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HomeMy WebLinkAbout2018 Vail Town Council MinutesVail Town Council Meeting Minutes Tuesday, January 2, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation There was no citizen participation at this time. 2. DRB / PEC 2.1. DRB / PEC Update Presenter(s): Chris Neubecker, Planning Manager No were no questions about the report on the meetings. 3. Information Updates 3.1. November Sales Tax Memorandum 5 min. 3.2. October 2017 Vail Business Review Memorandum 3.3. 3rd Quarter Investment Report 3.4. December Revenue Update There were no additional comments about the update. 4. Consent Agenda 4.1. Resolution No. 1, Series of 2018, Resolution Designating a Public Place within the Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Council, Planning and Environmental Commission, Design Review Board, and other boards, commissions, and authorities of the Town of Vail Moffet moved to approve Resolution No. 1, Series of 2018; Bruno seconded the motion and it passed. Foley asked if the meeting agendas could be posted at additional locations, possibly the Vail Library. The motion passed (7-0). Town Council Meeting Minutes of January 2, 2018 Page 1 4.2. Resolution No. 2, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Housing and Development Authority Regarding Certain Housing Services to be Provided to the Town of Vail, and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 2, Series of 2018; Bruno seconded the motion. It was noted that the expense would not exceed $9,100 and the 2% expense associated with administrative services provided for the deed restricted units would be a pass-through account and not an out-of-pocket expense. 4.3. Minutes from November 21, 2017 meeting Bruno moved to approve the November 21, 2017 minutes; Foley seconded the motion and it passed (6-1; Moffet abstained). 4.4. Minutes from December 5, 2017 meeting Moffet moved to approve the December 5, 2017 minutes; Foley seconded the motion and it passed (7-0). 5. Town Manager Report 5.1. Town Manager Report There were no comments or questions about the report. 6. Presentations / Discussion 6.1. Vail Local Housing Authority Semi-annual Vail Housing 2027 Report Update Presenter(s): Steve Lindstrom, VLHA Chairman Action Requested of Council: Informational Update Only Background: In accordance with the Vail Housing 2027 Strategic Plan, adopted September 6, 2016, the Vail Local Housing Authority (VLHA) presents the following summary of progress to date. James Wilkins and Molly Morales were present with Chairman Steve Lindstrom of the Vail Local Housing Authority. The presentation was made and it was noted they would update the town council two times per year. Updates excerpts from the council packet memo are below: New Deed -Restricted Units ✓ Chamonix Vail -- 32 for -sale townhomes under construction ✓ Marriott Residence Inn — 96 apartments approved (in pre -development) ✓ Solar Vail — 65 apartments approved (in pre -development) ✓ Mountain View — 15 apartments approved (in pre -development) ✓ 3-5 individual existing homes/condominiums in deed restriction purchase process Other opportunities ✓ Vail Resorts East Vail site re -zoned to Housing ✓ Several Town -owned and privately -owned parcels in ✓ West Vail commercial area Master Plan to begin ✓ Out-of-town sites under investigation/discussion ✓ Several individual unit owners in discussion for deed preliminary review restriction purchases Their summary included comments about the following: 1) the method and the means of the implementation of the strategic plan with descriptions of the use of the VLHA as its acting Town Council Meeting Minutes of January 2, 2018 Page 2 agenda, 2) the deed restriction focus, 3) the funding commitment, and 3) the development of a housing department within the organization. Lindstrom requested further discussion about policies that address housing and would like all stakeholder groups associated with making housing decision to attend. He asked that all town boards and commissions be aligned with the housing strategic plan. He thanked George Ruther for his leadership with the recent development and furthering of the goals of the housing program. The Town Manager noted the housing director job description would be posted within the next few days. Town Council comments on some of the following topics: ✓ Interested in knowing the road blocks for obtaining the deed restrictions ✓ Requested exploration of a marketing effort for the attainable and workforce housing market ✓ Balance housing projects with the "right" locations that prioritize other Vail initiatives, i.e. the environment Stephen Connelly, resident, expressed some additional thoughts about the housing strategies, i.e. STR and deed restriction programs. 7. Action Items 7.1. Resolution No. 3, Series of 2018, A Resolution Setting an Annual Fee for the Licensing of Short -Term Rentals; and Setting Forth Details in Regard Thereto Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, approve with amendment and deny Resolution No. 3, Series of 2018 Finance Director Halloran presented the resolution suggesting the annual application fee for a Short -Term Rental license and any renewal application for a Short -Term Rental license as $150.00 for each Short -Term Rental Property. She noted there was an equity check with other TOV licensing fees and it was consistent in the range. There was some discussion about the penalty and fees imposed if there was not compliance. Moffet moved to approve Resolution No. 3, Series of 2018, A Resolution Setting an Annual Fee for the Licensing of Short -Term Rentals; and Setting Forth Details in Regard Thereto; Bruno seconded the motion. Public input was invited and Stephen Connelly, resident, expressed the need for education which would hopefully result in great participation combined with the reasonable rate for licensing. He noted that has the program rolls out there could always be change made later. The motion passed (7-0). 8. Public Hearings 8.1. Ordinance No.17, Series of 2017, Second Reading, Ordinance Amending Sections 5-11-7 and 12-11-3 of the Vail Town Code 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 No. 17, Series of 2017 on 2nd 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 Town Council Meeting Minutes of January 2, 2018 Page 3 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 Vail Town Council approved Ordinance No. 17, Series of 2017 on December 19, 2017 by a vote of 5-2-0 (Langmaid and Mason opposed). Chapin opened the public hearing. Spence presented the ordinance noting the legislation was presented as a means of streamlining the process for permitting. Mason and Langmaid expressed concerns about impacts of tree removal during certain bird nesting times of the year. It was suggested that there would be public outreach and education to inform those against those timeframes. Other suggestions included: ✓ include the preferred dates on the application form ✓ include the info on other Town of Vail marketing products ✓ use a holistic approach in drafting legislation ✓ increase penalties if the ordinance is violated ✓ request for an annual report about the permitting Chapin noted the public input they received from Diana Donovan, resident. Stephen Connelly, resident, noted the FFD has assisted in this regard and suggested using BFAG and Walking Mountain Science Center for education and outreach about the birds. Moffet moved to Ordinance No.17, Series of 2017, Second Reading, Ordinance Amending Sections 5-11-7 and 12-11-3 of the Vail Town Code related to vegetation removal for wildfire mitigation purposes. Bruno seconded the motion and it passed (7-0). 8.2. Ordinance No. 22, Series of 2017, Second 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 second 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. Chapin introduced the ordinance with some brief discussion. Moffet moved to approve Ordinance No. 22, Series of 2017, Second 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. Chapin opened the public hearing; no comments were made. The motion passed (7-0). 8.3. Ordinance No. 23, Series of 2017, Second Reading, An Ordinance 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. Town Council Meeting Minutes of January 2, 2018 Page 4 Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 23, Series of 2017 upon second 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 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. Chapin opened the public hearing. Town Attorney Mire noted the law was a result of the ACLU actions which impacted holding defendants in jail for unpaid fines. The legislation permits the Town to use private collections agencies moving forward. Moffet moved to approve Ordinance No. 23, Series of 2017, Second Reading, An Ordinance 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. Chapin opened the public hearing; no comments were made. The motion passed (7-0). 9. Matters from Mayor, Council and Committee Reports Several topics were reviewed as follows: • Parking Task Force meeting to January 11 • The lantern walk was a huge success; thanks to Molly Eppard, Al PP Coordinator, and Doe Browning, whose efforts supporting the event were amazing. • Congrats to Battle Mountain High School Track Team for placing at Nationals. • Kudos to Vail Skating Club for their great performances for the community. • The express bus schedule is confusing. • Skiing with the Eagle County Elected Officials take place on Friday. • Explore a property tax rebate for locals who live in Vail. • The VVMC and Evergreen Lodge closed on their land swap. 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 7:25 p.m. Attest: Res • - ! ully Sub it tt c enny, T... Jerk hapin, M . or Town Council Meeting Minutes of January 2, 2018 Page 5 Vail Town Council Meeting Minutes Tuesday, January 16, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Members Absent: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kim Langmaid Jen Mason Greg Moffet Kevin Foley Greg Clifton, Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation There was no citizen participation at this time. 2. Consent Agenda 2.1. Resolution No. 6, Series of 2018, A Resolution Appointing a Board of Directors to the Chamonix Vail Owners Association; and Setting Forth Details in Regard Thereto. 2.2. Resolution No. 7, Series of 2018, A Resolution Approving a Lease Agreement Between the Town of Vail and the Colorado Snowsports Museum and Hall of Fame; and Setting Forth Details in Regard Thereto. Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (6-0). 3. Town Manager Report 3.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager Clifton noted the upcoming joint meetings with the Eagle County Commissioners on February 20th and with the Vail Recreation District on March 20t . 4. Action Items 4.1. Agreement and Memo of Understanding between Town of Vail, Colorado and Yamanouchi-machi Japan Presenter(s): Patty McKenny, Town Clerk and Souichi Nakamura, lnterpacfic Network Corporation Town Council Meeting Minutes of January 16, 2018 Page 1 Action Requested of Council: Consideration of the agreements and formal action. Background: Mayor Yoshitaka Takefushi and Governor Shuichi Abe have invited Town of Vail officials to Yamanouchi-machi and Nagano Prefecture Japan, for an exploration visit this month (January 20-26, 2018). This visit is a follow up to the Japan delegation's visit last August. Vail and Japan officials continue to evaluate an exchange program between the two mountain resort communities. The proposed agreements help to outline exchange programming possibilities related to tourism, environmental sustainability, and other topics of mutual interest. McKenny provided a brief review of the amendments to the proposed agreements between Yamanouchi-machi, Nagano Prefecture Japan and the Town of Vail. McKenny explained the first document change was in the name which referenced the relationship. There was a translation concern with "sisterhood" and the Japanese officials recommended the name be changed to Global Friendship Exchange as it provided clarity to the relationship and programing. The second change included consideration of two documents instead of one. McKenny noted the breakout of the information would provide for an easier format to understand the agreement by separating the focus and objectives of the relationship from the details of the programming. There were no legal changes. Nakamura noted on the trip the delegations for Yamanouchi-machi and Nagano Prefecture Japan would be sharing ideas on tourism and environmental sustainability. Japan will be hosting the 2020 Olympics and the council members attending the trip would be visiting the Japanese Sports Agency which oversees all international sports teams for both professional level and K-12. Council thanked McKenny and Nakamura for all the efforts in ensuring a successful trip. Bruno made a motion to approve the Global Friendship Exchange Agreement Between the Yamanouchi-Machi, Nagano Prefecture, Japan and the Town of Vail, State of Colorado, United Stated of America and the Global Friendship Exchange Memo of Understanding ("MOU") Between the Yamanouchi-Machi, Nagano Prefecture, Japan and the Town of Vail, State of Colorado, United States of America; Mason seconded the motion and it passed (6-0). 4.2. Ordinance 1, Series 2018 amending Section 7-4-4 of the Vail Town Code to prohibit operation of Electronic Personal Assistive Mobility Devices on Bike and Pedestrian Paths and in Vail Village and Lionshead Village Presenter(s): Gregg Barrie, Town of Vail Senior Landscape Architect Action Requested of Council: Continue the discussion on the use of EPAMDs in Vail and provide direction to staff Background: See Staff Memorandum Staff Recommendation: Vail provides visitors and guests with a variety of recreational opportunities. It is important that those opportunities occur in an environment that is safe for all. Staff would suggest that there may be ways to address the Council's concerns in regards to the use of EPAMDs on Vail's recreation trails and in pedestrian areas without a complete ban. The staff recommendation is to set guidelines for EPAMD use that aim to address Council concerns. Staff then recommends revisiting this issue in mid -summer to ensure those guidelines are successful and are being followed. Similar to the electric assisted bicycle discussion, this can be Town Council Meeting Minutes of January 16, 2018 Page 2 revisited annually if needed. If, however, the Council determines that more restrictive regulations are in order at this time, staff has prepared a draft ordinance for approval or approval with modifications as directed. The draft is included as Attachment A. Barrie introduced the subject and noted that Jim Callan, owner of Vail Segway, was present to provide an overview of the operations of his business. In 2011 the Town Council passed Ordinance No. 13 which prohibited the use of EPAMDs in some areas of town such as the Vail Nature Center, the Betty Ford Alpine Garden, on the village streamwalk, in children's playgrounds, turf areas, natural/unimproved areas and on streets and highways that are part of the state highway system. Callan reviewed the steps he took to ensure his business, Vail Segway, would be successful such as reviewing the current restrictions in the Vail Town Code, having certified EPAMD operators, and offering safe equipment to be used by the customers. Callan went onto say Vail Segways was the only authorized guided Segway tour provider in Colorado. Seth Valentine, Vail Segway employee, noted safety was the first priority when EPAMDs are being used and the equipment is only used for group tours not for individual use. Barrie reported there had been no incident/accident reports filed with the Vail Police department. Council thanked Callan and his employees for coming to the meeting and presenting their business model, but there were safety concerns during busy times in the villages and guests being solicited to book a tour. Mayor Chapin asked for public comment at this time. Blondie Vucich, East Vail property owner, requested council to add Gore Valley Drive and the Gore Valley Trail through Katsos Ranch to be added to the list of prohibited areas for EPAMDs to operate. A guest from Texas stated she has asthma and Vail Segway was a great opportunity for her to experience the town without having medical concerns. Langmaid suggested placing a moratorium limiting any additional EPAMDs operating in town until a trial period could be conducted. Town Attorney, Matt Mire, affirmed legislation could be created limiting the number of operators in town. Moffet recommended maintaining the status quo regarding EPAMDs use and to review in 12 months unless there is a reason to address sooner. Council agreed to take no action at this time. 4.3. Resolution No. 5, Series of 2018, A Resolution of the Vail Town Council Approving an Amendment to the Development Agreement for Solar Vail Presenter(s): George Ruther, Director of Community Development Action Requested of Council: Approve, Approve with Modifications or Deny Resolution No. 5, Series of 2018 Background: On October 25, 2017 the Vail Town Council approved Resolution No. 35, Series of 2017, and a resolution approving a development agreement between the Town of Vail, the Vail Local Housing Authority and Sonnenalp Properties, Inc (the Parties"). Due to proposed changes to the method of construction of the new apartment building, the Parties mutually agree to Town Council Meeting Minutes of January 16, 2018 Page 3 amend the development agreement. The amendments adjust the completion dates of various obligations of the Parties but do not change the overall scope of improvements or responsibilities of the Parties. Staff Recommendation: The Community Development Department recommends the Vail Town Council approves Resolution No. 5, Series of 2018, as read. Matt Mire reviewed a change in the development agreement providing a firm date for the escrow. Moffet made a motion to approve Resolution No. 5, Series of 2018, a resolution of the Vail Town Council approving amendment to the development agreement for Solar Vail. Mason seconded the motion passed and it passed (6-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned at 7:23 p.m. Attest: Town Council Meeting Minutes of January 16, 2018 Page 4 Vail Town Council Meeting Minutes Tuesday, February 6, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Absent: Greg Moffet Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Chris Fitzgerald, resident, expressed appreciation for the change in the the bus route, express bus to West Vail and for the recent workshop about wildlife impacts and violations occurring on the closed trails. He asked that there be better enforcement, installation of a gate, that would better indicate trails are closed. Tom Vucich, East Vail resident, encouraged the council to learn more about the recent wildlife forum and the information presented. The meeting was a citizen -driven outcome of the Open Lands Update process and he noted the findings should be incorporated in plan. He expressed his opposition to the trails and requested more round table opportunities be held for this discussion. 2. Proclamations 2.1. Proclamation No. 1, Series of 2018, Recognizing Vail Valley Athletes Participating in 2018 Olympics to be held in PyeongChang, South Korea Council members and the Mayor read the proclamation and extended their wishes of luck to the Olympic contingent. 3. Consent Agenda 3.1. Minutes from December 19, 2017 Council Meeting Bruno moved to approve the December 19 minutes; Foley seconded the motion and it passed (6-0). Town Council Meeting Minutes of February 6, 2018 Page 1 3.2. Minutes from January 2, 2018 Council Meeting Bruno moved to approve the January 2 minutes; Langmaid seconded the motion and it passed (6-0). 3.3. Minutes from January 16, 2018 Council Meeting Bruno moved to approve the January 16 minutes; Mason seconded the motion and it passed (5- 0-1; Foley abstained). 3.4. Resolution No. 8, Series of 2018, A Resolution of the Vail Town Council Authorizing the Purchase and Accepting a Deed for Lot 1, Bighorn Subdivsion Second Addition Bruno moved to approve Resolution No. 8; Langmaid seconded the motion and it passed (6-0). Foley noted the location of the property as the corner of Bighorn Road and Bridge Road in East Vail as well as the amount of $150,000 to purchase the property, in an effort to compete a joint project with Eagle River Water & Sanitation District. 3.5. Vail Roundabout Concrete & Stone Repair Contract Award Bruno moved o direct the Town Manager to enter into a contract with Kraemer North America, LLC in the amount of $254,526.00 to complete the West Vail Roundabout Concrete & Stone Repair Project; Langmaid seconded the motion and it passed (6-0). There was a brief discussion about why CDOT would not be paying or completing the work; Kassmel noted that the ownership is with the town of Vail. 4. Town Manager Report 4.1. Town Manager's Report Highlights from the report included: ✓ Upcoming joint meeting with Eagle County Board of Commissioners ✓ Short term rentals public meetings to be held 2/13 & 2/14 ✓ Timber Ridge operating committee met to review ✓ Update on RFP process for an upcoming town compensation study 5. Action Items 5.1. Ordinance No. 2, Series of 2018, First Reading, An Ordinance Amending Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a New Section 1- 9-10, Concerning the Sealing and Expungment of Criminal Records Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 2, Series of 2018, upon first reading. Background: Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records. Pursuant to C.R.S.§ 18-13- 122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person. Ordinance No. 2, Series 2018 provides a procedure to seal or expunge certain criminal records in accordance with such legislation. Town Council Meeting Minutes of February 6, 2018 Page 2 Staff Recommendation: Approve Ordinance No. 2, Series of 2018, upon first reading. Town Attorney Matt Mire presented a summary about the legislation which was requested by the Court. Judge Buck Allen noted some background about the need for sealing records for underage people as a a preferred process by the Court. A public comment was made by Michael Cacioppo about whether or not the juvenile would have to request that records be expunged; it was noted the expungnment of the records is automatic. Foley moved to approve Ordinance No. 2, Series of 2018, First Reading, An Ordinance Amending Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a New Section 1-9-10, Concerning the Sealing and Expungment of Criminal Records. Mason seconded the motion and it passed (6-0). 5.2. Ordinance No. 3, Series of 2018, First Reading, An Ordinance Amending Title 7, Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding Driving Under Restraint Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 3, Series of 2018 upon first reading. Background: The Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation. Ordinance No. 3, Series 2018 would adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. Staff Recommendation: Approve Ordinance No. 3, Series of 2018 upon first reading. It was noted that this legislation was approved at the State legislature, and the town's ordinance would bring the court in compliance with the State Statutes. Judge Allen noted the process is helpful in helping the courts manage the outstanding judgment's and warrants. Foley moved to approve Ordinance No. 3, Series of 2018, First Reading, An Ordinance Amending Title 7, Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding Driving Under Restraint. Mason seconded the motion and it passed (6-0). There was no public comment at this time. 5.3. Ordinance No. 4, Series of 2018, First Reading, An Ordinance Amending Title 10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning the Cultivation of Marijuana on Residential Property Presenter(s): Dwight Henninger, Chief of Police and Matt Mire, town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 4, Series of 2018 upon first reading. Background: Under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature. As a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants. Ordinance No. 4, Series 2018 adopts local regulations to restrict the number of Town Council Meeting Minutes of February 6, 2018 Page 3 marijuana plants that may be cultivated on residential property to 6, and further adopts regulations to limit the impacts of such cultivation on surrounding areas. Staff Recommendation: Approve Ordinance No. 4, Series of 2018 upon first reading. It was noted that this legislation was approved at the State legislature, and the town's ordinance would bring the court in compliance with the State Statutes. Foley moved to approve Ordinance No. 4, Series of 2018, First Reading, An Ordinance Amending Title 10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning the Cultivation of Marijuana on Residential Property. Bruno seconded the motion and it passed (6-0). 5.4. Permission to Proceed - T -Mobile Antennas at Middle Creek Village Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to use Town of Vail property for the purpose of installing T -Mobile West communications antennas and appurtenant equipment. Background: Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located at 501 N. Frontage Road West with a new employee housing building containing 65 units. Demolition of the existing Solar Vail building containing T -Mobile West equipment will likely happen in spring 2018. Prior to demolition, T -Mobile West needs to replace its equipment in a new location within the vicinity of Solar Vail, and has determined that the Middle Creek Village property meets their requirements for location and height in order to maintain coverage to the east and west on 1-70, as well as portions of the Town and lower potions of the ski lifts. 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 development to proceed through the development review process for the proposed improvements. Planning Manager Chris Neubecker presented a summary of the request noting that as the property owner, the town would have to agree to proceed through a development process with an application related to relocating some vertical panels associated with the wireless mobile equipment. It was noted the application would continue through the DRB process. No public comments were made on this topic. Bruno moved to approve the request for permission to proceed through the development process related to the T -Mobile Antennas at Middle Creek Village; Foley seconded the motion and it passed (6-0). 5.5. Permission to Proceed through the Development Process - Solar Vail - 501 N. Frontage Road West Presenter(s): Chris Neubecker, Planning Manager 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 emergency vehicle and trash truck access for the redevelopment of Solar Vail and for installation of landscaping. Town Council Meeting Minutes of February 6, 2018 Page 4 Background: Sonnenalp Properties Inc. is proposing to redevelop the Solar Vail property located at 501 N. Frontage Road West with a new employee housing building containing 65 units. As the design of the building continues to evolve, the applicant has determined that a driveway connection from the west, through the Red Sandstone Elementary School site, would improve circulation for emergency vehicles and trash trucks. This design mitigates the need for a Targe fire truck turn -around, which was not otherwise practical. Staff Recommendation: The Community Development Department recommends that the Vail Town Council instruct Town Staff to sign the development application on behalf of the property owner and permit the development to proceed through the development review process for the proposed driveway and landscaping improvements. Planning Manager Chris Neubecker presented a summary of the request noting that as the property owner, the town would have to agree to proceed through a development process with an application associated with allowing emergency vehicle and trash truck access for the redevelopment of Solar Vail. He noted that at this time, the motion is not for an "approval" and council could serve as a quasi-judicial judge on the topic if a decision is "called -up". It was also noted the matter would require an amendment to the school lease as well between town and the school district and Solar Vail ownership. There was no public comment on the topic. Foley moved to approve the request for permission to proceed through the development process related to Solar Vail - 501 N. Frontage Road West and the proposed driveway and landscaping improvements. Bruno seconded the motion and it passed (6-0). Foley expressed appreciation on behalf of the Bart & Yeti's community for the town's condolences for their good friend and employee Maldwyn Zang who recently passed away. He thanked everyone in the Vail community especially the Vail Police Department and all the emergency services responders for their support. 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 7:00 p.m. Attest: ully 'j bmitted, ave Chapin, ayor Town Council Meeting Minutes of February 6, 2018 Page 5 Vail Town Council Meeting Minutes Tuesday, February 20, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Dick Cleveland, resident and representative on the CDOT project team who is evaluating auxiliary lanes on the west side of Vail Pass, invited the community to attend an upcoming open house sponsored by CDOT. It serves as an opportunity to give input on the future planning proposal for 1-70. Foley responded with an inquiry about the noise wall topic, hoping it might come up with this planning process as well. Paul Rondeau, resident, presented his ideas about sample signage for the trails and recreational paths which would help address safety on these heavily used paths. He offered a suggestion that the town purchase bicycle bells for the local and guest bicycle riders as a way to help improve safety on the trails. 2. Consent Agenda 2.1. Award of construction contract to Hess Contracting Inc. for access improvements to Roger Staub Park 2.2. Town of Vail Letter of Support for Senator Donovan on SB 18-117 related to the State's Greenhouse Gas Inventory 2.3. Resolution No. 9, Series of 2018, A Resolution Approving the First Amendment to Lease Agreement Between the Town of Vail and the Eagle County School District; Setting Forth Details in Regard Thereto. There was a brief discussion about access points to the Roger Staub park as being limited and the work would help alleviate their issues. Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (7-0). Town Council Meeting Minutes of February 20, 2018 Page 1 3. Town Manager Report 3.1. Town Manager Report Clifton presented several highlights: subcommittee meeting with Vail Recreation District and the annual meeting with Vail Health officials. 4. Presentations / Discussion 4.1. Final Review of 2018 Community Survey Presenter(s): Suzanne Silverthorn, Communications Director, Chris, Cares, RRC Associates Action Requested of Council: The Town Council is asked to provide final direction regarding the 2018 community survey to include questions, schedule and methodology. Background: The Town of Vail community survey has been used to probe public policy issues and solicit feedback on additional topics of community interest. It has also been used to measure the town's operational performance as compared with previous years. The most recent surveys were conducted in 2014 and 2016. A 2018 survey has been budgeted to coincide with the new Town Council term and to benchmark municipal service levels. The purpose of this discussion is to receive final direction from the Town Council related to the survey details, including a schedule, methodology and topics. Chris Cares, RRC, and Suzanne Silverthorn, Communications Director, presented the 2018 community survey, used to probe and solicit feedback about community topics. The agenda item was a follow-up to their presentation and discussion at the last town council meeting. A number of edits to the survey were made related to questions about transit, community issues & opportunities, planning related programs, and financial prioritizing, to name a few. Cares is reviewing changes to each of these questions. There was a suggestion to include a question about "use of regional transit services" offered by ECO; the idea was offered because of an earlier afternoon meeting with the Eagle County Commissioners and an update about the Transit Development Plan survey and recommendations. After further discussion about questions numbered 27, 28, 30, 33, there was support to revise based on the suggestion and finalize the survey. It was noted postcards would be mailed out the week of March 5 and a presentation about the survey results would be reported to the community in June. The Town Council took a brief break to watch Lindsey Vonn's downhill race completion and the meeting reconvened around 7:15 pm. 4.2. Vail Valley Foundation Presentation and Funding Request for Proposed Gerald R. Ford Amphitheater Improvement (Digital Screen) Presenter(s): Mike Imhof, Vail Valley Foundation Action Requested of Council: Feedback on funding proposal. Background: Vail Valley Foundation proposes a digital screen installation at the Gerald R. Ford Amphitheater with a request from the Town of Vail for funding support of the capital improvement. Town Council Meeting Minutes of February 20, 2018 Page 2 Mason recused herself at this time due to a conflict of interest with the topic. Chapin introduced Item 4.2 and turned it over to Mike Imhof, Executive Director for Vail Valley Foundation, who addressed their proposal for capital improvement at the Gerald R. Ford Amphitheater, with a request for funding support. He noted the project involves the installation of a high resolution LED digital screen at the Gerald R. Ford Amphitheater; the project has been on the planning table with VVF for some time. There was a successful test run of the infrastructure at a performance last summer (2017). He noted a tight timeline and the order for the screen was scheduled to occur at the end of this month, with the installation scheduled for May of this year. The Foundation requested town support for the project in the amount of $185K of funding. The total cost was estimated to be about $443K, details below: DIGITAL SCREEN UPDATE PROJECT TIMELINE: ✓ January 2018 - Vendor Selection and Contract Approval Process Begins • February 28, 2018 - LED Ordered From China ✓ May 1, 2018 - Installation Begins CAPITAL EXPENSE: • $443.000 ✓ $00.000 CONTINGENCY TOWN OF VAIL FUNDING REQUEST: ✓ One time capital support of 8185,000 Advantages with the capital improvement included the following: • 0 Substantial venue enhancement and im roved lawn experience • 0 Allows for expanded, dynamic programming • 0 Live streaming our venue and Vail to global audience • ❑ Increased attendance • 0 Recognition of our generous donors and partner, Several comments were made as follows: ✓ how does the lease handle such capital improvements? There was a request to review the lease prior to making a final determination about the funding. ✓ There are cycles to make TOV funding requests, annually (September submittal) or mid- cycle process (May submittal) ✓ The project benefits both the guests and local community It was noted the topic would be scheduled again for March 6. 4.3. USFS and Town of Vail Partnership Programs, including 1) Noxious Weeds Management program, 2) Intermountain Fuel Reduction program, 3) Trails and Wildlife Presenter(s): Aaron Mayville, USFS, Gregg Barrie, Public Works Action Requested of Council: Provide feedback on programs and input on funding the weed management program. Town Council Meeting Minutes of February 20, 2018 Page 3 Background: There will be information and updates presented about the 1) Noxious Weeds Management program, 2) Intermountain Fuel Reduction program, 3) Trails and Wildlife. The USFS Holy Cross District Ranger will be present to review and answer questions about these topics. Mason returned to the council chambers at this time. Greg Barrie, Public Works, summarized the weed management activity over the past two summers, with both the Town of Vail and the U.S. Forest Service (USFS) who entered into a partnership to control the spread of noxious weeds along the town boundary on USFS land. That partnership resulted in the treatment of approximately 350 acres of native hillside, and a significant reduction in the noxious weed infestations along the northern Town of Vail/USFS property boundary. Staff requested the opportunity to continue this program in 2018, see memo for cost details. 