined that it is in their respective best interests and in the best interests of the populations the parking structure containing approximately 160 spaces for parking, along with an access driveway and related improvements, including without limitation necessary improvements to the lower parking lot on the Property and the Frontage Road. Steven Connelly stated parking is a problem, but really housing is our biggest issue. Jeff Chamberlain, Eagle County School District representative, stated the District shares the same cost sharing concerns, but does recognize the need to go forward with the design to see what this project could really look like. Chamberlain said the District looks forward to partnering with the Town. Moffet made a motion to approve Resolution No. 17; Bruno seconded the motion; motion passed 6-0 (Cleveland opposed) 6.2 Resolution No. 16, Series of 2017, a resolution supporting local and federal climate action and including the Town of Vail as a signator on the Mayors National Climate Action Agenda (MNCAA) open letter to the President Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council approve, approve with modifications, or deny Resolution No. 16, Series of 2017. Background: The Mayors National Climate Action Agenda (MNCAA) has requested that the Town of Vail and other U.S. cities reaffirm their pledge to reduce emissions, increase resilience, Town Council Meeting Minutes of May 2, 2017 Page 3 transition to a low -carbon economy, track progress transparently, and to assist them in urging more cities to commit to immediate action. Resolution No. 16, Series of 2017 supports this agenda and adds Vail as a signator to the Open Letter to the President, available here: http://www.climate-mayors.orq/our-letter-to-the-president- march -2017/ Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 16, Series of 2017. Kristen Bertuglia reviewed the resolution with council. Steven Connelly suggested the ban on plastic bags be extended to include retail and restaurants. Connelly also wants to eliminate 20 minute idling. Moffet made a motion to approve Resolution No. 16, series of 2017; Langmaid seconded; motion passed 7-0. 6.3. Pedestrian Access Improvements in the Vicinity of 450 East Lionshead Circle (Treetops Building), Permission to Proceed Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The owner of the Treetops Building, located at 450 East Lionshead Circle, requests permission to proceed through the Design Review process for improvements to the building's pedestrian access that is located partially on Town of Vail property (E. Lionshead Circle ROW). Background: The Treetops Building was constructed above an existing parking garage in 1986. Access to the building, including the stairs and ADA ramp, are located partially on Town of Vail property. Because of the property line location in close proximity to the building, the applicant is requesting the use of Town of Vail property to improve the pedestrian access to the building. Staff Recommendation: The Community Development Department recommends that the Vail Town Council instructs town staff to: • Sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements. Georg Ruther reviewed the Treetops Building application with council. Ruther explained the applicant is requesting the use of Town of Vail property to improve the pedestrian access to the building. The proposal is to expand the ADA ramp further south, resulting in an increase of ramp area within Town of Vail property by 50.15 square feet. Moffet moved to direct staff to sign the development application on behalf of the property owner and permit the project to proceed through the development process for the proposed improvement; Bruno seconded; motion passed 6-0 (Foley recused himself due to conflict of interest) 6.4 The purpose of this discussion is to make a final determination on the deed restriction requirements for Chamonix Vail. The two issues discussed in this memorandum do not practically affect the future purchasers of the homes at Chamonix Vail. Town Council Meeting Minutes of May 2, 2017 Page 4 Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Provide direction to town staff on whether the draft Chamonix Vail deed restriction should be further amended. Background: The two issues discussed in the memorandum do not practically affect the future purchasers of the homes at Chamonix Vail. Instead, they provide responses to questions asked by the Vail Town Council. George Ruther reviewed Chamonix Vail maximum resale price and foreclosure provisions with council. Maximum resale price is the actual maximum price an owner can sell the home for in the event of a resale. For Chamonix Vail homeowners the maximum resale price means purchase price paid by the last qualified buyer plus: an increase of 1.5% per annum of such purchase price (prorated at the rate of 1.12 for each whole month) from the date of owner's purchase of the property to the date of the owner's execution of the listing contract, such percentage increase to not be compounded annually; and the value of permitted capital improvements. Section 10 of the Chamonix Vail Deed Restriction outlines the procedures which must be followed in the event of a foreclosure. Staff reviewed similar deed restrictions to compare and contrast Vail's deed restriction requirements with those of other communities. The terms of the City of Aspen deed restrictions are almost identical to Vail's with two exceptions: • If a lender obtains the deed in lieu of foreclosure the lender may only sell the home to a qualified buyer, and, • If the municipality exercises its first option to purchase and acquires the home, the municipality may choose to rent the home versus sell the home, regardless of the ownership provisions of the deed restriction. Ruther recommended language is added to the deed restriction permitting the Town of Vail to rent a deed restricted home to a qualified tenant, at the Town's sole discretion, in the event the Town obtains the home utilizing its first option to purchase. Council agreed with the deed restriction recommendations as presented. 6.5 Ordinance No. 3, Series of 2017, First Reading, An Ordinance Amending the Vail Town Code to Adopt by Reference the 2010 Edition of the Model Traffic Code and Modifications Thereto and Amending Related Provisions of Title 7 of the Vail Town Code Presenter(s): Daric Harvey, Police Dept. Commander and Tom Kassmel, Engineer Action Requested of Council: Approve, amend or deny Ordinance No. 3, Series of 2017 Background: The Town Council adopted the 1977 edition of the Model Traffic Code for Colorado Municipalities in 1977. The Town has conducted a study to determine the safe speed limit for local streets within the Town's jurisdiction. The Colorado Department of Transportation, Safety and Engineering Branch updates and modifies the Model Traffic Code for Colorado from time to time. Pursuant to C.R.S. §§ 42-4-110 and 42-4-111, and its home rule authority, the Town is empowered to regulate traffic and vehicles operating on streets and highways within its jurisdiction. Daric Harvey, Police Commander reviewed the ordinance explaining the adoption of 2010 Edition of the Model Traffic Code and other modification to Title 7 of the Vail Town Code was for traffic and pedestrian safety. Town Council Meeting Minutes of May 2, 2017 Page 5 Council expressed concern about speeding in neighborhoods stating drivers currently ignoring the speed limit signs. Council agreed the code needed to be updated and asked if the code could be updated without changing the speed limit signs in neighborhoods. Tom Kassmel, Town engineer, agreed and stated traffic calming such as speed bumps are noticed by drivers more then speed limit signs. Matt Mire Town Attorney said yes code could be updated without changing speed limit signs. Council asked staff to provide more information during a work session. 6.6 South Frontage Road Improvements Design Contract Award Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Award South Frontage Road Design Improvements Contract. Background: In conjunction with the adoption of the Vail Valley Medical Center (VVMC) Site Specific Redevelopment Master Plan; the Town of Vail, the VVMC, and the Evergreen collaborated to develop a South Frontage Road Improvement Plan that would accommodate each existing and future access point to the above mentioned properties as well as accommodate projected traffic growth along the South Frontage road. The Town put out an RFP for Design services to complete the design and received two proposals. Staff Recommendation: Staff recommends authorizing the Town Manager to enter into a design contract with SGM to be funded by the traffic impact fee fund. Tom Kassmel presented the South Frontage Road Improvements Design. The design would incorporate existing and future access points to the Vail Valley Medical Center (VVMC), the Municipal Building and the Evergreen Lodge. WMC plan to submit the Phase II development plan this month and confirming they intend to relocate utility lines along South Frontage Road ROW this year. Along with a possible submittal of a development plan for the Evergreen redevelopment; it is recommended the Town accelerate the design of the South Frontage Road improvements one year in order to coordinate with these impending and future developments. The necessary design fees can be supplemented into the 2017 budget from the existing traffic impact fee fund, currently having a fund balance of —$950,000; and/or if desired, the funding could also be reallocated from the Vail Renewal Authority (VRA) TIF dollars, which are currently budgeted for this project in 2018 & 2019, in the amount of $100k and $3.5 Million respectively. Council may elect to award a partial design contract, to receive only 30% design drawings. This would allow Council to award about 55% of the total contract amounts; FHU ($290,000), SGM ($210,000). Staff suggests Council awards the entire design contract, with a stipulation within the contract that requires a formal notice to proceed for the consultant to move beyond the 30% design milestone. Council would like to see more commitment from the partners. Cleveland made a motion to authorize the Town Manager to sign the design contract; Foley seconded; motion passed 6-1 (Moffet opposed). 6.7 Gore Valley Trail Connection Reconstruction Contract Award Presenter(s): Tom Kassmel, Town Engineer Town Council Meeting Minutes of May 2, 2017 Page 6 Action Requested of Council: Award Construction Contract for Gore Valley Trail Connection Reconstruction. Background: The Town has budgeted to reconstruct the Gore Valley Trail connection to the South Frontage Road near the Vail Underpass project. Town has received a bid from Kraemer NA to complete the work. Staff Recommendation: Staff recommends authorizing the Town Manager to enter into a contract with Kraemer NA. Tom Kassmel presented the Gore Valley Trail Underpass Connection Realignment with council. The Town has budgeted $150,000 this year to reconstruct the bike path that connects the Gore Valley Trail to the South Frontage Road adjacent to the new 1-70 Vail Underpass. Since the Underpass project lowered the Frontage Road, there is now the opportunity to significantly reduce the existing steep 22% bike path grades to 5%. This would require two new switchbacks and the relocation of the existing overhead powerlines. In order to cover the cost of realigning the bike path staff has also requested to roll over the Recreation Path Maintenance savings from 2016 of —$94,000, providing a total budget of $244,000. The Town received a bid from Kraemer NA to reconstruct and realign the path in the amount of $213,491; $182,000 for the bike path realignment and an additional $32,000 for improved landscape There was no discussion. Moffet made a motion to authorize the Town Manager to enter into a contract with Kraemer NA; Bruno seconded; motion passed 7-0. 7. Public Hearings 7.1. Second reading of Ordinance No. 2, Series 2017, an ordinance making budget adjustment to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and Heavy Equipment Fund. Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 2, Series 2017. Background: This is the second reading for the first supplemental budget appropriation of 2017. Staff Recommendation: Approve or approve with amendments Ordinance No. 2, Series 2017. Kathleen Halloran Finance Director reviewed the changes per council's request on first reading. The General Fund ended 2016 with a surplus of $3.7 million, a combination of increased revenue ($1.3 million) and $2.4 million operational savings. Halloran explained that all projects discussed tonight are budgeted for except the RSES and council could add that item in the motion. Council would like to hear more details about Ski Museum renovation and how $500,000 Town contributions would be used. Town Council Meeting Minutes of May 2, 2017 Page 7 Moffet moved to approve Ordinance No. 2, Series of 2017 on second reading with the addition of $1.3 million for RSES; Foley seconded; 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 8:25 p.m. Attest: Town Council Meeting Minutes of May 2, 2017 Page 8 Vail Town Council Meeting Minutes Tuesday, May 16, 2017 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: Members absent Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Jen Mason Greg Moffet Kim Langmaid Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation There was none. 2. Youth Recognition Award 2.1 Town of Vail Youth Recognition Award Presenter(s): Scott O'Connell, Vail Recreation District Background: Each year the town of Vail works with both the Vail Mountain School and Battle Mountain High School to identify Vail students who excel in academics, sports, arts and community service. Scott O'Connell introduced Council to the recipients of the $1,000 college scholarships: Vail Mountain School nominee, Olivia Manula and Battle Mountain High School nominee, Finn Anderson. 3. Appointment for Boards and Commissions 3.1 Appointments to Local (Liquor) Licensing Presenter(s): Dave Chapin, Mayor Action Requested of Council: The Town Council will make three appointments for two-year terms to the Vail Local Licensing Authority. Applicants were interviewed during the afternoon meeting. Jenn Bruno moved to appoint Luca Bruno, Ross Cohen and Bart Longworth to the Local Licensing Authority; seconded by Greg Moffet; approved 6-0. The appointees will serve 2 year terms. Town Council Meeting Minutes of May 16, 2017 Page 1 4. Consent Agenda 4.1 Resolution No. 19, Series of 2017, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Public Health and Environment Regarding State Nonpoint Source Management Program; and Setting Forth Details in Regard Thereto 4.2. Minutes from April 4, 2017 meeting 4.3. Minutes from April 18, 2017 meeting 4.4. Minutes from April 19, 2017 Special Meeting 4.5. Minutes from April 20, 2017 Special Meeting 4.6. Minutes from April 26, 2017 Special Meeting Moffet moved to approve the consent agenda; seconded by Cleveland; approved 6-0 with minor edits to the April 18, 2017 meeting minutes. 5. Any Result of Executive Session Town Attorney reviewed Resolution No. 18, 2017, A Resolution Approving the Purchase of Property in the Town of Vail Legally Described as Gore Range Condominium II Unit #1-E, Eagle County, Colorado with a Physical Address of 2189 Chamonix Lane, Vail, Colorado; and Setting Forth Details in Regard Thereto. Mason made a motion to approve Resolution No. 18, Series of 2017; seconded by Foley; approved 6-0. 6. Town Manager Report Patty McKenny, Acting Town Manager, informed council that Governor Hickenlooper will be at the Donovan Pavilion on Friday at 9:30 am to recognize Colorado Open Lands Day. Additionally, McKenny announced the Town of Vail was the recipient of the Healthy Workplace Award presented by Vail Valley Partnership. 7. Presentations/Discussion 7.1. USFS Trail Management and Booth Falls Trail Update Presenter(s): Aaron Mayville, USFS and Craig Bettis, Police Commander Background: Last summer there was a significant parking problem at the Booth Creek Falls Trailhead with cars parked along both sides of the roadway and on the Frontage Road. Construction at Vail Mountain School last summer exacerbated these problems. The United States Forest Service will provide an update on trail management and Town staff will update on the actions being taken for this summer. Staff Recommendation: Listen to presentation and provide feedback to the staff and USFS Aaron Mayville, District Ranger with Holy Cross Whiter River National Forest presented ways to improve management of overcrowding at the Booth Falls trailhead. Educating business owners, Town Council Meeting Minutes of May 16, 2017 Page 2 hotel concierges, Chambers of Commerce and visitors of alternative hikes in the area is one way to ease the congestion at Booth Falls. Other management actions for this summer included use of Vail Mountain School parking lot and increased bus service to the trailhead. Mayville is hopeful a balance with wilderness ethic and wilderness character will be the outcome of these solutions. Council has suggested increased enforcement of parking violations at the trailhead, additional "no parking" signage on the Frontage Road across from VMS and adding bike racks at the trailhead. Booth Falls Homeowners Association representative thanked council for taking action and agree enforcement of parking violations will help. Code enforcement on the Frontage Road is essential. The code enforcement on Booth Falls Road has been appropriate and has helped the neighborhood mitigate the problems. Visitors should be encouraged to use the bus service. 7.2. Gore Creek Education and Outreach Program Update Presenter(s): Peter Wadden, Watershed Education Coordinator Action Requested of Council: Staff requests the Vail Town Council participate in the discussion and ask any pertinent questions. Background: The Restore the Gore Strategic Plan (the "Plan") was adopted by Resolution 9, Series of 2016 on March 15, 2016. The Plan identifies five major strategies required to bring about the desired improvements in Gore Creek water quality and aquatic life. Education and Outreach is the first of those five strategy areas. Under the umbrella of Education and Outreach the Plan identifies five action areas: • Water Quality Literacy • Municipal Maintenance and Management Practices • Management of Creekside Landscapes • Commercial Activities • Online Information and Resources This presentation will review programs and projects completed, underway, and upcoming in 2017. Wadden provided Council with an update on the Gore Creek Action Plan; which council adopted in March 2016. Some of the programs that have been developed or underway are the following: • Monthly "Lunch with the locals" • River Watch monitoring • Interpretive sign installation at Betty Ford Alpine Gardens • Summer Family Movie Night • GoPro Games outreach • Stormwater Education and Outreach • Project Re -Wild • Town Staff trainings • Landscaper Training and Certification • Nature Center Display Garden • Annual River Cleanup Wadden stated he was waiting for the 2016 aquatic life numbers to indicate the current health of the creek. Council thanked Wadden for his efforts. Town Council Meeting Minutes of May 16, 2017 Page 3 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. Attest: Pasty MpKerlpy, Town Cle 0 n i Town Council Meeting Minutes of May 16, 2017 Page 4 Vail Town Council Special Meeting Minutes Tuesday, May 23, 2017 1:00 P.M. Vail Town Council Chambers The special meeting of the Vail Town Council was called to order at approximately 1:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. CaII to Order by the Mayor 2. Executive Session 2.1 Executive Session, 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: Town Manager Search Presenter(s): Matt Mire, Town Attorney Moffet made a motion to enter into executive session pursuant to the above recital; Foley 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 5:00 p.m. Attest: Town Council Special Meeting Minutes of May 23, 2017 Page 1 Vail Town Council Meeting Minutes Tuesday, June 6, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Greg Moffet *Jen Mason absent Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Doug Lovell and Chris Jarnot with Vail Resorts were pleased to inform council of Vail Resorts support for the use of the $4.3 million parking capital investment to be used towards the Red Sandstone School joint parking project. 2. Appointments for Board and Commissions 2.1. Vail Local Housing Authority Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to reappoint Francisco Meza to VLHA. Background: The Town Council appointed Francisco Meza to the VLHA in February to serve a term due to a resignation, a term which ended May 31, 2017. Mr. Meza is interested in continuing to serve on the VLHA for the new term of five years, ending in May 2022. Since the interview process was recently conducted, it is suggested to reappoint the current member to serve this next term. Bruno made a motion to reappoint Francisco Meza to the Vail Local Housing Authority; seconded by Moffet; approved 6-0. 3. Consent Agenda 3.1. Request to Award Construction Contract to SHC Landscape in the Amount of $33,099.63 for the Vail Village Riparian Buffer Planting Project. Background: The Vail Village Riparian Buffer Planting project includes the addition of plantings in multiple areas between Vail Valley Drive and the International Bridge. Areas include section of the Village Streamwalk, the bank behind the Row Houses, at the confluence of Mill Creek and Gore Creek, the hillside behind Austria Haus and the turf area behind Village Center. Town Council Meeting Minutes of June 6, 2017 Page 1 Moffet made a motion to approve the consent agenda; seconded by Foley; approved 6-0. 4. Town Manager Report 4.1. Summer Data Collection, Parking and Enhanced Bus Service Updates Presenter(s): Greg Hall, Public Works Director Hall reported the enhanced summer bus services began on Memorial Day with doubling of peak service on East Vail, Golf Course and Sandstone routes. Bus ridership is up 22% thus far with the biggest increase of riders on the Sandstone route. Hall stated the summer parking data collection was going well and he would return to council with more information on a later date. 5. Presentations/Discussion 5.1. CSE Strategic Plan update per the five year plan guidelines. The CSE voted to adopt the plan on May 3, 2017. Presenter(s): Barry Davis and Mark Gordon, CSE Action Requested of Council: Approval or Approval with Amendments Background: The CSE determined that the previous 2013-2017 Strategic Plan provided a comprehensive and relevant foundation from which to adapt and update the new plan. Barry Davis, CSE Chair and Mark Gordon, CSE Co -Chair, presented the updates to the CSE Strategic Plan. The 2018-2022 Strategic Plan key updates include the following: • Clarification and definition of event category types — Community, Recreational & Cultural and Education & Enrichment. • Detailed scorecards for both categories. • Enhanced CSE strategic direction including providing additional guidance to event producers. • More specific requirements for producer deliverables, such as the marketing checklist and event recap. • Revised list of critical success measurements including tools for objective evaluation criteria. • Commitment to requiring environmental sustainable event practices. Cleveland made a motion to approve the CSE updates to the Strategic Plan; seconded by Moffet; approved 6-0. 5.2. 2016 Financial 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 2016 audited financial statements are presented for Council information; no action 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 2016 audit was conducted by McMahan and Associates, LLC. Town Council Meeting Minutes of June 6, 2017 Page 2 Halloran reviewed the highlights of the 2016 financial statements. Halloran explained government entities are required to report financial statements in two types of reports so regardless of the background of the reader they can understand the material. A Government Wide Statement provides a broad overview similar to a private sector business, including capital assets and long-term debt on a full accrual basis. The Fund Statement provides financial transactions for specific activities or governmental functions; focus on near-term inflows and outflows and spendable balance. 2016 the Town's assets exceed liabilities of $229.7M and over half of that amount are the Town's capital assets. The remaining amount is the Town's reserves; $2.0M TABOR; $14.5M restricted and 79.1 M unrestricted. In 2016 the Town increased its net position by $12.5M. The General Fund came in favorable to budget by $3.7M; $1.3 came in from additional revenue collected (parking and lift tax); and $2.4M in savings on expenditures. Capital Projects Fund managed $12.2M in projects; which came favorable to budget by $19.8M. The RETT Fund came favorable to budget at the end of 2016 by $6.9M. Michael Jenkins, McMahan and Associates, LLC, informed council the Town received an unmodified clean audit opinion; which is the highest level of assurance the Town's financial reporting is correct. 5.3. Colorado Snowsports Museum and Hall of Fame Capital Project Update Presenter(s): Susie Tjossem, Executive Director, Colorado Snowsports Museum and Hall of Fame Action Requested of Council: Provide staff with direction regarding the amount and timing of the town's contribution toward this project. Background: In 2016, Town Council approved a $500,000 capital contribution to the renovation of the Colorado Snowsports Museum and Hall of Fame. Since that time, construction bids came in higher than anticipated. The Museum is presenting an update of costs and cash flow projections for the project. Staff Recommendation: Provide staff with direction regarding the amount and timing of the town's contribution toward this project. Susie Tjossem, Executive Director of the Colorado Snowsports Museum and Hall of Fame, requested confirmation from council regarding the town's $500,000 contribution and when the contribution would be made available for the museum to use. Tjossem reviewed the revised $1.3M renovation costs for the museum. The revised plan includes a remodel of the airlock entry into usable exhibit space, moving the entry to align with visitor flow patterns, eliminating the aged drop ceilings, moving and remodeling the 24 year old bathrooms and kitchen (ADA compliant) and moving the gift shop space. Tjossem explained that given the current construction estimate, the town's $500,000 now represents 37% of construction related costs which is 3% less than the pro -rata established during 2016 Budget. If the Town of Vail contribution was increased by $40,562 the 40/60% pro -rata would be preserved. Tjossem felt this could be accomplished, in part, by eliminating $31,950 in TOV Building Permit and Plan review fees. Most council members agreed to the contribution of $500,000 and said did not support waiving building permit fees. Council requested a statement be provided reflecting written donations and bank finance before giving the $500,000 contribution. Additionally, council requested the museum enter into a lease with the Town prior to releasing funds. Town Council Meeting Minutes of June 6, 2017 Page 3 5.4. Overview of Big Horn Road and Intermountain South Frontage Road Overhead Power line to underground conversion project Presenter(s): Greg Hall Director of Public Works Action Requested of Council: The Town Council is being asked to provide direction to the staff and Holy Cross Energy regarding underground projects. The staff has posed options which the staff would like direction on at this time. Background: The 1999 Town of Vail 20 year Franchise agreement with Holy Cross Energy allowed for the collection of an additional 1% of gross revenues to be placed into a Community Enhancement Fund. To date the Town of Vail has received $ 2,682,964 of which $ 1,612,868 has been used exclusively for the undergrounding of overhead powerlines. There are nearly 7 miles of overhead lines still within the Town of Vail. The town received $ 196,407 in payment this past year. The Big Horn Road and Intermountain South Frontage Road projects are on a high priority list of projects to be completed. Staff Recommendation: Staff recommends the Town Council pursue first the phasing option, and if phasing is not possible the town lends itself the shortfall to be paid back with future enhancement fund payments. Staff would return to council based on this direction and once bids are received based on engineered plans later this year to award the construction contract. Hall reviewed the Holy Cross Energy undergrounding of power lines projects: Big Horn Road and Intermountain South Frontage Road. The Big Horn Road project was started eight years ago and has been incrementally completed as funds allowed. The Town staff has been working to secure the remaining funds to complete the remaining 3300 feet of lines. The estimated cost to complete this project is $1,023,500.00. The Intermountain South Frontage Road project has 4200 feet of line and Holy Cross selected to follow the existing line. The estimated cost to complete South Frontage Road project is $1,129,500.00. The town has funds to complete one of the projects this year and it would take approximately 5 years to collect funds to complete the next project. Council asked if staff had spoken with the two neighborhoods to inquire about possible cost -share. An Intermountain resident addressed the council in support of the undergrounding of electrical lines in her neighborhood. Council directed staff to pursue a phasing plan for the two Holy Cross projects. 5.5. Stephens Park Discussion about Dogs Off Leash Presenter(s): Gregg Barrie, Project Manager Action Requested of Council: Provide staff with direction in regards to the issue of dog waste in the park Background: This need for a discussion of the multi -use nature of the off leash dog area of Stephens Park has been raised due to the excessive dog waste not being removed by dog owners . Stephens Park is a neighborhood park located in the Intermountain neighborhood. In 2004 an area of the park was designated as an off -leash area for dogs. It is a very popular and heavily used area by users from Vail and beyond. Two current issues in the park warrant discussion 1) the park is a multi -use neighborhood park and 2) excessive dog waste. Staff Recommendation: Staff recommends that a neighborhood meeting at the park should be the first step in resolving the issues outlined above. Proper notice should be provided, and several staff and council members should plan to attend. Town Council Meeting Minutes of June 6, 2017 Page 4 Barrie spoke with council concerning year around excessive dog waste being a problem at Stephens Park. The park is a multi use neighborhood park that allows dogs to be off the leash while the animal is within the turf area. The park can become very busy with not just the neighborhood residents but also drivers stopping at the park as they are passing through town on 1-70. The off -leash area at the park had been put on suspension in previous years due to accumulation of dog waste. Barrie suggested advertising a community meeting to educate and discuss the problems before suspending the use of the off leashed area. Bill Suarez, Vail resident, expressed concern if the off -leash area was suspended at Stephens Park the problem would move to Big Horn Park in East Vail. Suarez asked if there could be a designated off -leash area at Donovan Park. Council agreed with hosting a community wide outreach on June 20 to educate park users and to provide them with tools to help enforce waste cleanup. Neighborhood watch would be encouraged. 