2018 USFSrTown ofV38NiCCC Weed Management Protect Areas Gore _ ec . ae i e -rsa P I 1 3 I at e1 t 761t'h of flail Legend lila..' rue�Ylc�mr_v S—'1) Ern — rn o rs r. t-1—+—+—r—I +, s E"... Ito I r„rslr . Are35 sham x lr nal reFre5err. LI FCre5: Oen ce Lard 31NQ:Re Tan a V3 xuuieay Deng c_a:ed In :013 for nodaus weed Inregamo5 -11 5 ?r3feG 1s a p3r:1ersn oetN €1 Ins L .^r FCreet ver. oe and:re Town 3r Val Laxr S m 3 3 ay We W.esen C 5r33o Co1ser3:3n Cape SOrne a :1E32 :dea5 nave 3 -e3ny DElertE-a '1 rn CAC S 35Cn5 3r a -y r13n33emen: etra� Inrolrcn tms addle -V/0 "A Mra 5 1SCn 51 ensue 3 aglr< ait 5U3Fre5S 31 and SCme 3-5X er331CaUcn or rn3x 315 '.1E63 p3FUa:o1s Wr*n cu34,3 .1F.n trr_ Tarr or V3 331a133ry 1Yeea Management zraeG wet 2.4C.0 3Cl S a OILIIC 13nc3 are nau2edIn 201E weed 3 353 :rte V 310L10 F5 r:ennace. Council expressed appreciation for the partnership with the USFS for the different programs and requested staff permanently includes the weed funding in the annual program budget as well as include the $15K in the next supplemental budget for 2018. There were updates about the Intermountain Fuels Reduction Program and trails and wildlife management made by Mayville. Further comments included: ✓ Thanks to Novak and USFS for the fuels reduction efforts ✓ Thanks for the wildlife symposium ✓ Request for more education, a public communication campaign about "trail closures” and more enforcement for compliance ✓ An update about the role of the "Adopt a trail Ambassador Program" related to education for the public Town Council Meeting Minutes of February 20, 2018 Page 4 ✓ Update about actions addressing the Booth falls Trail which includes the collection of data through a registration and fee implementation process; the outcome will be the management plan for the trail and the steps look very similar to that invoked on Hanging Lake trailhead 4.4. Energy Management System Update Presenter(s): Mark Hoblitzell, Environmental Sustainability Coordinator Action Requested of Council: Staff requests the Vail Town Council consider the service levels of the proposed energy management software system. Background: With the goal of implementing an efficient energy tracking and emissions reporting system for Town of Vail municipal operations, staff released a Request for Proposals for a qualified firm to provide software services. Staff Recommendation: Service Level 1 provides for the in -budget option. However, staff recommends the Vail Town Council consider Service Level 2, which includes real-time data, scalability with the town's finance system, and advanced greenhouse gas emissions reporting compatible with third party platforms. Hoblitzell presented the information including the system service levels and the cost savings as follows: EMS System Service Leve s Service Level 1 $10-12 000 annual y Iin-budget option1 Service Level 2 $20-30.000 annually Service Level 3 5100.000+ annual y A_ tomated E - g Data Import Automated E ag Data Import Automates 5 - ata Tr port Weather Normal =3tion Weather Normalization Weather ['Dolma. =3 " GHG repo I:no GHG P. -sport -no GHG reporting Re31 Tune Data Import Peal Tune Data Import "Public Educator ?anal Public Educator. Portal Erergy Star E,:•Iding E.cnng Energy Star St-.ing Sconno Multiple Pl3rva3re Ccmpat Pity and Scala• ry Multiple Hardware CompatitalirJ 3110 Scalab4iy Energy Modes ng Capp. tes Energy Mc. eling Capab 11es Customized Hardware -nstallation Total cost savings can be achieved by EMS systems and the expected savings amounts can vary. A study by Lawrence Berkeley National Lab found that EMS systems can achieve up to an 8% savings across all energy accounts or up to a 17% savings on a specific site.1 The staff recommendation was for service level 2 with a budget of $34K, an additional $22K partly related to the annual subscription fees. The council supported the recommendation. 5. Action Items 5.1. Slifer Square Project Update and Contract Presenter(s): Chad Salli, Project Engineer, Public Works Town Council Meeting Minutes of February 20, 2018 Page 5 Action Requested of Council: Authorizing the Town Manage to enter into an agreement in a form approved by the Town Attorney in an amount not to exceed $3,027,583.14 with Icon Inc. for completion of the Slifer Square Project. Background: Staff has identified 4 significant maintenance issues concerning Slifer Square, as follows, 1) Damaged storm sewer, 2) Storm water being discharged into Gore Creek without treatment, 3) Water leaking from the fountain, and 4) Corroded steel snowmelt mains. In addition to the repairs necessary at Slifer Square, the portion of Meadow Drive along the Austria Haus is proposed to be reconstructed, see memo for details. Salli presented the topic with a review of what transpired since last year. He noted 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, and 4. Corroded steel snowmelt mains. In addition to the repairs necessary at Slifer Square, the portion of Meadow Drive along the Austria Haus is proposed to be reconstructed with snowmelt tubing in a concrete sub -slab with pavers set on top, same construction detail that was completed on Meadow Drive along the Sonnenalp in 2012. This is due to the bus loading and frequency of the In -Town route on the pavers which currently sit on top of the snowmelt tubing in a sand bed and the weight of the busses eventually causes rutting in the pavers and leaks in the snowmelt tubing. The following bid and budget information was reviewed: 13Iaf recenteo 1 b d for trr 3I `er Square Peoa • P•�::-, Icon In: Ease E5 d E a A 1-31=er Square Fouria n 2,a1.1 -Meadow Dr a :ng the Austria Hates Eao At -Meadow Dr renes lanes concrete replacement will pavers. rs. E. .At -Ad acent Heated Paver•'stairs r_ofaosmenr E o At -Secondary 4Vater OuaI ty Vault: The Carita Project Budget .n:. _ias S2,602,96.8.15 Si,207 ,c32 69 S418,644 1J 1-2.48,:-9 t $327,621 0 ? 1335,558.2'3 • S1,420,000 2017 for design and car.strrc ion of SIf_r Square • S800.000 r 2017 for the •econsnuetion of Mea•_ ow Dave arong tre Ausna Haus • S's,C ).00Q 201 for construct :n of S ier Square S5 221:,, 000 Total t : s for moving forward inciude- Awa•i t^e full contract with al. the bid arnerrates as i>>a ara supp.ement e cudget to +oav r the budget shortage, S100,000 2 A'.•a•o me base b d and any of thi.- baa alternates and sures -cert the budget to cover the budget shortage as needed o Award tree ease b d and Meadr»9 Dnv'e a :ng the Austna I-1a.s for S3 027.583 '4 w v r supplemental re:.. •.d ars, furtrrer -vest gate retrcntt -g tr e existing nark -2 strecture a•a'nage vault to imorove Ovate• qual tygee- beim' Salli suggested moving forward with option #3 as follows: ✓ Award the base bid and Meadow Drive along the Austria Haus for $3,027,583.14 with no supplemental required and further investigate retrofitting the existing parking structure drainage vault to improve water quality. Town Council Meeting Minutes of February 20, 2018 Page 6 Foley moved authorizing the Town Manage to enter into an agreement in a form approved by the Town Attorney awarding the base bid and Meadow Drive along the Austria Haus alternate in an amount not to exceed $3,027,583.14 with Icon Inc. and further investigate retrofitting the existing parking structure drainage vault to improve water quality. Langmaid seconded the motion and it passed (7-0). No public input was heard. 5.2. Ordinance 5, Series 2018, First Reading, Ordinance amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles Presenter(s): Gregg Barrie, Sr. Landscape Architect Action Requested of Council: Adopt, or adopt with revisions, Ordinance 5, Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. Background: The ordinance addresses regulations about the electronic personal assistive mobility devices and electric assisted bicycles. The topic has been discussed at previous council meetings and the Town Code would be amended if the legislation is approved. Staff Recommendation: Staff recommends adoption, or adoption with revisions, of Ordinance 5, Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. Chapin asked for public input after Gregg Barrie presented an overview of the legislation. Seth Valentine, the local vendor requested the following: • Requested that bells would not be required on the segways that are traveling in a group • Requested that the age be lowered below 16 years There were comments that supported lowering the age to 12 and requiring only the tour guide to use the audible device. Coggin moved to approve Ordinance 5, Series 2018, First Reading, Ordinance amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles, with an age limit of 12 and the tour guide only must have an audible device. Moffet seconded the motion and it passed (7-0). No further public comments were heard. Chapin noted that he would prefer to restrict the areas of use, but would just request the vendor be very conscientious about where they are touring groups. It was requested to review the program at the end of the summer. Bruno thanked the vendor for their input and offering this mode of transportation. 6. Public Hearings 6.1. Ordinance No. 2, Series of 2018, Second Reading, An Ordinance Amending Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a New Section 1-9-10, Concerning the Sealing and Expungment of Criminal Records Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 2, Series of 2018, upon second reading. Town Council Meeting Minutes of February 20, 2018 Page 7 Background: Senate Bill 16-116 provided a simplified process for sealing criminal justice records by providing defendants an option to immediately petition the court for a sealing order and providing for an administrative fee for sealing such records. Pursuant to C.R.S.§ 18-13- 122(13), a municipal court may seal criminal records concerning illegal possession or consumption of ethyl alcohol or marijuana by an under -aged person. Ordinance No. 2, Series 2018 provides a procedure to seal or expunge certain criminal records in accordance with such legislation. Staff Recommendation: Approve Ordinance No. 2, Series of 2018, upon second reading. Moffet moved to approve Ordinance No. 2, Series of 2018, Second Reading, An Ordinance Amending Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a New Section 1-9-10, Concerning the Sealing and Expungment of Criminal Records; Bruno seconded the motion and it passed (7-0). There was no public comment. 6.2. Ordinance No. 3, Series of 2018, Second Reading, An Ordinance Amending Title 7, Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding Driving Under Restraint Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 3, Series of 2018 upon second reading. Background: The Colorado legislature passed House Bill 17-1162, effective August 9, 2017, concerning action that can be taken against an individual based on the individual's failure to pay for a traffic violation. Ordinance No. 3, Series 2018 would adopt certain provisions of House Bill 17-1162 authorizing municipal enforcement of driving under restraint or suspension. Staff Recommendation: Approve Ordinance No. 3, Series of 2018 upon February 20, 2018 - second reading. Moffet moved to approve Ordinance No. 3, Series of 2018, Second Reading, An Ordinance Amending Title 7, Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding Driving Under Restraint; Bruno seconded the motion and it passed (7-0). There was no public input. 6.3. Ordinance No. 4, Series of 2018, Second Reading, An Ordinance Amending Title 10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning the Cultivation of Marijuana on Residential Property Presenter(s): Craig Bettis, Commander, and Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 4, Series of 2018 upon second reading. Background: Under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature. As a result of new legislation, without local regulation, the 6 -plant limitation could be increased to 12 plants. Ordinance No. 4, Series 2018 adopts local regulations to restrict the number of Town Council Meeting Minutes of February 20, 2018 Page 8 marijuana plants that may be cultivated on residential property to 6, and further adopts regulations to limit the impacts of such cultivation on surrounding areas. Staff Recommendation: Approve Ordinance No. 4, Series of 2018 upon second reading. Moffet moved to approve Ordinance No. 4, Series of 2018, Second Reading, An Ordinance Amending Title 10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning the Cultivation of Marijuana on Residential Property; Bruno seconded the motion and it passed (7-0). There were no public comments. 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 9 p.m. Attest: .ti PattycKer%y, Town Town Council Meeting Minutes of February 20, 2018 Page 9 Vail Town Council Meeting Minutes Tuesday, March 6, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Jen Mason Greg Moffet Member absent: Kim Langmaid Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Jeff Babb, VRI, presented the policy information about uphill access to Vail Mountain; he reminded the public that non -service dogs are not allowed on the mountain. Kevin Foley presented a number of topics as his portion of council input: 1) Safe Bar meeting, 2) appreciation for lodging VRD interns, 3) Colorado Classic bike race public input, 4) Congrats to community athletes for their successes. 2. Proclamations 2.1. Proclamation No. 2, Series of 2018, Proclamation in Recognition of Vail's Trailblazer Award Recipients Sheika and Pepi Gramshammer Presenter(s): Dave Chapin, Mayor Background: The Town of Vail celebrated its 50th birthday of incorporation as a municipality on August 23, 2016 with numerous festivities taking place, including the debut of the Vail Trailblazer Award Program, a civic recognition whereby the Vail Town Council acknowledges an individual/s that exemplifies the spirit and fortitude in making Vail a great community through selfless contributions of time and talent which have made a lasting impact. The recipients in 2018 are Sheika and Pepi Gramshammer as the community recognizes their meaningful and amazing contributions to the Town of Vail. Proclamation No. 2 was read by Vail Town Council members and adopted. 3. Appointments for Boards and Commissions 3.1. Art in Public Places Board Appointments Town Council Meeting Minutes of March 6, 2018 Page 1 Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint five people to the AIPP Board for a two year term ending March 31, 2020. Bruno moved to appoint Kara Woods, Patricia Donovan, Julie Hansen, Bill Pierce and Kathy Langenwalter to serve two year terms on the Art in Public Places Board. Mason seconded the motion and it passed (6-0). 3.2. Building and Fire Code Appeals Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint one person to serve as the "regular member" and appoint two people to serve as alternates on the Building & Fire Code Appeals Board for a five year term ending March 31, 2023. Bruno moved to appoint Kathy Langenwalter, Mark Donaldson, Mark Hallenbeck to serve five- year terms on the Building & Fire Code Appeals Board. Mason seconded the motion and it passed (6-0). 4. Consent Agenda 4.1. Resolution No. 10, Series of 2018, A Resolution Authorizing the Town of Vail to Grant a Utility/Access Easement to Holy Cross Energy: and Setting Forth Details in Regard Thereto. Moffet moved to approve Resolution No. 10; Foley seconded the motion and it passed (6-0). 4.2. Minutes from February 6, 2018 meeting Foley moved to approve the minutes from February 6, 2018 with a change to the vote tally for agenda item 3.3; Bruno seconded the motion and it passed (5-0-1;Moffet abstained). 4.3. Minutes from February 20, 2018 meeting Foley moved to approve February 20, 2018 meeting; Moffet seconded the motion and it passed (6-0). 4.4. Letter of Support for the Mountain Pact Recommendation There was no motion on the letter included in the packet as there was not consensus about the need to send the letter to Congress regarding a House bill (Secure American Energy Act). 5. Town Manager Report 5.1. Town Manager Report Greg Clifton presented a brief overview of the updates presented in his report. 6. Action Items Town Council Meeting Minutes of March 6, 2018 Page 2 6.1. Ordinance No. 6, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund Presenter(s): Kathleen Halloran, Finance Director; Carlie Smith, Budget Analyst Halloran presented a summary of the year-end financial report, per the memo in the packet with highlights below: 2017 RESULTS • Across all funds, total revenue of $67.1 million was down Tess than 1% from 2016, mainly due to sales tax collections of $25.6 million, also down less than 1% from 2016. ■ Real estate transfer tax collections in 2016 of $6.3 million were down 7.2% from the prior year. • Construction Use Tax was down 2.2% from 2016. ■ Lift tax collections of $4.7 million were down 6% from 2016 • Transportation revenues totaled $4.9 million during 2017, down 6.3% from 2016. • 2017 net expenditures totaled $75.2 million compared to $110.3 million budgeted • Overall the town experienced flat revenue growth for 2017, and was able to offset that impact with reduced spending and cost savings from lack of winter conditions. Discussions about two topics were included with the consideration of the Ordinance, as follows: 6.1.1 - Consideration of Seibert Memorial Funding Request The Seibert Memorial Project was first proposed to the Art in Public Places Board as a gift to the town, using private donations to fund the artwork. Al PP accepted the proposed donation of the memorial to the town's art collection and agreed to the ongoing maintenance, conservation and insurance of the sculpture. After an unsuccessful effort to raise enough funds, the group proposed that the sculpture be funded by the town. This proposal was included in the 2018 Budget cycle as a Council Contribution with a request to fund the entire project for $330,000. There were many people present to support the funding request and the Seibert memorial, as follows: Roger Tilkemeier, Bill Rey, AnneMarie Muller, Richard Leslie, Karen Fritzlen, Peggy Nichols, Joette Gilbert, Pete Seibert, Jr., Brenda Himmelfarbe, and Jim Clark, along with a number of emails from the public. They saw this as an amazing opportunity to truly recognize the history and Pete's journey to Vail as depicted by a well known sculpture. There were some who were supportive of recognizing the memory and idea of the founder of Vail, but preferred more dialogue and input be given to what kind of memorial would truly represent Pete Seibert and the brand of Vail. Brant Seibert expressed the need to include the true history of the discovery of Vail as a ski area. No further public input was taken at this time; council discussion was held with a number of points raised, as follows: ✓ Difficult position to be in as it is a request that does not follow the Town's public processes with regards to their Art in Public Places Board ✓ Thanked the group for their hard work and efforts especially Roger Tilkemeier (local resident) & Bill Rey (Clagget Gallery), Herb Mignery (artist) ✓ Agreement that the Seibert Circle fountain does not fully acknowledge the efforts of Pete Seibert ✓ More public input should be heard about the project ✓ Encouraged the public to make a donation to the project as this should be a public and privately funding project ✓ Pending is the discussion about the location Town Council Meeting Minutes of March 6, 2018 Page 3 ✓ The community must come together to make this project come to fruition After much dialogue, Foley noted he would request to include with the supplemental budget a placeholder of $150K to be used with matching funds from the community for the Seibert Memorial and after the proposal has moved through the Al PP process; Mason agreed with this approach. It was suggested by Clifton that they present a budget proposal for a historic and commemorative program for these kinds of ideas and related costs. 6.1.2 - Consideration of Vail Valley Foundation Funding Request for Digital Screen Project at Gerald R. Ford Amphitheater The second funding request is for a capital contribution of $185,000 from the Vail Valley Foundation (WF) to help fund a large digital screen for the Gerald R. Ford Amphitheater (GRFA). The total cost of the project is $443,000 not including another $60,000 of contingency planning. The original request was presented to Council on February 20th and is attached for your reference. Also attached is a copy of the town's ground lease with the VVF, outlining ownership of the assets. Mike Imhof, WF, spoke about their funding request and noted they would submit a funding request during the town's 2019 budget cycle. Details of each of the town's funds were outlined in the packet memo, and addressed the General Fund See memo for revenue adjustments details. General Fund expenditures were proposed to increase by $231,700. This includes $35,700 of expenditures corresponding to reimbursements above. The remaining request for $196,000 includes: ✓ $86,000 Council Contribution increase for the Burton US Open approved December 5, 2017. The total 2018 contribution now totals $490,000. ✓ $110,000 Council Contribution for the Colorado Classic bike race event. Council granted a total of $310,000 for the Colorado Classic, with $110,000 to be contributed from the Town of Vail's General Fund and $200,000 from the Vail Local Marketing District. The above adjustments to the General Fund 2018 budget result an estimated fund balance of $28.0 million by the end of 2018, or 72% of annual revenues. Capital Projects Fund See memo for revenue adjustment details. Staff requested to supplement 2018 expenditures by a total of $18.3 million, of which $17.9 million represents projects budgeted in 2017 but not yet completed such as repairs to Slifer Square and East Meadow Drive, the Chamonix Vail neighborhood, the Red Sandstone parking structure, guest service enhancement projects, bus replacements, data center relocation, continuation of neighborhood road and bridge reconstruction projects, and final bills for the Sandstone Underpass. Additional funding requests include the following: ✓ $75,000 for automated ticketing gates at Ford Park to improve Ford Park parking management. ✓ $38,000 for new bus scheduling software. This new software will help to establish more efficient operations by optimizing bus routes and personnel schedules. The new software will also enhance the town's ability to use historical route data for more accuracy and efficiency. ✓ $261,550 transfer to the Housing Fund to purchase the Altair Vail Inn Condominium ✓ approved by Council on December 5th Housing Fund See memo for revenue adjustment details. Staff is requesting to re -appropriate a total of $4.9 million into the 2018 budget to reflect a continuation of housing initiatives from 2017. This includes: ✓ A carryforward of $500,000 allocated to the INDEED program. ✓ $4,225,000 purchase of 65 deed restrictions at the Solar Vail employee housing development. Town Council Meeting Minutes of March 6, 2018 Page 4 ✓ $167,499 carryforward balance in the Buy Down Housing program, plus a $261,550 transfer from the Capital Projects Fund for the purchase of a unit at Altair Vail as approved by Council. The above expenditures will result in no estimated remaining fund balance by the end of 2018. Real Estate Transfer Tax (RETT) Fund See memo for revenue adjustment details. Staff requested to supplement expenditure by a total of $7.5 million, of which $7.2 million represents projects budgeted in 2017 but not yet completed such as the Open Lands Plan, repairs to the bike path and retaining walls at Dowd Junction, East Vail Interchange improvements, and continued streambank and water quality infrastructure projects. Also included in the re -appropriations is $116,000 for a new softball field shelter and other new funding requests include the following: ❑ $34,000 for environmental software ("EMS") . O $2,000 for Local Climate Resolution participation ❑ $5,000 for 2018 membership to Rocky Mountain Climate. ❑ $15,000 to renew the town's partnership with the US Forest Service for the noxious weed management program ❑ $110,000 of additional funding for the North Frontage Road recreational bike path reconstruction between Sun Vail and the pedestrian bridge. n $150,000 to purchase property described as the Moran parcel located in East Vail as identified by the Open Lands Plan and corresponding to the East Vail Interchange project. The above adjustments will result in an estimated fund balance of $1.1 million at the end of 2018. Moffet moved to approve Ordinance No. 6, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund. The motion did not include any funding of the Seibert Memorial costs and not seconded with a motion. Foley moved to approve Ordinance No. 6, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund and to include a $150K placeholder to be used as matching funds for the Seibert Memorial project, and only after the AIPP Board as formally processed and vetted the project. Bruno seconded the motion and it passed (5-1; Moffet opposed). There was no further public input and second reading would occur on March 20. 7. Presentations / Discussion 7.1. Parking and Transportation Task Force recommended summer 2018 plan Presenter(s): Greg Hall Director of Public Works and Transportation and Mayor Dave Chapin Action Requested of Council: Provide direction to the staff regarding the Parking and Transportation Task Force recommendations as well as provide feedback on any additional information for March 20 discussion. 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. The Task Force is chaired by Mayor Chapin and supported by various departments and agencies to assist with technical expertise. Town Council Meeting Minutes of March 6, 2018 Page 5 Staff Recommendation: Staff recommends the Town Council approves the recommendations of the Parking and Transportation Task Force. Staff was directed to return with the proposed plan to implement the overnight fee structure and the associated operating costs for inclusion in the second reading of the first budget supplemental on March 20. Chapin introduced the topic and thanked the task force members for their time in the meetings. The following information was included in the council packet memo: Summer 2018 Objectives and Recommendations Transit • Continue with increased summer bus service by Vail Transit following successful pilot program during summer 2017 o Review potential expansion of hours currently budgeted for summer 2018 re: concert departures and early AM • Market/promote advantages of transit Parking Structures • Focus on goal to reduce number of vehicles parked overnight in structures by half to increase daytime capacity by freeing up 100 to 200 parking spaces per night o Requires 24-hour staffing operations, estimated at approximately $150K o Create an allowance for overnight parking for guests of lodges with no on-site parking (Mountain Haus, Plaza Lodge, Bridge Street Lodge) and lodges with limited parking (Gasthof Gramshammer, Vail Mountain Lodge) as well as employee overnight shift -work o Will require an overnight fee structure in addition to reviewing current regulations regarding abandoned vehicles stored in the structures (14+ days) • Facilitate parking management plan with Vail Health and other major construction projects in the Village core as well as employers o Town of Vail to apply for permission from CDOT for use of 100 parking spaces west of the West Vail Fire Station to allow 7 -day a week parking through 2020; may require additional bus service Short-term Leasing of Private Parking spaces • Evaluate Town Code amendments to allow short-term daily leasing of private parking spaces o Would allow web or app -based parking reservation technologies Ongoing • Work with ECO Transit to support increased service in 2018 through county budget process • Continue a marketing and messaging plan around the following: o Biking o Walking o Don't rent a car o Environmental effects of driving o Healthy lifestyles o Reduce congestion o Promote transit use o Ridesharing (Uber, Lyft) o Carpooling o Employee van pools o Special event marketing and messaging for attendees o Special event employee/volunteers use alternative parking sites, modes • Continue to require construction projects to have employee transportation and parking plan Discussion ensued with some suggestions that were supported: ✓ Consider implementing the changes slowly ✓ Continue to address the storage of vehicles in the structure ✓ Consider using private parking for the public ✓ Continue to evaluate ECO services and implement more frequency and affordable rates ✓ Continue educating the public about options ✓ Continue to keep parking free in the parking structures this summer Town Council Meeting Minutes of March 6, 2018 Page 6 Chapin invited public input at this time. ➢ Jonathan Staufer, resident, expressed the need to continue reviewing a charge for parking or the guests will not be served appropriately. He also inquired about the arrangement with Vail Resorts about managing peak periods on the mountain and if it is being enforced. ➢ Allison Wadey, Vail Chamber & Business Association, noted she attended the meetings, it was a great process, and very productive. She suggested the summer demographic is very different from the winter guests. She thought some rewarding of those who take other means of transportation might be worthwhile. ➢ Moffet noted there are multiple neighborhoods in Vail that have no access to public transit and requested this challenge for residents be addressed. Implement a ride share program. ➢ Elizabeth, owner of LaBotega, suggested paid parking meters be installed. Moffet moved and Bruno seconded the motion to approve the recommendations of the Parking and Transportation Task Force and directed staff to return with the proposed plan to implement the overnight fee structure and the associated operating costs for inclusion in the second reading of the first budget supplemental on March 20. The motion was approved (6-0). 8. Action Items 8.1. Permission to Proceed through the Development Process - La Taberna Iberica Restaurant Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: Gatto Pardo Bianco LLC, the owner of the Unit #15, 100 Meadow Drive, requests permission to proceed through the Development and Design Review process for an Amendment to Special Development District No. 6, Vail Village Inn, for improvements that include an outdoor dining patio and associated improvements that occur within the Town of Vail Right -of -Way. Background: The subject property, located at 100 Meadow Drive, Unit 15, was constructed in 1976 and was most recently occupied by the former Master's Gallery. It is the applicant's intention to repurpose the space for an eating and drinking establishment. Staff Recommendation: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of outdoor dining and private landscaping. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued and removed if required to do so. Jonathan Spence presented the agenda item and noted the Vail Town Council is not being asked to approve the improvements, their location or design, but rather to authorize the applicant to move forward with a planning application that utilizes town owned property for commercial uses. If granted permission to proceed, the application would be subject to the following steps in the Development and Design Review Process. Staff shared public safety concerns related to the proximity of the proposed outdoor seating and associated landscape planters/walls to the bus travel way coupled with the loss of the existing vegetative landscape buffer. Steven Riden, Architect, presented their request with details about the proposed application. Town Council Meeting Minutes of March 6, 2018 Page 7 Chapin invited public comments at this time and no one commented. Council discussion ensued with some questions and concerns, as follows: ➢ Not supportive of using town property for their request as it is not in the best interest of the town to place permanent structures on this property and not supportive of removing the pedestrian way ➢ Town easements have not typically allowed for permanent structures ➢ Supports moving the application forward so that the appropriate town boards could review the application Riden thanked the council for their input and feedback which would be incorporated into the application at this stage. Foley moved to instruct 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. Mason seconded the motion and it passed (4-2; Bruno and Moffet opposed). 8.2. Red Sandstone Elementary School Parking Structure Contract Award to Haselden Construction 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 Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000 . Background: The Town of Vail and the Eagle County School District are jointly constructing 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. There was a brief overview by Greg Hall about the construction project with some council comments about the ability to convert the top levels of the structure to other uses, the schedule of construction, and the coordination of the project with the school schedules. Moffet moved to authorize the Town Manager to enter Guaranteed Maximum Price construction contract with Haselden Construction to construct the Red Sandstone Elementary School Parking Structure in a form approved by the Town Attorney in an amount not to exceed $11,500,000. Bruno seconded the motion and it passed (6-0). 9. Public Hearings 9.1. Ordinance No. 7, Series of 2018, First Reading, An Ordinance Amending Section 10-1-3 of the Vail Town Code to Add an Amendment to the 2015 International Residential Code Previously Adopted by the Town by Reference Presenter(s): Chris Jarecki, Chief Building Official Action Requested of Council: Approve, approve with amendments, or deny Ordinance 7, Series of 2018 upon first reading. Town Council Meeting Minutes of March 6, 2018 Page 8 Background: It is clear that compliance with Section R302.1 of the International Residential Code becomes impossible when reviewing and constructing two-family dwellings (duplexes) with known lot lines that separate the units along the shared wall. Projections such as roof eaves, doors, windows and other openings are strictly prohibited by this section of the code. The practice of subdividing these properties is commonplace and this Ordinance will effectively allow for continued contemporary design and construction of these residential structures. Chapin introduced the topic and opened the public hearing at this time. George Ruther spoke about the highlights and summarized the regulations. Bruno moved to approve Ordinance No. 7, Series of 2018, First Reading, An Ordinance Amending Section 10-1-3 of the Vail Town Code to Add an Amendment to the 2015 International Residential Code Previously Adopted by the Town by Reference. Moffet seconded the motion. No comments were heard from the public. The motion passed (6-0). 9.2. Ordinance 5, Series 2018, Second Reading, Ordinance amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles Presenter(s): Gregg Barrie, Sr. Landscape Architect Action Requested of Council: Adopt, or adopt with revisions, Ordinance 5, Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. Background: The ordinance addresses regulations about the electronic personal assistive mobility devices and electric assisted bicycles. The topic has been discussed at previous council meetings and the Town Code would be amended if the legislation is approved. Chapin introduced the topic and opened the public hearing at this time. Gregg Barrie noted the changes from first reading as follows: They lowered the age requirement to age 12 They required only the tour guide to have the audible devise Mire noted for the record there was some technical difficulties and the uploaded version in the council packet will get some minor edits from the town attorney. The follow public comments were heard: ➢ Kersty Hensler, resident, expressed a number of safety concerns about segways and ebikes on the trails including the age allowed and the need for more signage and rules. She noted that it is not about the local people but about the inexperienced bike path users and the speed the ebikes can go on narrow path. ➢ Louise Hoversten, resident, expressed similar concerns, there will be more opportunities for accidents and the trails should be exclusive of motorized vehicles. Barrie noted they would explore some trail signage ideas and program to help identify trail etiquette. Moffet moved to approve Ordinance 5, Series 2018, Second Reading, Ordinance amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and Electric Assisted Bicycles. Foley seconded the motion and it passed Town Council Meeting Minutes of March 6, 2018 Page 9 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 9:40 p.m. ATTEST: Respectfully b i ted, Dave Chapin, ayor Town Council Meeting Minutes of March 6, 2018 Page 10 Vail Town Council Meeting Minutes Tuesday, March 20, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Jen Mason Greg Moffet Members absent: Kim Langmaid Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk Mayor Chapin noted that the mailing for the town of Vail Community Survey has been released and asked everyone to please complete the survey! 1. Citizen Participation • Randy Guerriero, resident, spoke about his support of council, and spoke about the conditions he continues to support related to the former roost property development. In addition, he expressed his support for a recreation center in Vail as it creates community. He noted that Margaret suggested a rec center on the top of the red sandstone elementary school parking structure. • Brant Seibert, Englewood, expressed his thoughts about Seibert memorial and presented an alternative proposal to honor the heritage of Vail, with a call out for Pete Seibert, one of the founders of Vail. He continued with some details and offered his full support and involvement in the effort. • Jason Hollis, General Manager, Doubletree Hotel, presented some Doubletree cookies and noted the hotel is open now after the remodeling. There are parts of the hotel that are still being renovated. • Bill Rey, Claggert Gallery, continued to express his support in honoring the heritage and actions of Pete Seibert. 2. Appointments for Boards and Commissions 2.1. Design Review Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint three members to serve on DRB for two-year terms. Town Council Meeting Minutes of March 20, 2018 Page 1 Bruno moved to appoint Campbell, Bill Pierce, and John Rediker to DRB; Moffet seconded the motion for the appointments and it passed (6-0). Foley thanked Forstl for his service on the DRB. 2.2. Planning and Environmental Commission Appointments Presenter(s): Dave Chapin, Town Mayor Action Requested of Council: Appoint four members to PEC to serve two year terms beginning April 1, 2018 and ending March 31, 2020. Bruno moved to appoint Pam Hopkins, Rollie Kjesbo, Ludi Kurz and Brian Stockmar to the PEC; Moffet seconded the motion and it passed. Foley thanked Kjesbo for his time with PEC. 3. Consent Agenda 3.1. Resolution No. 11, Series of 2018 A Resolution in Support of the Great Outdoors Colorado Grant Application for the Gore Creek Riparian Habitat Restoration; and Setting forth details in Regard Thereto 3.2. Resolution No. 12, Series of 2018 A Resolution Approving a Modification of Grant or Agreement Between the Town of Vail and USDA, Forest Service White River National Forest's Eagle/Holy Cross Ranger District Regarding the Control and Eradication of Noxious Weed and Invasive Plant Species; and Setting forth Details in Regard Thereto 3.3. Resolution No. 13, Series of 2018, A Resolution Adopting an Amended Budget and Making Appropriations to Pay the Costs, Expenses, and Liabilities of the Vail Local Marketing District for its Fiscal Year January 1, 2018 Through December 31, 2018 Moffet moved to approve the consent agenda. Foley read the titles of the resolutions and seconded the motion which passed (6-0). 4. Town Manager Report 4.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager Clifton presented highlights from his report. 5. Presentations / Discussion 5.1. Colorado Classic Bike Race Update (including the public release of the circuit route for Stage 1 in Vail on August 16, 2018) Presenter(s): Mia Vlaar, Economic Development Director, Mike Imhof, Vail Valley Foundation Action Requested of Council: No action required. Information update only. Background: Vail is hosting the first two stages of the Colorado Classic on August 16 & 17, 2018. The racing format of Stage 1 of the race on Thursday, August 16, 2018 is an exciting Town Council Meeting Minutes of March 20, 2018 Page 2 spectator friendly circuit race. Town of Vail staff and numerous stakeholders have been working diligently since early January to identify a circuit route that is unique, challenging, spectator friendly, and as least impactful to residents, businesses, and our guests as possible. Staff Recommendation: Staff recommends the route as proposed. Jen Mason recused herself at this time due to conflict of interest. Mia Vlaar, Ec Dev Director, introduced the topic and noted a number of benefits the town would see by hosting the Colorado Classic Bike Race, as follows: • Value to the town with the lodging projections • Happens during a "need" weekend which meets the VLMDAC goals • Route has been thoroughly vetted with the stakeholders , tov departments, usfs, emergency services, race planners , the route meets the needs of everyone • Communications effort is underway with releases to the community and from the vendor websites; want to ensure that everyone knows what is going on and the impacts on the community Mike Imhof, Vail Valley Foundation, thanked council for their funding support of the Colorado Classic Bike Race; he and his staff (Mac Garnsey) presented updates about the following topics: ✓ Contact information for the community ✓ History of bike racing ✓ Details about the circuit route for Thursday, August 16 ✓ Details about the Time Trial course for Friday, August 17 ✓ The Route Communication Strategy; see diagram below: COLORADO CLASSIC VAIL Route Communication Strategy vai' e'!A an,d the vai: voley :undo' _ are w;; !rq no, -,d i'... hand with a ioige o' all ,_. t= in`ormahor, is Cleo^v r_ .,rrn-ur ::3'ea the:e c:rer-iolly impacted ti the event cute: vfthi e Tow'', of Vol To date. the routes have been communicated in the following manner • _erer: aa:eh:i Vol „ :ine::.:: and co'er ;ally a`festted colder :. via email and 0 direct maiiina is aye' S:CC Vail oddresses =on manic tic', via Town of Vol Vv'= VF and vc_ E:: nev::let'er: = releaze the ;0.0.01 media cvtle': Continued Communication Efforts: aaditionol'eleases ono IeTte•: tViiaoe. cent c t0., do .• fond a' _ crodioolo:r.ovoil,C �m reghtio•hcco iia; c ha: teen eaa PliSheo -.dip O'Wdd' any qi.d ti3'; f•cim Town of Vol re:ioent: Town Council Meeting Minutes of March 20, 2018 Page 3 Chapin noted a couple of questions and thanked the VVF and TOV staff for their early planning work on the event. He noted there should be clear messaging for the community about the LH parking structure closure. 5.2. Chamonix Vail Neighborhood Development Update Presenter(s): George Ruther, Director of Community Development Action Requested of Council: No action is required. Background: The purpose of this presentation is to share a report on the ongoing progress of the Chamonix Vail Neighborhood development. The Chamonix Vail development is progressing ahead of schedule and on budget. More than 1/2 of the 32 new townhomes are completed and currently being occupied by new Vail residents and their families. All of the homes will be closed and occupied by April 30th. The development is scheduled to be 100% on or before June 18, 2018 when the final step in construction, the landscape work, is completed. Ruther presented the update on the project and Michael O'Conner with Triumph Development, noted the final report would occur in the next couple of months. Ruther called out section 3 of the memo which highlighted a number of the updates, as follows: ✓ Chamonix Vail construction is progressing ahead of schedule and on budget. ✓ Eight of the ten buildings have received a temporary certificate of occupancy (TCO) with the final two buildings scheduled to receive TCO's on or before March 23rd. ✓ All of the homes will be substantially complete by March 30th. ✓ The development team is now in the process of meeting with each of the home buyers to complete home buyer orientations, walkthroughs, and final inspections. ✓ According to the current schedule of closings, the final home will close on April 30, 2018. ✓ Final site and landscape work is contractually obligated to be completed on or before June 18, 2018, weather permitting, at which time, all construction on the site will be 100% complete. ✓ All 32 new townhomes are either occupied or moving towards closing. ✓ To date, 18 of the 32 townhomes have closed and ownership has transferred to the new owners. ✓ As a result, the Town of Vail has received more than $10M in total repayments of the $17.728M financed on the development. ✓ At the conclusion of the final closing, the Town will have received repayments in the total amount of $17.728M. ✓ The development cost of the construction project remains on budget. ✓ A total development budget of $17.728M, including $454,333 for pre -development services, plus owner's contingency, was approved by the Vail Town Council. To date, total change order costs equal Tess than $125,000. ✓ Approved change orders resulted in costs associated with excessive amounts of unsuitable soils excavation and export, addition of a landscape screening berm, installation of solar installation ready infrastructure for all 32 townhomes, an oversized concrete footer redesign, and State of Colorado sales tax. ✓ The total change order cost includes line item allowance savings of more than $87,000, resulting from utility service work installation and modular staging logistics. The remaining balance on the owner's contingency is approximately $219,000. ✓ It should be noted that the development budget remains financially exposed to additional state sales tax payments and the installation of 70 linear feet of CDOT-approved guardrail. Town Council Meeting Minutes of March 20, 2018 Page 4 ✓ A final report on the reconciliation of the total development cost compared to budget will be provided upon completion of the final site work and landscape improvements in June, 2018. Mason expressed thanks and appreciation to those involved in the project and noted her excitement to see the finished project this upcoming summer. It was suggested to have a project party at the close of the construction. 6. Action Items 6.1. 2018 Summer Parking Plan Update Presenter(s): Greg Hall Director of Public Works/Transportation Action Requested of Council: Provide direction to the staff regarding the Summer 2018 Parking plan to include: * Direct staff to implement the paid overnight fee structure for the Summer 2018 as in the staff memo * Amend the second reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation Background: The Vail Town Council directed staff to return with a recommended rate and policies to implement an overnight fee to free up additional parking spaces. The goal of the policy is to reduce cars which are being stored or parked in the structure overnight to free mores spaces up during the day for guests. In addition, reduce the number of times the parking structures fill and/or parking overflows onto the frontage roads. Staff Recommendation: Staff recommends the Town Council approves the recommendations for the Summer Parking Plan. Direct staff to implement the paid overnight fee structure for the Summer 2018 as recommended in the staff memo Amend the second reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation. Greg Hall introduced the agenda topic and presented the proposed summer 2018 parking plan and budget. He noted the Vail Town Council directed staff to return with a recommended rate and policies to implement an overnight fee to free up additional parking spaces. The goal of the policy is to reduce cars which are being stored or parked in the structure overnight to free mores spaces up during the day for guests. In addition, reduce the number of times the parking structures fill and/or parking overflows onto the frontage roads. Staff recommended the following: ✓ An overnight fee of $25 which is charged for vehicles in the structure during the period of 4 AM to 5 AM. ✓ Exceptions for hotels with no and/ or limited parking on site. Parking vouchers will be distributed to the hotels to be provided for guests to exit. ✓ Exceptions for employees of the village commercial businesses including Vail Health whose shift requires them to occupy the structures during these times. Parking passes will be issued to those employees. ✓ Maintain the policy of free exit of users who choose safe travel arrangements to get home and then return by 11:00 AM for winter and 1:00 PM for summer to retrieve their vehicle administered through the Welcome Centers. ✓ Exceptions for those hotels with adequate parking except for large group business which may overflow their parking facilities. Parking vouchers will be distributed. Town Council Meeting Minutes of March 20, 2018 Page 5 ✓ Staff is still investigating the use of all current parking passes during the summer for ease of entry/exit. ✓ Implement the program from Memorial Day through the end of September. Parking Operation Costs Staffing $100,000 Benefits (health benefits will be required of some staff) adds costs to all of 2019 $ 36,000 Parking tickets and passes $ 14,000 Public Education Program $ 10,000 Total cost to implement the overnight parking fee $160,000 Chapin thanked the task force participants again and noted support for the recommendations. Several comments were made related to staying flexible with the needs of the lodges and using the west vail spaces for employees (construction). Chapin asked for input at this time and Seth Levy, Gypsum, expressed some concerns about education, electric charging stations, and overnight parking. The council was supportive of the proposed parking plan and directed staff to implement the paid overnight fee structure for the Summer 2018 as outlined above and mend the second a reading of the first budget supplemental for 2018 to provide an additional $160,000 for the program implementation 7. Public Hearings 7.1. Ordinance No. 6, Series of 2018, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund Presenter(s): Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 6, Series 2018. Changes from first reading The following items reflect information requested by Council or updates since first reading: General Fund • Summer 2018: implement an overnight fee to free up additional parking spaces. estimated cost of $160,000. This estimate includes parking operations costs such as staff to monitor the parking structures and booths, parking sales office coverage, ticket supply and public outreach efforts. • Funding and in-kind support for the Colorado Classic bike race. While the cash funding is now included in the 2018 budget ($110,000 from the General Fund and $200,000 from the Vail Local Marketing District), staff will return during the June budget supplemental request with estimated costs of in-kind services such as police, fire, public works, and community relations. Housing Fund • Funding allocated to the InDEED deed restriction purchase program by $500,000. The program was initiated in 2016 and is gaining momentum with multiple negotiations currently underway. Capital Projects Fund • A transfer of $500,000 to the Housing Fund from the Capital Projects fund for the InDeed deed restriction program as requested above in the Housing Fund. Town Council Meeting Minutes of March 20, 2018 Page 6 Real Estate Transfer Tax Fund ■ A placeholder of $150,000 has been added in the Real Estate Transfer Tax Fund for the Seibert Memorial statue as presented, contingent upon remaining funds to be raised during the budget year. Any proposed modifications to the sculpture will go to the AIPP Board for approval prior to fabrication. At the request of the AIPP Board, a cost breakdown and proposed budget by Bill Rey as artist's agent has been attached to this memo. The costs do not include the installation which has been previously estimated at $30,000. The AIPP Board will determine with town staff an appropriate site for the Seibert Memorial sculpture in light of recent findings of a water main in the original location. Also during the March 6th meeting, a suggestion was made to establish a new "Cultural Heritage" budget allocation. Regarding a new line item within the RETT fund, staff would recommend that Council have an opportunity to review a suggested policy, process, and funding within the 2019 budget process. Moffet noted he is not supportive of funding the Seibert sculpture, but he is supportive of all other changes. Chapin invited public input and Bill Rey, Roger Tilkemeier, Randy Milhoan, and Brant Seibert addressed the topic. Seibert offered his services and involvement in finding the right tribute to his father. There was no more public hearing input. Additional comments were given by town council as follows: ✓ Some confusion in that the idea and artwork did not follow the public process as mapped out by the town and AIPP ✓ There is consensus to fund the entire $300K ✓ A request that they continue fundraising for the sculpture ✓ Support for $150K with more public contributions as matching funds for the project ✓ There is much passion in the community and shown by Roger & Bill ✓ The best story is the support comes from both the public funds and the private community funds Foley moved to approve Ordinance No. 6, Series of 2018, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, and Dispatch Services Fund to include a $150K placeholder to be used with matching private community funds for the Seibert Memorial. Bruno seconded the motion and it passed (5-1; Moffet opposed). 7.2. Ordinance No. 7, Series of 2018, Second Reading, An Ordinance Amending Section 10-1-3 of the Vail Town Code to Add an Amendment to the 2015 International Residential Code Previously Adopted by the Town by Reference Presenter(s): Chris Jarecki, Chief Building Official Background: The purpose of Ordinance No. 7, Series of 2018 is to clarify that compliance with Section R302.1 of the International Residential Code when reviewing and constructing two- family dwellings (duplexes) with known lot lines that separate the units along the shared wall. Projections such as roof eaves, doors, windows and other openings are strictly prohibited by this section of the code. The practice of subdividing these properties is commonplace and this Ordinance allows for continued design and construction of these residential structures as has been the practice for many years. Ordinance No. 7, Series of 2018 was unanimously Approved (6-0) on First Reading with no changes. Town Council Meeting Minutes of March 20, 2018 Page 7 The public hearing was opened by Chapin; a review of the legislation was presented by the Chief Building Official Jarecki. There was no public input. Moffet moved to approve Ordinance No. 7, Series of 2018, Second Reading, An Ordinance Amending Section 10-1-3 of the Vail Town Code to Add an Amendment to the 2015 International Residential Code Previously Adopted by the Town by Reference. Bruno seconded the motion and it passed (6-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 8:30 p.m. Attest: Res. - tfully S 4i b i -•Age*gl, e Chapin, ayo' W 1 Town Council Meeting Minutes of March 20, 2018 Page 8 Vail Town Council Meeting Minutes Tuesday, April 3, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation • Jonathan Levine, expressed his concerns about AT&T's cell service problems and impacts on his business. He noted the consistent problems with service and that his customers were having issues. He credited Ron Braden for his assistance in researching, identifying and solving some of the issues. He asked that the local government be aware of these issues and that they insist these issues get resolved. • Michael Cacioppo addressed his concern about the town council not commenting or responding to the community during citizen participation. He also expressed his dissatisfaction with service from AT&T and asked that the local government engage the vendor to provide better service. This lack of response from AT&T has a negative impact to the local customers and businesses. • Randy Guerriero, resident, requested that the town council schedule a future discussion about the need for a recreation facility in Vail. He also inquired about when the community would get another update about the development agreement for the Marriott Residence Inn. • Wolf Mueller, thanked the community and council for the funds raised to fight cancer and support research; he thanked everyone for the funds raised for pink vail. He also requested that the upper bench of the Donovan Park be re -vegetated; he noted there were negative impacts due to the wildfire mitigation logging project which disturbed the area. 2. Proclamations 2.1. Proclamation No. 3, Series of 2018, One Book One Valley, A Valley -wide Community Read sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, and Vail Town Council Meeting Minutes of April 3, 2018 Page 1 2.2. Proclamation No. 4, Series of 2018, Recognizing National Library Week 2018 "Libraries Lead" 2.3. Proclamation No. 5, Series of 2018, Recognizing April 2018 as Financial Capability Month Lorie Barnes, Vail Library Director, presented the proclamations and her staff supported the effort by reading each of the proclamations along with town council members. The proclamations were adopted. 3. Consent Agenda 3.1. Resolution No. 14, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District Regarding the Construction of the Bridge Road Sanitary Sewer Relocation Moffet moved to approve Resolution No. 14 on the consent agenda; Bruno seconded the motion and it passed (7-0). 3.2. Gore Valley Trail Improvements West Vail South Contract Award Moffet moved to approve the authorization of the Town Manager to enter into a construction contract in the amount of $268,229.45 for the Gore Valley Trail Improvements — West Vail South project; Bruno seconded the motion and it passed (7-0). 3.3. Holy Cross Energy Agreement Overhead to Underground Bighorn Road Moffet moved to approve the Holy Cross Energy Trench, Conduit and Vault Agreement in the amount of $250,000; Foley seconded the motion and it passed (7-0). 3.4. Holy Cross Energy Overhead to Underground Conversion S Frontage Road Moffet moved to approve the Holy Cross Energy Trench, Conduit and Vault Agreement in the amount of $325,000; Foley seconded the motion and it passed (7-0). 3.5. 1-70 East Vail Water Quality Improvements Project Award Moffet moved to direct the Town Manager to enter into a contract with United Companies in the amount of $1,007,718.60 to complete the 1-70 East Vail Water Quality Improvements Project; Foley seconded the motion and it passed (7-0). 3.6. March 6, 2018 Meeting Minutes 3.7. March 20, 2018 Meeting Minutes Foley noted a couple of edits to the minutes (first name of Mr. Campbell and thanking Rollie Kjesbo for his services on the DRB). Langmaid noted she would abstain from the minutes since she was out of town. Moffet moved to approve March 6 and March 20, 2018 meeting minutes; Foley seconded the motion and it passed (6-0; 1 Langmaid abstained). Town Council Meeting Minutes of April 3, 2018 Page 2 4. Town Manager Report Town Manager noted some highlights from his report, see council packet. He also referenced the memo from the IT Department which included updates about the Crown Castle vendor and services update and the Town of Vail data center progress. 5. Presentations / Discussion 5.1. Ford Park 2018 Summer Ford Park Parking Calendar Presenter(s): Greg Hall, director of Public Works and Transportation Action Requested of Council: Request input and approval on the 2018 Ford Park Summer Parking Calendar as prepared by staff and the Ford Park Users Group. Background: Each Spring the summer activities and events calendar is reviewed b the Ford Park User Groups, including representatives from Town of Vail. Vail Recreation District, Vail Valley Foundation,(Gerald R Ford Amphitheater), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountains Science Center (as operators of Vail Nature Center). The group's proposed 2018 managed and paid parking program is attached. Similar transit service will be provided. New this year will be the ability to provide parking vouchers for users of facilities not associated with the special event on a space available basis for a period of 2 hours. This will require those users to obtain validation from the appropriate venue (such as tennis center, BFAG education center classes, etc.) Greg Hall presented the topic with some highlights as follows: • TOV will offer a voucher program to those users in the park who visit VRD and BFAG. • TOV will offer 2 free days of parking with the lacrosse tournament because those days do not have evening functions • The AEG concert series, if booked, would likely convert to paid or managed parking • TOV would keep the entry fee at $10for events • TOV would continue to run free bus service frequently to Ford Park Foley moved to approve the Ford Park 2018 summer calendar; Moffet seconded the motion and it passed (7-0). 6. Action Items 6.1. Ordinance No. 8, Series of 2018, First Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Presenter(s): Justin Lightfield, Planner Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon first reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general Town Council Meeting Minutes of April 3, 2018 Page 3 welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations, which are summarized below. Staff Recommendation: Staff recommends that the Vail Town Council approve, on the first reading, Ordinance No. 8, Series of 2018. Justin Lightfield, Planner, introduced Ordinance No. 8 for first reading noting the basis for moving the legislation forward, as descried above. He noted the legislation complies with regulations found in the Telecommunications Act of 1996 (federal), the Spectrum Act (federal) and House Bill 17-1193 (state). There was no public comment at this time. Moffet moved to approve, on first reading, Ordinance No. 8 Series of 2018, an ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code by the addition of a new Chapter 27 of Title 12, concerning Wireless Service Facilities, and setting forth details in regard thereto, based upon the review of the criteria outlined in Section V of the Staff memorandum to the Planning and Environmental Commission dated March 26, 2018 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Bruno seconded the motion and it passed (7-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:00 p.m. Attest: tfully,Su i l; -Mayor Patty Town Council Meeting Minutes of April 3, 2018 Page 4 Vail Town Council Meeting Minutes Tuesday, April 17, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Member absent: Jenn Bruno, Mayor Pro Tem Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation There were no comments made during citizen participation. 2. Consent Agenda 2.1. Vail 2018 Overlay Contract Award Moffet moved to authorize the Town Manager to enter into an agreement with Elam Construction to complete the Vail 2018 Overlay Project in the amount not to exceed $350,000.00. Foley seconded the motion and it passed (6-0). Roads included in this year's asphalt overlay project include Vail Road, Vail Valley Dr in the Gold Peak vicinity, Cabin Cir, Eagles Nest Cir, Fairway Dr, Fairway Ct, Homestake Cir, Hornsilver Cir, Ptarmigan Rd and Springhill Ln. The project is scheduled to be completed by July 20, 2018. 3. Town Manager Report Community Picnic Dates were agreed upon and noted as follows: * July 18, 2018 at Bighorn Park * August 7, 2018 at Donovan Pavilion 4. Presentations / Discussion 4.1. Town of Vail Global Friendship Exchange Program, Follow up Report on Yamanouchi-machi and Nagano Japan Exploration Visit Presenter(s): Patty McKenny, Town Clerk, Mia Vlaar, Economic Town Council Meeting Minutes of April 17, 2018 Page 1 VLHA RECOMMENDATION COUNCIL FEEDBACK 1. Clearly define and adopt goals and objectives for the Town's lottery criteria and process 2. Allow current residential property owners, including vacant residential land, to participate in the lottery with the understanding that they must either 1) deed restrict their current residential property for employee housing or, 2) dissolve their interest in the real estate prior to closing on the new deed -restricted property. 3. Phase out the weighted preference and tiered systems and replace them with a true lottery process with preference, effective June 2018. The existing weighted and tiered system is inconsistent with the Town's goal of maintaining and sustaining community. A point system of preference that increases the probability that one category of persons (ie, long time local, Vail business employee, critical worker/occupation, etc.) is selected over another, yet still maintains an opportunity for all participating to be selected (ie, multiple tickets in the drawing) 4. Replace the annual lottery process with an individual and separate process for each home when it becomes available for purchase. This improves efficiency and effectiveness as lottery participants are only participating in lotteries for home types they wish to purchase 5. Eliminate the minimum household size requirements and thereby acknowledge the changes in lifestyle or family size that occur over time. 6. Simplify and streamline the application submittal process and minimize, to the extent possible, the materials required for participation to increase participate numbers and be more cost effective and efficient. 7. Instruct the Housing Department staff to prepare an administrative process for demonstrating eligibility and compliance with the terms of the deed -restriction and the employee housing guidelines. Currently, there is no prescribed process for administrative determination. Council supported; further review would be made June 5 during a joint meeting with VLHA members. It was agreed further discussion would be needed about this recommendation. Some were not comfortable with giving public funds to one person who would own multiple properties. It was requested that further review of a revised weighting system be made by VLHA. This item was supported by council. This item was supported by council. This was supported by council. This was supported by council. Town Council Meeting Minutes of April 17, 2018 Page 3 Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Foley seconded the motion and it passed (6-0). There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 7:50 p.m. Attest: Respectfullyubmitted, ave Chapin,`IMay Ierk Town Council Meeting Minutes of April 17, 2018 Page 5 Vail Town Council Meeting Minutes Tuesday, May 1, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Pro Tem Bruno. Members present: Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Members absent: Dave Chapin, Mayor Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation There was recognition from Councilor Moffet's family wishing him a Happy birthday. Woody Woodruff, Minturn resident, expressed concern about the Holy Cross Energy project reviewed during the afternoon meeting. He cited numerous concerns about the overhead power line related to health and safety and noted their citizen group is requesting they be laid underground. 2. Proclamations 2.1. Proclamation No. 6, Series of 2018, Recognizing May is Colorado Wildfire Awareness Month Presenter(s): Mark Novak, Fire Chief The Proclamation was read by the town council and adopted as read. 3. Appointments for Boards and Commissions 3.1. Vail Local Housing Authority Appointment Presenter(s): Dave Chapin, Mayor Moffet moved to appoint Molly Morales to serve on the VLHA for a five-year term ending on March 31, 2023; Foley seconded the motion and it passed (6-0). 3.2. Vail Local (Liquor) Licensing Authority Appointments Presenter(s): Dave Chapin, Mayor Town Council Meeting Minutes of May 1, 2018 Page 1 Moffet moved to appoint Kirk Hansen and Donovan Sournig to serve on VLLA for two-year terms ending March 31, 2020; Foley seconded the motion and it passed (6-0). 4. Consent Agenda 4.1. Minutes from April 3, 2018 Moffet moved to approve the April 3 minutes; Foley seconded the motion and it passed (6-0). 4.2. Resolution No. 17, 2018, An Inter -Governmental Agreement between Eagle River Water & Sanitation District and Town of Vail to install the Holy Cross Energy's Underground Infrastructure Moffet moved to approve Resolution No. 17, 2018, An Inter -Governmental Agreement between Eagle River Water & Sanitation District and Town of Vail to install the Holy Cross Energy's Underground Infrastructure; Foley seconded the motion and it passed (6-0). 5. Town Manager Report Presenter(s): Greg Clifton, Town Manager Clifton highlighted his report with a brief discussion about the Seibert Memorial funding raising efforts and creation of the committee and notice about two upcoming retreats. 6. Action Items 6.1. Vail Transit Stop Improvements Contract Award Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Award construction contract and supplement project budget as appropriate. Background: The Town of Vail has budgeted to construct transit capacity improvements at the Lionshead and Vail Village Transit Centers. The project has been publically bid, and one bid was received. Tom Kassmel presented the project noting that Kramer of North America is the only one who bid on the project. After some details were presented about the budget, Moffet moved to direct the Town Manager to enter into a contract with Kraemer North America, in the amount not to exceed $1,026,221.69, noting that the project bid was over budget so the supplemental funds of $175K would be used from saving from the West Vail roundabout & sidewalk repair project. Foley seconded the motion and it passed (6-0). 7. Presentations / Discussion 7.1. 2018 Burton US Open Snowboarding Championships Recap Town Council Meeting Minutes of May 1, 2018 Page 2 Presenter(s): Marc Murphy, Director of Partner Marketing, Burton Whitney Heingartner, Manager Partnerships, Burton Action Requested of Council: Information update only. Background: Burton US Open Snowboarding Championships event promoters will provide a 2018 event recap noting some of the community and economic benefits to the Town of Vail. Please note the presentation will only be a portion of the slides included in the packet in order to meet the 30 minute time limit. Marc Murphy, Director of Partner Marketing presented the recap of the 2018 US Open Snowboarding Championships, detailed presentation found in the town council packet. The results of the event and the feedback from the community and town council have been extremely positive. There was a review of Burton's 2020 sustainability goals in hopes of meeting standards of zero waste during the events. It was noted there was a $37M direct economic impact to the Vail by the attendees of the event. Town Council expressed appreciation to the Burton group for all their people and the planning efforts which have made this a successful world class event. 7.2. Presentation Regarding Wildfire and Emergency Evacuation Preparations Presenter(s): Dwight Henninger, Police Chief, Mark Novak, Fire Chief Background: The presentation will address an outlook about the upcoming fire season, wildland fire preparedness, evacuation preparedness and planning along with some recommendations. Fire Chief Mark Novak presented an overview of fire season outlook in Colorado and across western states. He also addressed the wildland fire preparedness activities that have taken place in Vail including the fuels reduction projects, fire -adapted Vail programs and evacuation planning. Police Chief Dwight Henninger presented information about evacuation preparedness and planning as well as the upcoming two emergency tests taking place May 2. 8. Public Hearings 8.1. Ordinance No. 9 Series of 2018, Second Reading, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-4 Regarding Misuse of a Wireless Telephone While Driving Presenter(s): Matt Mire, Town Attorney Background: On June 1, 2017 the Colorado General Assembly passes Senate Bill 17-027 regarding the misuse of wireless telephone while driving. The Town wishes to adopt certain provisions of Senate Bill 17-027. Moffet moved to approve Ordinance No. 9 Series of 2018, Second Reading, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-4 Regarding Misuse of a Wireless Telephone While Driving. Foley seconded the motion and it passed (6-0). Town Council Meeting Minutes of May 1, 2018 Page 3 Moffet moved to convene to an executive session (7:30 p.m.) 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: potential purchase, sale and lease of real property ; Foley seconded the motion and it passed (6-0). Moffet moved to adjourn after the exec session; Foley seconded the motion. 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 7:45 p.m. Attest:.