6. Action Items 6.1. First reading of Ordinance No. 4, Series of 2017, an ordinance for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee. Presenter(s): Tom Kassmel, Town Engineer and Chris Neubecker, Chief Planner Action Requested of Council: Approve, amend or deny on Ordinance No. 4 Series 2017 on first reading. Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is proposed to codify the current traffic mitigation fee to help fund future transportation related projects identified in the Vail Transportation Master Plan. The proposed fee will be applied in all zone districts, and will require developers to pay their proportional share for the necessary transportation infrastructure improvements that are directly related to the impacts created by the new development. Staff Recommendation: Approve Ordinance No. 4 Series 2017 on first reading. Neubecker reviewed the ordinance with council explaining the proposed transportation impact fee would apply to new developments, including creation of any new residential dwelling units, or any new commercial floor area. The fee would not apply to residential remodels where no additional units are added, or to commercial remodels that do not increase square footage. This new fee would be paid by the owner or developer, and would be collected by the Community Development Department at the time of issuance of a building permit. Revenues from this fee would be used by the Town of Vail for new transportation related infrastructure projects that are necessary due to the increased traffic from the incremental new development. Council questioned if adopting impact fees in the categories of accommodation unit and commercial square feet would be a bad policy since these types of units already pay sales tax. Additionally, Council suggested adding a fee for core area single family and reduce the noncore area fees as to reflect the same fees as the core area. Mark Berman, with Vail Board of Realtors, stated his board opposes the impact fees and would prefer the town elections to fund infrastructure projects for greater equity. Town Council Meeting Minutes of June 6, 2017 Page 5 Council agreed to not take action on Ordinance No. 4, Series of 2017 to allow staff to make changes. The Town Attorney reminded council the impact fee would not be legally applied unless it is codified. 6.2. First Reading of Ordinance No. 5, Series of 2017, an ordinance of the Vail Town Council approving an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, approve with modifications, deny Ordinance No. 5, Series of 2017. Background: The Hill Building is impacted by three adopted view corridors. One of the view corridors is not affected by the proposed application to renovate the building. A second corridor is affected, however, the building currently encroaches into the view corridor and the applicant is proposing to significantly reduce the encroachment and substantial improve the view through the corridor. The third view corridor will be affected by a minimal increase in the height of the building and a chimney. In order to allow for this increase in height to occur, a view corridor encroachment must be approved by the Vail Town Council. Staff Recommendation: The Town of Vail Planning & Environmental Commission has reviewed the proposed view corridor encroachment request. Upon review of the request, the Commission has forwarded its recommendation of approval to the Vail Town Council of the request, as proposed. In making their recommendation, the Commission found that the proposed encroachment complied with the criteria for review as outlined in the Vail Town Code. Therefore, the Commission recommends the Vail Town Council approve Ordinance No. 5, Series of 2017 as read. Ruther reviewed the ordinance with council explaining the applicant is requesting a review of an Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town Code, to allow for a renovation to the Hill Building and a request for a recommendation to the Vail Town Council on an application for encroachments into an existing view corridor, pursuant to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for encroachments into View Points #1 and #4 for modifications to the Hill Building, located at 254 and 311 Bridge Street. The scope of work of the proposed renovation included: • No change in existing uses (i.e. ground floor or street level retail, second floor and above residential. • An extensive renovation to the exterior materials of the building. • Overall decrease of gross residential floor area (- 94 square feet). • Increase of retail floor area of 76 square feet. • Reduction in site coverage (- 371 square feet). • Minor modifications to the massing and overall height of building (60% 33 ft. or less/40% < 43 ft.). • Increase in softscape landscape area (+ 5 square feet). • Maintain the existing non -conforming enclosed parking space within the structure. The proposed renovation is in compliance with the development standards prescribed by the Commercial Core I zone district. Though the Hill Building is directly affected by three of protected view corridors in Vail Village, the applicant is proposing to comply with said view corridors, and is therefore, not proposing to either amend or encroach into the protected view corridors. The majority of the renovation occurs to the exterior of the building and on the second floor and above levels of the building. Town Council Meeting Minutes of June 6, 2017 Page 6 Applicant representative, Tom Braun with Braun Associates, provided a PowerPoint outlining the project and the proposed view corridor encroachments to View Corridor 1. The encroachment would be caused by 2- two foot chimney caps and raising the roof ridge up 6 inches to building code and installation requirements. A few council members felt the encroachments are minimal and project would be an enhancement to the village. Other council members felt the view corridor is sacred and suggested alternatives for the applicant such as a gas fireplace; which would not require a chimney to impact the view corridor. There was no public comment. Moffet made a motion to approve Ordinance 5, Series of 2017 as read; seconded by Foley; approved 4-2 (Bruno and Cleveland opposed) 6.3. Reschedule Regular Meeting on July 4, 2017 to July 11, 2017 Action Requested of Council: Motion to Reschedule Regular Meeting on July 4, 2017 to July 11, 2017. Background: The Code provides for action when changing regular meeting day as follows: 1-5-11: REGULAR AND SPECIAL COUNCIL MEETINGS A. Regular Meetings: 1. Time And Place: The council shall meet regularly at least twice monthly at a day and hour to be fixed by the rules of the council. The meeting time shall be established at the town council's first organizational meeting to be held within seven (7) days from the election as described in section 1-5-3 of this chapter. 2. Deferment: In the event a regular meeting pursuant to subsection Al of this section would fall on a legal holiday recognized by the town or a regular meeting cannot for good reason be held by the town council on a regular meeting date, the regular meeting shall automatically be held on the next secular day at the same time and place; provided, however, that for good cause the council at a regular meeting preceding the regular meeting which will be deferred may defer the regular meeting to a subsequent Cleveland moved to move the regular scheduled Town Council meeting on July 4, 2017 to July 11, 2017; seconded by Moffet; approved 6-0. 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 8:25 p.m. Attest: tfully J■ I t lave - i a ._.1,W1 Town Council Meeting Minutes of June 6, 2017 ��\ Page 7 Vail Town Council Meeting Minutes Tuesday, June 20, 2017 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: Patty McKenny, Acting Town Manager Matt Mire, Town Attorney 1. Citizen Participation Diane Carpenter, resident Village Center, lodged her concerns about a recent incident she had with access to her residence during the Go Pro Mountain Games. She cited safety and access issues caused by the town's events schedule noting there should be further consideration given to both concerns. She also noted safety issues surrounding those children playing next to the Gore Creek. Michael Cacioppo inquired about citizen participation timeframes; he noted the time limits should not be used. Mike Imhof, Vail Valley Foundation, thanked the Town of Vail for their partnership and commented on the success of the Go Pro Mountain Games. He also recognized the concerns raised by some of the residents impacted by the event and noted their staff would be reviewing all matters surrounding the event with their commitment to producing a high level event. John Kirchner, resident, shared his opinion of short-term rental as a negative in his neighborhood. Susie Tjossem, Colorado Snowsports Museum, shared some information about the museum's current capital project upgrades, noting both private and public funding to support the effort. She noted there is some diligence being performed to determine the possibility of circulating an initiative petition to increase the lodging tax to support funding the museum. She noted some public support and wanted the council to be informed on the matter as well. Martha Brassel, Vail International Dance Festival, thanked the Town for support of the upcoming season; she circulated the dance programming. Reggie O'Brien, Bald Mountain Townhomes, thanked the Town Council for the support with their berm construction project. Town Council Special Meeting Minutes of June 20, 2017 Page 1 2. Consent Agenda 2.1. May 2, 2017 Town Council Meeting Minutes 2.2. Resolution No. 20, Series of 2017, Resolution approving an amended and updated Noxious Weed Management Plan; and setting forth detail in regard thereto 2.4. Intermountain Fuels Reduction Project - Helicopter Logging Contract Award Moffet moved to approve 2.1, 2.2, 2.4 consent items; Bruno seconded the motion and it passed (7-0). 2.3. Resolution No. 21, Series of 2017, Intergovernmental Agreement Between the Town of Vail and the United States Forest Service for Timber Sale Associated with Intermountain Fuels Reduction Project There was some discussion about the IGA and the amount assessed by the U.S.F.S. ($348.05) for the timber sale value when the Town of Vail would be covering the cost of the project with no assistance from the federal government (costs approved were $612,394). Moffet moved to approve Resolution No. 21, Series of 2017 and the motion passed (5-2; Cleveland and Foley no). 3. Presentation/Discussion 3.1. Stephens Park Off -leash Area Discussion Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Provide staff with direction in regards to the dog waste issue based on the provided recommendations and input received from the public. Background: Stephens Park is a neighborhood park that provides a designated off -leash area. Since the off -leash designation in 2004, there have been two consistent issues: 1) the loss of the turf area for neighborhood use and 2) excessive dog waste being left in the park. Staff Recommendation: Staff recommends reviewing the ideas presented in the Memorandum in conjunction with input from the community and providing direction to staff towards improving education, signage and enforceable measures. Staff also recommends altering the existing designated off -leash area to include the Gore Creek access point at a later date. A brief presentation about the background and some recommended solutions, both completed and proposed, were given by Gregg Barrie. Chapin expressed his support of using the neighborhood to help solve the issues; he opened this time for public comments and a number of residents were present with input as follows: Jane Taylor presented a number of suggestions to help remedy the situations, patrols at peak use time, before & after work, create a pickup patrol, conduct frequent community park cleanups, educate the neighborhood, more signage, reserve for dogs first and then children, prove more poop utensils, address those using the park who are not in the neighborhood. Tim McGraw noted that he did not see the misuse of the park by dog owners. He suggested changing the signage, Town Council Special Meeting Minutes of June 20, 2017 Page 2 Walter Dandy expressed his support of the allowed use in the park and requested the town not discontinue that use. Blondie Vucich expressed the need for a "neighborhood task force" to take on the watch dog role similar to what she helped launch in the Bighorn Park neighborhood, a very successful endeavor to ensure their park remains usable for everyone. Others supported the notion to activate a group to monitor and actively engage the up keep of the park. Council's input encourage the group to take on the ownership of keeping the area in acceptable condition; they noted that town staff are likely doing too much dog waste clean up and it is the responsibility of the dog owners now. It was noted that staff return with an update later in the summer. 4. Town Manager Report 4.1. Chamonix Vail Neighborhood Project Update (verbal report) Presenter(s): George Ruther, Director of Community Development The update noted the project was a few days ahead of schedule and on budget; there would be some slight overages due to the need for further soils testing. Staff would be working with the owners' list to complete additional paperwork related to deposits and purchase and sale agreements. 5. Action Items 5.1. Ordinance No. 4, Series of 2017, First Reading, An ordinance for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, amend or deny on Ordinance No. 4 Series 2017 on first reading. Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is proposed to codify the current traffic mitigation fee to help fund future transportation related projects identified in the Vail Transportation Master Plan. The proposed fee will be applied in all zone districts, and will require developers to pay their proportional share for the necessary transportation infrastructure improvements that are directly related to the impacts created by the new development. Staff Recommendation: Approve Ordinance No. 4 Series 2017 on first reading. Kassmel presented background and a recommendation for using the maximum transportation impact fee schedule in light of the projected costs related to future growth and needs for mitigating the transportation impacts. The table below reflects a revised schedule that would subsidize uses such as employee housing, accommodation units, commercial uses, and equalize the core area fees with the outside core area fees: Town Council Special Meeting Minutes of June 20, 2017 Page 3 Revised Fee Schedule & Projecred Revenue —June ti'. 2017 Council Input Development Type Additional Development Units Fee Per Development Unit Projected. Revenue Percent of Impact Fee :Mr.ll iMg.. TWu.al nIV :.r•.b1Ul Uyle fa.ni'y 1 r ti.e CUIe 1..-ral 70` 5 5,950 DO 5 4,2c1.56000 20`.4 Jwr','I np..T•.vu iel t I-::• :'ultirle ren, y :•„L•.deth Core. 'meal 55-1 5 5.9E) X 5 3.3C1.54D.X 15% Dwell tng. ilr`. eitt r.a•.I'v 12" 5 3.6556:0 5 11f2.325.1X 6% rrrpl yve 1,..., IL l.-.• 1 r,. it e Curr t.•,.,,, 51 5 - S pa, _anpl,_rre N..csit L 1.-..t 0 ...1 , ;:e LI, Corr M1• •al ]1: s - j Cl.: At.turr rrodatiun Jr- il: n Ctrru A.reat 27: 5 5 0% Ata.uritmudatiurr'Jr it;C'4 l: r NJ, Caro• Al ret 102 5 j 0',*: Resta ctai :t & 9e;s.1 5,1 abl :,1-rle't1 22xc?: 5 - 5 - 0°- , 4,1 .tre: .1t'.Yith Ca, :1.11.1 ,, j CP: Oft:•..Le &. Other Se ivl -•- a.x: $ 5 0'?s 5 8.665 .5,6t1 r.X, 42`% The net effects of revising the fee scnedule are: • a reductior in projected revenue from S21 Million to $8.7 M ---Ikon, • an increase in the Town Vail's taxpayer responsibility by S12.3 Million. • reimbursement of 5624,000 to the Vail Valley Medical Center ('AMC I per the existing VVMC Developer Agreement (DA). However. if Facility Health Care s rot selected to be subsidizes then no reimbursement is required and VVMC will likely pay an additional --$500,000+. Chapin invited public input at this time. Tom Braun, Braun & Associate's, Inc., requested further review of the fee structure to better accommodate the medical facility that already provides a positive economic impact to the community. Michael Cacioppo reminded the community the hospital is a not for profit hospital which does not submit property taxes to the town coffers. One other suggestion was to increase sales tax in order to offset the transportation impacts. Council comments included: ✓ The adoption of this fee and policy opposes their position of pro development in the town ✓ The fee needs to be codified in light of the fact that it is currently being collected, but it is not required to be collected ✓ Suggestion to eliminate the use tax if this fee is adopted ✓ Revise fee schedule down; it is too high ✓ Revise the timing of the payment to the end of the development Moffet moved to approve Ordinance No. 4, Series of 2017, First Reading, An ordinance for a prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee, with the condition to remove the "employee housing units" from the fee schedule and noting the findings made in the council packet memo dated June 20, 2017. Langmaid seconded the motion and it passed (7-0). 5.2. Ordinance No. 8, Series 2017, First Reading, Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto Presenter(s): Carlie Smith, Budget Analyst Town Council Special Meeting Minutes of June 20, 2017 Page 4 Budget Summaries included the following highlights: General Fund In addition to the proposed reduction of budgeted sales tax revenue of $350.3K, budgeted revenue will be adjusted by an increase $42,780 directly offset by the following corresponding expenditures: • $12,052 of state funding for the Northwest Incident Management Team training exercise that occurred May 18th -20th in Rio Blanco County. • $25,000 of state funding for the Northwest Incident Management Team exercise in Keystone, CO taking place in September. • $1,228 reimbursement from the Vail Valley Medical Center Foundation for children's books purchased for the Foundation's "Books for Babies" initiative; • $4,500 use of Library grant funds from the state of Colorado to be used to purchase books, audio visual material, and other electronic and education recourses. Overall increase in budgeted expenditures of $253,780 which includes $42,780 related to expenditures corresponding to the reimbursements above and $10,000 related to off -cycle contributions recommended by staff. The remaining $201,000 of expenditures includes: • $76,000 for extended bus service for the East Vail enhancement pilot program approved by council on April 18th. Cost of the extended service will be allocated $47,120 to seasonal salaries and $28,880 for bus operations (fuel and fleet maintenance charges). • $75,000 to Safebuilt for additional plan review services due to increased demand. • $50,000 to increase fire overtime. It was noted the off -cycle contributions are included in this budget request based on staff recommendations. The funding requests recommended include $10,000 to the Vail Chamber and Business Association (VCBA) to support the Pioneer Weekend event; $5,000 to the Vail Valley Mountain Bike Association for the Adopt a Trail program funded out of the Real Estate Transfer Tax fund. Capital Projects Fund In addition to the proposed reduction of budgeted sales tax revenue of $214.7K, budgeted revenue will be adjusted by an increase of $500,000. This includes $45,000 of reimbursement from the Holy Cross Community Enhancement Fund, directly offset by corresponding expenditures for engineering costs approved by council on June 2nd to pursue the first phase of Big Horn Road and South Frontage Road underground energy projects. The remaining $455,000 is a revenue reimbursement from the traffic impact fee funds that will be used to offset design and planning costs for the S. Frontage Road improvements between the Vail Valley Medical Center and the Lionshead parking structure. The expenditures for this project were approved by council during the 1st budget supplemental in April. Staff is requesting an overall increase in budgeted expenditures of $92,825 which includes $45,000 related to expenditures corresponding to the reimbursements above. The remaining $47,825 of expenditures requested for new projects and project increases include: • $13,050 for an upgraded financial reporting module in the existing financial management software. The current report writing module will no longer be supported with software updates by the software company. • $1,000 to complete the Community Development permits software. • $8,775 for a ProjectDox software upgrade. This is plan review software utilized by Community Development, Fire, and Public Works. The current version of the software will no longer be supported as of Jan 2018. • $25,000 for ProjectFlow, an add-on software to be utilized with the ProjectDox system. This system enhancement allows for greater flexibility and efficiency within the plan review Town Council Special Meeting Minutes of June 20, 2017 Page 5 software; allowing for review prioritization, upgraded reporting, plan review time management, along with additional customization tools to enhance customer experience. The following requests have no impact on overall budgeted expenditures in the capital projects fund: ■ $15,000 to be transferred to the ResortApp project budget from savings in the audio visual project budget for the new lodging feature in the Vail Application. Real Estate Transfer Tax Fund Staff is proposing an overall increase of budgeted expenditures in the Real Estate Transfer fund of $5,000 to fund the Vail Valley Bike Association for the Adopt a Trail program as part of the off -cycle council contributions. Water Quality projects for the town are currently documented in four separate project codes. In working to clarify the various projects underway, and to better align the budgets to those projects, staff proposes a reallocation of the budgeted dollars into newly named projects. This will improve the tracking of actual expenditures to budget for each project according to the approved purposes of the budgeted funds. In total, the budget for these projects does not change. The following table summarizes the current water quality budgets compared to the proposed new project allocations. The projects highlighted in green have been re -named and the budget dollars reallocated. Water Ouality Project Budgets Current Proposed 5treabankttract Mitigation 471.575 - Water Quality/ Storni Water 1.458,565 - East `fail Water Quality TAPS 1.125.111 1.125. 111 East Vail Interchange 988.807 988.8007 NEW Streamtract EducationfMitigation - 273.199 NEW Water Quality Infrastructure - 1.520.255 NEW Sireambank Restoration - 636.818 Total 5 4,544,17 8 $ 4,544.178 Several questions were raised about the requests related to fire department overtime, the need to see an update on the Vail App, and the funding request for the trails maintenance only be for trails in Vail with a request the group return during the 2018 budget cycle. Foley moved to approve Ordinance No. 8, Series 2017, First Reading, Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details in regard thereto. Moffet seconded the motion and it was clarified trail funding support Vail trails only. The motion passed (7-0). 6. Public Hearings 6.1. Ordinance No. 5, Series of 2017, Second Reading, An Ordinance of the Vail Town Council approving an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1, 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 Ordinance No. 5, Series of 2017. Background: The Hill Building is impacted by three adopted view corridors. One of the view corridors is not affected by the proposed application to renovate the building. A second corridor is affected, however, the building currently encroaches into the view corridor and the applicant is Town Council Special Meeting Minutes of June 20, 2017 Page 6 proposing to significantly reduce the encroachment and substantial improve the view through the corridor. The third view corridor will be affected by a minimal increase in the height of the building and a chimney. In order to allow for this increase in height to occur, a view corridor encroachment must be approved by the Vail Town Council. Staff Recommendation: The Town of Vail Planning & Environmental Commission has reviewed the proposed view corridor encroachment request. Upon review of the request, the Commission has forwarded its recommendation of approval to the Vail Town Council of the request, as proposed. In making their recommendation, the Commission found that the proposed encroachment complied with the criteria for review as outlined in the Vail Town Code. Therefore, the Commission recommends the Vail Town Council approve Ordinance No. 5, Series of 2017 as read. Tom Braun presented the application request for the view corridor encroachment for the Hill Building. Chapin opened the public hearing and invited input and Jim Lamont and Jeff Babb, VRI, addressed the need to use the "loading and delivery" facility; Babb confirmed that would be the case for this project. Cleveland expressed concern in granting the encroachment for this project would only set precedence for other encroachments and noted that their role is to preserve all view corridors. Moffet moved to approve Ordinance No. 5, Series of 2017, Second Reading, An Ordinance of the Vail Town Council approving an encroachment into an existing view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto, and referenced the conditions and findings outlined in the staff memo to the PEC dated May 8, 2017. Langmaid seconded the motion and it passed (5-2; Bruno and Cleveland no). 6.2. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The purpose of this first meeting before the Town Council is to provide an introduction to the project and its varied components. Staff and the applicant will make an introductory presentation on the application during the evening public hearing, following a site visit scheduled during the afternoon session. As such, the Community Development Department and the applicant recommend the Vail Town Council continue first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42 (Vail Mountain View Residences) to the July 11, 2017 Town Council meeting. Background: The applicant, Lunar Vail LLC, represented by Marl Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Town Council Special Meeting Minutes of June 20, 2017 Page 7 Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval, with conditions, to the Vail Town Council. Chapin opened the public hearing at this time. Planner Jonathan Spence presented the Special Development District application noting this time would be spent introducing the project and its varied components. He noted both staff and applicant recommend the item be continued until the July 11 meeting. The applicant, Lunar Vail LLC, represented by Mariello Planning Group, requested first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. His slideshow presentation addressed a number of items including an introduction to the project team below. He reviewed the schedule, identified the public benefits, shared information about both Phase 1 and Phase 2 of the project, noting the deviations, the parking, diagrams of various floor plans, EHU unit descriptions, comparisons with adjacent properties, and letters of public support. See below for some detailed highlights of the topics presented in the slideshow. PROJECT TEAM PGte 7l.Lcr:. P nfar-%7 C x-ralpt-r -I 1-C'"', F- 7.r PUBLIC BENEFITS IDENTIFIED 1 C E S9% OF FREE MARKET GRFA HIGHLY FUNCTIONAL UNITS IN VAIL VILLAGE Jr lAt ACCESS FROM FRONTAGE RD TO GORE CREEK REC P,t,TH 18 AU 15 LOCK OFFS i. DV VOLUNTARY SHORT TERM RENTALS PUBLIC BENEFITS 878 SF FOR FUTURE ROADWAY IMPROVEMENTS DEVIATIONS SUGGESTED EY VVMP UP TO 550.000 LLC.' Town Council Special Meeting Minutes of June 20, 2017 Page 8 Dei iarioiis -r -Jt such deviation provides henefits to the town that outwaigh tha adveree of -fort. ' • 1 r r basednn evaluation of the proposed spocial development district's fompliance with the design crit rl::l GE -RACKS SLIGHT ENCROACHMENT ON Eg57 SIDE TO 15 ET HEIGHT DEN5I-r GRE+ I.1iT 11.1:1.1 HEIGHT Of el.9 ET 14 5 UNITS'rS 5: VNI'S ALLOWED 15 917 5E vS l: 57' Se +. LLOW ED SITE COVERAGE It was noted that further review of the criteria and how the project meets these criteria would be demonstrated at the next meeting. Steve Lindstrom, Vail Local Housing Authority, expressed the authority members are very supportive of the project as it further meets their objectives to solve the housing needs of the community. There was some additional discussion about the housing component of the project. Moffet moved to continue the public hearing until July 11, 2017; Foley 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 9:15 p.m. Attest: Town Council Special Meeting Minutes of June 20, 2017 Page 9 Vail Town Council Special Meeting Minutes Tuesday, June 27, 2017 8:15 A.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 8:15 A.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Call to Order by the Mayor 2. Executive Session 2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) — to discuss the purchase, acquisition, lease, transfer, or sale of property interests, Regarding: Potential Real Property Acquisition Presenter(s): Matt Mire, Town Attorney, and George Ruther, Director of Community Development Moffet made a motion to enter into executive session pursuant to the above recital; Foley seconded the motion and it passed (7-0). 3. Action Item 3.1 Resolution No. 21, Series 2017, Resolution approving the purchase of Property in the Town of Vail legally described as Gore Range Condominium II Unit #1-E, Eagle County, Colorado with a physical address of 2189 Chamonix Lane, Vail Colorado; and setting forth details in regard thereto. Presenter(s): George Ruther, Director of Community Development Moffet moved to approve Resolution No. 21, Series of 2017; Langmaid seconded the motion and it passed (7-0). 4. Executive Session II Town Council Special Meeting Minutes of June 27, 2017 Page 1 4.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Conduct Town Manager Interviews. Presenter(s): Strategic Government Services, and Matt Mire, Town Attorney Moffet made a motion to enter into executive session pursuant to the above recital; Foley 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 8:25 p.m. Attest: tfully ve Chapi , Mayo Town Council Special Meeting Minutes of June 27, 2017 Page 2 Vail Town Council Special Meeting Minutes Tuesday, June 28, 2017 9:00 A.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 9:00 A.