—A1 AA A Respectfully Submitted, 400 Pre Chapi Mayor Town Council Meeting Minutes of May 1, 2018 Page 4 Vail Town Council Meeting Minutes Tuesday, May 15, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation 2. Scholarship Award Presentation 2.1. Recognize Colorado Grand Event and Colorado Grand Scholarship Award Presentation Presenter(s): Jenn Bruno, Mayor Pro Tem The Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County. The 2018 award will be given to a senior student, Juan Macias, who attends Battle Mountain High School. Ed O'Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that is in their 30th year. 2.2. Town of Vail Youth Recognition Awards Presenter(s): Scott, O'Connell, Jenn Bruno, Mayor Pro Tem The Town of Vail will recognize two local Vail students (and residents), Jason Macaluso, Battle Mountain High School, and Sarah Evans, Vail Mountain School, who will be recognized for their academic accomplishments, extracurricular activities (athletic, civic, performing arts) and leadership at their respective high schools. The Town has been a supporter of this program formerly administered and funded by the Vail Valley Exchange (no longer an active organization). The two schools submit the nominations for consideration by the selection committee (Mayor Pro Tem and Mr. O'Connell). 3. DRB / PEC UPDATE Town Council Meeting Minutes of May 15, 2018 Page 1 3.1. DRB / PEC Update Presenter(s): Chris Neubecker, Planning Manager 4. Consent Agenda 4.1. Resolution No. 15, Series of 2018, A Resolution Approving a Lease Agreement Between the Town of Vail and La Bottega Inc., and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 15, Series of 2018, A Resolution Approving a Lease Agreement between the Town of Vail and La Bottega Inc., and Setting Forth Details in Regard Thereto. Foley seconded the motion and it passed (7-0). 4.2. Resolution No. 16, Series of 2018, A Resolution Approving a Lease Agreement Between the Town of Vail and Mountain Grocery LLC; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 16, Series of 2018, A Resolution Approving a Lease Agreement Between the Town of Vail and Mountain Grocery LLC; and Setting Forth Details in Regard Thereto; Foley seconded the motion and it passed (7-0). 4.3. Resolution No. 19, Series of 2018, A Resolution Appointing the Pete Seibert Monument Fund Raising Committee; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 19, Series of 2018, A Resolution Appointing the Pete Seibert Monument Fund Raising Committee; and Setting Forth Details in Regard Thereto; Foley seconded the motion and it passed (6-1; Moffet opposed). 4.4. Street Names Signs Replacement Project Contract Award Moffet moved to approve the Street Names Signs Replacement Project Contract Award; Bruno seconded the motion and it passed (7-0). 4.5. Minutes from April 17, 2018 meeting Moffet Minutes from April 17, 2018 meeting; Foley seconded the motion on it passed (6-1; Bruno abstained). 5. Town Manager Report Clifton presented an update about fire department personnel being deployed in Texas, a grant funding request, and that McKenny and Henninger would serve in the lead while he was out on vacation the last two weeks of May 25, 2018. 6. Public Hearings 6.1. Pepi's Restaurant / Gasthof Gramshammer Appeal Presenter(s): Chris Neubecker, Community Development Director Town Council Meeting Minutes of May 15, 2018 Page 2 Action Requested of Council: The Town Council is asked to hold a public hearing on the appeal. The Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's decision of April 18, 2018. Background: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also replaces the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC18-0001) An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also replaces the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC18- 0001). The applicant has requested a Design Review Board permit for replacement of the yellow and white striped tent at Pepi's Restaurant. On April 18, 2018 the Design Review Board approved the request upon the condition that the Applicant also replace the awnings on the patio with the same design and color. Staff Recommendation: The Community Development Department recommends that the Town Council uphold the decision of the Vail Design Review Board. Mayor opened the public hearing for the appeal of the matter referenced above. The question to be answered by the Vail Town Council regarding this appeal is: Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10, Design Review Standards and Guidelines, properly applied in the decision to approve a request for replacement of the patio tent at Gasthof Gramshammer/ Pepi's Restaurant upon the condition that the Applicant also replace the existing awnings on the south porch in a matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1? Please review the packet materials for the timeline on the topic considered. • On April 19, 2018 the appellant submitted a formal letter of appeal concerning the DRB decision of April 18, 2018. (DRB18-0127) In the appeal letter (Attachment A), Gasthof Gramshammer / Pepi's Restaurant argues that the requirement of the Design Review Board to change the color of the awnings to match the yellow and white striped tent would be unattractive and would not do justice to the Gasthof Gramshammer Lodge. In the appeal letter, the appellant argues that the existing brownish -orange awnings are compatible with the color of the wood balcony above the awning. Presentation by staff: Chris Neubecker, Interim Community Development Director, presented the information, see background above. Presentation by the appellate: Sheika Gramshammer, owner and operator of the hotel, presented her basis for the appeal. Closing comments by staff: Neubecker noted that DRB has been consistent with its request and that there is some flexibility built into the code . Comments by appellate's witness: Town Council Meeting Minutes of May 15, 2018 Page 3 Ron Byrne, resident, spoke in support of the applicant's appeal; he preferred the awning remain as is. Town Council Comments: • Foley noted he was not supportive of stripes for both awnings, did stop by the hotel to observe the current color scheme and prefers that it remain.. • Langmaid noted her support similar to Foley's support. ■ Mason noted her support of the awnings now. ■ Chapin spoke about the guiding documents and would support the awning remain as is. • Moffet noted his preference that an appeal should have been heard on the July 2016 decision and not this one, would support the current awnings. ■ Bruno supported both what the others have shared, the current awning and a preference that the applicant should have followed procedures the first time round. ■ Coggin sided with DRB's decision and would not support overturning their decision. Foley moved that pursuant to Section 12-3-3, Appeals, Vail Town Code, The Vail Town Code was not properly applied in regard to the April 18, 2018 Design Review Board conditional approval DRB18-0127. Furthermore, the Vail Town Council finds that the use of a yellow and white striped tent on the tent and the brownish -orange awnings on the patio are compatible with the existing design of the building, and are compatible with the Vail Village Urban Design Guide Plan — Design Considerations, and Title 12, Zoning Regulations, of the Vail Town Code, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and noted that the Town Council hereby overturns the decision of the Design Review Board concerning the application for replacement of the tent and removing a condition of approval with application DRB18-0127 regarding the requirement of matching colors on the tent and awnings, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and that the Vail Town Council hereby grants the requested Design Review Board application, as originally submitted by the applicant to the Town of Vail.". Langmaid seconded the motion and it passed (6-1; Coggin opposed). 6.2. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities Presenter(s): Justin Lightfield, Planner Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations. Staff Recommendation: Staff recommends tabling this item to the June 19, 2018 Town Council meeting. Moffet moved to table Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Foley seconded the motion and is passed (6-0). Town Council Meeting Minutes of May 15, 2018 Page 4 7. Action Items 7.1. Exploratory Discussion for Survey Concerning Natural Area Preservation Rezoning (Middle Creek Subdivision) Presenter(s): George Ruther, Housing Director Action Requested of Council: Does the Vail Town Council authorize the expenditure of up to $7,500 to complete a more in depth analysis of the Tract A, Middle Creek Subdivision property to obtain additional objective information and data? Background: On April 17, 2018, the Vail Town Council instructed staff to return to a future Town Council meeting with an estimated cost to obtain more in depth objective information on the property. Based upon initial probable cost estimates, up to $7,500 will be required to obtain the next level of information. Staff Recommendation: If the Vail Town Council wishes to better understand the feasibility of residential development on the property in question, the town staff recommends the Town Council authorizes the expenditure as requested to obtain additional objective information and data. Moffet moved to table this item until the next meeting because of some technical difficulties (memo was not included in their materials); Foley seconded the motion and it passed (7-0). Jen Mason left the meeting at this time (approximately 7:30 p.m.) 7.2. Town of Vail Annual Resale Lottery Criteria Process — VLHA recommendation to Vail Town Council Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Chair of the Vail Local Housing Authority Background: The purposes of this agenda item are four -fold: 1. share the adopted Town of Vail Annual Resale Lottery Criteria Process, 2. summarize the Vail Town Council member's feedback from the public meeting held on April 17th, 3. present the recommendation of the Vail Local Housing Authority for amendments, improvements and enhancements to the criteria and lottery process consistent with the goals and objectives outlined above, and 4. outline the next steps for implementation of an amended process once adopted by the Vail Town Council. Staff Recommendation: The Vail Local Housing Authority recommends the Vail Town Council instructs the Town's Housing Department to take the steps necessary to implement the amendments to the Town's resale lottery process as outlined in the staff memorandum. Ruther presented the housing lottery process topics for discussion. Steve Lindstrom, VLHA Chairman, was present to review the recommendations, outlined in the memo, and as follows: 1. Clearly define and adopt goals and objectives for the Town's lottery criteria and process. Town Council Meeting Minutes of May 15, 2018 Page 5 2. Allow current residential property owners, including vacant residential land, to participate in the lottery with the understanding that they must either 1) deed restrict their current residential property for employee housing, subject to Town Council approval, or, 2) dissolve their interest in the real estate prior to closing on the new deed -restricted property. There was a great deal of discussion about this item; Clifton encouraged careful consideration in revising this lottery regulation too quickly as there may be some public perception issues with changing it. There was consensus to allow property owners to participate in the lottery; however, existing property would need to be deed restricted at the time of closing. 3. Phase out the weighted preference and tiered system and replace it with a true lottery process with preference, effective July, 2018. As an alternate option, replace the current system with a point system of preference that increases the probability that certain categories of persons (i.e., Vail residency, Vail business employee) are selected over another, yet still maintains an opportunity for all participating to be selected. To that end, the Vail Local Housing Authority recommends the following point system: ❑ Meet minimum lottery participation criteria = 1 lottery ticket ❑ Vail resident = 1 lottery ticket ❑ Vail resident for equal to or greater than 10 years = 1 lottery ticket ❑ Employed in Vail = 1 lottery ticket ■ ❑ Employed in Vail for equal to or greater than 10 years = 1 lottery ticket Generally speaking the lottery ticket system proposed was supported. Next steps on the topic included an additional discussion on June 5 with review of an administrative lottery process followed by adoption on July 3. The current master lottery list will remain in place until the new process is adopted. Public comment was invited and none was made. 7.3. Resolution No. 18, Series of 2018, A Resolution Approving an Amended and Restated Development Agreement Between the Town of Vail and Vail Clinic; and Setting Forth Details in Regard Thereto Presenter(s): Matt Mire, Town Attorney and Tom Kassmel, Town Engineer Background: The Town must ensure that certain obligations of VVMC are met as the hospital completes the West Wing and begins redevelopment of the East Wing. To that end, WMC is prepared to commit to the obligations in a Development Agreement, to demonstrate its commitment to the entire redevelopment. Town Attorney Matt Mire presented Resolution No. 18 as the Development Agreement between Town of Vail and Vail Health. Tom Braun, Braun & Associates, and Craig Cohn, Vail Health, were present to answer questions. There was brief discussion about Section 3 which addresses the public and project improvements. Mire described the costs covered by the town, which covers the construction of the bus stop, see below: Town Council Meeting Minutes of May 15, 2018 Page 6 3. Public and Project Improvements. a. Public Improvements. In addition to VVMC's other obligations under this Agreement, VVMC shall construct and install the public improvements required for the Project in accordance with the applicable ordinances, codes and regulations and as described in Exhibits D-1, 0-2, 0-3 and D-4 attached hereto and incorporated herein by this reference and more fully discussed in this Section 3.a below (the "Public Improvements"). Construction of the Public Improvements shall be substantially completed prior to the issuance of the first certificate of occupancy for the East Wing. All references in this Agreement to VVMC maintaining a Public Improvement shall mean maintaining such Public Improvement until such time as it- is accepted by the Town, in accordance with applicable Town ordinances and regulations. Notwithstanding the foregoing, VVMC shall maintain landscaping and sidewalks up to the curb line of the adjacent streets pursuant to Town Ordinances and regulations. The Public Improvements include, without limitation, improvements to South Frontage Road and West Meadow Drive, as follows: There was no public comment on the matter. Moffet moved to approve Resolution No. 18, Series of 2018, A Resolution Approving an Amended and Restated Development Agreement Between the Town of Vail and Vail Clinic; and Setting Forth Details in Regard Thereto; Bruno seconded the motion and it passed (6-0). 7.4. Vail Nature Center Update and Request for Funds Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: Approve a supplemental budget in the amount of $95,500 for the VNC project bring the total current budget to $151,000. Background: The purpose of this discussion is to request supplemental budget funding by the Town Council for the continued on-going work on the Vail Nature Cerij;er (VNC) short-term actions intended to allow continuation of the VNC programming by the Walking Mountains Science Center. The total estimated cost of the short-term actions is approximately $151K. The current fund balance in the Vail Nature Center RETT account (RMT025) is $55,454 creating a projected budget shortfall of $95,500. Todd Oppenheimer presented the request for funding, described above, and to be included in the town's next supplemental budget ordinance scheduled for consideration on June 19. There was some discussion about the logistics of the project, placement of the yurt, and parking. Foley noted his support that the town remove the VRD from the arrangement of providing the programming. Moffet moved to approve a supplemental budget in the amount of $95,500 for the VNC project bring the total current budget to $151,000; Bruno seconded the motion and it passed (6-0). There were no public comments. 7.5. Renewal of TIGA Transit Advertising Agreement Presenter(s): Greg Clifton, Town Manager and Matt Mire, Town Attorney Background: Current advertising agreement renewal date is May 30, 2019. Per Council's request, this amended contract will renew for a period of three years. Town Council Meeting Minutes of May 15, 2018 Page 7 Moffet recused himself at this time due to a conflict of interest as TIGA Advertising is his company. There was a brief discussion highlighting the revisions to the agreement, i.e. the renewal terms, the timing of payments due, the penalties and interest amounts, and further updates made to ensure compliance with state statutes about contracts and agreement. There was no public input. The Town Attorney noted that the contract arrangement is about the vendor paying the Town of Vail and not the Town of Vail paying the vendor. Bruno moved to approve TIGA Transit Advertising Agreement with a renewal date of 5/30/19. Foley seconded the motion and it passed (5-0). No public comments were heard on this topic. 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 8:45 p.m. Attest: Respectfully Submitte•,) L _� apin, ayor Town Council Meeting Minutes of May 15, 2018 Page 8 Vail Town Council Meeting Minutes Tuesday, June 5, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Taylor Gardarian, local resident, requested town council draft a letter supporting a gondola from West Vail to Eagle's Nest on Vail Mountain. John McMurtry, Colorado Snowsport Museum invited town council to attend the June 23 ribbon cutting of the newly renovated museum and thanked the town for its financial support. Caitlyn Murray and Jason Denhart, with Bravo! Vail, made introduction in their new roles as Executive Director and Vice President of Business Development. They thanked the town council for their support of Bravo! Vail and noted they would return with a preview of the upcoming season at the next meeting. 2. Consent Agenda 2.1. Minutes from May 1, 2018 meeting Moffet moved to approve the May 1, 2018 minutes; Foley seconded the motion and it passed (7-0). 2.2. Minutes from May 15, 2018 meeting Moffet moved to approve the May 15, 2018 minutes; Foley seconded the motion and it passed (7-0). 2.3. Resolution No. 21, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Regarding Collection of Sales Tax on Vehicles Sold and Registered in the Town of Vail; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 21; Foley seconded the motion and it passed (7-0). Town Council Meeting Minutes of June 5, 2018 Page 1 2.4. Resolution No. 22 Series of 2018, A Resolution to support a partnership between the Town of Vail and ChargePoint, Inc. on the Alt Fuels Colorado DC Fast Charging Corridors Grant Program Moffet moved to approve Resolution No. 22; Foley seconded the motion and it passed (7-0). It was noted that Staff recommended the arrangement with Chargepoint, Inc. establishing a partnership for their application to the Alt Fuels Colorado DC Fast Charge Corridor Grant Program as this particular vendor is the preferred one on the 1-70 corridor. 2.5. Resolution No. 23, Series of 2018, A Resolution Approving a Mutual Aid Agreement Between the Town of Vail and Summit Fire and EMS Regarding Emergency Assistance; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 23; Foley seconded the motion and it passed (7-0). 3. Town Manager Report 3.1. Summer Parking Update Presenter(s): Greg Hall, Public Works Director Hall has presented an update about the impacts on summer parking with the change in charges to overnight parking. He presented an exempted lodging parking map that depicted the lodge locations that are currently eligible for any overnight stay voucher, parking at "no charge". There was some discussion about providing information to the restaurants/bars about the town's program to leave your car in the parking structure at no charge if one is unable to drive; staff would be proactive about sending the message to the business community (restaurants especially). There was also a request to keep the counts about how many vouchers are provided the guests. The program will be evaluated at the end of the season by the parking task force and town council members. Other updates: Krista Miller, Human Resources & Risk Management Director, presented an update about the recently installed acoustical panels installed to assist with the quality of sound in the meeting room. She also presented a device that would assist with the audio quality. Mark Novak, Fire Chief, reported on the fire occurring in southwest Colorado noting that four Vail firefighters are assisting over the next couple of weeks. He noted he would present an update about July 4 fireworks at the June 19 meeting. 4. Presentations / Discussion 4.1. 2018 Open Lands Plan Update (PEC17-0049) Presenter(s): Chris Neubecker, Interim Community Development Director, and Tom Braun, Braun & Associates Action Requested of Council: The Town Council is requested to consider a proposed update to the 1994 Comprehensive Open Lands Plan, pursuant to Section 12-3-7, Amendment, Vail Town Code. Background: The current Open Lands Plan is 24 years old, and needs updating. The goal of the planning process was to update the 1994 Comprehensive Open Lands Plan to provide a Town Council Meeting Minutes of June 5, 2018 Page 2 framework for effectively implementing actions to achieve Vail's goals for the preservation of open lands, the development of trails, and the use of town lands. On April 26, 2018 the Planning and Environmental Commission voted 5-0 to recommend that the Town Council adopt the 2018 Open Lands Plan Update, as presented. Tom Braun, Braun Associates, Inc. noted the evening's presentation would be broad and general and additional meetings would allow an opportunity to review more of the details of the Comprehensive Open Lands Plan. His presentation addressed some of the following components: Need for Update and Planning Process, Overview of 2018 OLP Update, PEC Review, Key Discussion Points. See town council packet materials for full presentation. Council requested that each Action Item be reviewed separately at a future meeting. The table below shows the Action Plan and Implementation Steps: SUMMARY OF RECOMMENDED IMPLEMENTATION STEPS *ori Program - Town staff to meet annually with the Town Council to define priorities and establish a work progr ri and budge: for implementing the goals of the Open Lands Plan Environmentally Sensitive Ltlnds Desronated ©pen Space Board of Trustees Assign members to, and reconvene, this Board Desronated Oren Snare - With assistance from a Citizens Task Force, analyze Me 26 parcels that currently quarry to be Designated Open Space and make recommendations endations on which parcels, II any. should be considered for designated Evacuate the Des+gnaled Open Space process lo rdentrty potential Charter amendments that could improve the effectiveness of the program Cons r :tion :mien's - With 1h assistance front a Citizens Task Force, evaluate the appropnateness of establishing conservation easements on Town-ovaied landsand identity lands that c0u0 benefit from protection l onservatlon easement. Acton Plan - Reach out to owners of environmentally sensithe lands +tdentrfrted for acgcesiton or protection on the Acton Plan, monitor the availability d such parcels Town -Owned Lands and Use of Lends Biodiversity - Innate a comprehensive study of lands containing important bodrvers 1y values, such as vegetabon, aquatic resources, npanan and vMtllrfe habitat, to understand existing conditions to identify programs Ice the enhancement of these resources. Develop formal policies for the management of Twin -owned lands fpr bodwersrty Maintenance of Town -owned I, ands - Develop a program for maintenance of the Town's open lands, open space and trails Identify lurking requirements for such programs. Wildfire and Safety - Coordinate the efforts of Vail Fire 8 Emergency Services 10 manage vegetation to mnmrze the potenual threat of wiklfute in and around Vali with other Town management efforts Acton Plan - Reach out to owners of parcels etdenbrled Tor acqursrion on the Acton Plan, monrtor the availability of such p cels. Trail Pubic Education - Implement a public education program addressing how tram use affects wildlife, the importance of respecting trail closures, and how to be respected and sensitive to wildlife resources when using trails Wildlife Hat>vtat Enhancement - Work with Colorado Parks and uridine and the United States Forest Service to collaborate on programs to enhance wddlrfe habitat. Seasonal Trail Closures - Work with Colorado Parks and Wildlife and the United Stales Forest Service to improve compkance with seasonal closlres via education, enforcement and installation of gates at tratheads. Trails Plan - Initiate a comprehensive trails plan process to include the evaluation and further study of trad ideas identified m this Plan and a comprehensive environmental and *Wile analysis to be used in future decision-making regarding any new trait development. Trail -free Zones - As an element of the comprehensive environmental and wildlife analysis, refine the recommended trait -tree zones identified on Inc Conceptual Trans Plan and coordinate with the United Stales Forest Service on actions that wild be taken to establish trarl- free acnes. A -tom - As may be necessary depending upon the outcome of detailed trail planning, reach out to owners of parcels indentified for the acquisrtlion of easements necessary to trail developmer1 CWattoraborts • As may be appropriate, coordinate with other organa limns such as Val Resorts and Eagle County on Inc Naming and evaluation of potential new trails. Community Outreach • Establish outreach programs targeted to both karats and visitors to provide ntommabon on trail use, trail etiquette and trail opportunities In the area. Signage and Watlfindieq • Evaluate existing signage, wayfinding and maps and prepare a comprehensive program for improving signage Lxrstino Trar neesil - Wok wrttn fare t,lrtded States Forest Service on the maintenance and mairagement of eristrnq trails and traidtieads. Invoke other stakeholders In this effort Town Council Meeting Minutes of June 5, 2018 Page 3 Other highlights from Braun's presentation included: ✓ Lands divided up into 1) environmentally sensitive lands, town -owned lands, use of lands, trails, and action plan steps ✓ Top priority was protection of the lands ✓ Identified 16 environmentally sensitive land parcels for acquisition or protection ✓ Consider use of "conservation easements" and expanded use of designated open space ✓ Trails were a priority with public discussions and great sensitivity to wildlife and the environment was a priority ✓ Related to trails were numerous recommendations which included 1) trail -free zones, 2) public outreach/education; 3) enforcement of seasonal trail closures, 4) habitat enhancement ✓ Identified some criteria when evaluating trail idea concepts Mayor Chapin invited public comment at this time. Bill Hoblitzell, resident of Minturn and Vail Valley Mountain Bike Association, thanked and praise town staff and Tom Braun for their efforts with the process and plan and noted his support of the draft document. Jim Daus, Executive Director, Eagle Valley Land Trust, expressed appreciation to those working on the updates including all the stakeholders; he spoke about the role of the land trust and conservation easements. He noted several discrepancies with the language and offered to assist in getting clarity on what their group offers. Pete Seibert, Jr. 2381 Upper Traverse Way, expressed appreciation to those involved in the project and asked about how to get from the silver to gold with the mountain biking designation. He requested that the vision of the trails be defined, that there is a process that protects the wildlife and the user, and that there is a developed protocol and process for reviewing trails and this needs to be consistent, Including existing social trails — i.e. the Vail trail. Chapin noted there would be more detailed council review and discussion as well as public input allowed with the upcoming summer meetings. There next discussion would occur June 19 at which time a proposed "roadmap" for the review process would be presented. 5. Action Items 5.1. Exploratory Discussion for Survey Concerning Natural Area Preservation Rezoning (Middle Creek Subdivision) Presenter(s): George Ruther, Housing Director Action Requested of Council: Does the Vail Town Council authorize the expenditure of up to $7,500 to complete a more in depth analysis of the Tract A, Middle Creek Subdivision property to obtain additional objective information and data? Background: On April 17, 2018, the Vail Town Council instructed staff to return to a future Town Council meeting with an estimated cost to obtain more in depth objective information on the property. Based upon initial probable cost estimates, up to $7,500 will be required to obtain the next level of information. Town Council Meeting Minutes of June 5, 2018 Page 4 Staff Recommendation: If the Vail Town Council wishes to better understand the feasibility of residential development on the property in question, the town staff recommends the Town Council authorizes the expenditure as requested to obtain additional objective information and data. Ruther presented the information that would help council determine if they wanted to move forward with some exploration on a certain property; getting more objective data about the land and development feasibility. Council provided some comments as follows: ✓ concern about spending the money to even consider rezoning the preservation area; why would the town do this ✓ concern about moving forward with a review of only one location ✓ include this as part of the open lands plan update discussion ✓ review all natural area preservation properties at the same time ✓ having more info about parcels is better than not knowing anything about the parcels Langmaid moved to authorize the expenditure of up to $7,500 to complete a more in depth analysis of the Tract A, Middle Creek Subdivision property to obtain additional objective information and data? Mason seconded the motion. Chapin invited public comment. Diana Donovan, resident, explained that the property was zoned NAPD to protect the land from development and development should not be an option on that site. Encourages the town council to keep the balance and protect the lands that have been zoned accordingly. The motion passed (4-3); Coggin, Foley, Langmaid, Mason supported the motion; Chapin, Moffet, Bruno opposed the motion). 5.2. Town of Vail Resale Lottery Criteria Process Amendments — VLHA recommendation to Vail Town Council Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Chair, Vail Local Housing Authority Action Requested of Council: Approve the resale lottery process as recommended and instruct staff to return to the Vail Town Council public hearing on June 19th with a resolution adopting the Town's resale lottery process for 2018. Background: The Town's resale lottery process has remained unchanged for nearly 20 years. During that time, many factors affecting housing and the resale lottery process have changed. As a result, the Vail Town Council sought the advice of the Vail Local Authority on how best to amend the resale lottery process. This agenda item identifies the amendments, enhancements and improvements recommended by the Vail Local Housing Authority. Staff Recommendation: The Town of Vail Housing Department recommends the Vail Town Council provide instruction on how best to address lottery participation by owners of free market residential property and instruct staff to return to the Town Council meeting on June 19th with a resolution adopting proposed amendments to the resale lottery process. George Ruther presented the agenda topic. Mary McDougall VLHA, was also present for the discussion. Some of the topics discussed are outlined below, per the memo. Town Council Meeting Minutes of June 5, 2018 Page 5 The Vail Local Housing Authority recommends the following point system: ['Meet minimum lottery participation criteria = 1 lottery ticket ['Vail resident = 1 lottery ticket ❑Vail resident for equal to or greater than 5 years = 1 lottery ticket ['Employed in Vail = 1 lottery ticket ❑Employed in Vail for equal to or greater than 5 years = 1 lottery ticket Maximum Total 5 lottery ticket There was also some discussion about the ability to participate in a resale lottery and purchase a deed -restricted home, if selected, should the applicant presently own free-market residential property in Eagle County. There was general consensus that the participation in the lottery should not be curtailed or otherwise limited. Vail InDEED participants are eligible for participation. The unresolved question was whether a lottery winner could own multiple deed -restricted properties, assuming the terms of the deed restrictions could be met. Possible answers to this question included the 3 options below; there was support for the first suggestion: 1. No, the winner must sell the free-market property prior to taking possession of the deed - restricted home. 2. Yes, if the winner agrees to deed -restrict the free market property, subject to Town Council acceptance, prior to entering the lottery. 3. Yes, if the winner deed -restricts the free market property, subject to Town Council acceptance, prior to taking possession deed -restricted property and maintain ownership of both properties. To facilitate the discussion, it may be helpful for the Town Council to provided answers to the following questions: With general agreement about the recommendations, staff noted they would return on June 19 with the final lottery criteria. 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: � tfully 'I b tt-d, ave Chapin, . a .r V Pa �n y y, Towrr1: Town Council Meeting Minutes of June 5, 2018 Page 6 Vail Town Council Meeting Minutes Tuesday, June 19, 2018 10:00 A.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 10:00 A.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Greg Moffet Member absent: Jen Mason Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Site Tour of Town -Owned Facilities used by Vail Recreation District Presenter(s): Mike Ortiz, Vail Recreation District Background: Mike Ortiz, Executive Director, and Members of the Vail Recreation District have invited Town Council to tour town owned facilities used by VRD for recreational programming. There will be visits to the following facilities, Imagination Station, Dobson Ice Arena, Vail Gymnastics Center, Vail Tennis Center, Vail Athletic Fields, and Vail Golf and Nordic Clubhouse. The tour will provide an opportunity for VRD to show the facilities and review the operations at each one. The tour finished and the council meeting continued at 1:30 p.m. 2. DRB / PEC Update Presenter(s): Chris Neubecker, Planning Manager There were no call-ups on any items. 3. Presentations / Discussion 3.1. 2017 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 2017 audited financial statements are presented for Council information; no action requested Town Council Meeting Minutes of June 19, 2018 Page 1 ✓ T 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 made available for public inspection at the municipal building. The 2017 audit was conducted by McMahan and Associates, LLC. A presentation was given by Finance Director Kathleen Halloran, see memo in council packet materials. Michael Jenkins, McMahan and Associates, highlighted the Independent Auditor's Report (full report included in council packet), as well as the Management Disclosure and Analysis Report. In summary, Mr. Jenkin's presented their firm's opinion as follows; Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, each major fund, land the aggregate remaining fund information of the Town of Vail, Colorado as of December 31. 2017, and the respective changes in financial position and where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. There were comments made about volatility, the town's projected reserve amounts, and the increasing demands on the RETT and CIP funds. It was noted that the town has been in a unique position to be able to fund many of its capital projects. There were also comments about the need to be cautious with spending the fund balances in the future. 3.2. 