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Call to Order by the Mayor 2. Executive Session 2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Town Manager Search. Presenter(s): Matt Mire, Town Attorney Moffet made a motion to enter into executive session pursuant to the above recital; Foley 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 11:45 a.m. Attest: Town Council Special Meeting Minutes of June 28, 2017 Page 1 Vail Town Council Meeting Minutes Tuesday, July 11, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kim Lang maid Jen Mason Greg Moffet *Kevin Foley absent Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Diane Carpenter, resident Village Center, expressed her concerns for public safety and residential access during the Go Pro Mountain Games and the Craft Beer Classic special events. She stated residents who reside within the special event venue are being denied access to their units during event times and she questioned if emergency vehicles could get to a fire or a resident who needed medical assistance. Stephen Connolly, Vail resident, asked council to consider having employee housing on top of the proposed Red Sandstone Parking Structure. Connolly also asked about operational costs of the parking structure. Tom Ruemmler, Vail resident, requested council consider other revenue methods other than impact fees. Herman Staufer, Vail resident, expressed concerns on rental by owners (RBO) should only be allowed in commercial areas and not residential areas. Staufer stated RBO's ruin the quality of life for the property owner who lives here. 2. Consent Agenda 2.1. Minutes from May 16, 2017 meeting 2.2. Minutes from May 23, 2017 special meeting 2.3. Resolution No. 22, Series of 2017, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Transportation Regarding Town Council Special Meeting Minutes of July 11, 2017 Page 1 the Division of Transit and Rail "FASTER" Transit Grant and Setting Forth Details in Regard Thereto. 2.4. Resolution No. 23, Series of 2017, A Resolution Approving an Estoppel Agreement Between the Town of Vail Local Housing Authority and Lion's Ridge Apartment Homes, LLC and Setting Forth Details in Regard Thereto. Moffet made a motion to approve the consent agenda items; Bruno seconded; approved 6-0 3. Town Manager Report George Ruther provided an update to council regarding the July 13 master housing lottery. Housing applicants have expressed concern over the application process and how applicants are "ranked" with a point system. Ruther stated the lottery would go forward with the current process at the July 13`h lottery, but staff would present an updated selection criteria to council later this year; which would be implemented in 2018. 4. Action Items 4.1. 12-13-5: Employee Housing Unit Exchange Program - A request authorizing the Town Manager to execute a release of a deed restriction from an existing deed restriction. Presenter(s): George Ruther, Director of Community Development and Lynne Campbell, Housing Coordinator Action Requested of Council: 12-13-5: Employee Housing Unit Exchange Program — A request authorizing 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 located at Lot 21W, Block 3, Vail Valley Filing 1/1358 A Vail Valley Drive, in exchange for the placement of an employee housing deed restriction on another dwelling unit located at Sandstone 70 Unit B Building 13/923 Red Sandstone Drive Unit B13. Background: The owner of Lot 21W, Block 3, Vail Valley Filing /1358 A Vail Valley Drive that has a non compliant 300 square foot Employee Housing Unit and requests to exchange this EHU for placement of an Employee Housing Unit Deed Restriction on another dwelling unit located at Sandstone 70 Unit B Building 13 / 923 Red Sandstone Drive Unit B13. Staff Recommendation: The Vail Local Housing Authority recommends the following motion be made: "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." Ruther reviewed the request to release a deed restricted property located at 1358 Vail Valley Drive Unit A and rerecord a deed restriction on a new property located at 923 Red Sandstone Drive Unit B13 Red Sandstone Drive. The Vail Valley Drive unit had a non compliant 300 square foot employee housing unit. Whereas the Red Sandstone Drive unit has 864 square feet. There was no public comment. Moffet made a motion 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 - Town Council Special Meeting Minutes of July 11, 2017 Page 2 5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit; Langmaid seconded the motion; motion passed 6-0 4.2. Ordinance No. 6, Series of 2017, First Reading, an Ordinance rezoning Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and rezoning Lot F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage Road West, and setting forth details in regard thereto. (PEC17-0015) Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2017, upon first reading. Background: On June 26, 2017, the Planning and Environmental Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re- subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. A the same meeting, the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead Second Filing, and the creation of Lot 2E-1. The proposed rezonings will allow for the Development Lots of the Vail Valley Medical Center and the Evergreen Lodge to have consistent zoning designations. All of the lots subject to the rezoning proposal meet the minimum lot size for their proposed new zoning designations and comply with all applicable development standards. Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lot 2E and Lot 2E- 1, Block 1, Vail Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and to rezoning Lot F-1, Vail Village Second Filing from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District. Cleveland recused himself from the discussion as he is a member of the Vail Valley Medical Center Board of Directors. Spence, Town of Vail Planner, provided council with a brief background concerning Ordinance No. 6, Series of 2017. On June 26, 2017, the Planning and Environmental Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re- subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. At the same meeting, the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead Second Filing, and the creation of Lot 2E-1. The proposed rezonings will allow for the Development Lots of the Vail Valley Medical Center and the Evergreen Lodge to have consistent zoning designations. All of the lots subject to the rezoning proposal meet the minimum lot size for their proposed new zoning designations and comply with all applicable development standards. There was no comment from council or the public. Moffet made a motion to approve, on first reading, Ordinance No. 6, Series of 2017, an ordinance rezoning of Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and a rezoning of Lot Town Council Special Meeting Minutes of July 11, 2017 Page 3 F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage Road West, and setting forth details in regard thereto. Bruno seconded the motion; approved 5-0 4.3. Ordinance No. 7, Series of 2017, First Reading, an Ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing, and setting forth details in regard thereto. (PEC17-0023) Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2017, upon first reading. Background: The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to include Lot F-1 within this mapped area. Altering the map will place the entire Evergreen Lodge Development Lot within the Commercial Core Area, ensuring that there is one set of consistent parking regulations in place for future redevelopment of the site. Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. Spence reviewed Ordinance No. 7, Series of 2017 with council. On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to include Lot F-1 within this mapped area. Altering the map will place the entire Evergreen Lodge Development Lot within the Commercial Core Area, ensuring that there is one set of consistent parking regulations in place for future redevelopment of the site. This request follows a minor subdivision request to create Lot F-1 and a Zone District Boundary Amendment to rezone the newly created lot from General Use (GU) District to the Lionshead Mixed Use 1 (LMU-1) District. The new lot will become part of the Development Lot for the Evergreen Lodge which also consists of Lot 2W of Vail Lionshead Second Filing. The concept of different parking schedules for different parts of the Town of Vail was codified via Ordinance No. 9, Series of 2000. This ordinance and accompanying map distinguished Vail's Commercial Core Area from other parts of town for the purposes of determining parking requirements. Due to the concentration of uses and the mixed- use nature of the Villages, it was determined that parking requirements should be less within the villages than in other commercial or residential parts of town. The Core Area Parking Map was most recently modified via Ordinance No. 9, Series of 2011, to include the future Ever Vail project within its boundary for the consideration of parking requirements. (It should be noted that the 2011 amendment to the map does not take effect until the recordation of the Ever Vail subdivision final plat. The Ever Vail subdivision, and the related amendment to the map, expires on December 31, 2020). Included in proposed Ordinance No. 7, Series of 2017 is a trigger mechanism that enacts the prescribed regulation amendment upon the recordation of the associated plat creating Lot F-1. Town Council Special Meeting Minutes of July 11, 2017 Page 4 Spence stated, on June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12- 10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. There was no comment of council or the public. Moffet made a motion to approve, on first reading, Ordinance No. 7, Series of 2017, an ordinance prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12, Sections 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing, and setting forth details in regard thereto. Bruno seconded the motion; approved 6-0 5. Public Hearings 5.1. Second reading of Ordinance No. 4, Series of 2017, an ordinance to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee. Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve on Second Reading Ordinance No. 4, Series 2017 Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an updated transportation impact fee. The impact fee is proposed to codify the current traffic mitigation fee to help fund future transportation related projects identified in the Vail Transportation Master Plan. The proposed fee will be applied in all zone districts, and will require developers to pay their proportional share for the necessary transportation infrastructure improvements that are directly related to the impacts created by the new development. Staff Recommendation: Approve on Second Reading Ordinance No. 4, Series 2017 Kassmel, reviewed the changes to Ordinance No. 4, Series of 2017 since second reading with council. The proposed transportation impact fee would apply to new developments, including creation of any new residential dwelling units, or any new commercial floor area. The fee does not apply to residential remodels where no additional units are added, or to commercial remodels that do not increase square footage. This new fee would be paid by the owner or developer, and would be collected by the Community Development Department at the time of issuance of a building permit. Revenues from this fee would be used by the Town for new transportation related infrastructure projects that are necessary due to the increased traffic from the incremental new development. Kassmel stated the recommended fee schedule was based on the allowable fees as determined by the nexus study completed by TischlerBise. The fee schedule can be reduced by some percentage as long as the reduction is equally applied over all uses. However by reducing the fee, Council recognizes that the shortfall of revenue projection will have to be made up by the Town. In general, for every 5% reduction in fees, the Town would need to subsidize an additional $900,000. Jim Lamont, Vail Homeowners Association, expressed concern approving the ordinance on second reading. Lamont suggested the Town goes through a master plan process to understand the magnitude of the growth. Town Council Special Meeting Minutes of July 11, 2017 Page 5 Tom Ruemmler, Vail resident, stated taxing a new development was not the answer and suggested raising sales tax to pay for infrastructures. Ruemmler felt it was better to spread it over the entire community not just the new development; which was a small percentage. Tom Braun, Braun and Associates, was concerned the fee structure needed to have more time to outline and suggested the fee structure go through a work session first. Dominic Mauriello, Mauriello Planning Group, suggested a critical review of the Vail Transportation Master Plan as well. Kassmel responded to the public concerns related to growth projections and future transportation needs by explaining the fee schedule would be adopted by resolution; which would allow for the schedule to be easily changed. Council asked Kassmel how many times this subject has been discussed; which Kassmel responded nine times throughout the process. Kassmel went on to say emails have been sent to local developers throughout the process as well. Some council members were uncomfortable with the fees as proposed. Moffet made a motion based upon the review of the criteria outlined in Section V of the Staff memorandum to the Planning and Environmental Commission dated May 8, 2017 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. The motion was seconded by Bruno; approved 4-2 (Moffet and Mason opposed). 5.2. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. Background: The applicant, Lunar Vail LLC, represented by Marl Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to Town Council Special Meeting Minutes of July 11, 2017 Page 6 the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval, with conditions, to the Vail Town Council. Dominic Mauriello, Mauriello Group, represented the applicant. Mauriello requested Ordinance No. 9, Series of 2017 be tabled and public hearing be moved to the July 18th meeting to allow time to work with staff. Council expressed concern regarding tabling the item to the July 18th meeting because the Japanese delegation would be here at that time to discuss a possible sister city exchange and there would not be enough time allowed for the public to comment on the ordinance. Moffet made a motion to table Ordinance No. 9, Series of 2017 to the August 1St council meeting; seconded by Bruno; motion passed 6-0 5.3. Second reading of Ordinance No. 8, Series 2017, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund. Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 8, Series 2017 Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 8, Series 2017 Smith stated to council there were no changes since the first reading of Ordinance No. 8, series of 2017. Smith reviewed a 2017 off -cycle contribution request from Vail Memorial Park for $50,000 to assist with operating expenses in order to proceed with Phase III of the Vail Memorial Park Foundation master plan. Joe Hanlon, Vail Memorial Park representative, stated the request was for construction and expansion of the park this fall. Moffet made a motion to approve Ordinance No. 8, Series of 2017 on second reading with the change to include the $50,000 request from Vail Memorial Park to be repaid to the Town; seconded by Mason; approved 5-1( Cleveland 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 8:55 p.m. Attest: ave Chap Ta eputy ' s n Clerk Town Council Special Meeting Minutes of July 11, 2017 Page 7 Vail Town Council Meeting Minutes Tuesday, July 18, 2017 3:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 3:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Kim Langmaid Jen Mason Greg Moffet Kevin Foley *Dick Cleveland absent Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation There were no citizen comments. 2. PEC Update 2.1. PEC Update Presenter(s): Chris Nuebecker, Senior Planner Nuebecker reviewed the PEC results with the Council. 3. Executive Session 3.1. C.R.S. §24-6-402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, regarding: Parking Structure at RSES. Presenter(s): Matt Mire, Town Attorney Moffet made a motion to enter into executive session per the above recitals; Foley seconded the motion; motion passed 6-0 4. Information Update 4.1. VLHA Meeting Results 4.2. CSE Meeting Minutes, July 5, 2017 DRAFT 4.3. VEAC Meeting Minutes, July 11, 2017 5. Matters from Mayor, Council and Committee Reports Town Council Special Meeting Minutes of July 18, 2017 Page 1 Council members reported on various items regarding VRD parking solutions, bike path from Golden Peak to Sunburst, emergency action plan during special events and the nature center. 6. Presentations / Discussion 6.1. Business Meeting with Yamanouchi-machi Japan Delegation Introductions Vail Presentation Yamanouchi-machi Presentation Presenter(s): Dave Chapin, Mayor and Vail Town Council Action Requested of Council: No action requested. Background: Souichi Nakamura, the representative appointed by Governor Suichi Abe, Governor of Nagano and Mayor Takefushi, Yamanouchimachi, Japan, presented a proposal on March 21, 2017 to explore a Sisterhood exchange relationship between Vail and Yamanouchi Machi, Council and the Japanese delegation began the business meeting by exchanging business cards and introduced themselves to each other. Afterwards, Mayor Chapin presented a Powerpoint that highlighted the various special events, activities and life style of Vail and Yamanouchimachi Mayor, Mr. Takefushi, presented a video that highlighted his village and the environmental sustainability efforts his community has made. Kristen Bertuglia, Town of Vail Environmental Sustainability Manager, spoke with the group on the steps the Town has made and currently making to become a certified sustainable destination. 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 5:00 p.m. Town Council Special Meeting Minutes of July 18, 2017 Page 2 Vail Town Council Special Meeting Minutes Thursday, July 27, 2017 9:00 A.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 9:00 A.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Call to Order by the Mayor 2. Executive Session 2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Town Manager Search. Presenter(s): Matt Mire, Town Attorney Moffet made a motion to enter into executive session pursuant to the above recital; Foley 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 11:45 a.m. Attest: Town Council Special Meeting Minutes of June 28, 2017 Page 1 Vail Town Council Meeting Minutes Tuesday, August 1, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kim Langmaid Greg Moffet Kevin Foley Jen Mason *absent until 7:58 P.M. Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Penny Wilson, Vail resident, thanked the Town Council and Town Engineer, Chad Sali, for their responsiveness to the berm project on Bald Mountain Road. Steven Connolly, Vail resident, relayed an experience he had during a Bravo concert and the noise from the interstate. Connolly suggested a retractable roof for the amphitheater or more enforcement of the jake-brake ordinance. 2. Consent Agenda 2.1 June 6, 2017 Town Council Meeting Minutes 2.2. June 20, 2017 Town Council Meeting Minutes 2.3. June 27, 2017 Town Council Meeting Minutes 2.4. June 28, 2017 Town Council Meeting Minutes Cleveland made a motion to approve the consent agenda items; Moffet seconded; the motion passed (6-0*). 3. Town Manager Report Chamonix Neighborhood Project Update (verbal report) George Ruther, Community Development Director, reported the Chamonix housing project is currently two weeks ahead of schedule and on budget. The foundation was almost completed and would be finished in the next couple weeks. Top soil is being placed by the Shell gas station for a berm. Construction of homes will be coming off the line week of August 14 being placed at the site. Town Council Special Meeting Minutes of August 1, 2017 Page 1 4. Presentations/Discussions 4.1 Red Sandstone School Parking Structure Project Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: The staff has requested the town council to address the following: • Provide direction on the additional design components of the project • Expansion ability additional floors • Space Conversion ability • Design emphasis on Photo Voltaic or architectural and landscaping components • Direct the Town Manager to submit the plans to Vail Resorts in accordance to the Parking Investment Agreement • Provide input and direction on the Development Agreement with Eagle County School District • Submit formal applications to Planning and Environmental Commission for an amendment to a Conditional Use Permit and Retaining Wall Height Variance • Submit formal application to the Design Review Board for project approval • Authorize the Town Manager to negotiate a construction contract with Haselden Construction to bring back to the Town Council for approval Background: On May 2 the Town Council directed staff to enter into a predevelopment agreement to further explore building a 160 car four story parking structure on the Red Sandstone School site with Eagle County School District. The design has been advanced to the schematic design level. Staff Recommendation: Staff recommends the Town Council continue to pursue the four level structure. In addition, the Town Council should take action on the items listed above. Hall provided some of the following information (see council packet memo for details) : ❑ Intergovernmental Development Agreement with Eagle County School District ❑ Updates from recent preliminary meetings with the PEC and DRB ❑ Additional design elements to carry forward ❑ Cost and budgets for the project ❑ Cost sharing methodology ['Project schedule ❑ Series of next steps for advancing the project forward Hall reviewed project costs and budgets with council. The proposed cost sharing for the project is as follows: Eagle County School District $ 1,500,000 Vail Resorts Parking Commitment $ 4,300,000 Vail Reinvestment Authority (VRA) $ 8,486,912 Preliminary Overall Budget $14,286,912 There were some additional items south of 1-70 considered as offsite improvements and were estimated at $287,500. Hall explained the areas of risk to the estimate are in the areas as follows: • Unsuitable soils, both for haul off and import of suitable soils. Town Council Special Meeting Minutes of August 1, 2017 Page 2 • Excessive groundwater and permanent mechanical dewatering system • Winter conditions • Final sub -contractor pricing not in line with costs provided for current estimate. A project schedule was included in the memo showing construction beginning in January 2018 and finishing in August 2018. Chapin asked for public comment and Steven Connelly expressed support of the solar panels on the building and would still like to see housing and a recreation center. There was no further public comment. Council supported the design expansion ability and the idea of two additional floors and the project's cost sharing estimates. There was council support to give approval to negotiate contract with Haselden Construction for the project. In summary, Council agreed to 1) Increase the budget regarding design expansion ability (additional floors and space conversions ability), 2) Move forward with Haselden Construction and development agreement with School District, and 3) Support the budget breakdown components with the ECSD and Vail Resorts, Inc. (5-1; Cleveland opposed). 4.2. Short Term Rental Community Input and Policy Considerations Presenter(s): Chris Cares, RRC and Associates and Kathleen Halloran, Finance Director Action Requested of Council: Provide feedback regarding any policy considerations that Council would like to pursue. Staff will return on September 5th with any additional information or proposed policy changes. Background: On June 20th and July 11th the town hosted public listening sessions, conducted an online survey and made presentations to a number of stakeholder groups. Tonight's presentation includes the results of gathering community input, a comparison of town practices to peer resorts and proposed policy considerations for Town Council. Chris Cares, RRC and Associates provided an overview of the online survey that was conducted earlier this summer concerning short term rentals, see council packet memo for details. It was noted there were two community input sessions on June 20th and July 11th in addition to engaging key stakeholder groups such as the Vail Local Housing Authority, the Vail Local Marketing District, the PEC and the Vail Economic Advisory Council to gather more input concerning short term rentals. Mayor asked for public comment: Adam Bersin, supported short-term rentals were essential to his income and that taxes should be collected on this service. Joe Staufer, Vail resident and business owner, opposed neighborhood short-term rentals; he felt short term rentals destroyed neighborhoods. Staufer went onto say residential districts were never meant to be a lodging district. Steven Connolly questioned if the survey was a scientific study; he supported short term rentals noting they have a significant economic impact in Vail and guest spending. Connolly went onto to say compliance and quality of life are the biggest issues. Penny Wilson, stated short term rentals are changing the feeling of the neighborhood. Wilson suggested requiring a short term rental to provide a local property contact name and number so neighbors could talk to someone if there is a problem with their renter. Another suggestion was to require a letter from the HOA for approval. Town Council Special Meeting Minutes of August 1, 2017 Page 3 Steve Pope, thanked council for having this discussion to show both the down sides and up sides. Pope felt negatives are not just related to short term rentals and VRBO's do increase business sales tax. Nate Emmy was able to purchase a home in Vail and short term rentals has helped in that purchase. Jeff Andrews, East West Properties, agrees with leveling the playing field and would not want to see over -regulations or banning VRBO. Some communities are seeing the downfall from eliminating VRBO from their communities i.e. taxes. Steve Lindstrom, Vail Local Housing Authority, suggested putting together a database to track users of housing and enforcing the current regulations. Council stated they had no intention to band VRBO but would like to see regulations, fees and taxes. Council members went onto say problem renters are not just VRBO and agreed the life safety and compliance were important to them. 5. Action Items 5.1. Ordinance No. 10, Series of 2017, First Reading, An Ordinance Repealing and Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management and Enforcement Presenter(s): Gregg Barrie, Senior Landscape Architect, Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10, Series of 2017 upon first reading. Background: Pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the. Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public nuisance, and to provide for and compel the removal of such noxious weeds. This Ordinance will update the Town's current regulations addressing noxious weeds. After a brief discussion, Moffet made a motion to approve Ordinance No. 10, Series of 2017 on first reading, An Ordinance Repealing and Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management and Enforcement; motion was seconded by Bruno. The motion passed (7-0.*) 6. Public Hearings 6.1. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Town Council Special Meeting Minutes of August 1, 2017 Page 4 Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval, with conditions, to the Vail Town Council. Spence provided council with a brief introduction of the ordinance. Spence stated the applicant, Lunar Vail LLC, is represented by Mauriello Planning Group. He noted staff has received considerable correspondence from groups and individuals concerning this application. Some of this correspondence posed questions concerning process and other elements of the Vail Town Code. In these instances, responses were provided either by the Community Development Department or by the Town Attorney. Spence stated all correspondence received to date, including responses from town staff have been provided to council. Dominic Mauriello, Mauriello Planning Group, representing the applicant Lunar Vail presented the application for the special development district with highlights about the following components (see packet materials for details): ✓ Employee Housing Units (EHUs) ✓ Accommodation Units ✓ Dwelling Units ✓ Attached Accommodation Units (Lock Offs) ✓ Existing Parking Spence reviewed the Special Development District Design Criteria and staffs findings with respect to the proposed special development district, see memo for details. 1. Compatibility 2. Relationship 3. Parking and Loading 4. Comprehensive Plan 5. Natural / Geologic Harzard 6. Design features 7. Traffic 8. Landscaping 9. Workable Plan Chapin opened the hearing for public comment and the following people spoke: Town Council Special Meeting Minutes of August 1, 2017 Page 5 Kerry Wallace, Goodman and Wallace, stated her firm represented 8 unit owners who were disputing receiving notice. Wallace stated the required notice had not happened due to a non authorized person signature on the letter dated March 2017 on behalf of the association. The applicant is not an owner of a unit but owner of the parking garage. Chris Romer, Vail Valley Partnership, supported the project as it would help with employee housing. Molly Murphy, Vail Local Housing Authority, expressed support of this project. Kim Bell -Williams, Interim Housing Director for Eagle County, supported the project for the housing; the 29 units for employee housing is a big deal. Stan Cope, Vail resident, supported the project. There were no closing statements from the applicant or staff at this time. Moffet made a motion to approve Ordinance No. 9, Series of 2017 on first reading, an ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto, with the 13 conditions recommended by PEC (page 8 and 9 of packet memo) and findings as follows: 1. The SDD complies with the standards listed in Section VIII of this memorandum, or the applicant has demonstrated that one or more of the standards is not applicable; 2. The SDD 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. The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. The SDD 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." The motion was seconded by Bruno and passed (5-2; Foley and Mason opposed). Foley did not support the ordinance due to not meeting the Special Development Design Criteria no.'s 1, 2 and 6. Mason also does not support the project due to size. 6.2 Appeal of Planning and Environmental Commission Decision (Gasthof Gramshammer) An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Planning and Environmental Commission on June 26, 2017, denying a request for a variance from Section 12-7B- 16, Landscaping and Site Development, Vail Town Code, to allow for a reduction in landscaping area, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC17-0002) Presenter(s): Matt Panfil, Planner Town Council Special Meeting Minutes of August 1, 2017 Page 6 Action Requested of Council: The Town Council is asked to hold a public hearing on the appeal. Background: The applicant was required to provide landscaping as part of their 2016 remodel, however the landscaping has not been installed. The applicant requested a variance to the landscaping requirement, which request was denied by the Planning and Environmental Commission. Staff Recommendation: The Community Development Department recommends that the Town Council deny the appeal, and require the applicant to install the landscaping as originally planned. Matt Panfill reviewed the appeal with council, see details per the memo in council packet. The Applicant, Shieka Gramshammer, requested that the council table this item to a later date because of how late it was in the evening. Moffet moved to table this item to September 5; the motion was seconded by Cleveland. The motion passed (7-0). 