2018 Open Lands Plan Update - Timeline and Review Process Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: At the June 5, 2018 meeting, Council directed staff to facilitate a review process for the 2018 Lands Plan. Update that will ensure a comprehensive and thorough review of the plan update as a precursor to Council taking action on the plan. We ask that the Town Council review the proposed timeline and review process and provide feedback to Staff to confirm our understanding of the public hearing process and plan review timeline. Background: The review of the 2018 Open Lands Plan Update will require multiple meetings. In order to ensure a thorough review of the different aspects of the Plan, Staff recommends breaking the review into manageable segments. Staff Recommendation: Staff recommends the Town Council review the proposed timeline and review process and provide feedback on any changes that may be required. Chris Neubecker, Planning Manager, introduced the topic and presented a summary of the timeline and review process, noting past and future meetings will be proposed for reviewing the open lands plan, see chart below. A request was made for a separate meeting to address "wildlife". Tom Braun, Braun & Associates, Inc., also introduced some ideas about reviewing the material; they may include USFS representatives and other officials with the discussion. A request was made for ensuring there is input from many resources regarding wildlife as it is important to rely on the local sources; some did not want to include a conversation about trails and wildlife. Other factors considered are listed as follows: • Need a multi faceted approach to reviewing the topic • Include wildlife bullet point with each conversation • Maybe there is an underlying discussion about policy that needs to happen Town Council Meeting Minutes of June 19, 2018 Page 2 • Need facts & beliefs with the discussion • Let's prevent the extinction of wildlife populations ■ Schedule out four meetings • Would prefer the use of site visits with the discussion 2018 Update to the 1894 Camoretensive Ogen Lams Plan INTRODUCTION ll1,9 AiPga�". 611 II, ;-3t i, i Mx1 1 o tiN Wrr.e L[ irio i fMeer!mitctintali /fin 4 Introduction overview of tine GIP Open Lands Flan Update Suppestied apprpa eh to Councils review Disci -mon of Council .1 eerier._: lerprrnfcn or draft Speclfle qu cations comer crier of C... -CI F[f�M/`O.�f,1�f�Y1C�l�lt�J�lb`l T�eetiIIQ��'f.� J- .LJ��-Ilb3i 'rails. , p�pRo I . ' J 'V planprocess resulb Mout r1 p Community a. Mb update oracces 2010 Joaalr proem cerview of Chapter 2 1. 8Overview '...lro'a recommended for aequtsMon'owtrelton Methpdc for prntrctinp srnotMc land: Action liens Inp.rmcnta• Woe Steps bnpieallons. rciatbnerta of Chapter : with rest of the plan Summary of rrMcmcnas '44 plan process. n1 0i Cunfty in p....1 if.rind gmm 0 I, update proeeu 201a Update moo.: Overview 0f [floater! Gstilfry town lands and L n& recommended Per potcntbl acq.tottion Acton Items and ImpiCTentallon Steps Imlplcanena: relationship of Chapter 3 oath rest oil 0se plan 5yrnm airy of refined en b '11 plan, DroaCss. renulb Community Input durtno lrva update process 2010 Update process Overview of Chapter a Fr000sed Vail ideas' 64.0:bopped Thom consideration Action 110,0, and Implementation Steps ler okatiofL'relatlo.Y ship of Chapter 4 with rcrt of the plan S.nmrury of refinements haltetrtgift .. • , t Presentation of Reline Draft pefarc Draft I11Rre Draft revised plan Consideration of Fallow up as iscomsary taloa. uo as no:emery Fotlow up as nom:nary reaoluWn for appNnai 3.3. Commercial Ski Storage Review Presenter(s): Jonathan Spence, Senior Planner Background: The purpose of this discussion is to update the Vail Town Council regarding the Town's policy concerning the regulation of commercial ski storage, ski valet and ski concierge services. The desired outcome of this discussion is for the Town Council to recommend that the proposed amendments be reviewed by the Planning and Environmental Commission for a recommendation prior to returning to the Town Council in the form of an ordinance. Jonathan Spence, Senior Planner, presented an update about some proposed amendments to the Vail Code addressing issues related to ski storage, with a focus on 1) clarifying what is and is not considered commercial ski storage, and 2) clarifying ski storage as part of a lodge or dwelling unit. He noted in the memo, that in an effort to provide the community, retailers and code enforcement with a better understanding of what does and does not constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber and Business Association recommended the following additional language be added to the definition section (Section 12-2-2) of the Vail Town Code. New language proposed is shown in bold, per the council packet memo: COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards, boots and poles) and/or clothing used in skiing related sports, which is available to the public or members, operated by a business, club or government organization, and where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use may have, but does not require, the following components: A. Personal lockers, B. Boot dryers, Town Council Meeting Minutes of June 19, 2018 Page 3 C. Ski storage racks, D. Ski tuning, E. Food and beverage service, F. Areas for congregation and/or socializing, G. Restrooms and/or shower facilities, H. Nonwinter activities, I. Concierge ski services, J. Retail sales, K. Business center. Ski storage that is part of a lodge, or dwelling unit, in which a fee is not charged and is located within the lodge or dwelling unit, is not considered commercial ski storage/ski club. The following activities, when accessory to a retail operation, shall not be considered ski storage: A. The outdoor display of skis or skiing related equipment that is available for sale, available for rent, rented or recently serviced. Outdoor display is subject to requirements of Section 12- 14-21: OUTDOOR DISPLAY OF GOODS. B. The indoor storage, on levels of a building other than the basement or garden level, of skis or skiing related equipment that is available for sale, available for rent, rented from the same business or recently serviced. A number of meetings have been held with stakeholders, August, September and October of 2017. There was approval from the town council for the staff recommendations and the next step of sending them to PEC for review. Staff would return with a draft ordinance on this matter in the near future. 3.4. Vail America Days Update Presenter(s): Mia Vlaar, Economic Development Director, Mark Novak, Fire Chief Action Requested of Council: Informational only. Background: Review Vail America Days planning with highlights about Council participation, sustainability efforts, Vail Health access, status and options for fireworks, and viewing route. Several topics were addressed as follows: ✓ Parade marshals include Elaine & Art Kelton ✓ The theme is America's Great Outdoors ✓ Vail Health Access: the parade route is the same; some viewing route changes have been made due to construction at Vail Health ✓ Sustainability Efforts: including water filling stations, gas vehicle reduction initiatives, event souvenirs will not be used only candy ✓ Other New Elements: including an announcement and filming platform ✓ Fireworks Display: recent rains have helped but the fireworks permit has not yet been issued; they will wait and watch the weather before making final determination; fireworks have been ordered but can be used during New Year's Eve celebration ✓ Additional comments addressed changes to 2019 route including the idea of switching the direction of the parade from west to east; there are some challenges that would need to be addressed related to staging, etc. ✓ What are rules with personal fireworks : nothing is allowed with the Stage One Fire Restriction status Town Council Meeting Minutes of June 19, 2018 Page 4 3.5. Update and Discussion on Community Bike Share Presenter(s): Mark Hoblitzell, Environmental Sustainability Coordinator Action Requested of Council: Does the Vail Town Council support the Climate Action Collaborative recommendation on bike share and use of staff time to develop a countywide bike share program? Background: The Vail Town Council initially discussed bike share in a work session in August of 2016. Since that presentation, bike share has seen rapid growth, particularly with electric assist bikes, electric scooters, and dockless systems that can be launched at little to no cost to the community. Bike share programs exist in many resort communities such as Aspen, Avon, Jackson, Park City, and Sun Valley. Staff Recommendation: Staff recommends that the Vail Town Council support the CAC recommendation on bike share and direct staff to continue working with regional partners on the development of a countywide system. Staff will return with further discussions on system design, implementation, and budget. Mark Hoblitzell, Environmental Sustainability Coordinator, made his presentation addressing a countywide bike share program which is part of the Climate Action Collaborative, and included discussion about the following: 2009 Environmental Sustainability Strategic Plan Goal #6 — Reduce the environmental impact of transportation by supporting efforts) within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. Objective #2 - Establish collaborative partnerships for improved use of mass transit. Objective #3 - Increase bicycle use and alternative low impact modes of transportation. He explained what a bike share program offers and described other regional resort programs. He noted that the Climate Action Collaborative addressed such a regional bike share system program that would run through one government body, likely ECO. There were some concerns expressed about programming, such as: • "who" would really use the program with bus services already offered • a solution to a problem that did not exist • how would the program would be financed; is it funded regionally • Has the business community provided feedback on such program? There was not full support to move this effort forward in developing this program; there was a split between those supporting it and those not supporting it. Mason arrived just after the discussion concluded and did express her support of the programming. Council did support staff continue conversations with the Vail business community about the bike share program. 3.6. Bravo! Vail Update Presenter(s): Jason Denhart, VP of Development, Bravo! Vail Town Council Meeting Minutes of June 19, 2018 Page 5 Action Requested of Council: Informational only. Background: Preview upcoming 2018 Bravo! Vail season and 2019 new programming. A Bravo! Vail update was presented. 3.7. Presentation of 2018 Community Survey Results 6 Presenter(s): Suzanne, Silverthorn, Communications Director, Chris Cares, RRC Action Requested of Council: Review the top-level results of the Community Survey as presented, ask questions and determine if other discussions are of interest as additional follow up. Background: The Town of Vail Community Survey is a key measurement used by the Town Council and staff to probe public policy issues and solicit feedback on other topics of community interest. It is also used to measure the town's operational performance. Conducted every other year, the 2018 survey was fielded in late -March with responses collected through April 30. Chris Cares, RRC, spent some time reviewing the community survey results with some highlights as follows: ✓ New questions were included in the survey ✓ Department ratings were up overall ✓ Parking continues to get a lower rating ✓ Responses to the "right track wrong track" question showed a slight reduction in the "Right track" answer; may have been a result of the short term rental & parking challenges ✓ Community support continues for environmental sustainability, public safety and transportation ✓ Community responses gave strong financial support to the environment and housing programs ✓ Conversations will continue about how to engage more people with the survey ✓ There were many comments to the open ended questions and a link to a portal to review them was provided Vail Town Council _ The open-ended cLestions can be accessed by web access at Town of Vail Community Survey 2018 Tovm of Vail Convnunity Survey 2018 Town Council thanked and commended Silverthorn and Cares on their work with the community survey over the years. 4. Information Update 4.1. VLHA Meeting Results 5 min. 4.2. DRAFT meeting minutes from the CSE meeting on June 6, 2018 Town Council Meeting Minutes of June 19, 2018 Page 6 4 4.3. VEAC meeting minutes from June 12, 2018 5. Matters from Mayor, Council and Committee Reports 5.1. Matters from the Mayor, Council and Committee Reports Presenter(s): Dave Chapin, Mayor Chapin: • Suggested the Vail Local Housing Authority should meet regularly in the council meeting room. There were some who thought it was acceptable for the VLHA to meet in other meeting rooms throughout the town offices especially in light of the shortcoming of the council chambers, i.e. chairs, no conference table, etc. . Langmaid: • Suggested the town use an indicators dashboard to show status and trends with different economic indicators and that it be available to the public as it would also support the sustainable destinations action items • Thanked Molly Eppard and AIPP for the amazing Stickwork project at Ford Park. • Concerned about wildlife on 1-70 getting killed and what could be done to prevent it Mason: • Suggested they don't follow a vehicle in the parade Coggin • Thanked those who assisted with and attended the Vail Valley Young Professionals cocktail hour; said it was great to interact with the elected and the young professionals Bruno • Reminder that the north trail opening is upcoming soon • Make sure bike path is free from vehciles • Congrats to those involved with the Stickworks project; the grand opening is on Friday 4 pm to 6 pm with artist Patrick Daugherty Moffet • Requested the Library consider providing digital access to the Wall Street Journal Foley • Thanked PW for painting crosswalks • Why are landscape companies blocking the roads; time for some enforcement • Suggested a review of a letter regarding the Land and Water Conservation Fund 6. Executive Session 6.1. Executive Session pursuant to C.R.S. 24-6-402(4)(b)(e) — to receive legal advice on specific legal questions and to develop a strategy and instruct negotiators, regarding Solar Vail work force housing project, litigation update, and other legal matters. Presenter(s): Matt Mire, Town Attorney Moffet moved to convene to Executive Session to review topics identified above (5:06 p.m.) Foley seconded the motion and it passed (6-0; Mason absent). The executive session adjourned (5:30 p.m.). 7. Break The regular meeting reconvened again at 5:45 p.m. Town Council Meeting Minutes of June 19, 2018 Page 7 8. Consent Agenda 8.1. Resolution No. 24 Series 2018 Amending the Town of Vail Employee Housing Guidelines to Facilitate the Incorporation of Amendments made to the Resale Housing Lottery Process Moffet moved to approve Resolution No.24; Bruno seconded the motion and it passed (6-0; Mason absent). 9. Action Item 9.1. Resolution No. 25. Series of 2018 - A resolution approving the second amendment to the Development Agreement between the Town of Vail, The Vail Local Housing Authority and Sonnenalp Properties, Inc.; and setting forth details in regard thereto. Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 25, Series of 2018 Background: The Town of Vail, Vail Local Housing Authority and Sonnenalp Properties, Inc. have entered into a development agreement to facilitate the construction of 65 new deed - restricted apartments in the Town of Vail. The parties wish to amend said agreement a second time to acknowledge an increase in the total number of "restricted units" in the development. Staff Recommendation: The Town of Vail Housing Department recommends the Vail Town Council approves Resolution No. 25, Series of 2018, as read. George Ruther, Housing Director, reviewed the matter. Moffet moved to approve Resolution No. 25; Bruno seconded the motion and it passed (6-0; Mason absent). There was no public comment on the topic. 9.2. First Reading of Ordinance No. 11, Series 2018, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, and Real Estate Transfer Tax Fund Presenter(s): Kathleen Halloran, Director of Finance and Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 11, Series 2018. Finance Director reviewed the memo from the council packet, addressing Mid -Year Revenues, Reserves, the Budget Supplemental requests, and highlight about all funds, Capital Projects, RETT, Housing Fund. (see memo for details). She noted that reserves are projected to total $47.7 million at the end of 2018. There was a review of three proposals for funding during the "off -cycle' timeframe, including a request from VRD for field maintenance costs at Eagle -Vail, a Vail Holiday ice skating festival, and Vail International Dance for marketing. A review of the funding request for housing InDeed program was discussed; the request for funding was $1.5M. Steve Lindstrom and Molly Morales, VLHA, commented on the programming noting they would like to fully market the program in the near future but want to ensure there is a funding source. There are requests pending in the amount of $700K plus. Town Manager Clifton expressed Town Council Meeting Minutes of June 19, 2018 Page 8 support for housing initiatives but concern about 1) the current structure with the VLHA and the Town staff, 2) the process for the decision-making for the deed restriction program, and 3) the current funding reserves for both the Capital and RETT funds noting that continued funding for the Vail InDeed program from these two funds is not sustainable. Council comments were heard at this time and there was general support of funding the housing deed restriction program at this time with capital funds. There was also support expressed for moving forward in 2129 to identify a permanent funding source for funding housing. Chapin invited public input and Mac Grusbeck offered his support of the Vail InDeed program. Moffet moved to approve Ordinance No. 11, Series 2018, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, and Real Estate Transfer Tax Fund ; Bruno seconded the motion and it passed (5-1; Foley opposed, Mason absent). 10. Public Hearing 10.1. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Presenter(s): Justin Lightfield, Planner Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon second reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations. Staff Recommendation: Staff recommends that the Vail Town Council table this item to the meeting of July 3, 2018. Moffet moved to table until July 3rd Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities; Foley seconded the motion and it passed (6-0; Mason absent). There were no public comments on the matter. 11. Town Manager Report Presenter(s): Greg Clifton, Town Manager Several highlights were presented: ✓ Future review of the Vail Police Department "year in review" ✓ Status of recruitment for Community Development Director ✓ Update about some IT needs Town Council Meeting Minutes of June 19, 2018 Page 9 ✓ Status of recruitment for Assistant Town Manager 12. Citizen Participation There was no one who stepped forward with citizen comments. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 6:25 p.m. Attest: Respectfully Submitte Dave Cha •' , Mayo Town Council Meeting Minutes of June 19, 2018 Page 10 Vail Town Council Meeting Minutes Tuesday, July 3, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1A. Consent Agenda (This item was considered during the Afternoon Session) 1.1. Resolution No. 26, Series 2018, A Resolution Approving a Mutual Release of Restrictive Covenant Amended and Restated Development Agreement Between the Town of Vail and Alejandro Gonzalez Cimadevilla; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 26; Bruno seconded the motion and it passed (7-0). 1.2. Resolution No. 27 Series of 2018, A Resolution Approving an Intergovernmental Operations Agreement Red Sandstone Elementary School Parking Structure (the "Agreement"); and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 27; Bruno seconded the motion and it passed (7-0). 1.3. Resolution No. 28, Series of 2018, A Resolution Approving an Amended and Restated Reciprocal Hazardous Material Incident Intergovernmental Agreement ("IGA") Between the Town of Vail and Regional Hazardous Materials Association of Colorado; and Setting Forth Details in Regard Thereto Moffet moved to approve Resolution No. 28; Bruno seconded the motion and it passed (7-0). 1 Citizen Participation (This item begins the agenda for the Evening Meeting) Suzanne Mueller, thanked town for the earlier site visit and expressed concern about the cougars that reside in the area. Elaine Kelton, resident, expressed concern about too many people on Vail Valley Drive with all the different modes of transportation and requested that a pedestrian path be constructed. It was noted that Elaine and her husband Art would be serving as parade marshals at Vail America Days. Town Council Meeting Minutes of July 3, 2018 Page 1 Background: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update relating to Environmentally Sensitive Lands. The Plan identifies 16 parcels as Environmentally Sensitive Lands which should be considered for either acquisition by the Town of Vail or another form of protection. Staff Recommendation: The Community Development Department recommends that the Town Council review Chapter 2, Environmentally Sensitive Lands, of the draft 2018 Open Lands Plan Update and make recommendations for changes to the plan, if needed. Chapin opened the agenda item noting the town would take a number of meetings to review the plan having taken its first site tour earlier in the day of the "environmentally sensitive lands"; there have been sixteen parcels identified in this regard. (See chapter 2). Chris Neubecker, Planning Manager, and Tom Braun, Braun Associates, Inc., introduced this item with a presentation (included in council packet) and summary of the process used in the open lands plan review. Langmaid suggested the town's efforts with the "sustainable destiation certification" should be woven into this process. There was a review of some of the following items: • the 1994 Comprehensive Open Lands Plan with some comparison made to the current plan document. • maps that depicted the 16 parcels (envrionmentall sensitive lands) with the attributes of each parcel identified ■ the manner of how to protect and/or acquire such lands, such as formal designation of open space or the use conservation easements • the use of the "Designated Open Space Board of Trustees or a task force that would evaluate the action steps moving forward Council requested more info about the development feasibility for each of the properties. Chapin invited public input at this time and the following comments were heard (summarized): • Wolf Mueller, resident, inquired about when the "open space committee" would meet again. • Kathryn Benysh, resident Bighorn Terrace, requsted that their property be removed from the list of inventory; their property is being cared for by their 70 residents and property owners. ■ Suzanne Mueller, resident, inquired about the parcels that lie out of the town boundaries but are adjacent. • Tom Vucich, resident, inquired about how the document moves forward in the process and how the public input and council comments are addressed in relation to the document. ■ Diana Donovan, resident, expressed concern about overdevelopment, requested that they understand how neighborhood associations created their open space buffers. She read a 1972 statement addressing "Vail Environmental Ethic". She also commented on the use of RETT funds to purchase a number of lots and the intent was that the lands be kept as open space. • Ann Esson, resident, commented on how the peregrines have now disappeared because of the east vail construction noise and is very concerned about too many impacts on wildlife. • Paul Rondeau, resident, noted the statement made by Donovan as extremely important and his position as champion of lost causes, he requested that "protections" be put in place on some of the parcels, including both upper and middle bench Donovan Park. Chapin thanked everyone who attended and commented and noted that the topic would continue to be reviewed with additional chances for public input on July 17. There were some Town Council Meeting Minutes of July 3, 2018 Page 3 council comments about continuing to reviewing the sixteen parcels and possibly removing the Bighorn Terrace parcel from the inventory list. 3. Action Items 3.1. Bighorn Road and Intermountain South Frontage Road Electric Underground Project discussion, contact award and budget modifications Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: The Town Council is being asked to provide direction to the staff on the undergrounding projects. Based on the option selected Town Council is asked to award the appropriate contracts and direct staff to provide the necessary funds to be included in the second reading of the second budget supplemental for 2108. Background: Holy Cross Energy provides 1 percent of all energy charges to the Town as a community enhancement fund per the franchise agreement. The town of Vail has used the fund exclusively to underground electric utility lines. In June of 2017, staff presented two significant projects to council to consider for use of the funds: the Bighorn Road project and the Intermountain S. Frontage Road project. The staff has designed, bid and begun some of the work. The staff is returning to council with the options for contract awards to complete the project as well as budget recommendations to fund the projects. Staff Recommendation: Staff recommends the Town Council complete the Bighorn and Intermountain undergrounding projects in 2018 and award both contracts to RPM excavating and direct the town manager to execute contracts in a form approved by the town attorney. Supplement the budget to complete the projects and direct the town manager to develop with Holy Cross Energy on a new franchise agreement for 2019. Greg hall presented the topic with some information about the following: • Holy Cross Energy Franchise Agreement and the 1% Community Enhancement funds • Update on construction costs for Bighorn Road and Intermountain South Frontage Road electric line undergrounding projects ■ Options to complete the work for council direction regarding the undergrounding projects, contractor award and budget modifications There was a review of each project, Bighorn Road and Intermountain South Frontage Road Projects, with some information about the costs and revenues, see council memo for detailed 2018 & 2019 costs related to the projects. There was support from town council to finish these two projects sooner than later and in light of a revenue stream to pay for them. Moffet moved to complete the Bighorn and Intermountain undergrounding projects in 2018 by awarding both contracts to RPM excavating and directed the town manager to execute the contracts in a form approved by the town attorney, and additionally to include in the next supplemental budget the funds necessary to complete the projects, and finally direct the town manager to develop with Holy Cross Energy a new franchise agreement for 2019. Bruno seconded the motion and it passed (7-0). Chapin invited public comments and none were given. Town Council Meeting Minutes of July 3, 2018 Page 4 4. Public Hearings 4.1. Second reading of Ordinance No. 11, Series 2018, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Funds and Timber Ridge Enterprise Fund Presenter(s): Kathleen Halloran, Director of Finance and Carlie Smith, Budget Analyst Action Requested of Council: Approve or approve with amendments Ordinance No. 11, Series 2018 Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 11, Series 2018 Halloran presented highlights from the council packet memo, addressing the mid -year funding requests and the changes from first reading for each of the funds. There was discussion about the following funding request (per the memo): A late mid-cycle funding request was submitted from Highline for $270, 000 to revitalize the early winter Snow Daze event already approved for funding ($30, 000) by the Commission on Special Events (CSE). Combined with some sponsorship funding and in partnership with Vail Resorts ($200K), the estimated expanded event budget of $630, 000 would include 4 days of in -town activation and 2 free concerts (Friday/Saturday) in Ford Park. The town, Vail Resorts and Highline Entertainment will work together with local lodging properties to promote extended lodging stays (greatly reduced pricing for Thursday or Sunday night stays, for example). Please see Attachment C for Highline's application for funding. There were some concerns expressed by council members about the last minute approach to the funding request, there was no CSE input, there was no data to support the event, there was no information about other funding partners and not enough detail about the event. There was some support for the proposal in an effort to work with the business community during this time of year with the lodging packages and music offerings to attract guests. At this time there was not enough support to include the funding in the ordinance. However, there was interest in getting more information. Chapin asked for public input at this time and Mark Gordon, resident, expressed support for delaying the decision on this matter in hopeful that more information would be gathered and presented at a later date to both council and CSE. Moffet moved to approve Ordinance No. 11, Series 2018, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Funds and Timber Ridge Enterprise Fund with the exception of including the $270K from the general fund for the Highline event. Coggin seconded the motion and it passed (6 1; Foley opposed). 4.2. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities Presenter(s): Justin Lightfield, Planner Town Council Meeting Minutes of July 3, 2018 Page 5 Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon second reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations. Staff Recommendation: Staff recommends that the Vail Town Council approve, on the second reading, Ordinance No. 8, Series of 2018. Justin Lightfield presented the Ordinance on second reading with a brief background and overview, noting that a great deal of work has been completed with the community stakeholders to address concerns about the local legislation and a limit with the height has been included. Langmaid asked that research be conducted on health risks from cell towers. Public input was invited and Michael Cacioppo commented about the poor service from AT&T and hoped the town would get involved in resolving that substandard service. Moffet moved to approve Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Coggin 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 8:45 p.m. Attest: ••RMIly b fitted, pi ave Chapi ayor tr Town Council Meeting Minutes of July 3, 2018 Page 6 Vail Town Council Meeting Minutes Tuesday, July 17, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Jen Mason was absent at this time, but expected to arrive a little later. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Kevin Foley Kim Langmaid Jen Mason Greg Moffet Members absent Travis Coggin Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Michael Cacioppo expressed a suggestion about the need for trimming trees that are in the way of Vail's clock tower, which is one of Vail's signatures. Randy Guerriero, resident of West Vail, expressed an observation about the need for regular street sweeping in Vail; especially in light of the many locals and guests riding bicycles. He also expressed dissatisfaction with golf course greens as they are not up to the standard of what should be offer by a premier resort. Paul Rondeau, resident, expressed concern about the recent notice about losing electricity in the valley. He wondered how it would be the resort town would lose power for multiple days and how that would be mitigated by local emergency personnel, the municipalities and the power providers. Diana Donovan, resident, suggested bringing stakeholder groups together to discuss the civic plan process and encouraged that a steering committee be formed in an effort to ensure checks and balances were satisfied. 2. Consent Agenda 2.1. Exit 180 Landscape Improvements Contract Award Moffet moved to award the contract to Rocky Mountain Custom Landscapes; and directed the Town Manager to enter into a contract with Rock Mountain Custom Landscapes in the amount not to exceed $975,000.00 to complete the Exit 180 Landscape Improvements Project. Bruno seconded the motion and it passed (5-0). Foley requested the balance of that budget be used for other projects. Town Council Meeting Minutes of July 17, 2018 Page 1 2.2. Resolution No. 29 Series of 2018, Resolution approving a Ford Park water line easement; and setting forth details in regard thereto Moffet moved to approve Resolution No. 29; Bruno seconded the motion and it passed (5-0). 2.3. Resolution 30, Series of 2018, A Resolution Adopting the 2018 Town of Vail Housing Policy Statements, and setting forth details in regard thereto Moffet moved to approve Resolution No. 30; Bruno seconded the motion and it passed (5-0). 2.4. Resolution 31, Series of 2018, 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 Moffet moved to approve Resolution No. 31; Bruno seconded the motion and it passed (5-0). 2.5. NWCCOG Member Letter to Colorado Delegation about USFS Funding Moffet moved to approve the letter and Foley seconded the motion. The motion passed (5-0). 2.6. Minutes from June 5, 2018 meeting Moffet moved to approve the minutes; Foley seconded the motion (5-0). 3. Town Manager Report 3.1. Town Manager Report Presenter(s): Greg Clifton, Town Manager Kristen Bertuglia presented an update about the recent site tour for the "safe passages for wildlife" with staff from Eagle County. The site visit included a number of Vail area parcels that are very relevant to wildlife and have presented challenges, i.e. West Vail, Dowd Junction. There were a number of officials on the tour and a follow up report would be released in the near future. 