6.3 Ordinance No. 6, Series of 2017, Second Reading, an Ordinance rezoning 5 min. Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and rezoning Lot F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage Road West, and setting forth details in regard thereto. (PEC17-0015) Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 6, Series of 2017, upon second reading. Background: On June 26, 2017, the Planning and Environmental Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re- subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. A the same meeting, the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead Second Filing, and the creation of Lot 2E-1. The proposed rezonings will allow for the Development Lots of the Vail Valley Medical Center and the Evergreen Lodge to have consistent zoning designations. Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a zone district boundary amendment. There was no public comment or council discussion. Moffet made a motion to approve Ordinance No. 6, Series of 2017 upon second reading; the motion was seconded by Bruno. The motion passed (6-0; Cleveland recused himself due to service on the hospital board). 6.4 Ordinance No. 7, Series of 2017, Second Reading, an Ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing, and setting forth details in regard thereto. (PEC17-0023) Town Council Special Meeting Minutes of August 1, 2017 Page 7 Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 7, Series of 2017, upon second reading. Background: The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to include Lot F-1 within this mapped area. Altering the map will place the entire Evergreen Lodge Development Lot within the Commercial Core Area, ensuring that there is one set of consistent parking regulations in place for future redevelopment of the site. Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation amendment to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. There was no public comment or comments from council. Moffet made a motion to approve Ordinance No. 7, Series of 2017; the motion was seconded by Bruno. The motion passed (7-0). 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 10:45 p.m. A Respectfully Submitted, Attest: Dave Chap! Mayor Town Council Special Meeting Minutes of August 1, 2017 Page 8 Vail Town Council Meeting Minutes Tuesday, August 15, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kim Langmaid Jen Mason Greg Moffet Kevin Foley Patty McKenny, Acting Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Penny Wilson, Vail resident and Vail Rotary Club representative, stated this is the 19th year of the Annual Duck Race and invited council to attend on September 3, 2017. Wilson stated there would be 12,000 ducks released on Gore Creek. 2. Recognition of the "Eagle Scout" 2.1. Eagle Scout Recognition for Parker Rodeen 5 min. Presenter(s): Dave Chapin, Mayor Background: Local Parker Rodeen was awarded the Eagle Scout Rank from the Boy Scouts of America program. This is the highest achievement or rank attainable in the Boy Scouting program of the Boy Scouts of America (BSA). The designation "Eagle Scout" was founded over one hundred years ago. Only four percent of Boy Scouts are granted this rank after a lengthy review process. Mayor Chapin introduced Parker Rodeen and council congratulated him on his achievement of becoming an Eagle Scout. 3. Consent Agenda 3.1. Minutes from July 11, 2017 meeting Moffet made a motion to approve July 11, 2017 meeting minutes; Bruno seconded the motion. The motion passed 6-0 (Foley absent from the July 11th TC meeting, therefore he did not vote on the contents in the minutes) Town Council Special Meeting Minutes of August 15, 2017 Page 1 3.2. Minutes from July 18, 2017 meeting Moffet made a motion to approve July 18, 2017 meeting minutes; Foley seconded the motion. The motion passed 6-0 (Cleveland absent from the July 18th TC meeting, therefore he did not vote on the contents in the minutes) 3.3. Minutes from July 27, 2017 special meeting Moffet made a motion to approve July 27, 2017 meeting minutes; Foley seconded the motion. The motion passed 7-0 3.4. Town Manager Employment Agreement Moffet made a motion to approve the Town Manager Employment Agreement; Foley seconded the motion. The motion passed 7-0. 4. Town Manager Report 4.1. Commercial Ski Storage Update. This was a written update only. 4.2. Election Update Nomination Petition Town Clerk, Patty McKenny, reminded council and the public the Town of Vail will be conducting an at the poll election on November 7, 2017. There are four council seats open and a ballot question. August 8, 2017 was the first day to circulate nomination petitions and the petition needs to be filed with the Town Clerk no later than 5:OOpm on August 28, 2017. Qualifications to run for Town of Vail Council could be found on the Town's webpage. 5. Presentations/Discussions 5.1. Comprehensive Open Lands Plan Update Presenter(s): Tom Braun, Braun and Associates, LLC, and Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council provide direction on the policy statements posed in the attached memo. Background: In December, 2016, the Town authorized an update to the 1994 Comprehensive Open Lands Plan. The process for updating the Plan involves revisiting the existing Plan to identify initiatives that have been addressed (and those that have not); evaluating via a community engagement process the goals, objectives and initiatives of the existing Plan; and drafting an updated plan with goals, objectives and initiatives reaffirmed or identified during the process to address the community's needs. The original Plan, survey results and additional information may be accessed: http://www.vailgov.com/openlandsupdate Staff Recommendation: As this is a policy discussion, there is no staff recommendation at this time. Tom Braun, Braun Associates, provided council with a third update regarding Comprehensive Open Lands Plan update. Braun stated the purpose of this session is to provide the Vail Town Council an overview of the progress to date on the update to the 1994 Comprehensive Open Lands Plan (Plan), and to seek direction on policy statements. Braun provided council a brief overview of the Open Lands Plan process. One of the first steps in the process was to host three Community Scoping Sessions; the second was to conduct a parcel research and evaluation Town - owned Lands; third step was to outreach to technical expert groups; and the fourth step was to host Town Council Special Meeting Minutes of August 15, 2017 Page 2 in-depth community workshops. Improvement of the trail and bike path system was identified as the #2 priority of the 1994 Open Lands Plan. Many of the recommendations, including construction of the North Trail and the addition of widened shoulders on the Frontage Roads were completed. However, the OLP trails plan was generally presented at a Master Plan level, and details were vague. As the town moved to implement another of the Plan's recommendations in 2015 (extend the Vail Trail to East Vail), the project was met with some opposition and was tabled in favor of a more detailed trails plan. The comments from the Open House and subsequent Town Council sessions will help finalize the Vail Trails Master Plan. It is intended that this document will be submitted to the USFS for approval as the "corridor -level plan". If approved, Vail can begin the process on individual trails, working with the Forest Service as their workload allows. Braun asked council three policy questions: 1. Should OLP continue to advocate for the acquisition of privately owned lands? 2. Should OLP advocate for US Fore Service land exchanges and if so for what purposes? 3. Should OLP advocate for using conservation easements to further protect town owned lands? Langmaid suggested a plan aimed at using lands to protect the natural habitat and maintaining the wildlife currently here. Langmaid is interested in knowing how trails affect the effort of protecting endangered wildlife. Council was comfortable with continuing to advocate for the acquisition of privately owned lands in the OLP update. Council stated they did not feel advocating for USFS land exchange was a priority at this time. Council was supportive of plan advocating use of conservation easements to further protect town owned lands on case by case basis. Braun stated the next steps were to finalize a draft of the plan followed by PEC review and recommendation to Council. Moffet and Cleveland stated there was no sentiment by Town Council to develop housing on middle bench of Donovan Park. Mayor asked for public comment. Anne Esson, Vail resident, would like endangered wildlife talked about when considering the open lands plan. Paul Rondeau, Vail resident, wants a fourth question asked. Should status of former open space be reviewed for additional protection? There was no further public or council comment. 6. Public Hearings 6.1. Ordinance No. 10, Series of 2017, Second Reading, An Ordinance Repealing and Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management and Enforcement Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10, Series of 2017 upon second reading. Background: Pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the. Town is empowered to regulate the presence, management and control of noxious weeds on any lands under its jurisdiction, to declare the existence of any such noxious weeds as a public Town Council Special Meeting Minutes of August 15, 2017 Page 3 nuisance, and to provide for and compel the removal of such noxious weeds. This Ordinance will update the Town's current regulations addressing noxious weeds. Staff Recommendation: Approve Ordinance No. 10, Series of 2017 Series of 2017, Second Reading, An Ordinance Repealing and Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management and Enforcement upon second reading. Gregg Barrie reviewed the plan with council and stated there were no changes to the ordinance since first reading. Langmaid asked about the Town's use of round up. Barrie explained staff uses on plants directly and it's a smaller level then what is being used agriculturally. Barrie stated chemical treatment of trees on town owned land had been reduced by 90% with guidance by arborist. Mayor asked for public comment and a west Vail Resident expressed concemed about the chemicals that are being used and wants to find alternatives other then spraying chemicals. Moffet made a motion to approve Ordinance 10, Series of 2017 on second reading, An Ordinance Repealing and Reenacting Section 5-1-6 of the Vail Town Code, Conceming Noxious Weed Management and Enforcement; Cleveland seconded the motion. The motion passed (7-0). 6.2. Ordinance No. 11, Series of 2017, 1st Reading, An Ordinance for a zone district boundary amendment, pursuant to section 12-3-7, amendment, Vail Town Code, to allow for a rezoning of a portion of parcel 1 of the Golden Peak ski base and recreation district parcel subdivision from ski base recreation district to ski base recreation 2 district, located at 460 Vail Valley Drive/Parcel 1, Golden Peak ski base and recreation district parcel subdivision, and setting forth details in regard thereto Presenter(s): George Ruther, Director of Community Development Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2017, upon first reading. Background: The applicant, Ski and Snowboard Club Vail (SSCV), represented by Braun Associates, Inc., is requesting a first reading of Ordinance No.11, Series of 2017, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. This request was previously approved via Ordinance No. 17, Series of 2014, but has expired as the related plat was not recorded prior to the expiration clause contained in that ordinance. Staff Recommendation: On August 14, 2017 the Planning and Environmental Commission will vote on a recommendation of approval to the Vail Town Council for a zone district boundary amendment. The results of this recommendation will be available prior to the Town Council Meeting. Neubecker presented the ordinance to council and explained the rezoning went through planning commission in 2014, but the plat was not recorded and the applicant has to go through the process again. Council confirmed with Neubecker there were no changes since 2014. There was no public comment. Moffet made a motion to approve Ordinance No. 10, Series of 2017; Bruno seconded the motion. The motion passed (7-0). Town Council Special Meeting Minutes of August 15, 2017 Page 4 7. Action Items 7.1. Resolution No. 25, Series of 2017, A Resolution Approving an Intergovernmental Development Agreement Between the Town of Vail, the Eagle County School District and the Vail Reinvestment Authority; and Setting Forth Details in Regard Thereto. Presenter(s): Greg Hall, Director of Public Works & Transportation Action Requested of Council: Approve Resolution No. 25, Series 2017 Background: The town has partnered with the Eagle County School District for the construction of a four -level, 160 space parking garage at Red Sandstone Elementary School. This Resolution authorizes the Town Manager to enter into an Intergovernmental Agreement with the district for the development of the structure. Staff Recommendation: Approve Resolution No. 25, Series 2017 Mire reviewed the agreement with council; which was included in their packets. There was no public comment. Moffet made a motion to approve Resolution No. 25, Series of 2017 and authorized the Town Manager to sign the same; Foley seconded the motion. The motion passed (6-1; Cleveland opposed) 7.2 Update on summer 2017 bus service and summer parking Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: Provide input to the staff with regards to extending the service the remainder of summer 2017. Provide input to staff in preparing the 2018 budget to include for council review. Background: The town council directed staff on the initial approval of the expanded summer transit service trial, to return, mid -d summer to provide an update on the usage. Staff Recommendation: Staff recommends: 1. further discussing whether to extend the enhanced summer transit service pilot program for additional six weeks from the end of September to the beginning of ski season at a cost of $25,000; and 2. to direct staff to continue the enhanced summer bus service in preparation of the 2018 budget for the 24 week period. Hall reported the summer transit service program was very successful. The expanded bus service on three routes in East Vail, Golf Course and Sandstone this summer has resulted in 35% ridership increase. Summer parking transactions are down this summer compared to last summer. Council was supportive of the town funding continuation of expanded service until beginning of ski season (7-0). Town Council Special Meeting Minutes of August 15, 2017 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 (7-0) and the meeting adjourned at 7:38 p.m. Town Council Special Meeting Minutes of August 15, 2017 Page 6 Vail Town Council Meeting Minutes Tuesday, September 5, 2017 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 Greg Moffet Members absent Jen Mason Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Recognitions 1.1. Recognitions 1. Introduce new Town Manager Greg Clifton Mayor Chapin introduced Greg Clifton who will serve as Vail's next Town Manager. Clifton's background includes municipal work on the western slope, most recently as manager in Telluride. 2. Thank you to outgoing Economic Development Manager Kelli McDonald for years of service Mayor Chapin gave special recognition for Kelli McDonald as she finished ten years as the economic development manager with Vail. 2. Citizen Participation Jonathan Cohen thanked the town for addressing the speeding vehicles in the Booth Creek neighborhood as well as the recent Booth Creek Park improvements. Alison Wadey, VCBA, representing the Vail business community gave thanks to Kelli McDonald for all her work on behalf of their group. She also invited the community to participate in the upcoming charity golf tournament, the Businesses, Bogeys & Bragging Rights. 3. Consent Agenda 3.1. Resolution No. 26, 2017, A Resolution of the Vail Town Council Submitting to the Registered Electors of the Town A Ballot Question at the November 7, 2017 Regular Town Election to Restore Local Authority to Provide Cable Television Services, Telecommunications Services and High -Speed Internet Services Town Council Meeting Minutes of September 5, 2017 Page 1 Moffet moved to approve Resolution No. 26; Langmaid seconded the motion and it passed (6-0). The question would be included on the upcoming November ballot 3.2. Xcel Energy Easement at 111 South Frontage Road Moffet moved to approve the Xcel Energy easement; Langmaid seconded the motion and it passed (6-0). 4. Town Manager Report There was not a report at this time. 5. Public Hearings The applicant was not present for 5.1 at the time of consideration and the next item considered was as follows; 5.3. Second reading of Ordinance No. 11, Series of 2017, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. (PEC17-0036) Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2017, upon second reading. Background: The applicant, Ski and Snowboard Club Vail (SSCV), represented by Braun Associates, Inc., is requesting a first reading of Ordinance No. 11, Series of 2017, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision, and setting forth details in regard thereto. This request was previously approved via Ordinance No. 17, Series of 2014, but has expired as the related plat was not recorded prior to the expiration clause contained in that ordinance. Staff Recommendation: On August 14, 2017 the Planning and Environmental Commission voted to recommend approval to the Town Council by a vote of 3-2-0 (Rediker/Perez opposed). It was noted there were no changes from first reading and Cleveland moved to approve Ordinance No. 11, Series of 2017, an ordinance to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel; Foley seconded the motion and it passed (6-0). There was no public comment. 5.2. Town Council Cali Up of Planning & Environmental Commission Approval of an amendment to a Conditional Use Permit for La Cantina Restaurant in the Vail Transportation Center Presenter(s): Chris Neubecker, Planning Manager Town Council Meeting Minutes of September 5, 2017 Page 2 Action Requested of Council: The Vail Town Council shall hold a public hearing, and shall uphold, uphold with modifications, or overturn the Planning and Environmental Commission's July 24, 2017 decision. Background: On July 24, 2017 the Planning and Environmental Commission voted 6-0 to approve the amendment to the conditional use permit for La Cantina Restaurant for construction of the outdoor dining patio, with nine (9) conditions. On August 1, 2017 the Town Council voted 7-0 to call up the decision of the Planning and Environmental Commission, citing the need for further review, concerns about the loss of vegetation at the Vail Transportation Center, and the change in character of Vail Village if the outdoor dining patio is constructed. Neubecker presented the materials associated with the call up of this matter, see packet materials. A site visit was conducted earlier in the day. It was noted the town was both the applicant and final decision maker and the town council could also determine not to proceed with the application. Council's input included both opposition and support of moving forward the application. Some supported activating the entrance to town, increasing revenues streams, and liked the creative way to enhance the area vs. those who opposed the application because the patio invades the landscaping and environment. Richard Wheelock, owner La Cantina, owner, spoke about his vision of the expansion. Chapin invited public input at this time; no comments were heard. Langmaid moved to withdraw the consent to proceed through the application process; Cleveland seconded the motion. The motion failed with a split vote, Foley, Bruno and Moffet — nay; Chapin, Langmaid, Cleveland — yea (3-3). Bruno moved to uphold the PEC decision pending negotiation of a new lease prior to issuance of a building permit. Foley seconded the motion and it failed as well; Foley, Bruno and Moffet — yes; Chapin, Langmaid, Cleveland — nay (3-3). Langmaid moved to postpone the decision until all members are present; there was no second and the motion failed. Langmaid moved to reverse the decision of the PEC; Cleveland seconded the motion and it failed, Foley, Bruno and Moffet — nay; Chapin, Langmaid, Cleveland — yea (3-3). The PEC decision to approve the application for an amendment to the conditional use permit allowing for the construction of an outdoor dining patio remained the final decision. 5.1. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Planning and Environmental Commission on June 26, 2017, denying a request for a variance from Section 12-7B-16, Landscaping and Site Development, Vail Town Code, to allow for a reduction in landscaping area, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC17-0002) Presenter(s): Matt Panfil, Planner Action Requested of Council: The Town Council is asked to hold a public hearing on the appeal. Background: The applicant was required to provide landscaping as part of their 2016 remodel, however the landscaping has not been installed. The applicant requested a variance to the Town Council Meeting Minutes of September 5, 2017 Page 3 landscaping requirement, which request was denied by the Planning and Environmental Commission. Staff Recommendation: The Community Development Department recommends that the Town Council deny the appeal, and require the applicant to install the landscaping as originally planned. Staff presented the agenda item — see packet memo. The applicant, Sheika Gramshammer, was present to describe the basis for the appeal noting their current landscaping is appropriate and adequate, accommodating both bikes and flowers. Chapin asked for public input at this time; there was no input. Bruno moved to modify the PEC decision allowing for the variance on the planter boxes and as approved by the zoning administrator. Langmaid seconded the motion and it passed (4-2; Cleveland, Moffet — nay). 6. Presentations / Discussion 6.1. Short Term Rental Update Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Identify potential policy changes in regulating the short term rental market in Vail. Background: With two public input sessions this summer, and three Council meetings, staff has reported on an estimated inventory of rentals, peer resort regulations, results of a third party survey and proposed solutions to issues identified. This discussion provides another opportunity for public input on potential policy changes. Staff Recommendation: Direct staff on potential policy changes to include in a draft ordinance for Council's review prior to an ordinance reading. Halloran presented the materials — see council packet materials. There was council discussion with support of some of the following requirements: ✓ Q1: Support for proposal to select software tracking system for internal process improvements ✓ Q2: Support for regulations to include the requirement of the property to provide for a local contact number ✓ Q2: Support for requirement that there are no impacts to the neighborhood, re: noise, trash, parking, life -safety issues, etc. ✓ Q3: Support for requiring an affidavit statement that property is outfitted with life -safety equipment: o Fire Extinguishers o Carbon Monoxide Detectors o Smoke Alarms o Maximum Occupancy o Compliance with definition of a "bedroom" Chapin asked for public input at this time. Public comments were heard as follows: Sheila and Dennis Linn, residents, expressed the need for a requirement that neighbor consent for STR in duplexes is a must since there are so many negative issues arise with this kind of renting. Town Council Meeting Minutes of September 5, 2017 Page 4 Joseph Staufer, resident, opposed any STR in Vail neighborhoods as licensing businesses in residential neighborhoods should not be allowed. Beth Plazec, resident, opposes the licensing of STR in residential neighborhoods, sees this as incentivizing homeowners to commercialize their homes, and this type of use should be a conditional use, per the zoning code. She would prefer a town -wide vote on the matter. Penny Wilson, resident, supports the homeowners association must sign off on any STR that a property wants to operate, this type of use should be addressed in the zoning code and coordinated with all government for the proper revenue collections. Jonathan Staufer, resident, supported regulations that required property managers be licensed and a record of a local contact be maintained by the town. Herman Staufer, resident, concerned about approving STR in residential areas and preferred this kind of use remain in the commercial areas since there are many associated impacts, i.e. traffic, noise, violations, enforcement, etc. It was clarified that STR are allowed uses in all zone districts within the town of Vail. The discussion pertained to drafting regulations addressing the STR. There was no further input at this time and staff summarized comments from the discussion noting the topic would be reviewed once again incorporating the comments. 6.2. Commercial Ski Storage Update Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Community Development Department and Commercial Ski Storage Task Force members will provide an update to the Town Council on issues relating to commercial ski storage, ski concierge and ski valet. The Council is asked to provide direction on possible text amendments to the Town Code. Background: The purpose of this memo is to update the Town Council on issues and progress relating to the Town's commercial ski storage regulations, and the results of the recent Commercial Ski Storage Task Force meetings. Neubecker presented the topic and the work of the 14 member task force - see materials in the packet. Summary of the Task Force recommendations included the following : • Keep the existing horizontal zoning in place, which only allows Commercial Ski Storage as a permitted use on the basement or garden level of a structure • Add graphics to improve the definitions for the following: Y First floor of street level ➢ Basement or garden level • Separate the definitions for Commercial Ski Storage and Ski Club • Create a separate definition for Ski Storage Lockers • Set time of day limits on the placement of ski racks outside of a business • Do not set limits on the number of racks placed on private property • Ensure that public pedestrian easements are not blocked by ski racks • Consider removing code language on outdoor displays stating that an outdoor display "shall not visually detract from or block storefront or shop window" Town Council Meeting Minutes of September 5, 2017 Page 5 • Clarify that a building used for delivery of skis to guests of a hotel, which is separated from the hotel property, is considered Commercial Ski Storage (i.e. Four Seasons at Gorsuch on Wall Street) Action Positive Impact Negative Impact TIME Time cf day i,mits or :re p'a:emert of ski racks outside of a bus tiers Ach eves p.:.'.:.:j objective. Oi?ary nr;icat?s wren racks of skis can Le p'ac?d opts ie. Ensures s'k -a.:'•:s are rot outside al i the time. %lay In-prcy. safety and aesthetics Sion -e :lousiness may ioperate outside _ sit ::me iima PLACE h esti ek.'stir g dor rig to at only alloais ski storage in basements Vaintalcs •:,b a...:y of reta...' shops and restaurar: on street i?t,iI 'Juests m' st walk up stairs n 5k.i toots carryirg skis. Reduced rumber of locations for ski storage Prchibi:pacing racks or pe 'is:rar, easements Ensues safe passage for :edestnans and ernerge,rcy .:•hides Stiome penes are sumo.urded _y easernerts anc two...lol have tro place' tO pb::? sk:isi — -E abel'e: Concert Hall =laza Clay,=y :ha: a ski storage b. ildirg s?para:ed from :he note+ prooerty is. considered Commeroa,' Ski, Sdcr'ace, and is not s=tem pt from Ccimmeroiai Ski., Storage reg ,1a.:bcns carer to uncersta,,d if .a ::r=_ are more s[.ecif: C':an.ge may co: tie needed: applies only to ore property ,,at::^is time: MANNER Pic limit or number of racks Allows iousiniess owner *.c: deter -ire wi-3t is Gest °Cr the :Lsiress r :en•la! regatve in -pact Or ass:h tics OTHER CODE CLARIFICATIONS Add graph s to intpro•.e understanding of definitions Easier to understand Additional staf time to develop graphi'lcs aoc update Code thro'.Jgh c:rdinarcie process. Tr,ere ir-ay toe imp:-,7ts to c., :. sections of ` civ' Cicdie defrt-ors. Sed a a:e Me cleft -lit for -cmmerd :k Storage and Ski i i: LI: Easier to understand =dation.- stat time to de•.'?Ica grail :s an: a:c, ti roce thro. n crcinair pie kothers. Create 3 s?para:e def,n t or for Sit, Sitcrace Lockers Easier ,o unc:rsta-o Adciticnal staf= time to develop yrap'r: Cs an0 uc•C to Cod? throJgn crc.naroe arc:ess. Remove airg;age :or, vsua y detract'rg ..r Lxocking storefront or shoo window This hargi.agier : e O'ut:icor = isplay section of.',rie. nods is already .ague, and may Le cifficL'It to enforce May •:su t in more clutter anc ':_- visiciiiity of di spay w rdoWs. Cony,=:t=_ Artn :he policy cojettive of mar—Caning tv,oraricy arid economic vitality :r :=:e comr-er-cia', Cc..es. Chapin thanked the task force for their recommendations and invited public input, as follows: Stephen Connelly, resident, supported the guest experience as the priority to uphold when making the final decisions about the policies. Brent Martin, Four Seasons, noted the topic was mostly gray and not always easy to address; he appreciated that there is understanding that the guest service has changed and the hotel's mission is to service the guests and get them "out of skis and back into town". Drew Riley requested a review be made of the definitions, specifically that of a "ski club". Town Council Meeting Minutes of September 5, 2017 Page 6 Adam Hart, Double Diamond, noted they are unclear about placement and timing of racks and this should be consistent across shops. Tom Higgins, American Ski Exchange, expressed support for the current rules and did not support "ski club" to be above the first floor of a building. Staff noted the next steps in this process identified below: • Week of September 11, 2017 — Present draft text amendments to Task Force • September 19, 2017 — Present draft text amendments to Town Council • October 9, 2017 — Planning and Environmental Commission public hearing and recommendation on text amendments • October 17, 2017 — Town Council — 1st Reading of Ordinance on text amendments • November 7, 2017 — 2nd Reading of Ordinance on text amendments • November 17, 2017 — Vail Mountain Opening Day 6.3. Update to the Town Council regarding the Nature Center Study including consultant selection, process and schedule. Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: The Town Council is asked to consider the information provided and offer feedback or questions regarding the process. Background: The Vail Nature Center Interpretive Master Plan was finalized in December 2015. The Master Plan is an internal planning document which describes the current context of the VNC operation and provides an overall vision, strategy, and thematic focus for the VNC for the next several years. The desired outcome of the Vail Nature Center Study is to add clarity, understanding and direction to the strategies outlined in the Vail Nature Center Interpretive Master Plan. Staff has issued a Request for Proposals and is prepared to procure the services of a professional design consultant to move forward with the initial phases of the Vail Nature Center Study. Staff Recommendation: Staff recommends the Town Council consider the information provided and offer feedback or questions regarding the process for the initial phases of the Vail Nature Center Study. Oppenheimer presented the status of the Vail Nature Center Study and their moving forward with the selection of the professional design consultant, Pam Hopkins and Sherry Dorward. Details found in the packet memo. Funding for this project, $45K, was already budgeted and they are ready to launch the work immediately and return in December with an update and some recommendations. Langmaid requested Walking Mountain Science Center representatives be included. Town Council Meeting Minutes of September 5, 2017 Page 7 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 9:15 p.m. Respectfull Attest: Submitte Piave Chapi Patty -nny, Town Clerk i_ ayo Town Council Meeting Minutes of September 5, 2017 Page 8 Vail Town Council Meeting Minutes Tuesday, September 19, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Lea O'Brian, expressed concern about short term rentals occurring in their townhome complex and requested the town consider the regulations adopted by San Francisico. Chris Romer, Vail Valley Partnership, presented information about their new programming, Careerwise Colorado, an organization coordinating youth apprenticeships among businesses, students and educators. VVP is collaborating with Eagle County Schools, Colorado Mountain College and YouthPower 365 to launch this program. . 2. Consent Agenda 2.1. Resolution No. 27, Series of 2017, A Resolution Approving the Purchase of Real Property in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit #A104, Eagle County, Colorado with a Physical Address of 4192 Spruce Way, Vail, Colorado This item was removed from the consent agenda. 2.2. Public Works Site Water Quality Project Award Background: As a part of the Gore Creek Strategic Action plan, staff has had water quality improvements designed for the Public Works surface parking lots. The Town received two bids for the installation. This item was removed from the consent agenda. 2.3. Resolution No. 30, Series of 2017 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail Colorado and the Colorado Department of Transportation Regarding the Intermountain Transportation Planning Commission; and Setting Forth Details in Regard Thereto Town Council Meeting Minutes of September 19, 2017 Page 1 Background: CDOT works closely with many planning partners throughout the state, including local officials in ten rural Transportation Planning Regions (TPRs) and the five Metropolitan Planning Areas. The Town of Vail is a part of the Intermountain TPR (IMTPR). Town engineering staff meets quarterly with CDOT and the IMTPR to participate in the planning of regional and statewide multimodal transportation plans. CDOT is in the process of updating the outdated IGA's for these TPR's. Moffet moved to approve Resolution No. 30; Langmaid seconded the motion and it passed (7-0). 3. Town Manager Report 3.1. Chamonix Neighborhood Project Update (verbal report) 4. Public Hearings 4.1. Ordinance No. 13, Series of 2017, First Reading, An Ordinance Approving the Rezoning of Lot 1, East Vail Workforce Housing Subdivision, from Two- Family Residential (R) District to Housing (H) District, and the Rezoning of Tract A, East Vail Workforce Housing Subdivision, from Two -Family Residential to Natural Area Preservation (NAP) District. (PEC17-0039) Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2017, upon first reading. Background: The applicant, The Vail Corporation (aka Vail Resorts), is requesting a zone district boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for a rezoning of an unplatted parcel of land from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site. On September 11, 2017 the Planning and Environmental Commission held a public hearing on this application, and voted 6-0 to recommend approval to the Vail Town Council for this zone district boundary amendment. Staff Recommendation: The Community Development Department recommends that the Town Council hold a public hearing on this item to take testimony, and then vote on the first reading of this ordinance for a zone district boundary amendment. Chapin noted the public hearing was opened during the afternoon site visit to the East Vail property with town council members. Neubecker noted the numerous public input letters that have been received which have become part of the public record. Chris Jarnot, Vail Resorts, Inc., spoke about the application and the need for workforce housing. Dominic Mauriello, representing the applicant Vail Resorts, Inc., presented the application to the public. If the rezoning application were to be approved, he noted the company would seek out a development partner on the next phase of the project. He noted the presentation agenda below (see packet materials for full slideshow): • Introduction to the Project Team • Overview of the Proposal • Vail Resort's Commitment to Employee Housing • Process for Project • Location and Property Information Town Council Meeting Minutes of September 19, 2017 Page 2 • Existing Zoning: Two -Family Residential CURRENT ZONING TWO-FAMILY RESIDENTIAL (H) DISTRICT — 23.3 ACRES Permitted Uses — Single -Family Residential Dwellings Two -Family Residential Dwellings PROPOSED ZONING HOUSING (H) DISTRICT — 5.4 ACRES Permitted Uses — Deed Restricted Housing NATURAL AREA PRESERVATION (NAP) DISTRICT — 17.9 ACRES Permitted Uses — Nature Preserves • Proposed Zoning: Housing and Natural Area Preservation REZONING VS. EXISTING ZONING ✓ •No guarantees what development will be approved under the H zone district ✓ •If the rezoning is not approved, future development of the site will be under Two -Family Residential zoning ✓ •A vote on this application is not about development versus no development •Its about what gets developed • Workforce Housing Need was reviewed by the many documents and surveys conducted • Environmental Characteristics Rick Thomson, certified wildlife biologist, presented highlights from his wildlife study report which addressed bighorn sheep, elk, peregrine falcon, black bear, moose, mountain goat, mountain lion, and mule deer. • Criteria for Review • Conclusions • Complies with all of the criteria for review of a zoning amendment • Serves the best interest of the community • The proposal furthers two major development objectives: Provision of employee housing Protection of environmentally sensitive land • Environmental considerations will be appropriately addressed with any development plan Chapin invited public input at this time during the public hearing: 1. Bill Eggers, resident representing group called "Booth Creek Cares", expressed there are many issues with the rezoning the property, i.e. ownership issues, transportation, density, wildlife report, town's mission for overall development, and environment. He asked the town proceed with a more collaborative community approach. 2. Randi Borgen, resident, expressed concerns with traffic issues in that neighborhood. 3. Chris Romer, VVP, expressed their organization supports this rezoning application as it is a step towards sustainability of the community. 4. Gini Grisafi, resident, noted the need for employee housing but wasn't supportive of this location in light of the bighorn sheep also living in the area. She also requested the effort be collaborative with the town and the community. 5. Jack Stephan, resident, expressed concern the council is taking action and has not yet seen the development plan. 6. Pati Marsh, resident, expressed concerns and questions about the criteria and whether it complies with the town's land use plan. 7. Alan Danson, resident, expressed concerns using the location for for employee housing and would prefer an evaluation be made of other sites that would be better suited to this type of housing. He requested further review of a land swap options and thanked Jarnot for his consideration of such option. He requested the council table the ordinance and get all parties to consider the pros and cons of a potential swap Town Council Meeting Minutes of September 19, 2017 Page 3 8. Elyse Howard, Habitat for Humanity, supported the rezoning application as there is an incredible need for this kind of project. 9. Bobbi Lipnick, resident, supported the rezoning application and was appreciative of the offer to include a portion of the land be rezoned as natural preservation area status. 10. Richard Leslie, resident, opposed the rezone application and questioned why it needed to be decided upon at this time. He supported further review of the land swap option. 11. Charlie Langmaid, resident, expressed support for keeping the property for as is for a "park" for the bighorn sheep population and requested more review so that workforce housing be placed in a better location. 12. James Wilkins, VLHA, reminded everyone the review is about a proposed rezoning application on private property. 13. John Bailey, Eagle resident, expressed support of open space and wildlife as well as supportive of workforce housing and that this proposal accomplished both objectives. 14. Molly Murphy, VLHA, expressed support for the rezoning application. 15. Doug Woolridge, VRI, expressed that recruiting employees has been extremely difficult and workforce housing is a must if they are to hire employees. 16. Lauren Phillips, VRI, expressed the need for her housing and was hopeful the rezoning would lead to workforce housing opportunities. 17. Morgan Landers, expressed support for the rezoning application and sees this problem as a regional issue that needs to be solved with multiple projects. 18. Scott Hunn, Eagle resident, supportive of this project as a solution to the problem and lack of workforce housing. 19. Kim Bell Williams, Eagle County Housing Director, expressed support for the rezoning application as a first step towards creating community In Vail. 20. Pam Stenmark, asked that all parties to listen carefully to the land swap idea and take the time to review the viability of this option. 21. Steve Lindstrom, VLHA, resident, expressed that the matter at hand is a zoning matter and the community would be better for taking this offer. 22. Kirk Dwyer, Ski Club Vail Director, expressed support for the rezoning application and how difficult it is to find housing in the area. 23. Mary McDougall, VLHA, resident, expressed support of the rezoning and noted the need for the private sector to help solve the housing problems. 24. Ann Esson, resident, requested council table the matter and review the land swap idea. She preferred further evaluation of whether the project could even be built on the parcel with all of its difficulties in terrain. 25. Patty Langmaid, resident, expressed support of the bighorn sheep and opposition to the application for rezoning. 26. Brian Eggelton, Minturn resident, expressed support for more housing. Public comment period was closed at this time. Mauriello noted there was no development plan at this time. It was noted that a letter from the Colorado Parks and Wildlife deferred any input until there is a development plan. Staff noted the parcel is not designated open space. There were some questions about tabling the matter and the history of ownership and tax payments on the parcel. Langmaid and Mason expressed opposition to the rezoning application noting concerns about displacing the bighorn sheep and historical ownership of the property. Langmaid summarized her basis for opposing the application was not suitable or compatible with the town's goals and not meeting criteria #1, #2, #3, #5, and #8. She noted there is a better location for employee housing. Mason supported more review of a land swap option. Other comments that supported Town Council Meeting Minutes of September 19, 2017 Page 4 the application addressed private property ownership having a right to develop, the application is for a down -zoning of the property would be less impactful in the area, and the ability to preserve a larger portion of the property was of great value. Some expressed there may be many challenges in actually building the project in light of the terrain of the parcel. There was agreement that preserving the wildlife in that location would be of great importance. Moffet moved that Based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated September 11, 2017, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote 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." Moffet moved to approve, on first reading, Ordinance No. 13, Series of 2017, an ordinance for a zone district boundary amendment for an unplatted parcel of land in the South 1/2, Southeast 'A, of Section 2, Township 5, Range 80 West 6th Principal Meridian from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site, and setting forth details in regard thereto. Bruno seconded the motion and the motion passed (6-2; Langmaid and Mason — nay). Chapin noted the criteria were outlined in the staff memo to the PEC dated Sept. 11 and included in the packet materials (section VII: Review Criteria). 4.2. Ordinance No. 12, Series of 2017, First Reading, An Ordinance Amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code to Amend Table 23- 1, Employee Generation Rates by Type of Construction Use, and to Amend the Definition of Nexus Study in Section 12-2-2, Definitions, Vail Town Code Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Town Council shall approve, approve with modifications, or deny Ordinance No. 12, Series of 2017, upon first reading. Background: The 2006 Vail Employer Survey Summary of Results (Nexus Study) must be updated regularly to remain effective and relevant to ensure an accurate reflection of the current and future employee housing needs resulting from new development and redevelopment in the town. The Nexus Study is used by the Town of Vail in administering commercial linkage requirements for development within the Town of Vail. Staff Recommendation: The Community Development Department recommends that the Town Council open the public hearing and take testimony on the proposed ordinance. Moffet moved to approve on first reading, Ordinance No. 12, Series of 2017, an ordinance amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, to amend Table 23-1, Employee Generation Rates by Type of Commercial Use, and to amend the Town Council Meeting Minutes of September 19, 2017 Page 5 definition of Nexus Study in Section 12-2-2, definitions, Vail Town Code, and setting forth details in regard thereto, based on 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 compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the sign 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. Langmaid seconded the motion and the motion passed (6-1; Foley opposed). There was no public input on this topic. The ordinance decreased the accommodation unit rate for employee generation by 0.1% and increased the employee generation rate for eating and drinking establishments by 3.45% employees. Foley noted his concern about the recommendation of the increase to restaurants as why he did not support the ordinance. 5. Presentations / Discussion 5.1. Update on Parking & Transportation Task Force recommended 2017-2018 Winter Parking Program Presenter(s): Greg Hall, Director of Public Works and Transportation Action Requested of Council: Provide direction to the staff and the PATTF on the information presented as well as provide feedback on the issues regarding any additional information which would be useful from the Task Force as the Town Council will be asked to decide on the winter 2017- 2018 parking program in October. Background: The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12 -member group is to provide advisory input and recommendations on parking, transit and traffic operations. Staff Recommendation: Staff recommends the Town Council provide input, direction and issues the council would like the Parking and Transportation Task Force to address in order to make a final recommendation to the Vail Town Council to review, adopt or modify at a regular evening meeting in October for the upcoming winter 2017-2018 ski season. The Task Force addressed some of the following topics during their discussions: Goals, Policies, Guidelines, 2016-17 winter review, parking customer surveys, peer resort review pricing & parking product, vail free parking and outlying parking, rates and passes, 2 - hour free period, daily and overnight parking, transit, the future of parking and transportation. Winter 2017-2018 objectives and recommendations • Require construction projects to have an employee transportation and parking plan • Work with ECO Transit to support increased service in 2018 through county budget process • Develop a marketing and messaging plan around the following to reach 15 day overflow goal, see memo for details Inventory and add bike racks, bike corrals for special events Town Council Meeting Minutes of September 19, 2017 Page 6 • Enhancing additional winterer transit service • Long-term storage of cars • Inventory winter usage of private lots The recommendations for rate and parking passes are reflected below: Re.c"•mended Fate Svuc-ure: tc 3C Fre Fra 3_ to 1 Fr :,•E` Fee 1 to •.5 Fr -e Free 1 E to 2 Fr:_e 58 2 to _ S' 5' C 3 tc4 S22C 520 4 to 'E SZf SSC 15 to 24 525 54C Reocr•mencled Fark no Pass Frices Esist,; __-- Got' 5325C 5-325C S,iver S•ECC 52C0C ELK- 5•10C 5'^OC Greer S c3C' 57c� S•50 5100 After some discussion it was noted final decisions would be made at the next meeting. Some feedback addressed the basis for changes as being revenue neutral and the need to change behavior by changing the rates. 5.2. Commercial Ski Storage Update Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: Staff asks that the Town Council review the attached memo, answer the questions posed the memo, and provide direction on the proposed text amendments concerning Commercial Ski Storage. Background: On September 5, 2017, the Community Development Department presented the recommendations of the Commercial Ski Storage Task Force on possible code amendments to clarify the Town's existing policy on ski storage, ski concierge, and ski valet. The Town Council directed staff to develop draft text amendments for review before moving forward with the formal ordinance process. The attached memo, recommendations and draft text amendments are provided in response to Council's direction. Staff noted that the topic would return for further review after the task force reviewed their recommendations with the PEC. 6. Action Items 6.1. Resolution No. 29, 2017 A Resolution Approving the Town of Vail Transportation Impact Fee Schedule, Pursuant to Title 12-26; and Setting Forth Details in Regard Thereto Presenter(s): Tom Kassmel, Town Engineer Town Council Meeting Minutes of September 19, 2017 Page 7 Action Requested of Council: Adopt Resolution No. 29, Series 2107, Transportation Impact Fee Schedule Background: On July 11, 2017 the Town of Vail adopted Title 12-26, Transportation Impact Fee, of the Vail Town Code. The proposed transportation impact fee applies to new developments, including creation of any new residential dwelling units, or any new commercial floor area. The fee does not apply to residential remodels where no additional units are added, or to commercial remodels that do not increase square footage or change use. In order to implement the impact fee Town Council will need to adopt a Fee Schedule. Maximum Supportable Transportation Impact Fees Recommended •• n -; 153 20-- C' --3,:;r 3, .17,2lc; D.ir.. �A e- 0,-.' 37r.., ,-./.3 7..._ . v _ A'.. - .) e _ _?'r 4 -ed s 5 3s370 3 _ ___.G: 3 s 3,5-: :0 _ 355 CC . 53:0 .el _ ... _ v ''.4.11c e 33.7, 3 ,ts -ce, t e Corer....., S ',15C. o , 7 377_,_ 5 a'CS.CO S 5.33:.50 5 5.3&_:c s,- 153, S -El: 'a , S 9 5155 CO 'OI 73 ; 3 71' 40 5 :33 10 S 7 745„13,3 05 - - 5• ..-+t ,. I_ _, .._. _. - .. -. _ ..."..'i. :17 S.: 77 13_ - . _, -e ..,. . _ 11 . . . 5 .. 5 f __ a C1t Se . ___ _ . _.. _ '.,._ .. s _ _._., ._6 Total Projected Revenue $ 18,244,320.00 $ 17,332,104.00 $ 16,419,868.00 $ 15,507,672.00 $ 14,595,456.00 Total Additional Amount Subsidized by Town 5 2.553,105CC0 5 3155,,075437 S 4375, 2,00 5 5,750,57'5 C.0 5 5,202,721X There was some brief discussion about the proposed rate schedule (above). Due to the late evening, a motion was made by Cleveland to table the item to a future date; 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 Bruno seconded the motion which passed (6-0) and the meeting adjourned at 11 p.m. Attest: Res•ectfully Submitted, — •' a Chap! , a .'� Town Council Meeting Minutes of September 19, 2017 Page 8 Vail Town Council Meeting Minutes Tuesday, October 3, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Randy Guerriero, resident, inquired about the status of the Marriott project and comments on several related items, 1) don't allow too many dogs, 2) opposed heated walkways, 3) supported left hand turn lanes. He asked the town to consider buying the property for a recreation facility. Jen Mason thanked the Vail community for supporting the recent fundraiser for the Woods family. Kevin Foley noted a council candidates meet & greet would be held at the Ale House for the public. There was a moment of silence in memory of Dr. Tom Steinberg, a pioneer of Vail and elected official serving 19 years. 2. Proclamations 2.1. Proclamation Friends of Libraries Week Presenter(s): Lori Barnes, Library Director The proclamation was read by the town council members. 3. Consent Agenda 3.1. Resolution No. 31 Series of 2017, 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 Town Council Meeting Minutes of October 3, 2017 Page 1 Background: This agreement allows for the Town of Vail to be reimbursed by Eagle County for hauling costs incurred at the community recycling site. The initial IGA was formalized in November of 2010 and has since been extended annually. Bruno moved to approve the IGA; Foley seconded the motion and it passed (7-0). 3.2. Minutes from August 1, 2017 meeting 3.3. Minutes from August 15, 2017 meeting Moffet moved to approve the both sets of minutes; Foley seconded the motion and it passed (7-0). 3.4. Appointment of Regular Municipal Election Judges Memorandum — registered electors of Colorado Moffet moved to appoint the judges for the November 7 Regular Municipal Election; Bruno seconded the motion and it passed (7-0). 3.5. East Lionshead Circle Sidewalk Contract Award Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Icon, Inc. to complete the E Lionshead Circle Sidewalk project in the amount not to exceed $155,000.00; Bruno seconded the motion and it passed (7-0). 4. Town Manager Report Clifton noted a sample report that he would be producing for the town council in the near future; the report would include such updates on admin matters, projects, staffing, etc. Fire Chief Novak presented an update on the Intermountain logging operations. 5. Public Hearings 5.1. Ordinance No. 13, Series of 2017, Second Reading, An Ordinance Approving the Rezoning of Lot 1, East Vail Workforce Housing Subdivision, from Two -Family Residential (R) District to Housing (H) District, and the Rezoning of Tract A, East Vail Workforce Housing Subdivision, from Two- Family Residential to Natural Area Preservation (NAP) District. (PEC17-0039) Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2017, upon second reading. Background: The applicant, The Vail Corporation (aka Vail Resorts), is requesting a zone district boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for a rezoning of an unplatted parcel of land from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site. On September 11, 2017 the Planning and Environmental Commission held a public hearing on this application, and voted 6-0 to recommend approval to the Vail Town Council for this zone district boundary amendment. Town Council Meeting Minutes of October 3, 2017 Page 2 Staff Recommendation: The Community Development Department recommends that the Town Council hold a public hearing on this item to take testimony, and then vote on the second reading of this ordinance for a zone district boundary amendment. Chapin introduced the East Vail rezoning Ordinance No. 13 and opened the public hearing. Staff made a brief presentation per the packet memo. Chis Jarnot, VRI, thanked the town staff, PEC, Town Council for their time spent with the application. Jarnot noted the development of the 5.4 acre portion of the site can co -exist w/bighorn sheep just like Booth Falls neighborhood and town shops. He requested Council to vote on application tonight, not table, noting the company isn't interested in discussing a land swap. He presented some history about the company's land ownership and confirmed their intent to construct employee deed restricted housing on the site. Dominic Mauriello, Mauriello Planning Group representing VRI, noted they have nothing further to present but available to answer any questions. The hearing was opened to public comments: Rol Hamelin, East Vail resident, encouraged them to consider quality of life first with this application. Michael Hazard urged council to move forward with this responsible development which will create a more sustainable community. Bill Heicker, Eagle retired district wildlife manager, expressed concern that not enough information has been given and reviewed appropriately. He expressed concern with the current response from Colorado Parks & Wildlife Charlene Canada, resident, expressed concerns about transportation impacts. Terry Meyers, representing Rocky Mountain Bighorn Sheep Society, expressed concerns about the ability to protect the herds and requested the town make this a priority. Chris Romer, WP, expressed the partnership's support of the development proposal noting that it is a down -zoning which is "right" for the community. Mery Lapin, resident, shared his perspective on the history of employee housing, requesting the council table the matter to allow for more review and a chance to find another location for this development. His concern was that larger development projects did not produce the appropriate housing in the past, thus the problems. Andy Daly, resident and former elected official as well as employee of Vail Resorts, expressed support for the rezoning and the proposal with a request to make a decision now. Alan Braunholtz expressed support for the rezoning and housing project and hopes someday it might produce some kids to play in the park w/ his kids. Jack Stephen, resident and supporter of booth creek cares, expressed a tabling of the item and requested more time is needed to negotiate the details of the project before rezoning the land. Town Council Meeting Minutes of October 3, 2017 Page 3 Pati Marsh, resident, expressed concern the application has been fast -tracked with a request the council table the application. Patti Langmaid, resident, expressed concern there has not been enough time to review the application and the topic at large. She expressed concerns about the impacts the project will have on the bighorn sheep Rick Smith, VVMC, expressed support for the rezoning and housing project since there is an enormous demand for housing. The hospital has great difficulty finding housing for employees which makes recruiting very difficult. John Welaj, resident, expressed support and the need for workforce housing as critical to the area. He encouraged council to make a decision tonight. . Roger Cardoza, resident, expressed support for the rezoning application and the project in light of the critical need for employee housing. Bill Eggers, resident, thanked council for their efforts and expressed frustration that there is no development plan to review. He noted there should more time to review the impacts on wildlife in the area. Pam Stenmark, resident, preferred to see the decision delayed and requested the town review other options and location. Mark Zachary, Rocky Mountain Bighorn Society, expressed opposition because of the impacts on the sheep as this project will destroy their habitat. Bill Hanlon, resident, noted the critical topics as parking and housing and encouraged the town to be critical in its review of the project. Michael Cacioppo expressed concern for the wildlife yet supports the ski company housing its employees; this is the wrong location. Public input was closed at this time and there were no closing comments from the applicants. Council provided their input at this time. Langmaid was not supportive of the rezoning and preferred the project be constructed at another location. Moffet noted a land trade would not work since the land considered is zoned natural area preservation district; he does not want to up -zone. Mason was concerned that historically the land was considered open space yet now development is slated for the property. Bruno supported the rezoning as rights of the private property owner. Cleveland noted the application as a rezoning only and there would be further review of the development application. Foley supported the property owner taking the opportunities they are allowed for under the code. Chapin noted this as a difficult and challenging topic not only for the community but for the property owners as well. Moffet moved to approve on second reading, Ordinance No. 13, Series of 2017, an ordinance for a zone district boundary amendment for an unplatted parcel of land in the South 1/2, Southeast 1/2, of Section 2, Township 5, Range 80 West 6th Principal Meridian from Two -Family Residential (R) District to the Housing (H) District on the western portion of the site, and Natural Area Preservation (NAP) District on the eastern portion of the site, and setting forth details in regard thereto." He further noted the approval of the Planning and Environmental Commission Town Council Meeting Minutes of October 3, 2017 Page 4 recommended findings and that based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated September 11, 2017, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote 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." Moffet also recognized the amended Ordinance No. 13 to include a section 7. Foley seconded the motion. Cleveland noted that the zoning does not take place until the final plat is recorded. Moffet amended the motion to accept the outside executed date of Dec 29, 2018; the amendment was seconded by Foley. The motion passed (5-2; Langmaid and Mason opposed). Langmaid opposed because the application didn't meet criteria no 1, 2, 5, and 8. Mason opposed because the application didn't meet criteria no. 2, 5, 7, and 8. A short recess was taken at this time and the meeting reconvenes at 8:10 p.m. 5.2. Ordinance No. 12, Series of 2017, Second Reading, an Ordinance Amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code to Amend Table 23-1, Employee Generation Rates by Type of Construction Use, and to Amend the Definition of Nexus Study in Section 12-2-2, Definitions, Vail Town Code Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Town Council shall approve, approve with modifications, or deny Ordinance No. 12, Series of 2017, upon second reading. Background: The 2006 Vail Employer Survey Summary of Results (Nexus Study) must be updated regularly to remain effective and relevant to ensure an accurate reflection of the current and future employee housing needs resulting from new development and redevelopment in the town. The Nexus Study is used by the Town of Vail in administering commercial linkage requirements for development within the Town of Vail. Staff Recommendation: The Community Development Department recommends that the Town Council open the public hearing and take testimony on the proposed ordinance. Staff noted nothing changed from first reading of the ordinance. Moffet moved to approve Ordinance No. 12, Series of 2017, Second Reading, an Ordinance Amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code to Amend Table 23-1, Employee Generation Rates by Type of Construction Use, and to Amend the Definition of Nexus Study in Section 12-2-2, Definitions, Vail Town Code, with the following findings: That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town; and 1. That the amendment furthers the general and specific purposes of the sign regulations; and Town Council Meeting Minutes of October 3, 2017 Page 5 2. 