4. Presentations / Discussion 4.1. Draft 2018 Open Lands Plan Presenter(s): Chris Neubecker, Interim Community Development Director Action Requested of Council: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update, specifically Chapter 3, Town Owned Lands and Use of Lands. As part of this meeting, Staff will also follow up with Town Council on the issues that were mentioned at the July 3, 2018 meeting on Chapter 2, Environmentally Sensitive Lands. Town Council Meeting Minutes of July 17, 2018 Page 2 Staff Recommendation: The Community Development Department recommends that the Town Council provide feedback on any elements of the Town Owned Lands and Use of Lands (Chapter 5) section of the draft 2018 Open Lands Plan Update that may need to be modified. Tom Braun, Braun & Associates, presented the next phase of the plan, with the evening's Agenda as follows: Chapter 2 — Environmentally Sensitive Lands ✓ Follow-up questions from July 3`d ✓ Pian refinements addressing what's changed & management of town lands ✓ 16 recommended Action Items The action items were reviewed for development feasibility as related to access, terrain, environmental constraints, zoning, and observations on development feasibility. Chapin noted that action item #21 parcel was slated to remain as is based on council input at the last meeting; he noted that there continue to be a number of public input letters related to this parcel. The parcel should remain in the plan as part of the inventory Chapter 3 — Town -owned Land and Use of Lands The Background/1994 Plan objectives were reviewed, as follows: Public Facilities/Land Needs 1. Public Works expansion 2. Vail Fire Department 3. Vail Police Department 4. Eagle County Schools 5. ERWSD 6. Vail Housing Authority Jen Mason arrived at 6:50 pm. A description of the parcels identified as town owned and privately owned were reviewed which included 16 parcels; there was recommendations that eight (8) of those parcels be potential sites for acquisition for public purposes. Chapin invited public input at this time. • Paul Rondeau requested that acronyms be defined and conversations about legalese be spelled out for those in the audience. • Kathryn Bennish, Bighorn Terrace, expressed their position about their lake with a request to remove the parcel from the inventory. She noted there were no plans for development at the site and it zoned agricultural and open space. • Blondie Vucich, resident, expressed concern their public input was not taken into consideration and asked about submitting written comments. She also expressed that a steering committee might have been helpful with this process. • Jason Lempky, Bighorn Terrace, requested that Parcel 21 be removed from the list. • Diana Donovan, resident, requested Parcel 21 be removed from the list; she suggested the homeowners return with an update about how they will preserve the pond. She was bothered by the piece -meal work being done on the plan and read again her 1975 Vail environmental ethic statements. • Randy Guerrierio, resident, expressed support for the town obtaining the roost lodge site for community purposes. • Joe Staufer, resident, expressed the need for open lands in Vail and his concerns about the recent decision to fund an exploration of the use of open space for development, middle creek parcel. Town Council Meeting Minutes of July 17, 2018 Page 3 • Paul Rondeau, resident, requested more maintenance work on the middle bench of Donovan Park, such as additional trees with a request to dedicate the parcel as open space for a park. Public input was closed at this time. Chapin thanked everyone and noted that further review of the open lands plan will occur on august 7 5. Action Items 5.1. Permission to Proceed through the Development Process - Market at Vail Presenter(s): Jonathan Spence, Senior 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 purpose of a ground mounted building identification sign. This utilization of Town of Vail property would be subject to the terms of a license agreement and could be discontinued if required to do so. Background: Rabbi Dovid Mintz of the Chabad Jewish Center and Mark Haynes with Market Management, tenants in the Treetops Building located at 450 East Lionshead Circle, request permission to proceed through the Design Review process for a ground mounted building identification sign to be located on Town of Vail property (E. Lionshead Circle ROW). The applicants request permission to proceed through the Design Review Board process and, if approved, enter into a license agreement with the Town of Vail for the improvement. 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 improvement. Mark Haynes, Market Management, presented a summary of their request, detailed above. Foley moved to approve that staff execute the development application and permit the project to proceed the development process. Moffet seconded the motion and it passed (6-0). Public input was invited and none was heard. 5.2. Review Council Action Plan 2018-2020 Presenter(s): Greg Clifton, Town Manager Action Requested of Council: Confirm latest revisions reflect the Council Action Plan is ready for approval via Resolution at the next meeting. Background: The Town Council has been working on its action plan since the first of the year. The final presentation will be made by the Town Manager with highlights about some of the revisions to the plan including the new model of the priorities with an addition of the sustainability component and the continued emphasis on housing. The Plan is the product of a collaborative process that has spanned two Council retreats and two Council regular meetings. Town Council Meeting Minutes of July 17, 2018 Page 4 After further review of the plan, some additional changes were made with the details of the focus areas. It was noted the final document would be submitted at the next meeting for consideration and approval. 6. Public Hearings 6.1. Solar Vail Appeal (TC18-0002) 30 min. Presenter(s): Chris Neubecker, Interim Director of Community Development Action Requested of Council: The Town Council is asked to review the application for the Solar Vail design review application, and determine if the requirements of the Vail Town Code, specifically Title 12, Zoning Regulations and Title 14, Chapter 10, Design Review Standards and Guidelines, were properly applied in the decision to deny a request to amend the design of the proposed Solar Vail Employee Housing development, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1. Background: On June 20, 2018 the Vail Design Review Board voted 2-2 on a motion for approval. As a result of the failure to obtain a majority vote, the motion was denied. Design Review Board members voting against the motion cited a lack of compatibility on the building design, Section 14-10-2, General Compatibility. Chapin opened the public hearing and staff presented the question for consideration, as follows: Were the requirements of the Vail Town Code, specifically Title 12, Zoning Regulations and Title 14, Chapter 10, Design Review Standards and Guidelines, properly applied in the decision to deny a request to amend the design of the proposed Solar Vail Employee Housing development, located at 501 N. Frontage Road West/Lot 8, Block 2, Vail Potato Patch Filing 1 (DRB18-0216)? There was further clarification provided by the Town Attorney about the split vote. Moffet moved to overturns the decision of the Design Review Board concerning the Solar Vail application for a design change, DRB18-0216, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto, and that the Vail Town Council hereby grants the requested Design Review Board application, as originally submitted by the applicant to the Town of Vail." (TC18-0002). Bruno seconded the motion and it passed (6-0). It was noted the Vail Town Code was not properly applied in regard to the June 20, 2018 Design Review Board decision to deny the application for a design change, DRB18- 0216. Furthermore, the Vail Town Council finds that the proposed building design is compatible with existing structures, their surroundings, and with Vail's environment, and is in compliance with Title 12, Zoning Regulations, and Title 14, Development Standards, of the Vail Town Code, located at 501 N. Frontage Road West / Lot 8, Block 2, Vail Potato Patch Filing 1, and setting forth details in regard thereto. There were no public comments on this matter. The hearing was closed. Town Council Meeting Minutes of July 17, 2018 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 (6-0) and the meeting adjourned at 8:25 p.m. Attest: Patty enn 1, Town mitte e Chapin, yor Town Council Meeting Minutes of July 17, 2018 Page 6 1. Vail Town Council Meeting Minutes Tuesday, August 7, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Tammy Nagel, Deputy Town Clerk 1. Citizen Participation Jonathan Staufer, Vail property owner, expressed concern the Town is spraying pesticides at the community gardens. Linn Brooks, general manager of Eagle River Water and Sanitation District provided council with an update on low stream flows due to a very dry summer. Brooks thanked the Town for its commitment and response to the outdoor water restrictions. Tom Neyens, Lionshead business owner, expressed concern on the negative impacts for merchants due to roads being closed for a long period of time for the Colorado Classic event. Neyens hoped the Town would consider the impacts on the merchants and citizens the next time this event comes to town. Penny Wilson, Vail property owner, thanked the Town for the dirt that has been added to the Bald Mountain Townhome's berm. 2. Welcome Japan Exchange Students 2.1. Global Friendship Exchange Program - Japan Student Exchange Presenter(s): Mia Vlaar, Patty McKenny, Town of Vail, Souichi Nakamura, Interpacific Network Corporation, Eiichi Kodama, Yamanouchi-machi, Japan Action Requested of Council: Welcome Japan Exchange Students to Vail, Ms. Haruka Kogoi, Ms. Haruko Suzuki, Ms. Rikako Takizawa, Ms. Kana Yumoto, and Yamanouchi-machi official and chaperone, Mr. Eiichi Kodama. Background: The Japan Student Exchange Program continues the Global Friendship Exchange relationship with Yamanouchi-machi Japan that was recently approved last January 2018. This Town Council Meeting Minutes of August 7, 2018 Page 1 student exchange helps fulfill the annual action programs suggested in the Memo of Understanding with Yamanouchi-machi and Agreement with Nagano Prefecture, to implement cooperative projects, of which this would support the "cultural exchange" programming. Four students from Yamanouchi-machi have been staying in Vail with host families and participating in some of the recreational and cultural opportunities in Vail. McKenny provided a brief overview of the friendship exchange relationship the town has entered into with Yamanouchi-machi Japan. The four exchange students from Yamonouchi- machi Japan spoke to council about their lives in Japan and what this visit meant to them. Mayor Chapin thanked everyone involved with helping to build the town's global friendship exchange programming, including most recently with Japan and Mexico. 3. Consent Agenda 3.1. Minutes from June 19, 2018 meeting Foley made a motion to approve the June 19, 2018 minutes; Moffet seconded the motion and it passed (7-0). 3.2. Minutes from July 3, 2018 meeting Moffet made a motion to approve the July 3, 2017 minutes; Foley seconded the motion and it passed (7-0). 3.3. Agreement for Professional Services with Interpacific Network Corporation (Souichi Nakamura) Global Friendship Exchange Program Moffet made a motion to approve the agreement for professional services with Interpacific Network Corporation; Foley seconded the motion and it passed (7-0). 3.4. Resolution No. 32, Series of 2018, A Resolution Approving the Revised Title VI Compliance Plan for the Town of Vail Transit Operations; and Setting Forth Details in Regard Thereto. Moffet made a motion to approve Resolution No. 32; Foley seconded the motion and it passed (7-0). 3.5. Request form Betty Ford Alpine Garden to place an 8'x8' structure adjacent to the School House in Ford Park. Moffet made a motion to approve the request from Betty Ford Alpine Garden; Foley seconded the motion and it passed (7-0). 3.6. Request to award construction contract to Triphase Electric in the amount of $125,952 to install electrical service to the east end of the Ford Park parking lot for special events. Moffet made a motion to approve the request to award Triphase Electric the construction contract; Foley seconded the motion and it passed (7-0). 3.7. Colorado Coalition of Climate Action 2018-2019 Policy Moffet made a motion to move item 3.7 Colorado Coalition of Climate Action 2018-2019 Policy to the August 21 meeting to address concerns; Foley seconded the motion and it passed (7-0). 4. Town Manager Report Town Council Meeting Minutes of August 7, 2018 Page 2 5. Presentations / Discussion 5.1. Presentation about Autonomous Vehicles Presenter(s): Rutt Bridges, Executive Director, Understanding Disruption, Inc. Action Requested of Council: Informational only. Background: Executive Director of Understanding Disruption, Inc., Rutt Bridges, will present about "how life would change for the better with autonomous vehicles". Bridges provided council members with his book "Our Driverless Future Heaven or Hell" and reviewed a powerpoint presentation regarding autonomous vehicles and where the future is headed. Bridges predicts numerous automakers will be getting into the autonomous vehicle business by 2021 and 53 companies in California are currently testing driverless vehicles. Autonomous vehicles require very little maintenance and will last three times longer. Bridges expressed a potential downfall will be the loss of public transit riders. Within 5 years, Bridges predicts, driverless vehicles will be cheaper than today's subsidized bus tickets. He said the future of transportation is electric, driverless and shared. 5.2. Comprehensive Open Lands Plan Review (Trails) Presenter(s): Chris Neubecker, Interim Community Development Director Action Requested of Council: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update, specifically Chapter 4, Trails. As part of this meeting, Staff will also follow up with Town Council on the discussion from the July 17, 2018 meeting on Chapter 3. Background: The purpose of this memo is to present the recommendations of the draft 2018 Open Lands Plan Update relating to Trails. The Plan identifies 12 trail ideas which are shown on a Conceptual Trails Plan, for consideration by the Town Council. Staff Recommendation: The Community Development Department recommends that the Town Council provide feedback on any elements of the Trails (Chapter 4) section of the draft 2018 Open Lands Plan Update that may need to be modified. Tom Braun, comprehensive open lands plan consultant, provided a recap of the 2018 process to date including community input and an inventory of trails. The 1994 Plan included a detailed trail plan that looped the town together. Specific tasks have included defining potential trail ideas, identifying other trail related programs and improving how the 1994 plan addresses trails. There is community support for new trails, but environment and wildlife were very important key elements when considering the location of a potential new trail. There are six major themes important to the community: safety, sustainability, sensitivity, variety, connectivity and collaboration. The proposed update included 12 trail ideas which included some new trails and trail improvements. • North Trail/Davos Connector • Avon/Nottingham Ridge Connector • Intermountain Trail • Matterhorn Trail • Intermountain/Lionshead Connector • Red Sandstone Valley Trail • Son of Middle/Red Sandstone Road Connector • Vail Mountain Cross Connector • Vail Trail • Vail Trail Extension • East Water Tank Town Council Meeting Minutes of August 7, 2018 Page 3 • Two Elk Connector Braun provided brief descriptions of each of the above trails along with the pros and cons of each trail. A more detailed study would need to be done on each of these trail ideas to determine what the impact would be on the environment and wildlife before any new trails are constructed. Some parameters for Council to consider when making any decisions regarding the proposed update: ✓ Wildlife considerations, potential for mitigation ✓ Safe for users, improve safety of existing trails ✓ Expand opportunities for user groups ✓ Provide neighborhood connectivity/trail linkages Braun invited Bill Andree, former district wildlife manager with the Colorado Division of Wildlife, to speak to council about this areas wildlife and their survival. Andree explained how human recreation affects wildlife behavior and increases the animals stress level. Wildlife needs room to graze and the Toss of habitat is causing a decrease of animals. Andree suggested defining trail -free zones; public education; enforce seasonal trail closures and habitat enhancement when considering any of the twelve proposed trail ideas. Mayor Chapin invited public input at this time: • Pete Siebert, Vail Resident, expressed support of moving forward with the twelve proposed trail ideas. He noted each trail idea presented would require additional layers of study. • Craig Westcott of Colorado Parks and Wildlife stated elk populations in this area are really suffering and suggested to set aside areas for wildlife. He noted there was not one factor causing the decline, but growth in people coming to area is a large factor. • Bill Hoblitzell representing the Vail Valley Mountain Trails Alliance expressed support for the plan and urged council to adopt as proposed. • Pam Stenmark, Vail resident, urged council to remove the Vail Trail extension from the plan. She stated there are redundant trails and the Vail Trail extension is not necessary. Once wildlife is lost we will never get it back. ■ Mike Kloser, Vail resident, is in favor of the plan as presented. He felt Vail was behind other resorts throughout the state and world when it comes to multi use trails and this plan would enhance the experience for guest and locals. The north trail would add to the experience. • Bill Heicher expressed concern for the impact on the wildlife habitat with some of the suggested trails. • Laine Lapin, Vail resident, felt there currently are safety issues around the trails from being over populated. Lapin suggested more education of trail use is needed. ■ Anne Esson, Vail Resident, stated wildlife was being affected. Esson urged council to drop the Vail Trail extension from the plan. • Diana Donovan, Vail resident, felt the PEC didn't do anything and they needed to be more active with the process. She felt the essence of why people love Vail becomes lost with the proposed plan. • Tom Vucich, Vail resident, said the Vail Trail extension was the only reason everyone is here. He encouraged Council to remove the Vail Trail extension from the plan. • Steven Botts, Vail resident, supported the plan and felt that it was very well thought out. The proposed plan brought the trail system together. • Jim Lamont, Vail Homeowners Association, provided the history of the trails. Lamont encouraged Council to preserve areas. • Blondie Vucich, East Vail resident, wanted to see council remove the Vail Trail extension from the plan. Vucich felt the Vail Trail extension was different than the other eleven trails Town Council Meeting Minutes of August 7, 2018 Page 4 and reminded Council that wildlife considerations were a factor in the award Vail just received as a Sustainable Resort. Public comments were closed at this time. Bruno asked if there were three other members who were willing to remove Vail Trail extension from the proposed updated plan. Chapin supported the removal along with Langmaid, Mason and Foley. Moffet and Coggin did not support the removal of the Vail Trail. Moffet express the need for trails for less advanced mountain bikers and was concerned there wouldn't be any social trails. 6. Action Items 6.1. 2018-2020 Council Action Plan Presenter(s): Greg Clifton, Town Manager Action Requested of Council: Adopt Council's Action Plan. Background: The Town Council has developed its 2018-2020 Action Plan over the course of several meetings beginning in January. The plan is being presented with final edits from July 17 meeting included. The Action Plan is ready for approval at this time. Moffet made a motion to approve the 2018-2019 Council Action Plan; Foley seconded the motion and it passed (5-0) Mason and Coggin were not present for the vote. 7. Public Hearings 7.1. Ordinance No. 12, Series of 2018, First 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 two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, 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. 12, Series of 2018, upon first reading. Background: The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. Staff Recommendation: On June 25, 2018, the Planning and Environmental Commission (PEC) was unable to forward a recommendation to the Vail Town Council for a zone district boundary amendment. The PEC deadlocked 3-3 on a motion to recommend approval of the zone change with Commissioners Stockmar, Kurz and Kjesbo voting in the affirmative and Commissioners Gillette, Hopkins and Perez opposed. Commissioner Lockman was absent from this meeting. Town Council Meeting Minutes of August 7, 2018 Page 5 Foley made a motion to table Ordinance No. 12, Series of 2018 to the August 21, 2018 Council meeting agenda; Moffet seconded the motion and it passed (7-0). 7.2. Ordinance No. 13, Series of 2018, First Reading, An Ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, 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. 13, Series of 2018, upon first reading. Background: The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc., are requesting the first reading of Ordinance No. 14, Series of 2018, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. Staff Recommendation: On July 9, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. Chapin opened the public hearing at this time. Spence provided a recap of ordinance and explained the map change would allow the applicants to redevelop their properties with on-site parking, which would otherwise be prohibited without this ordinance. Tom Braun, Braun and Associated, was present representing the applicants and to answer any questions Council may have. Chapin invited public comments at this time and there was none. Moffet made a motion to approve Ordnance No. 13, Series of 2018 based upon the following findings: 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."' Bruno seconded the motion and it passed (7-0). 7.3. Ordinance No. 14 Series of 2018, First Reading, An Ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage/Ski Club, and setting forth details in regard thereto. Town Council Meeting Minutes of August 7, 2018 Page 6 Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 14, Series of 2018, upon first reading. Background: In an effort to provide the community, retailers and code enforcement with a better understanding of what does and does not constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber and Business Association recommend that the Vail Town Council consider the proposed changes to the definition of Commercial Ski Storage/Ski Clubs in the Vail Town Code. Staff Recommendation: On July 23, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation of approval to the Vail Town Council for Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2, Definitions of Words and Terms, Vail Town Code, to amend and clarify the definition of Commercial Ski Storage. Chapin opened the public hearing at this time. Spence provided a recap of the ordinance and stated the PEC was in support code amendments in clarifying areas where and were not is ski storage could happen. Moffet expressed concern about blocking windows and sidewalks; noting the new definitions codify the status quo which differed from the original intent of the regulations. Chapin invited public input at this time: • Tom Neyens, Lionshead business owner, wanted to see the policy be fair to all business owners and for it to be enforced. Neyens stated he tries to follow the rules and everyone else should have to do the same. • Jeff Babb, Vail Resorts, felt ski storage was about providing a superior level of guest service • Guest are demanding slope side rental and pick up. ■ Buddy Lazier, Vail resident and business owner, wanted to see first floor commercial space protected for small businesses. Public input was closed at this time. Foley made a motion to approve Ordinance No. 14, Series of 2018 upon first reading; Bruno seconded the motion passed 4-3 (Coggin, Langmaid, Moffet opposed). There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed (7-0) and the meeting adjourned at 10:10 p.m. Attest: Res. - fully ubmit e ' I ii' l 11 I 41,1, Tamm Deput o , Clerk Town Council Meeting Minutes of August 7, 2018 Page 7 s Vail Town Council Meeting Minutes Tuesday, August 21, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Greg Moffet Members absent Jen Mason Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Call of Order 2. Action Items 2.1. Colorado Coalition of Climate Action 2018-2019 Policy Presenter(s): Greg Clifton, Town Manager Action Requested of Council: Approve and adopt the CC4CA 2018-2019 policy. Background: The Town of Vail is an active member of the Colorado Coalition for Climate Action — a consortium of 19 Colorado cities and counties. Council approved the policy agenda for CC4CA last year, and the Colorado Coalition is going through the same exercise this year. The advocacy efforts and objectives for the 2018-2019 policy largely aligns with Council's own goals and actions as set forth in the Town Council 2015-17 Action Plan and the current 2018-20 Town Council Action Plan. Clifton presented a brief explanation about the town's participation in the CC4CA, as one of 20 member jurisdictions; he noted it would be very difficult to impose changes to the policy document at this point in time. Council input followed. Moffet noted some concerns: / Concern about wading into national issues ✓ Not likely to support adopting uniform codes without some scrutiny ✓ Not sure there is metric or data support for some of the statements ✓ Would like a Vail focus with projects Langmaid noted the following: / Statements are very broad and may not happen ever or overnight / An effort to get some consensus on some topics Town Council Meeting Minutes of August 21, 2018 Page 1 ✓ Must be leaders and have skin in the game ✓ Supports innovation and transition to a new energy economy Bruno shared her concerns; Foley agreed with them: ✓ Review the documents and think about how Vail can make an impact in our community ✓ No downside to joining this ✓ Keeps climate change on everyone's mind ✓ But doesn't make sense unless we can make the changes There was no public comment. Bruno moved to approve the Colorado Coalition of Climate Action 2018-2019 Policy; Langmaid seconded the motion and it passed (5-1; Moffet opposed; Mason absent). Langmaid noted the difference with this group and the Eagle County Collaborative is the latter is focused on implementation of efforts. 3. Public Hearings 3.1. Ordinance No. 12, Series of 2018, First 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 two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, 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. 12, Series of 2018, upon first reading. Background: The applicant, VailPoint LLC, represented by Pylman & Associates, Inc., is requesting a zone district boundary amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District. Staff Recommendation: On June 25, 2018, the Planning and Environmental Commission (PEC) was unable to forward a recommendation to the Vail Town Council for a zone district boundary amendment. The PEC deadlocked 3-3 on a motion to recommend approval of the zone change with Commissioners Stockmar, Kurz and Kjesbo voting in the affirmative and Commissioners Gillette, Hopkins and Perez opposed. Commissioner Lockman was absent from this meeting. Jonathan Spence, Senior Planner, noted that the application was withdrawn and no action was required. 3.2. Ordinance No. 13, Series of 2018, Second Reading, An Ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto Town Council Meeting Minutes of August 21, 2018 Page 2 Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 13, Series of 2018, upon second reading. Background: The applicants, Lazier Lionshead LLC & Battle Mountain LLC, represented by Braun Associates, Inc., are requesting the first reading of Ordinance No. 14, Series of 2018, an ordinance for a prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, to remove 1A, Lot 2A, Tract K, Tract L and Tract M of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, located in the vicinity of 500 and 534 East Lionshead Circle. Staff Recommendation: The Vail Town Council unanimously approved first reading of Ordinance No. 13, Series of 2018 on August 7, 2018. Chapin opened the public hearing; there was no public input. Moffet moved to approve Ordinance No. 13; Bruno seconded the motion and it passed (6-0). 3.3. Ordinance No. 14 Series of 2018, Second Reading, An Ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski Storage/Ski Club, and setting forth details in regard thereto Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall apprdve, approve with modifications, or deny Ordinance No. 14, Series of 2018, upon second reading. Background: In an effort to provide the community, retailers and ,coele enforcement with a better understanding of what does and does not constitute commercial ski storage, staff, Vail Resorts and the Vail Chamber and Business Association recommend that the Vail Town Council consider the proposed changes to the definition of Commercial Ski Storage/Ski Clubs in the Vail Town Code. Staff Recommendation: On August 7, 2018, the Vail Town Council, by a vote of 4-3 (Mason, Langmaid and Moffet opposed) approved, on August 21, 2018 first reading, Ordinance No. 14, Series of 2018. Chapin opened the public hearing. There was a brief recap of the legislation and what transpired at the last reading of the ordinance. Jonathan Spence, Planner Manager, noted this legislation is a clarification of what is already being permitted in the commercial zone districts related to ski storage. Public input was invited; there was none heard. Foley moved to approve Ordinance No. 14; Bruno seconded the motion and it passed (5-1; Moffet opposed). 4. Citizen Participation Doe Browning, resident at Montenaros, presented a number of concerns about her Lionshead neighborhood, citing issues with public smoking near a public town bench, aggressive actions Town Council Meeting Minutes of August 21, 2018 Page 3 from the area store owners related to this issue, and theft of private property. She requested town assistance with more police presence in that area and some clarification about the fire restrictions. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 6:15 p.m. The Vail Town Council will join the community for Hot Summer Nights at the Gerald Ford Amphitheater Attest: Patty Mc Res•ectf Ily Submitt L Ai Dave Chapin, Ma d, Town Council Meeting Minutes of August 21, 2018 Page 4 Vail Town Council Meeting Minutes Tuesday, September 4, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: 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 • Penny Wilson, resident and Vail Rotary Club President Elect presented an update on the duck race which was an amazing success with over 12K ducks all for great causes. She also noted the increase in activity and parking at Booth Creek; there is not enough parking. • Syd Toll, resident, expressed concern about speeding in his neighborhood on South Frontage Road West, Intermountain area, and noted that some signage and maybe speed bump would help mitigate the problems. 2. Vail Sandstone Underpass APWA National Award 2.1. Vail Sandstone Underpass APWA National Award Presenter(s): Tom Kassmel, Town Engineer and Chris Delles, Public Works Construction Inspector Each year the American Public Works Association (APWA) presents the Public Works Projects of the Year awards recognizing the best of the best to promote excellence in the management and administration of public works projects, recognizing alliance between managing agencies, the contractor, the consultant and their cooperative achievements. This year's awards were recognized at the APWA's Public Works Expo PW X 2018 awards ceremony August 27 in Kansas City, Missouri. This nationwide competition presents awards in five project categories; Disaster and Emergency Repair, Environment, Historical Preservation, Structures, and Transportation within five separate project size levels. Vail's Sandstone Underpass was recognized as the Project of The Year in the category of Transportation within small/rural communities. Accepting the award were representatives of the Town of Vail, Colorado Department of Transportation, Kramer North America, and Felsburg Holt and Ullevig. Vail Town staff members Tom Kassmel, Town Engineer, and Chris Delles, Construction Inspector, presented the award to the Vail Town Council. Town Council Meeting Minutes of September 4, 2018 Page 1 3. Introduction of new Community Development Director Matt Gennett 3.1. Introduction of Matt Gennett, new Community Development Director Presenter(s): Chris Neubecker, Planning Manager Mayor Chapin thanked Neubecker for serving as the interim community director for the past few months while the search was active for a new director. Neubecker introduced and welcomed Matt Gennett to the Town of Vail, as did the elected officials. 4. Consent Agenda 4.1. Minutes from July 17, 2018 meeting 4.2. Minutes from August 7, 2018 meeting 4.4. Resolution No. 33, Series of 2018, A Resolution Approving a Memorandum of Understanding Between the Town of Vail and the Colorado State Library; and Setting Forth Details in Regard Thereto. Foley moved to approve consent agenda, noted as 4.1, 4.2 and 4.4; Moffet seconded the motion and it passed (6-0; Coggin absent at this time). Foley thanked the Vail Public Library staff for the programming and services provided the town. 4.3. Minutes from August 21, 2018 meeting Moffet moved to approve the minutes; Foley seconded the motion and it passed (5-0; Mason abstained; Coggin absent). 5. Town Manager Report 5.1. Town Manager Report Greg Clifton noted topics from his written report and a number of the statewide initiatives and meetings he has been attending recently, CAST and Colorado Municipal League. Coggin arrived at this time (6:40 pm). 6. Presentations / Discussion 6.1. CDOT RoadX Presentation (Emerging Technologies for Transportation Systems) Presenter(s): Peter Kozinski, Director RoadX Program, CDOT Action Requested of Council: Informational only about CDOT initiatives. Background: Peter Kozinski is the Director of the RoadX Program at the Colorado Department of Transportation. In that position, he is responsible for the identification of emerging technologies that can save lives and make people's lives better. He then integrates these technologies into the transportation system - including planning, engineering design and construction. Peter was appointed to this position in September 2015 after serving 2 -years in Town Council Meeting Minutes of September 4, 2018 Page 2 CDOT's Office of Major Project Development where he was responsible for developing and delivering Major Projects via innovative delivery methods including Public -Private -Partnerships. He will present some of their recent efforts with these types of projects. There were some questions and discussion surrounding the presentation. 6.2. Short Term Rental Regulations Discussion Presenter(s): Kathleen Halloran, Finance Director and Johannah Richards, Sales Tax and Licensing Administrator Action Requested of Council: Provide feedback on recommended adjustments to the current regulations Background: Short Term Regulations became effective March 1, 2018. Council received an update on the implementation of the regulations on July 17 and agreed to review certain terms of the ordinance. Staff Recommendation: Please see attached memo for staff recommendations Kathleen Halloran, Finance Director, outlined the topics addressed in her council packet memo and noted some of the nuances of the ordinance, especially as the language addressed the exemptions section. She noted the ordinance requires owners wishing to short term rent their property to obtain an STR license at an annual cost of $150. Other provisions of the regulation include: ❑ Designation of a local agent that resides within a 60 minute distance of the STR property and is available 24/7. The named agent must provide proof of distance through a driver's license, property tax record or voting record. ❑ Property owner must provide a notarized affidavit that they have specified safety measures in place such as smoke detectors, carbon monoxide detectors, fire extinguishers and that advertised occupancy limits comply with town code. The affidavit also validates the owner's agreement to comply with all town regulations and specifically mentions trash, parking, lighting and noise. ❑ The Property owner must identify who is designated for remitting sales & lodging taxes. ❑ The property owner must provide proof of written notice to an adjoining residential dwelling unit if the rental is located within a duplex. ❑ Signed acknowledgment of "Good Neighbor Guidelines". ❑ Advertisements of the rental must include the STR license number immediately following the rental description. ❑ All sales and lodging taxes must be remitted timely, for each property (not on a lump sum basis). ❑ Complaints (such as noise, trash, parking, etc.) will be directed to the local agent. The agent must resolve the issue within 60 minutes (30 minutes between 11 pm and 7am). The town's code enforcement or police may become involved if the property is not licensed, or if the complaint is not resolved. Then a formal complaint can be submitted to the town by the complainant. ❑ Three verified formal complaints may result in revocation of the STR license for that property. Once revoked, the license may not be renewed for two years. If a duplex unit, written consent from the neighboring unit must be obtained prior to renewing after revocation. There was council support of continuing the discussion about the various components of the regulations in Tight of feedback from the property management company representatives. Staff noted there research suggests some options to reduce administrative work required by property managers and addressing some enforcement challenges, as follows: Town Council Meeting Minutes of September 4, 2018 Page 3 • Amending Ordinance No. 15, Series 2017 to allow a designated local agent to represent the property owner for the submission of application forms and notarized affidavits. This would require the local agent to be jointly and severally liable. • Staff could pursue a more efficient online application process to enable "bulk" application submittals for property managers handling multiple STR licenses. • Sales tax payment is unique by STR tax ID tied to individual owners, however remittance is quarterly. • Recommendation to "de -criminalize" the short term rental ordinance violations would allow for established fines or penalties to be administered by designated staff (usually the Finance Director) rather than issue a summons to court. Should the fines not be paid, then the town has the ability to summon to court. • Recommendation that a violation of nonpayment of sales tax as well as other violations of town code (parking, trash, noise, etc.) will continue to be considered criminal acts, subject to the daily maximum fine of $2,650 per day and up to 180 days jail time. Chapin invited public input at this time and a number of property managers addressed the topic: ■ Ted Steers, Vail Village Rental, expressed concerns about exclusion from the "exemption" and requested that the ordnance be changed to allow him to serve as basically the booking agent. • Bart Cuomo, Vail Realty, expressed frustration that the ordinance has created more work for them and it is alienating the people who own the properties and want to short term rent them. He continued with his concern about the need to collect data with an inquiry as to why that isn't propriety information. He suggested their stakeholder group continue to work with staff to modify the regulations. ■ Mike Connolly, Triumph Mountain Properties, expressed frustration as well and wanted to see some changes to the regulations related to the administrative requirements that create more work for them. • Tim Parker, property manager, expressed concern on behalf of his clients and creates more administrative paperwork for the managers and owners. • Tim Hargreaves, the Willows, requested that the exemption should be extended to the property managers. There were additional comments from town council and they agreed that they would support adjusting the exemption provision and requested staff continue to work with the property managers. There was also support to allow property management companies named as the local agent to sign and notarize on behalf of property owners for applications, life safety affidavits and the Good Neighbor Guidelines and the recommendation to de -criminalize violations of short term rental ordinance. Staff noted they would return with draft amendments to the ordinance at a future meeting. 