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. Public comment was invited and there were none. Foley questioned the number of employees required for the eating & drinking establishments; he suggested using Vail's local data. The motion was approved (5-2; Chapin and Foley opposed). 6. Action Items 6.1. Parking and Transportation Task Force Recommended Winter 2017-2018 Parking Program Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: Approve or approve with modifications the Winter 2017-2018 Parking Program as recommended by the Parking and Transportation Task Force. Background: The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12 -member group is to provide advisory input and recommendations on parking, transit and traffic operations. Staff Recommendation: Staff recommends the Town Council approve the Parking and Transportation Task Force recommendations for the Winter 2017-2018 Parking Program. Hall reviewed the materials again and with a review of the memo — included in the packet. The recommendations of the Parking and Transportation Task Force for the Winter 2017-2018 Parking Program are targeted to: ✓ Increase the use of the current underutilized parking supply during peak periods. ✓ Decrease the demand for parking spaces during peak periods to free up spaces. ✓ Encourage the use of carpooling and transit. ✓ Discourage the use of rental cars. ✓ Encourage the use of short-term parking for business opportunities verses free extended parking (looping) and the free 2 hour local ski outing. ✓ Encourage the reduction in Vehicle Miles of Travel VMT as outlined in the Town's Environmental Strategic Plan as a 20% VMT reduction goal. ✓ Task Force also recommends rolling back free period from current 2 hours of free parking to 90 minutes of free parking. It was noted that increases in winter parking rates are being recommended to address supply and demand strategies and a decrease from 2 hours to 90 minutes allotted for free parking, see recommended rate structure and parking pass prices below: Town Council Meeting Minutes of October 3, 2017 Page 6 Recommended Rate Structure: Existing Proposed 0 to 30 Free Free 30 to 1 Free Free 1 to 1 5 Free Free 1 5 to 2 Free $5 2to3 S15 $10 3 too S20 $20 4 to 15 S25 $30 15 to 24 $25 $40 Recommended Parking Pass Prices Existing Proposed Gold S3250 $3250 Silver S1800 $2000 Blue $1100 $1500 Green S 500 $750 Pink S150 $300 There was further dialogue about the "free parking", a parking validation process, and overnight parking rate, county transit services. There was overall support for the recommendations with a few changes, i.e. pink pass priced at $200; overnight parking at $50 (see changes below). Recommended Parking Pass Prices Existing Proposed Revised Gold $3250 $3250 $3300 Silver $1800 $2000 $2000 Blue $1100 $1500 $1250 Green $500 $750 $625 Pink . $150 $300 $150 6.2. Ordinance No. 14, Series 2017, First Reading, an Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2018 through December 31, 2018 Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 14, Series 2017 Background: Please see attached memo Staff Recommendation: Approve or approve with amendments Ordinance No. 14, Series 2017 Finance Director Kathleen Halloran presented highlights from the council packet memo as well as responses to the inquiries made during the Sept. 19 meeting. Consideration was given to the following items: • Funding request for Seibert sculpture; there was a request for more information and not to include it in the 2018 budget at this time. • Spring Back To Vail Funding which was reviewed and included in the 2018 budget Town Council Meeting Minutes of October 3, 2017 Page 7 • Funding history for housing and community building as presented by a summary worksheet; there was further detail presented by the town manager about housing program staffing and strategic planning implementation. Moffet moved to approve Ordinance No. 14, Series 2017, First Reading, an Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2018 through December 31, 2018. Bruno seconded the motion. Foley asked about the proposed 4% merit increase and requested a five year history summary for consideration at second reading. Public input was heard from Steve Lindstrom, VLHA, who expressed funding support for the housing initiatives. The motion passed (6-1; Foley opposed). 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 10:30 p.m. Attest: 11 Respectfully Submitt: .ILI / Dave Chap Town Council Meeting Minutes of October 3, 2017 Page 8 Vail Town Council Meeting Minutes Tuesday, October 17, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Mayor Chapin spent a moment recognizing Morrie Shepard, Vail's first ski school director who passed away, who worked with many of the pioneers of Vail. Patti Langmaid, resident, expressed opposition to the patio at the Village Parking structure as an extension of La Cantina. She demonstrated the proposed size of the patio noting that it would ruin the beautifully landscaped area and entrance to Vail Village. Penny Wilson, resident, thanked the town for the berm at their property and expressed support for keeping the two hour timeframe as free parking. Bill Hanlon, resident, thanked council for honoring he and his wife as the July 4th parade grand marshals and also shared his thoughts about Vail as a community moving forward, to sustain it as a recreational mountain community with young & active residents and a continued priority to create more housing. Leah Obrien, resident, read from a draft proclamation from the Vail Rotary Club acknowledging polio days which will be celebrated on Oct. 24. Michael Cacioppo expressed his opposition to reducing the free parking from 2 hours to 90 minutes and his concerns about the county's ballot questions 1A. Kim Langmaid requested council's consideration of the following two topics: 1. Requested support for a feasibility review of the property next to the Middle Creek Housing project to use for more workforce housing. There was not enough council support for this study; it was noted the parcel is already zoned as natural area preservation district. Town Council Meeting Minutes of October 17, 2017 Page 1 2. Requested staff time to help determine next steps needed to pursue bighorn sheep collaborative regarding East Vail property. There was council support of this request to have staff time dedicated to this topic. 2. Consent Agenda 2.1. Minutes from September 5, 2017 meeting Moffet moved to approve the minutes from Sept. 5; Bruno seconded the motion and it passed (6-0; Mason abstained). 2.2. Minutes from September 19, 2017 meeting Moffet moved to approve the minutes from Sept. 19; Bruno seconded the motion and it passed (7-0). 2.3. Resolution No. 36, Series of 2017, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2018 through December 31, 2018 Moffet moved to approve Resolution No. 36; Cleveland seconded the motion and it passed (7- 0). It was noted that the VLMD approved the 2018 budget earlier that day. Foley noted that he proposed at that time using some of the VLMD budget to fund iconic events, i.e. music and dance, and using the savings of that in the General Fund for housing efforts. 3. Town Manager Report Presenter(s): Greg Clifton, Town Manager Clifton highlighted his first report as a sample of what he would like to provide moving forward. Council supported this communication report. Greg Hall, Public Works Director, presented an update about the Red Sandstone Elementary school parking structure estimated costs. He noted that the design and construction for the engineering items related to accommodating the building with further upward expansion would create additional costs for the project. There continued to be support for this component of the project. Hall also spoke briefly about the parking rates that were recently adopted. 4. Presentations / Discussion 4.1. Short Term Rental policy discussion Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Staff is requesting further clarification from Council on policy direction and will return with an ordinance on November 7th. Background: Over the course of two public input sessions this summer and four Council meetings, staff has received direction on regulations for the short term rental market. There are several other policy considerations that staff would like Council's direction prior to developing an ordinance. Staff Recommendation: Direct staff on additional policy changes, if any, prior to a proposed ordinance scheduled for November 7th. Town Council Meeting Minutes of October 17, 2017 Page 2 Finance Director Halloran presented some final components of this short-term rental policy in order to draft the legislation addressing regulations. The items staff is reviewing included: • Revise the current ordinance to remove the 14 -day threshold to require a license • Create a penalty / fine structure for the unlicensed operation of short-term rentals • Require an affidavit to be signed by the licensee to acknowledge trash, noise and parking violations as well as verifying life safety precautions are in place.* Staff has another suggestion based on additional research. Please see below for details on the concept of a third party inspector. • Require a local property contact for each rental which must be posted in the interior of the rented unit for renters, as well as documented with the town. Other topics reviewed with public input included: 1. Joint ownership. Specifically this entails a required sign -off by a neighbor sharing a party wall, for example a duplex owner. Does Council wish to include a requirement relating to joint ownership in the ordinance? Public comments were heard from: Stephen Connelly: permission should come with the renewal process • Penny Wilson, Leah O'Brien: requested that HOA should become part of the approval process • Dennis Linn: supported co-owner consent • Michael Cacioppo: doesn't support taking away people's property rights Council requested more info about the joint ownership language in terms of sign off and violation of property rights. 2. Safety: Council has initially approved the town requiring an owner -signed affidavit verifying that the owner has complied with short term rental safety requirements such as CO2 monitors, smoke detectors and occupancy limits. Sample checklists are attached (Attachment A) which provides a lot of detailed considerations. Public comments were heard from: Dennis Linn: requested government involvement for home inspections in an effort to keep a Vail standard for accommodations Stephen Connelly: doesn't support third party inspections Council supported: ✓ a checklist affidavit that was life -safety oriented only ✓ No third parties contractors involved for inspections ✓ No inspections 3. Safety: Based on additional research, staff would like to propose another option for addressing safety concerns. Rather than rely on an affidavit, the owner could be required to obtain an inspection from a third party company as part of the annual licensing process. Staff would suggest that a standard checklist form be used by the inspector and could provide a list of accepted vendors. Does Council wish to require an affidavit or an outside inspection prior to licensing and license renewal? Town Council Meeting Minutes of October 17, 2017 Page 3 4. Also on the topic of safety, citizens have expressed concerns with snowy/icy exterior walkways and stairs as potential hazards to vacationing guests. Does Council wish to include exterior walkways in the safety requirements? There was not any council support for third party inspections related to numbers 3 and 4. 5. Council previously discussed tracking violations of the town's current noise, trash, and parking ordinances for the purposes of license revocation. Does Council wish to add a regulation to enable the town staff to revoke a business license if a certain number of verified violations occur for a particular rental unit? Staff believes that license revocation may be an effective enforcement tool. It could be structured with a revocation hearing and applicable criteria to ensure a fairly administered process. There was some discussion about the licensing and revocation of licenses as a useful tool for monitoring the STR environment. Staff will continue to research this component keeping it simple and stream -lined in administrative efforts. Stephen Connolly noted the goal as preserving the quality of life for everyone in the neighborhoods. 6. With enforcement in mind, the posting of a rentals license number on the exterior of the unit would greatly improve reporting of complaints or violations that must be verified by police or code enforcement. A call into Dispatch or responding officers may not be able to readily identify if the location is a rental or confirm the exact address and unit number. Without a confirmed location, it will be difficult to prove that a violation has occurred. Other communities such as South Lake Tahoe, Hood River, Oregon, and Santa Cruz County, California have implemented an exterior posting of the license number. South Lake Tahoe for example uses a 12"x12" sign placed near the main doorway and Santa Cruz signs are limited to 216 square inches. Any regulation surrounding exterior signage would have to first be approved by the Design Review Board (DRB). Does Council support exterior posting of license numbers? In general there was not support of posting the exterior of the properties but rather it was suggested using some kind of database that identifies information about the properties used for short term rental. There was support for interior posting of ownership information to be required win 5 feet of the front door 7. Since the last Council discussion on STRs, staff has learned of new legislation passed in San Francisco that is gaining traction with other municipalities. The new regulation requires hosting platforms such as VBRO or Airbnb to verify that a rental is licensed with the municipality prior to listing the advertisement. The hosting platforms are allowed to use multiple methods to verify licensing. Other municipalities pursuing this same regulation include Santa Monica, California and Miami -Dade County, Florida. Does Council wish to pursue requiring hosting platforms to confirm licensing prior to posting a rental online? This item was supported but it was suggested to possibly include it at a later date. Halloran also noted a number of items that are currently active to implementing their program i.e. software research, database updates, identify enforcement practices and how to communicate with owners, drafting educational tools and communications, forms for the str licensing, identify how to track complaints. Legislation would be drafted and presented at the next meeting taking into consideration the input. Town Council Meeting Minutes of October 17, 2017 Page 4 5. Action Items 5.1. Resolution No. 32, Series of 2017, Resolution supporting Eagle County Ballot Issue 1A — funding mental health and substance abuse services in Eagle County through the taxation of retail marijuana Presenter(s): Dave Chapin, Mayor Action Requested of Council: Council is asked to vote on the resolution. Moffet moved to approve Resolution No. 32, Series of 2017; Langmaid seconded the motion and it passed (7-0). There was no public input on the topic. 5.2. Resolution No. 33, Series of 2017, Resolution of Support for the Vail Park And Recreation District Ballot Issue at the November 7, 2017 Special Election Presenter(s): Dave Chapin, Mayor Action Requested of Council: Council is asked to vote on the resolution. Mike Ortiz, Director of VRD, spoke on behalf of the election and proposed ballot question. Moffet moved to approve Resolution No. 33, Series of 2017; Foley seconded the motion and it passed (7-0). Michael Cacioppo expressed support of this ballot proposal. 5.3. Resolution No. 34, Series of 2017, A Resolution in Support of Ballot Question 1 on the November 7, 2017 Town of Vail Election Ballot; and Setting Forth Details in Regard Thereto Presenter(s): Dave Chapin, Mayor Action Requested of Council: Council is asked to vote on the resolution. Moffet moved to approve Resolution No. 34, Series of 2017; Foley seconded the motion and it passed (7-0). There was no public input on this topic. 5.4. Resolution No. 35, Series of 2017, A Resolution Approving a Development Agreement Between the Town of Vail, The Vail Local Housing Authority and Sonnenalp Properties, Inc. Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, Approve with Conditions or Deny Resolution No. 35, Series of 2017. Background: Sonnenalp Properties Inc. owns real property within town limits with a physical address of 501 N. Frontage Rd. W. The owner wishes to develop deed restriction property for employee housing which will consist of 65 residential dwelling units within one building, parking and walkway improvements as well as renewable energy options. In exchange for the Deed Town Council Meeting Minutes of October 17, 2017 Page 5 Restriction, the Town shall pay the Developer $4,225,000 (the "Town Contribution"). The Town Contribution is based on a per Unit price of $65,000 (for 65 Units). Community Development Director George Ruther presented background and noted the town will call upon the new Vail InDEED program to help fund the project. The 65 new Solar Vail rental units would be a combination of studio, one and two bedroom and 16 of the new apartments at Solar Vail would be available for businesses and individuals not associated with Sonnenalp Properties. This involves purchase of 65 deed restrictions on property at $65K per unit for total of $4.225 million. There was Public input heard at this time: Chris Romer, VVP, noted that Eagle County did not license businesses in incorporated Eagle County and expressed support for the project and the public-private partnership. Rick Smith, Chief Administrative Officer for the new Vail Health, expressed support for the project which shows vision and courage. Steve Lindstrom, VLHA, noted their recommendation, thanked Goerge Ruther for working this public-private partnership and noted these kinds of projects will be pursued as a model. Moffet moved to approve Resolution No. 35, Series of 2017, A Resolution Approving a Development Agreement between the Town of Vail, The Vail Local Housing Authority and Sonnenalp Properties, Inc.; Bruno seconded the motion and it passed (7-0). 6. Public Hearings 6.1. Second reading of Ordinance No. 14, Series 2017, an Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2018 through December 31, 2018 Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 14, Series 2017 Background: Please see attached memo Staff Recommendation: Approve or approve with amendments Ordinance No. 14, Series 2017 Chapin opened the public hearing at this time. There was a review of the memo included in the council packet. There was some discussion about the housing budget, salaries, and transportation items. Cleveland moved to approve on second reading, Ordinance No. 14, Series 2017, an Ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2018 through December 31, 2018. Bruno seconded the motion and it passed (6-1; Foley opposed). Foley expressed concern about the ability to sustain the increases in wages over time. Cleveland noted the town has been an average payer and budget for next year is in line with that philosophy. Public input was invited and Steve Lindstrom spoke about the housing budget and the need to fund it as a program. He also thanked Cleveland for his years of support and actions related to housing. . Town Council Meeting Minutes of October 17, 2017 Page 6 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 8:40 p.m. Respectfully ubmitted hapin, M-9• V Town Council Meeting Minutes of October 17, 2017 Page 7 A Vail Town Council Meeting Minutes Tuesday, November 7, 2017 3:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 3:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Dick Cleveland Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. DRB / PEC Update 1.1. DRB / PEC Update Presenter(s): Chris Neubecker, Planning Manager There were no call up of the most recent DRB or PEC actions. 2. Presentations / Discussion 2.1. Update on Gore Creek Macroinvertabrate Scores Presenter(s): Dave Rees, Timberline Aquatics and Pete Wadden, Watershed Education Coordinator Action Requested of Council: As this in an informational presentation only, there is no action requested of Council at this time. Background: Dave Rees, aquatic entomologist, will provide an overview of his surveys of Gore Creek Macroinvertebrate populations from 2016. Gore Creek has been listed as an "Impaired Waterway" by the Colorado Department of Health and Environment for failing to meet EPA standards for aquatic life since 2012. The town and its partners have undertaken major efforts to reverse the downward trend in insect populations in the creek. In 2016, some improvements in aquatic insect populations were observed in several monitoring locations in the creek, while declines were observed in others. Rees will present the findings from 2016 and offer analysis of what the scores indicate about the current status of Gore Creek. The presentation covered an overview of the surveys of Gore Creek bug populations from 2016. Results included both improvements and declines on various locations of the creek. Town Council Meeting Minutes of November 7, 2017 Page 1 2.3. Presentation of the Commission on Special Events (CSE) funding allocations for 2018 Cultural, Recreational and Community Events and Education and Enrichment Programming Presenter(s): Mark Gordon, Commission on Special Events Action Requested of Council: Informational only. No formal action required. Background: The CSE received 49 proposals in response to the RFP for 2018 events/programs that was issued in August. "Special Event Rating Criteria" was used to evaluate all proposals with respect to how they align with a strategic approach to providing a diverse calendar of events that are well matched to the Vail brand and will exceed the expectations of the Vail guest. Staff Recommendation: The CSE believes this is a strong calendar of events aligned with the Town Council's mission of providing our citizens and guests with "an abundance of recreational, cultural and educational opportunities" that will continue to drive increased results and contribute to providing thought provoking educational and life enriching opportunities. It was noted that of 49 funding proposals, 41 of them were slated for funding from CSE. There were additional comments made about the Legacy Fighting Alliance, mixed martial arts sporting event, TEDxVail, Vail Craft Beer, and Vail Centre proposals. Concerns were expressed about meeting brand and the details of the programming. Moffet moved to call up recommended funding allocations for Vail Centre, Betty Ford Alpine Gardens and King of the Mountains event for further detailed discussion and evaluation. Foley seconded the motion and it passed (6-1; Mason opposed). 2.2. The Vail Valley Foundation will present the opportunity for Vail to host one stage of the 2018 Colorado Classic on Friday, August 17, 2018. Presenter(s): Mike Imhof, Vail Valley Foundation Action Requested of Council: No action requested. Informational and discussion purposes only. Background: The Colorado Classic & Velorama Festival is a professional bike race and music festival including an expo and food & beverage offerings. The event producers are currently scheduling their 2018 schedule and stage locations. The VVF is interested in acting as the hostorganizer for a stage in Vail and partnering it with their Whistle Pig music festival event occurring the same weekend. Staff Recommendation: Staff recommends exploring the opportunity of one stage of the Colorado Classic in Vail on Friday, August 17, 2018. Discussion was held on the possibly hosting of the Colorado Classic in August 17, 2018. Imhof explained the different options of the proposed event, i.e. time trial vs. circuit race. Town Council was generally supportive of the proposal with preference for multi-year commitment, two-stage event. More negotiations would occur and VVF would return with an update at the next meeting. Town Council Meeting Minutes of November 7, 2017 Page 2 falaw 3. Information Update 3.1. VLHA Meeting Results 3.2. September 2017 Sales Tax Report 3.3. August 2017 Vail Business Review 3.4. Revenue Update 4. Matters from Mayor, Council and Committee Reports Several committee and town updates were presented by council members. 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: Topic of which cannot be disclosed without jeopardizing the purpose of the Executive Session. Moffet moved to convene to an executive session; Foley seconded the motion and it passed (7-0) at 4:45 p.m. The executive session adjourned at 5 p.m. 6. Consent Agenda 6.1. Resolution No. 37, Series of 2017, A Resolution Approving an Amended and Restated Reciprocal Hazardous Material Incident Intergovernmental Agreement; and Setting Forth Details in Regard Thereto. 6.2. Minutes from October 3, 2017 meeting 6.3. Minutes from October 17, 2017 meeting 6.4. Contract Award to Adcon Moffet moved to approve the consent agenda; Cleveland seconded the motion and it passed (7-0). 7. Town Manager Report It was noted a community reception would be held November 14 to recognize the new town manager, the police chief and the streets superintendent. 8. Break estimated at 5:15 p.m. 9. Citizen Participation began at 5:30 p.m. Bob Armour, resident, spoke about signage at the Sandstone underpass and flashing signs in general; he does not support excessive signs or flashing signs. In addition, he thanked Dick Cleveland for his years of service to the Town. Tom Saafield, VRD Chairman, thanked the town for their support of their election question and passage of the mil levy tax increase; he looked forward to working cooperatively together. Penny Wilson, resident, spoke about winter parking policies requesting the enforcement of looping and a return to the two hour free parking. Town Council Meeting Minutes of November 7, 2017 Page 3 10. Action Item 10.1. Resolution No. 29, Series of 2017 A Resolution Approving the Town of Vail Transportation Impact Fee Schedule, Pursuant to Title 12-26; and Setting Forth Details in Regard Thereto Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve, modify or deny Resolution No. 29, Series 2017. Background: On July 11, 2017 the Town of Vail adopted an amendment to Title 12 of the Vail Town Code to add a new Chapter 26, Transportation Impact Fee. In order to implement this fee the Town Council must approve a Transportation Impact Fee Schedule by Resolution. After a brief presentation, Mayor Chapin invited public comment and Tom Braun, Braun & Associates, and Jim Lamont, Vail Homeowners Association, provided input on the topic. Bruno moved to approve Resolution No. 29, Series of 2017 A Resolution Approving the Town of Vail Transportation Impact Fee Schedule, Pursuant to Title 12-26; and Setting Forth Details in Regard Thereto, with a 15% reduction in the fee; Foley seconded the motion and it passed (6-1; Moffet opposed). 10.2. Permission to Proceed - Solar Vail Access Presenter(s): Justin Lightfield, Planner 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 improved access for the redevelopment of Solar Vail. This utilization of Town of Vail property would be subject to the terms of an access easement in a form acceptable to the Town Attorney. Background: The proposal includes a modification to this existing access driveway to improve both vehicular and pedestrian safety, and two sidewalks to the west to provide pedestrian access to the existing bus stop. The proposal within Tract A includes a driveway, sidewalks, and lighting. The access improvements impact approximately 2,000 square feet of Tract A. The proposal on Potato Patch, Block 2, Lot 8 (zoned General Use), includes two walkways totaling 280 square feet. The Applicant must obtain approval from the Vail Town Council as the property owner before proceeding through the Town's development review process for any improvements on Town owned property. Staff Recommendation: Instruct Town Staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements. Moffet moved to approve the permission to proceed through the town development review process with the Solar Vail access application. The motion was seconded and approved (7-0). 10.3. First reading of Ordinance No. 15, Series 2017, an ordinance amending Title 4 of Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith Town Council Meeting Minutes of November 7, 2017 Page 4 Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, deny or approve with amendments Ordinance No. 15, Series 2017. Background: Please see the attached memo outlining proposed changes to short term rental regulations based on feedback from Council throughout the year. Staff Recommendation: Approve, deny or approve with amendments Ordinance No. 15, Series 2017 After a brief introduction of the topic and some discussion about the join ownership terms of the short-term rentals as it relates to duplexes, public input was invited by Mayor Chapin. • Dinnis & Shelia Linn expressed support for the joint ownership. • Leah O'Brien noted there is a loss of community and rental property with short term rentals. • Joe Staufer expressed concern about allowing this kind of use in the residential areas. • Stephen Connolly requested more provisions addressing shared spaces. • Bill Fleischer expressed concern with the legislation. Council's comments addressed the local property contact, on-site posting of the contact information, the affidavit requirements for the life -safety measures. The council voted to table the short term rental ordinance to allow staff to make changes as directed by town council (6-1; Moffet opposed). 11. Public Hearing 11.1. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On October 23, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail Town Council. Town Council Meeting Minutes of November 7, 2017 Page 5 Ordinance No. 9 was tabled to the December 5, 2017 meeting. 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 me_ ting adjourned. Attest: Res. ectfu Ily ave Chapi , Mayor Town Council Meeting Minutes of November 7, 2017 Page 6 Vail Town Council Meeting Minutes Tuesday, December 5, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Jeannie McQueeney, Eagle County Commissioner, thanked vail town council for their support of the mental health ballot question and presented a poster that would support the effort. 2. Proclamations 2.1. Proclamation No. 8, Series of 2017, Proclamation Declaring December 8, 2017 as "WhoVail Day"! Presenter(s): Dave Chapin, Mayor Vail Town Council read the proclamation to the audience and thanked the Four Seasons for their promotion of the holiday community spirit. 3. Consent Agenda 3.1. Resolution No. 27, Series of 2017, A Resolution Approving the Purchase of Real Property in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit #A104, Eagle County, Colorado with a Physical Address of 4192 Spruce Way, Vail, Colorado Moffet moved to approve Resolution No. 27 in an amount not to exceed $267,500; Bruno seconded the motion and it passed (7-0). 3.2. Resolution No. 42, Series of 2017 A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County for Animal Control Services; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 42; Bruno seconded the motion and it passed (7-0). Town Council Meeting Minutes of December 5, 2017 Page 1 3.3. Minutes from November 7, 2017 meeting Moffet moved to approve the minutes; Bruno seconded the motion and it passed (6-0; Coggin abstained). 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager It was noted that the town needed to appoint an elected official to serve on the Compact of Colorado Communities; Chapin was appointed to continue serving as Vail's representative. It was noted Town of Vail retained its Bicycle Friendly Community designation. And recognition and thanks were given to staff members Gregg Barrie and Mark Hoblitzel for their efforts in writing a grant to obtain funding for electric buses. 5. Action Items 5.1. Resolution No. 40, Series of 2017 Resolution to join the Eagle County Climate Action Collaborative and setting forth details in regard thereto Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council review the Memorandum of Understanding associated with Resolution No. 40, Series of 2017, to join the Eagle County Climate Action Collaborative, and approve, approve with modifications, or deny Resolution No. 40. Background: The Climate Action Collaborative is the next step of the Climate Action Plan for the Eagle County Community and the proposed organizational structure to accomplish the goals of the Plan. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 40, Series of 2017 as written. Bertuglia gave a very brief presentation. Moffet inquired about the standalone resolution and the exhibit included in the packet; Bertuglia noted there was not a commitment to any financial resources at this time. Moffet moved to approve Resolution No. 40, Series of 2017 Resolution to join the Eagle County Climate Action Collaborative and setting forth details in regard thereto; Bruno seconded the motion. Public input was invited; none was given. The motion passed (7-0). 4.1 Town Manager Report — continued At this time, George Ruther, Community Development Director, presented the status and progress on the Chamonix Neighborhood Project and noted a slight delay with construction, up to three weeks. 5.2. Resolution No. 41, Series of 2017, Resolution to join the Compact of Colorado Communities and setting forth details in regard thereto Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Town Council Meeting Minutes of December 5, 2017 Page 2 Action Requested of Council: Staff requests the Vail Town Council review Resolution No. 41, Series of 2017 and associated materials and approve, approve with modifications, or deny, Resolution No. 41, Series of 2017. Background: Founded by Mayor Steve Skadron (City of Aspen), the Compact of Colorado Communities has been established to bring cities and counties together to take constructive and practical climate action. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 41, Series of 2017. Bertuglia briefly spoke about the environmental programming of the organization, Compact of Colorado Communities. Moffet moved to approve Resolution No. 41, Series of 2017, Resolution to join the Compact of Colorado Communities and setting forth details in regard thereto, confirming the financial commitment as $2,000. Bruno seconded the motion and it passed (7-0). 5.3. Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015 International Fire Code, concerning open burning Presenter(s): Mike Vaughan, Fire Marshal Background At the August 1, 2017 Town Council meeting, direction was provided to staff regarding amending Town of Vail Code regarding open burning. The Ordinance No. 19, Series of 2017 is based upon direction provided to staff by Town Council. Currently open burning is addressed in Title 5, Chapter 8 and Title 10 Chapter 1 (amendments to the International Fire Code) of the Vail Town Code. Within these two sections, there are currently conflicts regarding regulations related to open burning. The proposed Ordinance will repeal Title 5, Chapter 8 of the Vail Town Code and amend Title 10, Chapter 1 to clarify permissible and prohibited activities related to open fires. Summary of Changes 1. Definitions updated to clarify difference between outdoor burning and the use of outdoor fireplaces 2. Expand prohibition of open burning to include outdoor fireplaces during Stage 2 and Stage 3 fire restrictions and Red Flag Fire Weather Warning days 3. Provides extinguishment authority in situations in which the smoke from an otherwise permissible open burning is creating a nuisance or health hazard 4. Provides specific guidance on use of outdoor fireplaces 5. Establishes a prohibition on the use of portable outdoor fireplaces in short term rental units Note: The proposed regulations do not apply to outdoor fireplaces which burn propane or natural gas. Clarification was made with regard to bonfires vs. solid fuel fire and the open burning situations, which are outlined in the international fire code. No public input was given. Moffet moved to Town Council Meeting Minutes of December 5, 2017 Page 3 Approve Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015 International Fire Code, concerning open burning. Bruno seconded the motion and it passed (7-0). 5.4. Ordinance No. 20, Series 2017, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series 2017 Smith summarized a number of highlights of the supplement budget ordinance, noting that across all funds, the supplemental request would adjust the budget to reflect $7,555,995 of additional revenue and proposes an increase of $8,102,452 to expenditures. She noted that during the 2018 Budget process and in response to comments regarding the implementation and funding of the Housing Strategic Plan, staff proposed the creation of an internal Housing Fund. Per the Governmental Accounting Standards Board (GASB) and confirmed by our auditors, this housing fund does not qualify to be treated as a separate fund because there is not a unique funding source (for example, a dedicated tax revenue). However, we can separately present on a budget basis a "Housing Fund" which would consolidate into the Capital Projects Fund for financial reporting purposes. The Housing Fund is a Town of Vail fund, not a component of the Vail Local Housing Authority. Town Council will need to appropriate the budget for the Housing Fund in the normal budget process. Details were reflected in the council packet memo addressing all funds: • General Fund • Capital Projects Fund • Housing Fund • Real Estate Transfer Tax (RETT) Fund Public input was invited and Steve Lindstrom, VLHA, thanked staff and administration for their efforts in segregating the funds for housing. Moffet moved to approve Ordinance No. 20, Series 2017, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund. Bruno seconded and the motion passed (7-0). 6. Public Hearings 6.1. Ordinance No.15 Series 2017, second reading, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 15, Series 2017 Town Council Meeting Minutes of December 5, 2017 Page 4 Background: Please see attached memo Staff Recommendation: Approve or approve with amendments Ordinance No. 15, Series 2017 Chapin opened the public hearing. Halloran noted the changes between first and second reading. She explained the highlighted sections of the council packet memo, which addressed such items as 1) required application process which includes a renewal, 2) exemption for full time onsite property management companies, 3) inclusion of joint ownership terms requiring approval of property owners who have shared common property, 4) affidavit requirement, 5) requirement and identification of a property contact, 5) posting of licensing, 6) compliance with health and safety standards, 7) identifiable and transparent complaint process with proposed effective date. Public input was invited at this time: • Dennis and Sheila Linn commented on common areas joint ownership requirements and property liability and their related concerns about insurance coverages with duplexes. • Dick Neal, resident, expressed concern about the parking implications that will occur with short term rental of his property. • Sara Petersen, resident of Potato Patch Club, expressed many issues with their neighbor's short term rentals. She extended thanks for the council's efforts with the • Mitch Whiteford, resident, requested 3 modifications — 1) simplify the licensing process, 2) create framework of fines that escalate as incidents increase, instead of not renewing, 3) eliminate the permission concept related to duplex regulations, too many unintended consequences • Joanne Cahart, resident, expressed support of the ordinance noting that so many things have changed it was time to address this "big business". She supports neighborhoods not enclaves of short-term rental housing. • Audrey Powell, supports the regulations and remains concerned about the common space/shared space regulations for duplexes. • Stephen Connelly, resident, thanked staff and town council for their efforts In drafting the legislation. He thought it was a great starting point and suggested changes would likely occur in the future. He offered some ideas about some of the administration of the ordinance. • Lawrence Donovan , resident, expressed concern about a law that would delegate to the neighbor rights of a property owner ; must regulate with the rules addressing noise, parking, etc. very concern as he is a real estate lawyer ; substantial lawsuits would be on the horizon ; the kind of use is not addressed in the title work ; concerned that it would create worse scenarios for the neighbors ; supportive of the other aspects of the legislation • Mark Gordon, resident, offers thanks and notes the joint ownership consent clause is worrisome without an appeal process identified; he is not supportive of giving your neighbor property owner the decision-making rights. • Steve Lindstrom, resident, VLHA Chairman, noted that short-term rental property does impact long term rentals in Vail; he notes this proposal starts to measure the impacts with the registration requirements and will hopefully then inform the future to further regulate the situation. • Nancy Reed, resident, supported "owner's rights" and peaceful neighborhood living. • Jim Lamont, VHA, concerned about the joint ownership consent language, requested that mandatory insurance be required of the operators, encouraged that an appeal process be identified, asked that the town be conservative in regulating the environment. Town Council Meeting Minutes of December 5, 2017 Page 5 There were no further comments from staff and council comments included the following: ➢ What is the status of the software implementation ➢ Questions about the response time from the contact person; how long should that be, 30 or 60 minutes ➢ What are the staffing needs for implementation ➢ Who will serve as the hearing officer if it is determined one would be needed ➢ What insurance requirements are regulated Foley moved to approve Ordinance No.15 Series 2017, second reading, an ordinance amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental Properties, and repealing sections in conflict therewith. Langmaid seconded the motion. After further discussion about the joint ownership consent clause, Foley amended his motion to remove this language requirement (4-14-4 C) and include a sixty (60) minute response time from contact representatives, and Langmaid seconded the amendment. Chapin followed up with some additional comments about the complaint process and response time. The motion passed (7-0). 6.2. Ordinance No. 16, Series 2017, Second Reading, Ordinance providing for the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year Presenter(s): Kathleen Halloran, Finance Director Background: The town is required by Colorado state law to certify the mil levy by December 15 of each year. Moffet moved to approve Ordinance No. 16, Series 2017, Second Reading, Ordinance providing for the levy assessment and collection of town property taxes due for the 2017 tax year and payable in the 2018 fiscal year. Bruno seconded the motion and it passed (7-0). No public input was given on this topic. 6.3. Ordinance No. 21, Series of 2017, First Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, Setting Forth Details in Regard Thereto Presenter(s): Matt Panfil, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, deny, or continue the public hearing on Ordinance No. 21, Series of 2017 to December 19, 2017. Background: This is a request for a major amendment to Special Development District No. 36, Four Seasons Resort to allow for the reconfiguration of existing accommodation units (AUs), fractional fee units (FFUs), and dwelling units (DUs). The reconfiguration will result in an increase of eight (8) AUs (12) DUs, eighteen (18) attached accommodation units (AAUs/Iockoffs), and a reduction of thirteen (13) unsold FFUs. Town Council Meeting Minutes of December 5, 2017 Page 6 Staff Recommendation: On September 11, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a major amendment to Special Development District No. 36, in accordance with the requirements of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a recommendation of approval to the Vail Town Council. A copy of the PEC meetings results have been included n the packet of materials. The Community Development Department recommends the Vail Town Council opens the public hearing on this request, listens to the staff and applicant presentations, asks questions of the staff and applicant and then continues this public hearing to December 19, 2017 for first reading. Panfil made a brief presentation, see council packet memo that addresses the history of the project, the challenges it is seeing and the regulations that will be impacted, parking & commercial linkages Tom Braun, Braun Associates, representing owners, Extell (Real Estate Developers), and local Extell representative, Kurt Krieg, addressed the council about the property, Four Seasons Resort, and presented the application noting that after purchasing the subject property in November 2016, the applicant established new goals in order to operate the Four Seasons more efficiently and effectively. Said goals include: • Increasing the number of standard sized hotel rooms / AUs; • Reducing the number of suites; • Repurposing thirteen (13) FFUs that remain unsold since the building's construction; • Creating additional for -sale real estate; and • Providing an incentivized rental program via the addition of attached accommodation units (AAUs) / "lock -offs." In order to achieve these goals, the applicant proposes the following changes to the existing unit mix: Existing Unit Mix Proposed Unit Mix Net Change 122 HUs 130 AU TS HUs 16 DUs 28 Dwelling (Units (with 13 A.AUsi +12 DUs 1 + 18 AUs 19 FFUs . t FFUs -13 FFUs 2B EHU 28 EHU He noted the basis for repurposing the thirteen (13) FFUs for two (2) primary reasons, as follows: • The project was approved in 2001, but did not open as the Four Seasons untiI2010. The applicant states that the luxury lodging industry changed significantly over this time period and FFUs have fallen out of favor with the market. • The property was owned and operated by a bank between 2011 and November 2016, when the applicant purchased the property. As the applicant states, financial institutions are not well suited to operate luxury properties and there was a lack of a long-term vision for the property. After some review of the homeowners association structures, the Mayor asked for public input. There were no comments given at this time. Moffet moved to approve Ordinance No. 21, Series of 2017, First Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, Setting Forth Details in Regard Thereto, with a requirement that an additional 2,000 sq. ft. of deed restricted employee housing to be located off-site be Town Council Meeting Minutes of December 5, 2017 Page 7 provided. Langmaid seconded the motion. There was further discussion about whether the request of additional housing was sufficient mitigation for the changes proposed. It was suggested that if not the unit then additional fee -in -lieu monies be collected. It was noted the applicants would further review the request. The motion passed (6-1; Foley opposed). 6.4. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon first reading. Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Staff Recommendation: On October 23, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail Town Council. Chapin opened the public hearing at this time. Staff presented the application noting the applicant would present a very detailed presentation of the project, see presentation of staff per the council packet. The criteria were identified, PEC feedback was reviewed. Both lack of community benefit and too much height and density were problems the PEC identified and the premise for the recommendation to deny the project. Dominic Mauriello, Mauriello Planning Group, presented the application and introduction of his team. Some highlights included: • Aerial map • Renderings of the project from differing perspectives ■ History of vail mountain view residences • Gore Creek group — Pete Carlson — Developer of Potential Phase 2 • What's happened since august? More ehu units are being proposed • New programming • Less deviation ; more benefit w/ Reduced density; traffic decrease ; setbacks are improved • Review the site plans (aerial view) and floor diagrams • EHU concept described • Sustainability • Public benefits reviewed • Deviations described — below grade presents the issues • Critical need for employee housing • Hotel & lodging summary • Public benefits - EHUs vs hotels ■ Background on zoning • Vail village master plan highlights Town Council Meeting Minutes of December 5, 2017 Page 8 • Others including Phase I on the property have supported the project • Diagram of the building showing Tyrolean and Mountain View He summarized why the project meets both short and long term goals of the town and meets comp plans. Chapin opened public comment at this time. • David Foster, Foster Graham Milstein and Calisher, Denver, representing Tyrolean HOA since last April, presented to PEC a few months ago and expressed a number of concerns about the incompatibility of the project based on the criteria. • Chris Romer, VVP, also speaking on behalf of Rick Smith with Vail Health, expressed support for the project and the housing that would come with ti. • Steadman Clinic VP of Operations also expressed support of the project noting that the housing component would benefit his employee market. • James Wilkins resident, VLHA member, ERWSD employee, expressed support of the project and the housing component. • Kerry Wallace, representing the entire Mountain View HOA for Phase I, and formerly representing a few owners, expressed support on behalf of the Association noting their diligence with the developer to get the project acceptable to all of them. • Chris Hawkins, Alpine Planning, Ridgeway, CO, expressed support on behalf of the Phase I owners and noted their work to create a project that is compatible with the criteria and sufficient in its housing component. • Tom Saalfeld, contact for the Tyrolean Association; expressed concern about the height and density of the project; the proposal does not take into consideration the input from their association. • Stephen Connolly, resident, expressed concern about the housing component not serving those who really are in need of affordable housing. • Video of Jay Levine, President of Mountain View HOA, was shown to the audience and town council; Levine expressed support of the project. Public comment was closed at this time. Town Attorney requested council feedback about their ability to review and act impartially with their decision making on this application. Each council member was polled and responded that he or she would act impartiality. Closing comments were made by the applicant addressing the public benefit of the housing and the memo addressed the project as it related to the criteria. There were no further comments from town staff. Council comments included: ➢ There was both support of the housing offering as the public benefit and a request for more affordable housing ➢ While the project is sizable, it meets the public benefit and criteria ➢ Would prefer balconies be added to the units ➢ Heated streets are not preferred and requested an energy exchange if this were implemented Moffet moved to approve Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto with the following conditions and findings, as follows: Town Council Meeting Minutes of December 5, 2017 Page 9 Conditions: 1. "The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property; 2. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall record with the Eagle County Clerk and Recorder a Town of Vail employee housing deed restriction for a minimum two-bedroom dwelling unit of at least 788 square feet, located within the Town of Vail; 3. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject property, the applicant shall pay to the Town of Vail a traffic mitigation fee, the amount of which is yet to be determined, per net new P.M. peak hour vehicular trip. Findings: 1. That the SDD complies with the standards listed in Section 12 -9A -8-A, Vail Town Code, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 2. That the SDD 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 SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD 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 (6-1; Foley opposed). 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 11:30 p.m. Attest: Respectfully Submitted, _ ve Chapin, ayor Town Council Meeting Minutes of December 5, 2017 Page 10 Vail Town Council Meeting Minutes Tuesday, December 19, 2017 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Chris Neuswanger, local mortgage broker, shared information about Fannie Mae regulations related to deed restricted housing and the Chamonix financing for home loans. 2. Appointments for Boards and Commissions 2.1. Appointments for Commission on Special Events (CSE) Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint three people to CSE with formal motion. Interviews for CSE were conducted during the afternoon meeting. Three vacancies for two year terms ending in 2019 needed to be filled with appointments from Town Council. Bruno moved to appoint Samantha Biszantz, Rayla Kundolf and Kim Newbury Rediker to serve two year terms to the Commission on Special Events. Moffet seconded the motion. Foley thanked all who participated in the interviews and encouraged them to attend CSE meetings on a regular basis. The motion passed (7-0). 3. Consent Agenda 3.1. Resolution No. 43, Series of 2017, A Resolution Approving an Amendment to Intergovernmental Agreement Between the Town of Vail and the Colorado Department of Transportation Regarding Vail Bridge Road Structure Replacement; and Setting Forth Details in Regard Thereto 3.2. Intergovernmental Agreements for purchase of Motorola Consolidated 800 MHz replacement radios Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (7-0). Town Council Meeting Minutes of December 19, 2017 Page 1 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager Clifton noted the recent staff retreat and upcoming council retreat. It was agreed that a morning retreat on January 9 at the Grand View would be scheduled. 5. Presentations / Discussion 5.1. 2018 Colorado Classic bike race update including a formal request for funding for two stages in Vail August 16 & 17, 2018 Presenter(s): Mike Imhof, Vail Valley Foundation Action Requested of Council: Council approve or deny request for event funding. Background: The Vail Valley Foundation (VVF) presented to Council on November 7, 2017 an informational update presenting the opportunity for the Town of Vail to host one or two stages of the 2018 Colorado Classic on August 16 & 17, 2018. The WF informed Council that they would take their feedback to the event organizers to better understand the overall event opportunities, RFP requests, and costs in order to return with a formal funding request. Jen Mason recused herself from the discussion noting her conflict of interest associated with employment with the Vail Valley Foundation. Mike Imhof, VVF, made some staff introductions, Tom Boyd, Sara Franke, Mac Garnsey; as well as the event promoters, Velorama: Tom Gart, Jim Burrell (with Medal Sports), David Kopf, (Colorado Classic owner). He noted the WF met with promoters to evaluate the ability to host another bicycle race in Colorado, taking what was been learned over time with Vail bike racing, and most recently the Pro Cycling Challenge. The dialogue has been active for the past two years and has come to fruition with this current proposal; Imhof presented the highlights of the event and proposal, as follows: COLORADO CLASSIC VAIL "Classic racing retums to most cycle -loving state in America"- CNN 2018 4 TOTAL STAGES 2 CMES (2 mutes in Vat, 2 routes i,, Denver) AUGUST 14 & 17, 2018 - VAIL STAGES THURSDAY RACE FORMAT: CIRCUIT/MULTIPLE FRIDAY RACE FORMAT: TIME TRIAL ANCILLARY EVENTS: LIFESTYLE + BIKE EXPO CITIZEN (amateur) + STRIDER RIDES MUSIC, FOOD, + DRINKS Other topics addressed included: ✓ Media Coverage Strategy Come for the racing, stay for the music 20,000+ estimated fans in attendance Thursday — Saturday dight Bike event will dovetail with headliner music performances at the Gerald R. Ford Amphitheater on Aug. 17 + 18; Food. Beer, and Expo Festival Loco business integration. positive economic impact Town Council Meeting Minutes of December 19, 2017 Page 2 ✓ Lodging ✓ Recommended Route — Vail Circuit and Time Trial ✓ WF acts as local organizing committee ✓ Awards take place Friday afternoon ✓ Expo would likely wrap up after awards ceremony on Friday (est. 4 p.m.) ✓ Sponsor underwriting Vail's races would likely stay; others would likely move to Denver ✓ Music would be provided by VVF; no funding would be requested for this activity; evening and paid concerts at GRFA The request for funding from the Town of Vail is shown below and totaled at $310K plus $65K for in-kind services to bring two stages to Vail, with a 3 -year term commitment and estimated to bring 20,000 attendees the first year: Request for Town of Vail Support Considerai'ion Criteria ✓ MuM-Year (2018-2020)? Yes! ✓ Two Stages in Vail? Yes! ✓ Roce doges stay in Vail? Yes! ✓ Event Dates fill o need period? Yes! 1 financial support reduced? Yes! $155,000 in cash, per stage $32,500 value in kind, per stage •fn comparison, for the USA Pro Cttat!enge event, Town of Vail provided support of $ 175,000 in cash and $25.000 in trade for one stage. Other comments and questions were addressed: • Finance Director Kathleen Halloran noted that funding was split from VLMD and General Fund for the Pro Cycling Challenge, $100K and $75 respectively. • The goal for team riders is 112 for the men and 60 for the women. • The event is international, national, and statewide, working with state partners and international partners. • Challenges from Pro Cycling Challenge would be avoided by reducing the number of race locations, changing race times. • The event would take advantage of the weekend music and other forms of entertainment being offered at the Gerald R. Ford Amphitheater. Chapin invited public comments at this time and resident Heather McDonald supported the idea noting that bike racing in Vail is a part of its heritage and enjoyed by the entire community. Moffet moved to direct staff to include $375K in the 2018 budget; the funding would be split $110K from General Fund Balance; $200K from the VLMD fund, $65K in kind services, in response to the request from the VVF for hosting the Colorado Classic bike race in August. Foley seconded the motion. There was support from council members who noted the following comments: • Moffet noted the media spend and room nights would create a great return on investment. • Langmaid noted it as an awesome opportunity for the economy and iconic event for Vail, and noted her support for a beer consortium, a women's event, a citizen's ride as all great components. Town Council Meeting Minutes of December 19, 2017 Page 3 • Chapin noted that the last bike race was not a great revenue generator for the local business, but bike racing as iconic for the Vail Valley. • Bruno noted her support of the proposal also agreeing with the Mayor's points about return for local businesses. She hoped to part of changing the way cycling is viewed in light of its recent history. She thanked VVF and the team for all its efforts in bringing the race to Vail. • Foley supported the proposal and noted his satisfaction that both races would attract spectators. The motion passed (6-0; Mason recused). 