7. Action Items 7.1. Resolution No. 34, Series of 2018 - A Resolution Authorizing the Town Manager to Enter into a Professional Services Agreement Between the Town of Vail and 4240 Architecture. Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: The Civic Area Plan Selection Committee is requesting that the Town Council approve the attached resolution authorizing the Town Manager to enter into a professional services agreement with 4240 Architecture. Town Council Meeting Minutes of September 4, 2018 Page 4 Background: The Civic Area Plan is identified as a priority of the Vail Town Council in the 2018- 2020 Action Plan. The master planning process will help the Town Council and the community to identify a vision for the future use of the buildings and lands within the Civic Area. The proposed resolution will authorize the Town Manager to enter into a professional services agreement with the selected consultant team. Staff Recommendation: The Civic Area Plan Selection Committee recommends approval of Resolution No. 4, Series of 2018. Chris Neubecker presented the update about the civic plan selection process and noted the Selection Committee recommended the team of 4240 Architecture / Braun Associates Inc. to lead the planning and design process. The team will also include Trestle Strategies Group (public engagement) and Russell + Mills Studio (landscape architecture). This team was selected based on the following criteria: • Knowledge and experience in managing municipal projects • Ability to excel in the public engagement process • Success in completing similar plans in a mountain resort environment • Demonstrated ability to complete projects on time and on budget, with a commitment to complete the Civic Area Plan in accordance with the plan goals and objectives • Exceptional ability to develop and maintain professional relationships • Proven track record of successfully delivering projects in a collaborative process with multiple stakeholders • Demonstrated ability to make progress on multiple tasks in a dynamic and ever changing process • Professional fee that is competitive based on the scope and quality of the work to be provided and the ability to bring the project in on budget and on schedule Moffet moved to approve Resolution No. 34, Series of 2018 - A Resolution Authorizing the Town Manager to Enter into a Professional Services Agreement Between the Town of Vail and 4240 Architecture. Bruno seconded the motion and it passed (7-0). No public input was given. Chapin noted there was a public engagement component factored into the planning process. Moffet noted the many contributions made by Mr. Porter Wharton who recently passed away. His work with Vail Resorts, Comcast and Crown Castle was commended as helping the communities grow and work together. 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 8:30 p.m. Attest: Patty Mc�Sefin�r, Tommi (Xerk R ectfully Submitte ' ave Cha 'n, Ma Town Council Meeting Minutes of September 4, 2018 Page 5 Vail Town Council Meeting Minutes Tuesday, September 18, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Staff members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation ■ Tom Saalfeld, Vail Recreation District, informed the community that Mike Ortiz, Executive Director, was recognized as special district manager of the year as presented by the Special Districts Association of Colorado. ■ Rondi Borgen, resident, expressed concern about speeding and traffic on Booth Creek Road due to the Booth Creek trailhead. 2. Proclamations 2.1. Proclamation No. 7, Series of 2018, Recognizing Library Card Sign-up Month - 35th Anniversary Celebration Presenter(s): Dave Chapin, Mayor, Lori Ann Barnes, Vail Librarian The proclamation was read and approved. Lori Barnes presented some slides about the journey of Vail's library. 3. Consent Agenda 3.1. First Chair Path Snowmelt Project Award Moffet moved to direct the town manager to enter into an agreement with Icon, Inc. for the First Chair Snowmelt project in the amount of $301,525 and supplement the project's existing budget from the VRA Red Sandstone Parking Structure Budget in the amount of $31,525. Bruno seconded the motion and it passed (7-0). It was noted the project would be completed by the end of October. 4. Town Manager Report Presenter(s): Greg Clifton, Town Manager Town Council Meeting Minutes of September 18, 2018 Page 1 The Town Manager's report was reviewed per the topics noted in the report. He also thanked Mike Griffin, IT, for his years of service as his last day would be first of October. An update on construction projects still happening during this fall season was presented by Public Works staff and included Slifer Square, 1-70 bridge walkway, West and East Vail sewer main improvements, Red Sandstone Parking Garage, Holy Cross undergrounding, to name a few. 5. Presentations / Discussion 5.1. Initial Findings of the West Middle Creek Development Feasibility Report Presentation and Discussion (Middle Creek Subdivision) Presenter(s): George Ruther, Housing Director and Bill Pierce, Pierce Architects Action Requested of Council: What additional information, if any, does the Town Council need to make a determination about future and potential uses of the West Middle Creek Parcel for residential development (Tract A, Middle Creek Subdivision)? Background: The purpose of this memorandum is to present the initial findings of the West Middle Creek Development Feasibility Report (the "Report"). The Report was prepared at the direction of the Vail Town Council to better understand the feasibility of multi -family residential development on the West Middle Creek Site and to obtain additional objective information and data. George Ruther, Housing Director, noted some key findings from his council packet memo which addressed the following topics: Zoning, land use, pedestrian and vehicle circulation, slope analysis, hazards / geotech, wildlife, floodplain, utilities, open space, vehicular access, fire access and public safety, potential development, construction cost analysis, and finally the conclusion, below: CONCLUSION i ghiy constrained areas have limited development potential however. the areas are no: of limits when =ollowing the proper steps necessary or new constru=ction. There is a small portion towards the center o' the site:o the southern side where residential development could occur within a 30-40% slope. The Town Code states no structure shall be built in any flood hazand zone or on a slope of forty percen: i43%i or greater except in a sing le-farr ily residential. ttitio- amily residential, or two-family primary,secondary residential zone districts. O:herwise, a van ance would be required in :his event to build on a slope greater than 40% due to the practical difficulty resulting from topographic conditions on the site. Variances are governed by the provisions of 12-17. Vail Town Code. Significant retaining walls and cuts in the grade would be needed as weft Working within such a highly constrained site will add significant costs to site grading. excavation. and construction. Bill Pierce, architect, presented some highlights about the feasibility report suggesting some of the developable characteristics, challenges and considerations that their analysis notes. Mayor Chapin invited public input and several comments were made: • Steve Lindstrom spoke on behalf of the VLHA and expressed support for such location as an option for workforce housing. He suggested the idea be kept on some kind of inventory list so that when the time is ripe the location could be evaluated again. Town Council Meeting Minutes of September 18, 2018 Page 2 • Allan Danson noted he was pleased to see the site could be an option for housing and was hopeful it could be rezoned and used as part of a negotiation approach with VRI for the East Vail property. • Jim Lamont, resident, noted there are many challenges including the need to change its designation with public support and suggested any proceedings occur with caution and keen deliberation. The council members were satisfied the report was completed and provided helpful information about the residential development feasibility of the parcels. Some were encouraged that the report suggested the land could used as an option for housing and suggested it be considered as an additional housing site location and not a substitute for other locations. There was a review of three possible building layouts on the land as well as a discussion about the need for zoning changes if it were considered for future housing development. There were others who preferred focusing on properties that were already deemed for housing improvements, such as Timber Ridge. 6. Action Items 6.1. Ordinance No. 15, Series of 2018, An Ordinance Amending Section 12-10-17, Leasing of Parking Spaces, Vail Town Code Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: Town Council is asked to provide comments on first reading of the ordinance, including any changes to the ordinance that are needed for second reading. Background: The existing regulations on the leasing of parking spaces in the Town of Vail were first adopted in 1977, and the last significant modification was in 1985. The current regulations are obsolete, and have not resulted in significant applications to lease parking spaces. New technology can help to identify vacant, available parking spaces, but the existing regulations needs to be amended to facilitate, and in some cases legalize, short term leasing of parking. The proposed regulations will open additional areas where short term leasing of parking spaces is allowed, while protecting the character of low density residential neighborhoods. Staff Recommendation: Staff recommends approval of Ordinance No. 15, Series of 2018 on First Reading, and setting the date of October 2, 2018 for Second Reading. Chris Neubecker, Planning Manager, introduced Ordinance No. 15. and summarized some of the text amendments below which included repealing and replacing Section 12-10-17, Leasing of Parking Spaces, Vail Town Code. The effects of the proposed ordinance include the following: • Removing the requirement for a permit • Removing the requirement for a parking utilization study • Eliminating the minimum size of an eligible parking lot (Current requirement is a parking lot with at least ten (10) parking spaces) • Prohibiting leasing of parking spaces where access is required through an established pedestrian mall • Requiring written approval for leasing parking spaces on commonly owned property (HOA property, for example) Town Council Meeting Minutes of September 18, 2018 Page 3 • Requiring on-site signage identifying a name and telephone number for the person or management company to contact concerning parking disputes. • Adding more zone districts where leasing of parking spaces is allowed. These zone districts include higher density residential and commercial areas, while eliminating lower density residential zone districts. In addition, the new zone districts where leasing of parking spaces would also be allowed by this ordinance were identified: • General Use • Arterial Business • Public Accommodation 2 • Commercial Service Center • Ski Base Recreation • Ski Base Recreation 2 Mayor Chapin invited public input and none was heard. Moffet moved to approve on first reading, Ordinance No. 15, Series of 2018, an ordinance amending Section 12-10-17, Leasing of Parking Spaces, Vail Town Code, to modify the regulations applicable to the short-term leasing of private parking spaces, and setting forth details in regard thereto, and noted his motion was 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. Foley seconded the motion and it passed (7-0). 6.2. Ordinance No. 16, Series of 2018, First Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 16, Series of 2018 upon first reading. Background: Pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation of low -speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which addresses allowing electric vehicles on town streets. Several hotels are currently using electric vehicles to transport skis and guests to the mountain. Topics to consider might include identifying a drop off location as well as identifying which streets would be accessed by these vehicles. Town Attorney Matt Mire introduced the legislation and noted the correspondence received from the Lion manager about their Association's use of an low speed electric vehicle to transport guests to the mountain with skis. Currently electric vehicles are not allowed by the Vail Town Code. Code Enforcement Officer Miguel Jauregui addressed the council about the LSV and related safety concerns. The Lion Property Manager also addressed the town council with Town Council Meeting Minutes of September 18, 2018 Page 4 i information about their intent to hopefully use the vehicle. Some comments addressed the following aspects of this use: ✓ What routes / roads would they be allowed on? On the Frontage Road? ✓ Would they be allowed in Ford Parki? There was support for allowing them to be used with a period of time to review what is working and what might not be working. Moffet moved to approve Ordinance No. 16, Series of 2018, First Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars. 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 7:45 p.m. Attest: Respectfu y Submitt•d, Pave Chapin, M Town Council Meeting Minutes of September 18, 2018 Page 5 Vail Town Council Meeting Minutes Tuesday, October 16, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Matt Mire, Town Attorney Patty McKenny, Town Clerk Tammy Nagel, Deputy Town Clerk Staff member absent: Greg Clifton, Town Manager 1. Citizen Participation Carrie Feel, Executive Director of Vail Valley Soccer Club, thanked the Town Council for their support of their recent tournament. It was the largest event for them this year. Jeanne McQueeny, Eagle County Commissioner, stated she appreciated the working relationship and collaboration Council has with the County. McQueeny is running for reelection and reminded everyone the ballots were in the mail. Renie Gorsuch, resident and Vail business owner, expressed concern regarding the loading and delivery policy in the Vail Village. The trucks are parked in front of their store and are left idling while drivers take their deliveries throughout the village. Joe Staufer, Vail resident, questioned why the Town was eliminating more trees in the Village. Staufer noted the importance of trees in the Village is not just for shade, but to also give visitors the feeling of walking in a forest. 2. Proclamation 2.1. Proclamation No. 8, Series of 2018, Recognizing National Friends of Libraries Week Presenter(s): Lori Barnes, Vail Public Library Foley moved to approve the consent agenda; Bruno seconded the motion and it passed (7-0). Action Requested of Council: Motion to approve Proclamation. Town Council Meeting Minutes of October 16,2018 Page 1 Council members read the proclamation into the record. Lori Ann Barnes, Library Director, introduced friends and employees of the Vail Town library and provided council with a brief overview of what is happening at the Vail Public Library. 3. Town Manager Report 3.1. Town Manager Report Mayor Chapin introduced Patty McKenny as the Town's new Assistant Town Manager. McKenny reminded council and the audience the Grand View Room above Lionshead Transportation Center would be will be a polling location for citizens to drop off their November ballots. 4. Action Items 4.1. Parking and Transportation Task Force Recommended Winter 2018-2019 Parking Program Presenter(s): Greg Hall, Director of Public Works and Transportation Action Requested of Council: Discussion and Informational only. Action Requested of Council: Approve or approve with modifications the winter 2018- 2019 Parking Program as recommended by the Parking and Transportation Task Force. Background: The Parking and Transportation Task Force was formed 11999 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 2018-2109 Parking Program. Greg Hall, Public Works Director, stated there were very few recommendations from the Task Force for the winter parking program. The 2-hour free parking will return and there would not be any price increase for season parking passes. A new pass, the "Red Pass", is proposed for use of the Red Sandstone parking garage which construction should be completed by mid- November. Hall informed Council that CDOT would allow 7 day a week parking on the Frontage Road in West Vail. Council was supportive of returning to the two free parking and advised the community that looping would be enforced this season. Council members expressed concern that the Town was encouraging citizens to drive into Vail rather than taking the bus because the pink pass was cheaper than a bus pass. It was suggested to limit the number of pink passes being sold to 500. There was no public comment. Foley moved to approve the Parking and Transportation Task Force Recommended Winter 2018-2019 Parking Program; Moffet 2nd the motion and it passed (7-0). 4.2. Resolution No. 37, Series of 2018, A Resolution Adopting the 2018 Update to the 1994 Comprehensive Open Lands Plan Town Council Meeting Minutes of October 16,2018 Page 2 Presenter(s): Chris Neubecker, Community Development Planner and Tom Braun, Braun and Associates Action Requested of Council: Staff requests the Vail Town Council approve, approve with modifications, or deny Resolution No. 37, Series of 2018. Background: The goal of the planning process was to update the 1994 Comprehensive Open Lands Plan to provide a framework for effectively implementing actions to achieve Vail's goals for the preservation of open lands, the development of trails, and the use of town lands. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 27, Series of 2018 as presented. Chris Neubecker, Planning Manager, presented a brief recap of the process stating throughout the past year the Vail Town Council has reviewed the Plan over the course of seven (7) public hearings and three (3) update sessions. Public input was gathered over the last year and a half of the planning process which included public workshops, trails scoping sessions, six (6) Planning and Environmental Commission hearings and a web portal. Public input and Council comments have been applied to each of the sections in the Plan: 1) environmentally sensitive lands, 2) use of town lands, and 3) trails. Consultant Tom Braun, Braun and Associates, provided an overview of the objectives for updating the Open Land Plan: 1. Confirm the community's overall goals and priorities for the Plan. 2. Provide better direction for the potential development of recreation trails. 3. Evaluate town-owned lands for how they can be used to meet community needs. 4. Define management strategies for Town-owned lands. 5. Protection of environmentally sensitive lands/wildlife. Braun reviewed the 27 action items and 18 implementation steps; which will assist with execution of the plan. The action items depicted in Chapter 5 address the purpose for the action, whether the action involves the acquisition of land or easements, the relative priority for the action and other information regarding the parcel and recommended action. There are 4 different categories of action items: 1. Action items from the '94 plan. 2. Action items to protect environmentally sensitive lands. 3. Action items to implement trail improvements. 4. Action items to address Town/Community facility needs. The implementation steps are addressed in Chapter 6 of the plan. Braun explained theses steps were at a more general level and involve things like the implementation of a program or a study necessary to make final decisions. Council called for public comment. ✓ Anne Esson, East Vail resident, thanked council and staff for all their efforts in addressing the Plan and would like to see more mention of the peregrine falcons as a special interest species. ✓ Diana Donovan, Vail resident, for adding information about recent wildlife forum and she appreciated the clarity in eliminating the Vail Trail extension. ✓ Bill Andree, former wildlife manager for Colorado Parks and Wildlife, provided an update on past elk studies and the habitat fragmentation caused by human disturbances. ✓ Pete Siebert, Vail resident, thanked staff for their assistance in preparing the Plan update. Town Council Meeting Minutes of October 16,2018 Page 3 Public comment was closed. Most council members were pleased with the plan and agreed education and code of conduct are important components when addressing trails and wildlife. Council member, Moffet, expressed concern for the lack of beginner hiking and biking trails. He would like to see a better balance related to closure of social trails. Foley moved to adopt the 2018 update to the 1994 Comprehensive Open Lands Plan with the addition of peregrine falcons being added to the wildlife section; Langmaid 2nd the motion passed (7-0). 4.3. Permission to Proceed through the Development Review Process -Vail Chapel Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: 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 improvement. Background: Pastor Tim Wilbanks, President of the Vail Religious Foundation, requests permission to proceed through the Design Review process for a prayer/meditation garden to be located on Town of Vail property (Tract J, Vail Village Filing No. 1), adjacent to the Vail Interfaith Chapel at 19 Vail Road. Jonathan Spence, Senior Planner, stated the Vail Interfaith Chapel was constructed in 1968. In 1998 the Planning and Environmental Commission (PEC) approved a conditional use permit for an expansion that encroached into the adjacent town owned property. The town owned property would be used for the purpose of a prayer/mediation garden. There was no public comment. Council member Coggin recommended selling Tract J, Vail Village Filing No. 1 to the Vail Interfaith Chapel. Moffet moved to direct the Town Manager to sign the development application on behalf of the Town and permit the project to proceed through the review process for the proposed improvement; Foley 2nd the motion passed (6-1;Coggin opposed). 4.4. Resolution No. 38, Series of 2018, Resolution of the Vail Town Council directing the Town Manager to execute the purchase agreement with West Edwards Apartments, L.L.C. to acquire a total of 23 resident-occupied deed-restrictions at the 6 West Apartments, located in Edwards, Colorado Presenter(s): George Ruther, Housing Director, Matt Mire, Town Attorney Action Requested of Council: Motion on Resolution No. 38 to approve, modify or deny the resolution. Background: A public/public/private partnership (P4) was forged to create this regional housing opportunity. The Vail Town Council, Eagle County Commissioners, and Gore Creek Partners, L.L.C. collaborated extensively on this deed restriction acquisition in response to the growing need for housing within the Eagle River Valley. If approved, the Town of Vail will acquire a total of 23 deed-restrictions, Eagle County a total of 13 deed restrictions, and Gore Creek Partners, L.L.C. will manage the leasing of the 36 homes as well as verify compliance with the terms of the deed-restriction, annually. As a result of this partnership, It is likely more than 75 Eagle Town Council Meeting Minutes of October 16,2018 Page 4 County residents and their families will directly benefit as a result of this "first of its kind" partnership. Matt Mire, Town Attorney, provided a brief overview of the housing project. Council agreed it was in investment in the workforce and thanked all partners in this project. Public Comment was called. ✓ County Commissioner McQueeny thanked the Town and all partners. ✓ Chris Romer, Vail Valley Partnership, gave kudos to all partners ✓ Zack Meyer, Vail Chambers, thanked everyone for their collaborations. Moffet moved to adopt Resolution No. 38, Series of 2018, Resolution of the Vail Town Council directing the Town Manager to execute the purchase agreement with West Edwards Apartments, L.L.C. to acquire a total of 23 resident-occupied deed-restrictions at the 6 West Apartments, located in Edwards, Colorado; Foley 2nd the motion passed 7-0 4.5. Resolution No. 40, Series of 2018, Resolution Opposing Amendment 74 Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve or deny Resolution No. 41, Series of 2018 Background: State voters will have the opportunity at the November 6 statewide general election to vote on Amendment 74, which seeks to amend the Colorado Constitution to require that "just compensation" be paid for any government law or regulation deemed to reduce the fair market value of private property. Amendment 74 has been written and is being funded by the oil and gas industry to amend the Colorado Constitution and threaten the ability of state and local governments to provide basic governmental services. Amendment 74 declares that any state or local government law or regulation that "reduces"the "fair market value" of a private parcel is subject to "just compensation."Amendment 74 would place laws, ordinances, and regulations designed to protect public health and safety, the environment, our natural resources, public infrastructure, and other public resources in jeopardy. Matt Mire, Town Attorney, provided an overview of Amendment 74. Moffet moved to approve Resolution No. 40, Series of 2018, Resolution Opposing Amendment 74; Foley 2nd the motion passed (7-0). 4.6. Resolution No. 41, Series of 2018, A Resolution Supporting Proposition 110 "Let's Go, Colorado" to Increase Funding for Statewide and Local Transportation Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve or deny Resolution No. 41, Series of 2018 Background: On November 6, 2018, state voters will have the opportunity to support a measure to increase the state sales tax by 0.62% for twenty years, or about six cents on a ten-dollar purchase, for statewide and local transportation needs. The increased demands on Colorado's transportation infrastructure has resulted in increased traffic congestion, safety concerns, air pollution, and lost worker productivity. The Colorado Department of Transportation (CDOT) has identified $9 billion in much needed statewide transportation projects that lack funding. Proposition 110 could be expected to raise $767 million in its first year and allow for the bonding Town Council Meeting Minutes of October 16,2018 Page 5 of$6 billion for state transportation projects. Eagle County and its communities are expected to receive over$58.5 million in state transportation funding for local projects over the next 20 years from this revenue source, which will help bring an estimated $293 million in additional transportation funding to improve Eagle County mobility. Matt Mire, Town Attorney, provided an overview of Proposition 110. Moffet moved to approve Resolution No. 41, Series of 2018, A Resolution Supporting Proposition 110 "Let's Go, Colorado" to Increase Funding for Statewide and Local Transportation; Langmaid 2nd the motion passed (5-2; Bruno and Foley opposed). 4.7. Resolution No. 42, Series of 2018, A Resolution Supporting Eagle County Colorado Ballot Question Authorizing without Raising Taxes the Extension of the Existing 1.5 Mill Levy Related to Eagle County Open Space Program from Fifteen Years from Its Current Expiration Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve or deny Resolution No. 42, Series of 2018 Background: Eagle County submitted and had approved by the electors of Eagle County on November 5, 2002, a question to increase property taxes by one and one-half (1.5) mills for the purpose of acquiring, maintaining, or permanently preserving open space in Eagle County (the "Open Space Mill Levy"). Without raising taxes, the County desires to extend to the existing Open Space Mill Levy for an additional fifteen (15) years from the current expiration of 2025 to 2040 to provide on-going funding for the Open Space Program. Extension of the Open Space Mill Levy will allow the Open Space Program to plan for future open space acquisitions, improvements, short and long-term maintenance, restoration and stewardship of its open space lands. This item was removed by Council at the beginning of the meeting. 5. Break (Est. 10 min.) 6. Public Hearings 6.1. A call up, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town of Vail Design Review Board on September 5, 2018 for the approval of a new two-family structure located at 1012 Eagle's Nest Circle, Lot 2, Block 6, Vail Village Filing No. 7, and setting forth details in regard thereto. (TC18-0004) Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall uphold, uphold with modifications, or overturn the Design Review Board's decision of September 5, 2018. Background: Pursuant to Section 12-3-3C-1, Appeal of Planning and Environmental Commission Decisions, Design Review Board Decisions And Art In Public Places Board Decisions: Authority, and Section 14-1-6, Appeals, Vail Town Code, the Town Council shall have the authority to call up any decision, determination or interpretation by the Design Review Town Council Meeting Minutes of October 16,2018 Page 6 Board (DRB) with respect to the provisions of Title 12, Zoning Regulations, and Title 14, Development Standards, Vail Town Code. Jonathan Spence, Senior Planner, provided council with a background concerning the property. The existing home was constructed in 1965 and the applicant intends to replace the existing home with a new two-family residence. The applicant submitted an application for the conceptual review of the redevelopment of the property on June 25, 2018. The application was heard before the Design Review Board on July 18th where comments were offered from board members and members of the community. August 13, 2018 the applicant provided the Town with revised plans for a requested review of new construction before the DRB. These plans underwent an internal review by all applicable Town departments including Community Development, Public Works and Fire. With minor conditions, the application was determined to be in compliance with applicable technical and dimensional standards. On September 5, 2018 the application was heard before the DRB in a public hearing format following a second site visit to the property and the surrounding areas. After deliberations, following a discussion between the applicant and the members of the DRB and after public comment was received, both in person and in writing, the DRB voted unanimously (5-0) to approve the project with the following set conditions: 1. Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. 2. Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3 Appeals. 3. No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). 4. Prior to requesting any final inspection, the applicant shall demonstrate to the Public Works Department compliance with the Sight Distance Triangle. 5. The applicant shall provide an amended site plan with the BP submittal showing the limits of disturbance fence encompassing all proposed grading work, including work on the adjoining property. 6. Prior to submitting a building permit application, the applicant shall amend the plans to replace the lower stucco below the metal siding with the project stone. On September 18, 2018 the Vail Town Council called the item up for additional review. This item was scheduled for the October 16, 2018 Town Council meeting. Dominic Mauriello, Mauriello Panning Group, LLC, representing the applicant provided an overview of the project duplex stating the application was in full compliance with the DRB guidelines and standards. Council called for public comment: ✓ Shawn Bryne, a local developer, supported the project and thought it represents a positive progressive in design. ✓ Diana Donovan, Vail resident, thought the design was not compatible with the neighborhood due to its boxy design and flat roof. Donovan felt the neighborhood compatibility was fundamental to the town's design standards. ✓ Michael Tanner, Homestake Circle homeowner, stated he attended the DRB hearing on in July and on September 5 did not feel the proposed project complied with the spirit and Town Council Meeting Minutes of October 16,2018 Page 7 written word of the Town Code. Tanner felt the development substantially altered the look of their neighborhood. Public comment was closed. Mauriello responded to comments on behalf of the applicant stating the guidelines that not all homes have to look alike but be compatible with size, color, building material, etc. which Mauriello stated this project does. Some Council members understood the neighbors protest, but felt the DRB did their job and followed the guidelines. Langmaid felt some of the designs in Vail have crossed the line regarding compatibility and she would like more emphasis on mountain character with the use of modern design. Moffet made a motion to uphold the September 5, 2018 Design Review Board decision to approve a request for the construction of a new primary/secondary two-family structure, 1012 Eagle's Nest Circle, Lot 2, Block 6, Vail Village Filing No. 7, and setting forth details in regard thereto. Bruno seconded the motion passed (4-3; Langmaid, Mason and Foley opposed). 6.2. Ordinance No. 18, Series of 2018 -An ordinance amending and repealing portions of Ordinance No. 5, Series of 2016, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4(Cascade Village); 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. 