5.2. Town of Vail Annual Resale Lottery Criteria Process and Options for Consideration for Process Amendments — Recommendation to Vail Town Council Presenter(s): George Ruther, Director of Community Development and Steve Lindstrom, Chair, Vail Local Housing Authority Action Requested of Council: Listen to the staff presentation on the recommendation for amendments to the annual resale lottery criteria process and solicit public comment. Provide instruction to the Town staff on proposed amendments. Background: The Vail Town Council requested that the Vail Local Housing Authority and the Community Development Department review the existing Town of Vail annual resale lottery criteria process and recommend options for amendments, improvements and enhancements. A number of objectives and identified issues to be addressed as a result of this request are outlined in the staff memorandum to the Vail Town Council. Staff Recommendation: Following careful and thoughtful review of the Town's annual resale lottery criteria and selection process the Vail Local Housing Authority finds that amendments, improvements and enhancements are needed to realize the goals and objectives for housing in Vail. To be successful, the resale lottery criteria and selection processes should be aligned with Town's goals and objectives for housing. A complete list of recommended actions is outlined in the staff memorandum. George Ruther introduced the topic and noted that Steve Lindstrom and Mary McDougal were present representing the Vail Local Housing Authority. The VLHA has reviewed the current criteria and recommends that Vail Town Council authorize Town staff to pursue revisions to the current criteria and lottery by taking action on the following; (the status of each item is in upper case): 1. Clearly define the goals and objectives of the Town's lottery criteria and process. SUPPORTED 2. Allow current residential property owners, including vacant residential land, to participate in the lottery. NO CONSENSUS — WANT MORE INFORMATION 3. Phase out the weighted preference and tiered systems and replace them with a true lottery process, effective June 2018. SUPPORTED A MIDDLE GROUND SUGGESTED BY PUBLIC INPUT, JACKSON AFFORD SOME PREFERENCE FOR LONGEVITY ; BUT NOT FULL PRIORITY 4. Replace the annual lottery process with an individual and separate process for each home when it becomes available for purchase. SUPPORTED 5. Eliminate the minimum household size requirements. SUPPORTED 6. Simplify the application submittal process and minimize to the extent possible the materials required for participation. SUPPORTED 7. Implement a true lottery drawing process which affords all qualified participants an equal chance of being selected. SUPPORTED Town Council Meeting Minutes of December 19, 2017 Page 4 Town Council's feedback did not show support for a current homeowner becoming part of the lottery and a request to create a middle ground for #2, the current residential property owner. Chapin invited public input at this time. • Heather McDonald, resident at Vail Commons, shared that she has been trying to spread the word about the lottery and more publicity would be good. Ian suggested that it is not a broken system and he wasn't supportive of the tiered system and preferred seniority preferences. ■ Joanna Biele, resident at Vail Commons, expressed concern about the lottery and how the seniority works and preferred that seniority remain a criteria. Public input was closed at this time. It was noted staff would return with revised recommendations based on the discussion and council support was given to the following: 1) eliminating household size requirements, and 2) eliminating the need to conduct a lottery each time a property becomes available. 6. Action Items 6.1. Ordinance No.17, Series of 2017, First Reading, An Ordinance Amending Sections 5-11: Abatement Of Diseased Trees And Wildfire Fuels And 12-11: Design Review, Related To Vegetation Removal For Wildfire Mitigation Purposes Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: Approve, Approve with Conditions or Deny Ordinance N. 17, Series of 2017 on 1st Reading. Background: This is a proposal to clarify and codify existing standard operating procedures related to vegetation removal. The Town of Vail currently requires a Design Review Board (DRB) permit for the removal of vegetation, including trees, when not associated with another development application. The Town of Vail Fire and Emergency Services Department also issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire Adapted Vail Program or through the town's abatement provisions for dangerous or diseased trees. The proposal eliminates the requirement for a DRB permit following a recommendation by the Wildland Coordinator concerning vegetation removal. Staff Recommendation: The Planning and Environmental Commission (PEC) held a public hearing on the proposed Prescribed Regulations Amendment on November 13, 2017 where a recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. This recommendation was based on a finding that the proposal furthered the adopted goals, objectives and policies of the Vail comprehensive plan. Spence presented the topic for consideration per the memo in the council packet with a recommendation for the code changes (following page). Langmaid preferred the three month window of the nesting environment, May, June, July, not be available for the tree cutting program. Spence noted that the purview of this ordinance was not related to the environmental request and noted that a more thorough review of the tree removing timing window be reviewed separately. There was council consensus to have staff review this aspect. Mark Novak, Fire Chief, spoke about tree removal, wildfire mitigation, and the confusion with environmental priorities. He does not support banning the tree removal program and informed them there are about 20 tree removal permits issued each year. Town Council Meeting Minutes of December 19, 2017 Page 5 The following amendments are proposed with new language in underline and items to be removed designated by a ctakariuougp. Sec. 5-11.7.- Permit for Removal An owner desiring to remove diseased trees shall file an application for a permit with the Fire and Emergency Services Department There shall be no application fee for the permit. The application shall contain a written narrative describing the type, size, quantity and general location of the diseased trees proposed to be removed. The director may perform a site visit prior to taking any action on the permit application. 12-11.3: DESIGN APPROVAL A. Scope: No person shall commence removal of vegetation, site preparation, building construction or demolition, dumping of material upon a site, sign erection, exterior alteration or enlargement of an existing structure, paving, fencing or other improvements of open space within the corporate limits of the town unless design approval has been granted as prescribed in this chapter. The addition of plant materials to existing landscaping, gardening, and -landscape, and vegetation removal approved by the Fire and Emergency Services Department through a Wildfire Hazard Assessment shall be exempt from this provision. Chapin invited public comment and Stephen Connolly inquired about the specifics of the nesting environment suggesting there might be a middle ground on the tree removal timeline. Moffet moved to approve Ordinance No.17, Series of 2017, First Reading, An Ordinance Amending Sections 5-11: Abatement Of Diseased Trees And Wildfire Fuels And 12-11: Design Review, Related To Vegetation Removal For Wildfire Mitigation Purposes. Bruno seconded the motion and it passed (5-2; Mason; Langmaid opposed). 6.2. Ordinance No. 22, Series of 2017, First Reading, Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking violations Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, Series of 2017 upon first reading. Background: Pursuant to C.R.S. § 42-4-111, the Town of Vail (the "Town") is empowered to regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction. Pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect, enforce, and impose fines and penalties for the violation of its local laws. Moffet moved to approve Ordinance No. 22, Series of 2017, First Reading, Ordinance Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking violations. Bruno seconded the motion and it passed (7-0). There no public input on the topic. 6.3. Ordinance No. 23, Series of 2017, First Reading, An Amending Chapter 9 of Title 1 of the Vail Town Code by the Addition of a New Section 1-9-8(E) Regarding the Use of Collection Agencies to Collect Unpaid Fines and Costs. Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 23, Series of 2017 upon first reading. Background: House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. § 18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to pay money, failure to appear to pay money, or failure to appear at any post -sentencing court appearance wherein the defendant was required to appear if he or she failed to pay a monetary Town Council Meeting Minutes of December 19, 2017 Page 6 amount. The Town of Vail (the "Town") lacks the resources and expertise to collect past due receivables internally, the Town Council has decided to permit the Town to employ the services of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and restitution arising out of municipal court matters. Judge Allen spoke about this matter briefly. Moffet moved to approve Ordinance No. 23, Series of 2017, First, Reading, An Amending Chapter 9 of Title 1 of the Vail Town Code by the Addition of a New Section 1-9-8(E) Regarding the Use of Collection Agencies to Collect Unpaid Fines and Costs. Bruno seconded the motion and it passed (7-0). There was not public input on this matter. 6.4. Red Sandstone Elementary School Parking Structure Update Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: The staff has requested the Town Council address the following: Authorize the Town Manager to enter into a pre -construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500. Amend the 2017 supplemental budget for the design and construction of the south 1 70 improvements by $287,500 to be funded by Vail Reinvestment Authority Background: The Town of Vail and the Eagle County School District are working together to jointly construct a four -level 160 car parking structure on the current Red Sandstone School site. The work will include extensive site work to establish a loop road around the parking structure to allow access to each level while at the same time provide a one-way loop road for school drop off and pick up. Staff Recommendation: Staff recommends the Town Council continue to pursue the four -level structure. In addition, the Town Council should take action on the items below: Authorize the Town Manager to enter a pre -construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500. Amend the 2017 supplemental budget for the design and construction of the south 1-70 improvements in the amount of $287,500 to be funded by Vail Reinvestment Authority. Greg Hall presented details below about related estimated costs: The pre -construction amounts are as Bows: • HaseMen Construction pre -construction services • Stresscon pre -construction services including shop drawing preparation • Sdwiabel pre -construction services including shop drawing preparation Total pre -construction contract with Haselden Construction PROJECT COSTS AND BUDGETS $ 27,000 $150,250 $ 80,250 $257,500 The May 2 preliminary total project budget for the four -level structure including all contingencies $14,657,900 was: The August 1 schematic design total project parking structure budget including al contingencies is: Additional Structtfal Capacity in August 2017: Final structural capacity budget adjustment on October 17, 2016: Red Sandstone Parking Structure Budget: $ 14,286,912 $ 732,000 $ 50,000 $ 15, 068.912 Town Council Meeting Minutes of December 19, 2017 Page 7 COST CONTRIBUTION FOR DESIGN AND CONSTRUCTION The cost-sharing for the project is as follows: Eagle County School District $ 1,500,000 Vail Resorts Parking Commitment $ 4,300,000 Vail Reinvestment Authority (VRA) $ L268.912 Preliminary Overall Budget $15,068,912 PROJECT SCHEDULE AND TEXT STEPS The preliminary development schedule, milestones and next steps are outlined below: • Construction Documents (CD's) • Pre -Construction Contract Award • Final CDOT approval • 50 % CD pricing Set • 50 % CD pricing • Submit for excavation and foundation permit • 100 % CD complete • Submit for complete budding permit package • 100 % CD pricing Complete • Foundation permit issued • Award construction • Begin construction • Complete bunking permit issued • Construction November -March December 19 December January 12 January -February Mid February March 8 March 8 End of March April 1 April 3 April 4 May1 April-Novernber 2018 There was some discussion about how the parking structure could be repurposed in the future if parking demand would decrease; staff was asked to return with more information about other uses and related costs. Public input was invited at this time and VRD Board member Tom Saalfeld noted their interest in uses for the other floors, i.e. pickleball courts! Public comment was closed. Bruno moved to authorize the Town Manager to enter into a pre -construction contract with Haselden Construction in a form approved by the Town Attorney in the amount of $257,500 and amend the 2017 supplemental budget for the design and construction of the south 170 improvements by $287,500 to be funded by Vail Reinvestment Authority. Langmaid seconded the motion and it passed (6-1; Moffet opposed). 7. Public Hearings 7.1. Ordinance No. 9, Series of 2017, Second Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lockoffs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 9, Series of 2017, upon second reading. Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is requesting a second reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5. Town Council Meeting Minutes of December 19, 2017 Page 8 Staff Recommendation: On December 5, 2017 the Vail Town Council approved the establishment of Special Development District No. 42 on first reading by a vote of 6-1-0 (Foley opposed). Although approved on first reading, members of the council cited three primary concerns and requested that the applicant address these items prior to second reading. Please see the staff memorandum and a discussion on these items and the applicant's response. Chapin opened the public hearing for this agenda item and noted that on December 5, 2017 the Vail Town Council approved the establishment of Special Development District No. 42 on first reading by a vote of 6-1-0 (Foley opposed). Although approved on first reading, members of the council cited three primary concerns and requested that the applicant address these items prior to second reading. The three concerns were: 1. Additional Employee Housing Units/Public Benefit to increase the square footage devoted to EHUs to closer to 50% of the square footage of market rate units form the proposed 43% 2. Opportunities for Outdoor Living Space/Balconies for south facing EHUs 3. Offset for Energy Usage for Heated Sidewalk Mauriello presented a slideshow which depicted their responses to the town council requests at the last meeting, (applicant's response, as mentioned in a narrative and revised plan sheets included as Attachment A to this memorandum), is as follows: • The economics of the project do not support the conversion of market rate units to EHUs. Alternatively, the applicant proposes a financial contribution of $130,000.00. Based on the Town of Vail's recent deed restriction acquisitions, the applicant equates this to two (2) 600 square foot units, on average. This would result in an increase in the ratio of from 43% to 46%. • The south facing EHUs have been modified to include Juliet Style balconies. In addition, all residents have access to the second floor lobby area that includes are large outdoor deck. • The proposed heated sidewalk would require a 20 kW solar system in order for a 100% offset. Per the solar consultant and project architect, the maximum system that can be supported on the Phase II structure is 10 kW, resulting in a 50% offset. In addition, the applicant is dedicated to an environmentally friendly project through its Green Globe commitment in addition to the solar offset. Mauriello also addressed the "criteria for review", with slideshow presentation addressing a number of topics, Compatibility — can projects coexist?, Density, Uses, Comprehensive Plan (Vail Village Master Plan), Geologic hazards, Traffic impacts. Chapin invited public input at this time noting the time limit and requesting that comments only directed to town council, and to make sure it is new testimony and not repeat of testimony. • Stephen Connolly, resident, expressed support of the developer's proposal to offer financial contribution to support EHUs, and requested the contribution is based on need; there may be a need for a greater funding contribution. • Chip Schoneberger, Foster, Graham, Milstein & Calisher, LLP, representing the Tyrolean, speaking in place of David Foster who spoke prior about the more traditional land use issues, raised concerns with the notification and due process for the application. He detailed a number of defective process issues with his input. • Chris Romer, WP, representing over 850 members, with more than 250 businesses from Vail, noted that his board supports this project. • Jay Levine, Mountain View owner, and president of homeowners association, representing the 22 owners of the property, expressed their thanks to staff and council who helped Town Council Meeting Minutes of December 19, 2017 Page 9 educate their association. He expressed their support of the project and the suggestion of adding the Juliet balconies. • Laura, former owner of Mountain View unit, expressed that the balconies should remain consistent with Phase I, the Juliet style balconies; she opposed the full balconies. • Jeff Andrews , East West Destination Hospitality, who manages the Wren condo assn and serves on the board of WP, expressed support for the project noting that the town is a leader in many things and encouraged them to also remain committed to responsible development at every level. • George Gillett, resident, expressed support of the project and the developer involved on the project; he also spoke very highly about the character and credibility of the developer. He saw this development as a response to the housing challenges, and certainly a viable option for hospital employees. • Steve Lindstrom, VLHA, expressed support of the project ; noted the project meets the compatible criteria in that the valley floor must serve as location for project to help w/ infill and housing. Public input was closed at this time. There were no further comments by the applicant. Spence noted the project still requires a review by DRB and the balconies would be reviewed by that group, so they may not want to have a final decision about these at this time. He also noted the snow melt expenditure estimate $125K. Town Attorney Mire noted that Council member Coggin contacted him earlier in the week about his employment with Arragoni Woods who was possibly bidding on the project. Coggin noted he does not financially benefit if his employer were successfully in getting the job; he stated he would not be impartial in the review of the application. Moffet moved on second reading to approve Ordinance No. 9, Series of 2017, to establish Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12- 9(A), Special Development Districts, Vail Town Code. Langmaid seconded the motion. Further comments were made by town council addressing the following: 1 compatibility and whether there is enough public benefit to offset the deviations; the GRFA is a very large jump in density ✓ it is not compatible ; too much bulk, height, density ✓ there is a need for more master planning 1 appreciated the balconies for the south facing units ✓ does not see the project meeting the criteria, 70 feet too high ✓ the EHU goal should be 50% Foley asked for a point of order to call the question. The motion failed (4-3; Bruno, Coggin, Foley, Mason — opposed; Chapin, Langmaid, Moffet — supported). At this time Mauriello confirmed the applicant would agree to providing EHU funding in the amount of $260K. Moffet moved to approve Ordinance No. 9, Series of 2017, Second Reading, An ordinance establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units (lockoffs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto with the following additional conditions of approval: Town Council Meeting Minutes of December 19, 2017 Page 10 1. The applicant shall provide the Town of Vail with a cash contribution of $265,000.00 to the Town of Vail Housing Fund prior to issuance of any building permit for the project. 2. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, all Juliet Style balconies as shown on plan sheet labeled "south elevation" from 359 Design dated December 2017 and included as Attachment A to the Town Council Memorandum dated December 19, 2017. 3. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, a 10 kW roof mounted solar system designed to offset 50% or more of the energy consumed by the snow melted sidewalk from the eastern property line to Vail Road. Moffet noted the following findings and conditions as part of his motion: FINDINGS: • The SDD complies with the standards listed in Section VIII of this memorandum, or the applicant has demonstrated that one or more of the standards is not applicable; • The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; • The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and • The SDD 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. CONDITIONS: 1. Approval of an associated Design Review Board ("DRB") application. 2. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the number and size of the new landscape plantings to meet the recommendations of the Vail Village Master Plan concerning planted buffers. 3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way to the Town's recreational path. 4. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first building permit for the project. The sidewalk shall be designed in general accordance plan sheet C1.01 dated September 14, 2017, and shall be submitted to the Town and approved by the Town prior to construction. The Applicant shall grant a pedestrian/roadway easement on the Property to the Town as shown on plan sheet C1.01 dated September 14, 2017. In such sidewalk, the Applicant shall install a snowmelt system, including the heat source and all necessary components, in compliance with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation of the sidewalk and snowmelt system on or adjacent to the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt maintenance agreement. The Town will be responsible for the maintenance and operation of the sidewalk and snowmelt system that is west of the Property, and prior to issuance of the first certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt operations reimbursement agreement for that portion of the sidewalk and snowmelt system. 5. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic Mitigation Fees for the net new increase in development traffic, which has been calculated at 14 PM Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $156,800. 6. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction staging plan and parking plan to demonstrate that the construction will not impact public parking or adjacent properties. Town Council Meeting Minutes of December 19, 2017 Page 11 7. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage the Town's Art in Public Places Board on the determination of an acceptable public art installation. The minimum value of the public art installation shall be $50,000. 8. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational amenities tax as required by Section 12-9A-11 of the Vail Town Code. 9. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute and record deed restrictions, in a form approved by the Town Attorney, for the EHUs. 10. Prior to obtaining any building permit application for the project, the Applicant shall obtain approval from the Colorado Department of Transportation ("CDOT") for all proposed work within the CDOT right -of way, and shall submit evidence of such approval to the Town. Langmaid seconded the motion and it passed (4-3; Chapin, Coggin, Langmaid, Moffet — supported; Bruno, Foley, Mason — opposed. 7.2. Ordinance No. 21, Series of 2017, Second Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, Setting Forth Details in Regard Thereto Presenter(s): Matt Panfil, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, deny, or continue the public hearing on Ordinance No. 21, Series of 2017 to December 19, 2017. Background: This is a request for a major amendment to Special Development District No. 36, Four Seasons Resort to allow for the reconfiguration of existing accommodation units (AUs), fractional fee units (FFUs), and dwelling units (DUs). The reconfiguration will result in an increase of eight (8) AUs (12) DUs, eighteen (18) attached accommodation units (AAUs/lockoffs), and a reduction of thirteen (13) unsold FFUs. Staff Recommendation: On September 11, 2017 the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request for a major amendment to Special Development District No. 36, in accordance with the requirements of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a recommendation of approval to the Vail Town Council. Jen Mason recused herself due to a conflict of interest with this agenda item. Matt Panfil and Tom Braun, Braun and Associates, presented the application. There was some about the parking changes in terms of the reduction of the spaces at the property. Chapin opened public comment. No comments were heard. Moffet moved to approve on second reading Ordinance No. 21, Series of 2017, an ordinance repealing and reenacting Ordinance No. 20, Series of 2005, establishing Special Development District No. 36, Four Seasons Resort, pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code and setting forth details in regard thereto with the following conditions: 1. "The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons, are contingent upon the applicant obtaining Town of Vail approval of an associated design review board application for all exterior changes to the property; 2. The applicant shall provide a minimum of 2,000 square feet of deed -restricted employee housing within the Town of Vail, to be recorded with the Eagle County Clerk and Recorder. Said deed - restricted employee housing shall be provided in the following manner: a. Prior to the issuance of any certificate of occupancy resulting in any decrease in the amount of accommodation units (AUs) or increase in the amount of dwelling units (DUs), the Town Council Meeting Minutes of December 19, 2017 Page 12 applicant shall provide a deedrestricted employee housing unit with a minimum of two bedrooms and approximately 788 square feet; and b. Prior to March 31, 2019, the applicant shall provide a deed -restricted employee housing unit, with a minimum of approximately 1,212 square feet. 3. Prior to issuance of any building permit resulting in any decrease in the amount of accommodation units (AUs) or increase in the amount of dwelling units (DUs), the applicant shall pay to the Town of Vail a $81,312 traffic mitigation fee, based on the Department of Public Works' estimate of 7.2 net new PM peak hour vehicular trips. Coggin seconded the motion and it passed (6-1; Foley — opposed). 7.3. Ordinance No. 19, Series of 2017, Second Reading, Ordinance repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015 International Fire Code, concerning open burning Presenter(s): Mike Vaughan, Fire Marshal Action Requested of Council: Approve or approve with amendments Ordinance No. 19, Series of 2017. Background: Please see the attached memo regarding this Ordinance Staff Recommendation: Approve or approve with amendments Ordinance No. 19, Series of 2017. Moffet moved to approve Ordinance No. 19, Series of 2017, Second Reading, Ordinance repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015 International Fire Code, concerning open burning. Langmaid seconded the motion. Chapin opened the public hearing and no comments were made. The motion passed (7-0). 7.4. Ordinance No. 20, Series 2017, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series 2017 Smith noted changes from first reading as follows (excerpts from council packet memo): General Fund Staff is requesting $11,000 for paper parking card stock displaying the GMC logo. Half of this cost will be reimbursed, so the net cost to the town is $5,500. Capital Projects Fund Staff is requesting $260,305 for the interagency cost share of the county wide radio purchase coordinated by the town. This will be offset by reimbursements from the Eagle County Sheriff's Office, Town of Avon, and Eagle County Heath Services District. The total cost of the radio purchase is $860,304. Included in the 2018 budget is $600,000 for the town's portion. Staff is also requesting the following adjustments to budgeted expenditures: ❑ $95,000 use of savings from capital maintenance projects for pedestrian safety enhancements including pedestrian crossing signs at the roundabouts, Vail Valley Drive, and the municipal building. Costs of these projects were more than expected when originally budgeted during 2016. This transfer of budget dollars will have no net impact to the Capital Projects Fund. Town Council Meeting Minutes of December 19, 2017 Page 13 ❑ $75,000 for software relating to short term rental regulations. This is an annual cost to the town for continual updated information of advertised unlicensed rentals for compliance monitoring purposes, complaint customer portals and online licensing processes. Staff is also requesting $15,000 for one-time hardware, custom reports and set up costs associated with the short term rental software. Staff foresees that these costs will be more than offset by future revenues from short term rental licenses. ❑ $287,500 for construction and design of a heated walkway between the pedestrian underpass and 1st chair in Lionshead to be reimbursed by the Vail Reinvestment Authority. ❑ $160,000 for the implementation of a new sales tax and licensing software. This amount represents a $75,000 annual fee and $85,000 one-time costs for set up, customizations, data migration, training and implementation. This new software will enhance online sales tax payment features as well as provide more robust reporting capabilities for staff and greatly improve department process efficiencies. The most significant improvement will be the automation of the annual business license renewal process. This is currently a manual process entailing data entry and processing of checks for renewals of every business in town each year. In addition, the software has functionality that will allow better tracking of special event vendors licensing and tax collections. Currently special event vendors are tracked on an excel spreadsheet. The software will also improve tracking and management of delinquent accounts, which is currently a manual process tracked with an excel spreadsheet. Housing Fund $167,500 is requested to purchase the Altair Vail property as approved by Council on December 5th. Real Estate Transfer Tax Fund Budgeted revenue will be adjusted by an increase of $7,518 for a RESPEC grant which is directly offset by corresponding expenditures for the stormwater mitigation project at Public Works. Staff is also requesting to roll forward 2016 savings of $14,000 from the annual funding to the Eagle River Watershed (ERWS). At the beginning of 2017 a 2016 invoice was paid from the 2017 ERWS budget, shorting ERWS of their full 2017 council contribution. Moffet moved to approve Ordinance No. 20, Series 2017, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund. Mason 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 (7-0) and the meeting adjourned at 10:05 p.m. Attest: Respectfullyu ave Chapi itted, Town Council Meeting Minutes of December 19, 2017 %'''(� f pT�V Page 14