18, Series of 2018, upon first reading. Background: The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 18, Series of 2018, an ordinance amending and repealing portions of Ordinance No. 5, Series of 2016 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village). Staff Recommendation: On September 24, 2018, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, with a condition, of a major amendment to Special Development District No. 4, Glen Lyon Subdivision Jonathan Spence, Senior Planner, introduced Dominic Mauriello with Mauriello Planning Group, LLC, as the representative for the applicant. Mauriello provide the history of Special Development District No. 4 and an overview of the ordinance. Cascade Village, which includes the subject properties, was approved under Eagle County jurisdiction prior to annexation by the Town of Vail in 1975 and was, zoned SDD#4 in 1976. Unlike other Special Development Districts within the Town of Vail, the project does not have an underlying zone district. Originally, Lots 39-1 and 39-2 were on large residential lot permitted for a duplex. In 1982, via a major amendment to the SDD, the property was split into two (2) single family lots. This amendment also included a dedication of land to the adjacent town-owned Streamtract. In 1997, also via a Town Council Meeting Minutes of October 16,2018 Page 8 major amendment to the SDD, the property became subject to the development standards of the Two-family Primary/Secondary Residential (PS) District, similar to other low density residential lots within the SDD, while maintaining the allowable density at one unit per lot. Although originally proposed as an option, the Vail Town Council required both lots to include an onsite Type II EHU with a minimum size of 500 square feet of GRFA. Although the required EHUs were Type II, additional allowances of GRFA, permitted under the Type II regulations, were specifically prohibited. Mauriello stated the PEC approved the following criteria: • Compatibility: The proposed major amendment involved only the reconfiguration of an existing building envelope, minor modifications to the location of retaining walls and the creation of a recreational amenity envelope solely for at grade and below grade improvements. • Relationship: The proposed major amendment would have a minimal effect on the permitted uses, activities or site density. • Parking and Loading: The proposed major amendment may result in a reduction of the required parking for the property upon development. • Comprehensive Plan: The proposed major amendment conformed to the following elements of the Vail comprehensive plan, town policies, and urban design plans: Vail Land Use Plan Chapter II — Land Use Plan Goals/ Policies (in part) ✓ 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. ✓ 1.3 The quality of development should be maintained and upgraded whenever possible. ✓ 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). ✓ 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. • Natural and or Geologic Hazard: The subject property was not located within any natural or geologic hazard. • Design Features: Future development on the site would be required to meet all applicable development standards and require a review by the Design review Board. • Traffic: The proposed major amendment would have no effect on on-site or off-site traffic circulation. • Landscaping: The proposed major amendment does not include any changes to the landscaping or open space on the site. • Workable Plan: The proposed major amendment does not include any phasing or subdivision plan. There was no public comment. Moffet made a motion to approve Ordinance No. 18, 2018 Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated September 24, 2018, 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 Town Council Meeting Minutes of October 16,2018 Page 9 conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Coggin seconded the motion passed 7-0 6.3. Ordinance No. 17, Series of 2018, First Reading, An Ordinance Repealing and Reenacting Chapter 10-1 of the Vail Town Code and Adopting by Reference the 2018 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code: and the 2017 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; with Amendments thereto Presenter(s): Chris Jarecki, Chief Building Official Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, 2018, Series of 2018, upon first reading. Background: The building codes are updated on a three-year cycle after an extensive code development process in which all interested and affected parties may participate. This allows for the codes to stay current with the continually changing laws and technology that affect the construction industry. Staff Recommendation: On September 20, 2018 the Building and Fire Code Appeals Board, forwarded a unanimous recommendation, for approval, for the adoption of the 2018 building codes. Chris Jarecki, Chief Building Official, explained the adoption of the 2018 building codes were drafted in order to protect the heath, safety and welfare of the community. The fee changes were minor and reflected the cost of doing business. Jarecki noted the fees have not been updated since 1999. There was no public comment. Foley moved to approve Ordinance No. 17, Series of 2018, First Reading, An Ordinance Repealing and Reenacting Chapter 10-1 of the Vail Town Code and Adopting by Reference the 2018 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code: and the 2017 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; with Amendments thereto; Bruno second the motion passed (6-1; Moffet opposed). 6.4. Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low-Speed Electric Vehicles and Golf Cars Presenter(s): Patty McKenny, Town Clerk Action Requested of Council: Staff requests the Ordinance be tabled until the November 6, 2018 council meeting. At this time staff would like more time to review this topic across departments, i.e. both public works and police departments. Town Council Meeting Minutes of October 16,2018 Page 10 Background: Pursuant to C.R.S. §42-4-111, the Town is empowered to regulate the operation of low-speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which addresses allowing electric vehicles on town streets. Several hotels are currently using electric vehicles to transport skis and guests to the mountain. Topics to consider might include identifying a drop off location as well as identifying which streets would be accessed by these vehicles. Moffet moved to table Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low-Speed Electric Vehicles and Golf Cars; Foley 2nd 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 9:30 p.m. Respectfully Submitted, Attest: V A I0 ve Chapin, ay.r •� I ieralICIPPAIIM. • OF to Nom.',agel, 1�epu own Cle • *34 . • , lOr a,,iN.v1V; C�01,'1-P0%714.7: 04 �t• BR Town Council Meeting Minutes of October 16,2018 Page 11 Vail Town Council Meeting Minutes Tuesday, November 6, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Patty McKenny, Town Clerk 1. Citizen Participation Wendy Rimel representing Mery Lapin announced the Vail International Hockey groups 30th trip to China sharing its information about the groups successes and travel history overseas to Russia and China. 2. Proclamations 2.1. Proclamation No. 9, Series of 2018, Recognizing Colorado Gives Day Presenter(s): John Weiss, Small Champions Proclamation No. 9 was read and approved. 3. Recognition for Business Recycling Challenges Awards 3.1. Business Recycling Challenge Awards Presentation Presenter(s): Mark Hoblitzell, Environmental Sustainability Coordinator Action Requested of Council: Recognize Businesses. The Town of Vail's Business Recycling Challenge took place in the month of September. 7 local businesses participated and each business improved recycling over the course of the challenge. Participants improved their recycling rate on average 13% and demonstrated local leadership in waste diversion programs. A presentation was made by Mark Hoblitzell and recognition was given to the local businesses. Town Council Meeting Minutes of November 6,2018 Page 1 4. Consent Agenda 4.1. Minutes from October 2, 2018 meeting Moffet moved to approve minutes from October 2, 2018; Foley seconded the motion and it passed (4-0; Moffet, Langmaid, and Mason were absent from the October 2 meeting). 4.2. Resolution No. 43, Series of 2018, A Resolution Updating 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 Moffet moved to approve Resolution No. 43; Foley seconded the motion and it passed (7-0). 5. Town Manager Report 5.1. Town Manager Report A number of items were highlighted from the Town Manager report. 6. Presentations/ Discussion 6.1. Eagle River Community Water Plan Presentation Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager, Holly Loff, Eagle River Watershed Council Action Requested of Council: Informational only; no formal action needed. Background: The Eagle River Community Water Plan is an Eagle River Watershed Council (ERW C) led effort to develop proactive water management recommendations that anticipate changes to population growth and increasing municipal demand for water in Eagle County, climate change, and projects related to the 1998 Eagle River Memorandum of Understanding (ERMOU) —an intergovernmental agreement for developing municipal water supplies in the upper Eagle River watershed. Planning activities will focus on the mainstem Eagle River from its headwaters on Tennessee to the confluence with the Colorado River, the hydrologic influence of all of the tributaries will be considered with extra focus on the East Fork of the Eagle River and Gore and Homestake Creeks. 6.2. Vail Trails Sidewalk Connection on Vail Valley Drive Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Approve the construction of a sidewalk connection at the Vail Trails Chalets along Vail Valley Drive with private improvements remaining in the Right of Way. Background: This section of Vail Valley Drive has not had a connecting sidewalk due to the private improvements in the Right of Way. The owners have agreed to complete a joint project to construct the sidewalk in 2019 if the private improvement can remain in the Right of Way. Town Council Meeting Minutes of November 6,2018 Page 2 Staff Recommendation: Support the construction of the sidewalk and provide direction as to whether or not to maintain the private improvements within the Right of Way. After a presentation by Tom Kassmel, Town Engineer, there was some discussion about the proposed project, funded by the town and the owners of the Vail Trails Chalet. There was public support from Bart Cuomo for the project as well. There was council support of the privately funded components of the project in light of the needs for safety improvements with the sidewalk in that area. The Town would require DRB approval and a revocable right of way license agreement with the homeowners as well. Moffet moved to approve the $85K funds in 2019 for the construction of the sidewalk on Vail Valley Drive in front of the Vail Trails Chalet which would be covered by a rollover of CIP monies from 2018. There was support for completing the private improvements in the town's right-of- way areas for stairs, pavers, landscaping, and privacy-wall. Foley seconded the motion and it passed (7-0). 7. Action Items 7.1. Draft Letter to Eagle Holy Cross Ranger District as Public Comment to Vail Resorts, Inc. Proposal for a Snowmaking Project on Vail Mountain Presenter(s): Dave Chapin, Mayor Action Requested of Council: Discussion and motion on draft letter of support for snowmaking proposal. Background: The Eagle-Holy Cross Ranger District is seeking public comment in response to a Vail Resorts proposal for a snowmaking project on Vail Mountain. Vail Resorts has asked for a Letter of Support for the project from the Town of Vail. Staff has reviewed the formal proposal documents, attended the public open house at the Eagle-Holy Cross Ranger District on October 23rd and discussed the project internally, as well as with several representatives of the U.S. Forest Service and Vail Resorts. The purpose of this memorandum is to outline the proposal, its potential benefits to the town and to address potential impacts for the town council to consider as part of a Letter of Support. A draft Letter of Support is attached for the Town Council to review and to suggest changes. The deadline for public comment is November 9, 2018. Mayor Chapin introduced the topic with an opportunity for some council discussion. Langmaid expressed concerns about the impacts on the watershed areas because of the project and requested some hydrological modeling be done in an effort to then understand and mitigate any problems. Greg Johnson , VP of Mountain Operations, explained that a thorough assessment is included in their proposal, as part of the NEPA review process. It was noted the public input process has a deadline of November 9. Moffet moved to approve the town's letter of support to the USFS about Vail Resort's Inc. proposal for snowmaking on Vail Mountain, and directed the Town Manager to forward the letter on their behalf. Langmaid requested that an additional sentence be included that would request future monitoring be done by VRI to assess the future runoff and erosion potential. Foley seconded the motion and it passed (7-0). Town Council Meeting Minutes of November 6,2018 Page 3 7.2. Ordinance No. 19, Series 2018, First reading, an ordinance repealing and reenacting Chapter 14 of Title 4 of the Vail Town Code, regarding Short Term Rental properties Presenter(s): Kathleen Halloran, Finance Director and Johannah Richards, Sales Tax and Licensing Administrator Action Requested of Council: Approve or approve with amendments Ordinance No. 19, Series 2018 Background: This ordinance proposes changes to the Short Term Rental regulations effective March 1, 2018. Please see the attached memo for details. Staff Recommendation: Approve or approve with amendments Ordinance No. 19, Series 2018 A presentation by Kathleen Halloran, Finance Director, was made and included the following proposed changes to the regulations taking into consideration recent public input: registration requirements and no exemptions (for condo hotels), change to professionally managed properties that would now be allowed to have a "registered agent", decriminalization of violations, changes to what is required with local agent, decreased fees, etc. Chapin requested public input at this time. Bart Cuomo, Vail Realty, expressed continued concerns with the fees being imposed and requested more information about complaints. Kim Newbury, the Antlers, expressed concerns about the fees and explained it directly impacts their budget. East West Hospitality representative also expressed concerns about the fees. Staff noted some information about the complaints (96 total) received to date that addressed parking, noise, wildlife and trash and were about many properties are currently licensed and managed by property managers. Council comments were heard at this time and there was consensus to waive the fees for the first year and consider a more tiered approach to the fee structure. Foley moved to approve Ordinance No. 19, Series 2018, First reading, an ordinance repealing and reenacting Chapter 14 of Title 4 of the Vail Town Code, regarding Short Term Rental properties with the condition to waive first year fairs and continue to work with lodging owners to create a fair and equitable fee system for registrations. Coggin seconded the motion and it passed (6-1; Moffet opposed). 7.3. Ordinance No. 20, Series of 2018, First Reading, Ordinance amending Section 5-3- 2, Definitions,Vail Town Code, to amend the definition of a certified solid fuel burning device, concerning air pollution control Presenter(s): Chris Neubecker, Planning Manager Town Council Meeting Minutes of November 6,2018 Page 4 Action Requested of Council: Town Council shall approve, approve with modifications, or deny Ordinance No. 20, Series of 2018, based on the recommendation of the Community Development Department. Background: The current Municipal Code detailing Air Pollution Control and the specifications for solid-fuel burning devices (wood burning stoves) is out of date and does not accurately reflect the current Colorado Department of Public Health and Environment(CDPHE). The proposed ordinance will ensure that the Vail Town Code aligns with these state and national air quality standards. Staff Recommendation: The Community Development Department recommends amending Title 5, Chapter 3 of the Municipal Code to accurately reflect current and future air quality standards set forth by the Colorado Department of Public Health and Environment(CDPHE). Moffet moved to approve Ordinance No. 20, Series of 2018, First Reading, Ordinance amending Section 5-3-2, Definitions, Vail Town Code, to amend the definition of a certified solid fuel burning device, concerning air pollution control; Langmaid the motion and it passed (7-0). There was no public input on the topic. 8. Public Hearings 8.1. Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low-Speed Electric Vehicles and Golf Cars Presenter(s): Dwight Henninger, Vail Police Dept., Greg Hall, Director of Public Works& Transportation Background: Pursuant to C.R.S. §42-4-111, the Town is empowered to regulate the operation of low-speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which addresses allowing electric vehicles on town streets. Several hotels are currently using electric vehicles to transport skis and guests to the mountain. A number of topics have been raised for discussion regarding this use in Vail. Chapin opened the public hearing for second reading on the ordinance. Chief Dwight Henninger introduced the topic and summarized the components of the current legislation. Andy Liepold, General Manager of the Lion, thanked the town for its consideration of the legislation and expressed support of the state law which allows for these vehicles. Moffet moved to approve Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low-Speed Electric Vehicles and Golf Cars. Bruno seconded the motion and it passed (7-0). There was no further public input on this topic. 8.2. Ordinance No. 17, Series of 2018, Second Reading, An Ordinance Repealing and Reenacting Chapter 10-1 of the Vail Town Code and Adopting by Reference the 2018 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code: and the 2017 Edition of the National Electrical Code; and the 1997 Edition Town Council Meeting Minutes of November 6,2018 Page 5 of the Uniform Code for the Abatement of Dangerous Buildings; with Amendments thereto Presenter(s): Chris Jarecki, Chief Building Official Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 17, 2018, Series of 2018, upon second reading. Background: The building codes are updated on a three year cycle after an extensive code development process in which all interested and affected parties may participate. This allows for the codes to stay current with the continually changing laws and technology that affect the construction industry. CJ, Chief Building Official, introduced the topic and summarized the work conducted by the appeals board, Some comments were made about the fee structure with a note that larger vs smaller projects all take time to review and the staff was comfortable with the proposed fee structure; it was noted the fees have been in place since 1999. The public hearing was opened; no comments were made. Foley moved to approve Ordinance No. 17, Series of 2018, Second Reading, An Ordinance Repealing and Reenacting Chapter 10-1 of the Vail Town Code and Adopting by Reference the 2018 Editions of the International Building Code, International Residential Code, International Fire Code, International Energy Conservation Code, International Plumbing Code, International Fuel Gas Code, International Mechanical Code, International Existing Building Code: and the 2017 Edition of the National Electrical Code; and the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings; with Amendments thereto. Langmaid seconded the motion and it passed (6-1; Moffet opposed). 8.3. Ordinance No. 18, Series of 2018, Second Reading, Ordinance amending and repealing portions of Ordinance No. 5, Series of 2016, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4(Cascade Village); 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. 18, Series of 2018, upon second reading. Background: The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a first reading of Ordinance No. 18, Series of 2018, an ordinance amending and repealing portions of Ordinance No. 5, Series of 2016 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village) Staff Recommendation: On October 16, 2018 the Vail Town Council unanimously approved Ordinance No. 18, Series of 2018, on first reading. Town Council Meeting Minutes of November 6,2018 Page 6 Chapin opened the public hearing. Moffet moved Ordinance No. 18, Series of 2018, Second Reading, Ordinance amending and repealing portions of Ordinance No. 5, Series of 2016, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, Development Area C, SDD No. 4 (Cascade Village); and setting forth details in regard thereto. Coggin 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 8:05 p.m. �spP tfullyS •min -•, Attest: A /@a• Mayer V ' 04 :11%f '"""''•,�O Patt 1c -nny, Tow Clerk , ' 4111 \i +v V Town Council Meeting Minutes of November 6,2018 Page 7 Vail Town Council Meeting Minutes Tuesday, November 20, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tern Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Greg Clifton, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Mery Lapin, Vail Resident, reported on the funding for the sculpture "Pete's Dream" stating citizens have raised $169,400 for the art work and anticipate another$5,000 - $10,000 2. Consent Agenda 2.1. Resolution No. 44, Series of 2018, A Resolution Approving the Operating Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2019 through December 31, 2019 Moffet made a motion to approve; 2nd by Bruno; approved 6-1 (Foley opposed). 3. Town Manager Report 3.1. Town Manager Report Town Manager Greg Clifton reviewed his report with council asking if they were in support of sending a letter similar to the letter in his report from the Town of Avon to the Federal Communications Commission to advocate on behalf of cable franchise agreement and local High Five Access. Council agreed and asked Clifton to prepare a letter to be presented at the December 4th meeting. 3.1. "Delivering Housing -Sharing Vail's Housing Story with Tahoe/Truckee Region" Presenter: George Ruther, Director of Housing. Town Council Meeting Minutes of November 20,2018 Page 1 Ruther shared with council his trip to Lake Tahoe and the Truckee Region where he spoke to several different groups about the Vail InDeed Program and the Chamonix housing development. 3.2. Update about Parking Structure Construction at Red Sandstone Elementary School Presenter: Greg Hall, Public Works Director Hall provided a brief update on the Red Sandstone parking garage stating most of the interior was complete, but the exterior East Tower was not yet finished. The parking equipment was to be delivered in the a few weeks along with the cameras. Hall noted the weather was working against the construction schedule. When asked about the Red Pass holders, Hall confirmed the Red Pass holders were to use the Lionshead Parking Structure until the Red Sandstone parking garage opens. 4. Presentations/ Discussion 4.1. The Town of Vail staff to present their event feedback of the 2018 Colorado Classic. Presenter(s): Mia Vlaar, TOV Economic Development Director Ernest Saeger, TOV Special Event Coordinator, Randy Braucht, TOV Police Department, Chris Botkins, TOV Police Department Action Requested of Council: No action requested. Informational only. Background: On Tuesday, August 21st, 2018; members of the Town of Vail team met to review the just-completed 2018 Colorado Classic professional cycling event. The round-table format meeting was a forum to discuss the after-action review items and lessons learned from the event. Since August 21st, the Vail Valley Foundation has presented an initial Colorado Classic event recap to Town Council and to several boards and commissions as follows: Town Council on October 16, the Commission on Special Events on November 7, the Vail Economic Advisory Council on November 13, and the Vail Local Marketing District Advisory Council on November 15. Saeger, Special Event Coordinator, provided a recap to council of the 2018 Colorado Classic and four key action items that should be considered if the event returned to Vail next year: 1. Identify potential modifications to the circuit course to reduce impacts to residents and visitors. 2. Improve the traffic management plan including and maintaining ingress/egress for the Lionshead Parking Structure. 3. Identify key traffic hold points and develop a method to release locations in a manner that poses no risk to race participants. 4. Develop key relationships with Colorado Department of Transportation to ensure accurate and consistent messaging for Interstate 70 users. Council asked for public comment. Mike Imhoff, Vail Valley Foundation, acknowledged there was room for improvement, but noted the type of race circuit directs the type of impacts. Imhoff stated a criterium race would have the least impact since its several laps around a closed circuit and produces high energy. Imhoff would be meeting with staff in early December to discuss any future race plans. Town Council Meeting Minutes of November 20,2018 Page 2 4.2. Overview of 2018 Wildland Fire Year Presenter(s): Mark Novak, Vail Fire Chief; Paul Cada Wildland Fire Program Manager Action Requested of Council: Information Only Background: Staff will provide an overview of the 2018 Wildland Fire Year. Staff will also highlight current strategies and activities intended to reduce the risk of catastrophic wildland fire within the Town of Vail. Chief Novack spoke to council about the fire environment changing over time and becoming larger and more impactful on communities. Some of the fire impacts and threats include: direct impacts on homes, businesses and infrastructure; flash flooding and debris flow in Gore Creek; diminished wildland habitat; recreational and tourism impacts of area closures, smoke, hazmat issues and ability to recover. Wildland Fire Program Manager Paul Cada stated staff had been working on a Community Wildfire Protection Plan since early this year and it would be ready to present to council spring 2919. The Town has been covered by the County's protection plan, but the County's plan really didn't address Vail's needs. There have been some community comments that will also be incorporated into the plan. Additionally, Cada reviewed specific activities the fire department has been conducting over the year: ✓ Resilient landscapes — Intermountain Fuels and Forest Health; 11 acres of slash piled and burned and approximately 100 tons of slash removed. ✓ Curbside assessment program — year 2 of 5 rotation; 880 parcels assessed, new customer friendly report available, made direct contact with about 10% of occupants during assessments. ✓ Community Chipping - 134 calls for service, 300 hours of staff time, safe and more efficient method of slash disposal for homeowners. Chief Novak shared with council that his department has been working with been working with the Community Development Department and the Board of Appeals on an amended version of International Wildland Urban Interface Code; which addresses both construction and landscaping of new construction and significant additions. The goal is to prevent embers from catching a home on fire. Novack is working with other departments throughout the county determining if uniform fire restrictions could be modified when not applicable within the Town of Vail. Council asked about overhead powerlines being a risk in areas throughout Vail. Novack stated overall the Vail neighborhoods were in pretty could shape. Council member Langmaid requested the fire department to assess the Bellflower neighborhood. 5. Action Items 5.1. First reading of Ordinance No. 21, Series 2018, an Ordinance Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses and Liabilities of the Town of Vail, Colorado for its Fiscal Year January 1, 2019 Through December 31, 2019. Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager Town Council Meeting Minutes of November 20,2018 Page 3 Action Requested of Council: Approve or approve with amendments Ordinance No. 21, Series 2018. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 21, Series 2018. Clifton reviewed the budget philosophies which were discussed at the August 12, 2018 meeting. Additionally, Clifton reminded council the importance of reserve fund balances was to tenable the town to withstand unforeseen events and economic downturns. Halloran, Finance Director, reviewed the responses to some of council's questions from the November 6 meeting during an initial budget review concerning Council Contributions, Staffing and Housing Fund. Some council members questioned "gifting" $20,000 of tax payer's money to Red Sandstone Elementary School as another tax payer funded entity. Halloran reviewed staffing requests explaining the increase in fulltime employees occurred over a 10-year period and the majority of these increases since 2010 were specifically: • Events: 1 FTE • Welcome Center Operations: 4.6 FTE • Environmental Initiatives: 1 FTE • Added services for overnight parking, new and extended bus routes: 2.02 FTE • Housing: 1.15 FTE • Reinstatement of planners and inspectors: 2.5 FTE • Maintenance workers to support new town assets including the Red Sandstone Parking Garage and 1-70 underpass: 3.5 FTE • Innovation Officer: 1.0 FTE • Fire department restructuring, addition of West Vail Fire Station and Wildlands/Forest Health Services: 5.5 FTE The General Fund Operations included a placeholder of $20,000 for an open-air community dinner outreach event to expand the Town Council's civic engagement activities. Council agreed for $10,000 community engagement placeholder. The Housing Fund was increased from $1.5 million to $2.5 million annually. Total revenues for the Town of Vail are projected at $67.9 million. Halloran explained the projected revenues were a 5.6% decrease from the 2018 forecast and a 1.4% increase from the 2017 actual results. 62% of the estimated $27/1 million in sales tax collections was budgeted to go toward General Fund operations and the remaining 38% to go towards the Capital Projects Fund. Halloran went on to review the budget notebook with council. Council discussed some of the 2019 contribution recommendations including • A request from the Vail Valley Foundation for $110,000 reimbursement for installation of a new videoboard at the Ford Park Amphitheater. Council agreed to pay $55,000.00 rather than $110,000. • Drones vs. fireworks. Council did not support $20,000 allocated for drones. • Nonprofit Operations. Some Council members questioned paying for"Operations" • Donating rental of the Donovan Pavilion to Red Sandstone Elementary for fund raising rather than $20,000. John King, Ski and Snowboard Club Vail, presented a brief video on the club's program. The Ski and Snowboard Club Vail requested a contribution of $500,000, which would be contributed over 5 years, to fund an expansion of Golden Peak. The expansion would allow Vail to host world class alpine events for women's downhill Super G. Town Council Meeting Minutes of November 20,2018 Page 4 Public comment was called. ✓ Tom Talbot, Vail Resident, spoke in favor of the club receiving the contribution. ✓ Dick Cleveland, Vail resident, questions using tax payers' funds for a capital contribution for property outside of town limits. There would be little or no public access and did not benefit the community. There was no more public comment. Council agreed the organization is a plus to the town but they were not comfortable with spending taxpayer's money towards an area the Town does not own or control. Moffet made a motion to approve to approve Ordinance No. 21, Series for 2018 as amended; Foley seconded the motion passed 7-0. 5.2. Ordinance No. 22, Series 2018, First Reading, Ordinance providing for the levy assessment and collection of the town property taxes due for the 2018 tax year and payable in the 2019 fiscal year. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 22, Series 2018. Background: The town is required by Colorado state law to certify the mill levy by December 25 of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 22, Series 2018. Moffet made a motion to approve Ordinance No. 22, Series of 2018; Foley seconded the motion passed by 7-0. 6. Public Hearings 6.1. Ordinance No. 20, Series of 2018, Second Reading, an ordinance amending Section 5-3-2, Definitions, Vail Town Code, to amend the definition of a certified solid fuel burning device, concerning air pollution control. Presenter(s): Chris Neubecker, Planning Manager Action Requested of Council: Town Council shall approve, approve with modifications, or deny Ordinance No. 20, Series of 2018, based on the recommendation of the Community Development Department. Background: The current Municipal Code detailing Air Pollution Control and the specifications for solid-fuel burning devices (wood burning stoves) is out of date and does not accurately reflect the current Colorado Department of Public Health and Environment (CDPHE). The proposed ordinance will ensure that the Vail Town Code aligns with these state and national air quality standards. Town Council Meeting Minutes of November 20,2018 Page 5 Staff Recommendation: The Community Development Department recommends amending Title 5, Chapter 3 of the Municipal Code to accurately reflect current and future air quality standards set forth by the Colorado Department of Public Health and Environment (CDPHE). Moffet made a motion to approve Ordinance No. 20, Series of 2018; Langmaid seconded the motion passed 7-0. 6.2. Ordinance No. 19, Series 2018, Second reading, an ordinance repealing and reenacting Chapter 14 of Title 4 of the Vail Town Code, regarding Short Term Rental properties (This item will be tabled until the December 4 meeting) Presenter(s): Kathleen Halloran, Finance Director and Johannah Richards, Sales Tax and Licensing Administrator Action Requested of Council: Table second reading of Ordinance No. 19, Series 2018 to the December 4, 2018 Town Council meeting. Background: This ordinance proposes changes to the Short-Term Rental regulations effective March 1, 2018. Please see the attached memo for details. Staff Recommendation: Table second reading of Ordinance No. 19, Series 2018 to the December 4, 2018 Town Council meeting. Moffet made a motion to table Ordinance No. 19 Series of 2018; Foley seconded the motion passed 7-0. There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 9:38 p.m. Respectfully Submitted, I/1( Attest: i- 4 apin, Ma o NO • Clara-gel, Town • erk A 40) 11aORASE� Town Council Meeting Minutes of November 20,2018 Page 6 Vail Town Council Meeting Minutes Tuesday, December 4, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Jen Mason Greg Moffet Members absent: Kim Langmaid Staff members present: Greg Clifton, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation There was no citizen participation. 2. Proclamations 2.1. Proclamation No. 10, Series of 2018, A Proclamation Declaring December 7, 2018, as "WhoVail Day"! Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail and Kirsten Dunn, Director of Public Relations and Communications Four Seasons Resort and Residences Vail. Each Council member read a sentence from the proclamation. Macfarlane the Four Season's GM, invited the community to come and enjoy the gingerbread house at the hotel. The grinch shared hot chocolate and cookies with the council members. 3. Appointments for Boards and Commissions. 3.1. Appoint Members to Commission on Special Events Mayor Pro Tern, Jenn Bruno, moved to appoint Barry Davis, Mark Gordon, Alison Wadey and Marco Valenti for a two-year term. Moffet second the motion passed 6-0. Council thanked all the applicants who interviewed with them during the afternoon session. Town Council Meeting Minutes of December 4,2018 Page 1 4. Consent Agenda 4.1. Resolution No. 39, Series of 2018, A Resolution Amending and Approving a Mutual Release of Restrictive Covenant Amended and Restated Development Agreement Between the Town of Vail and Alejandro Gonzalez Cimadevilla Moffet made a motion to approve Resolution No. 39, Series of 2018. Foley seconded and the motion passed 6-0. 4.2. Resolution No. 44, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County Regarding the Town of Vail Recycle Drop Site and Setting Forth Details in Regard Thereto. Moffet made a motion to approve Resolution No. 44, Series of 2018. Foley seconded and the motion passed 6-0. 4.3. Resolution No. 45, Series of 2018, A Resolution Approving the Purchase of Vail East Lodging Unit 2, 4233 Spruce Way, Vail CO. 81657. Moffet made a motion to approve Resolution No. 45, Series of 2018. Foley seconded and the motion passed 6-0. 4.4. TOV Fire Dept. Letter to USFS Re: Muddy Pass/Sheephorn Project Moffet moved to approve the letter to the USFS. Foley seconded and the motion was approved 6-0. 4.5. FCC Cable Franchise Letter Moffet moved to approve the FCC letter. Foley seconded and the motion was approved 6-0. 5. Town Manager Report Greg Clifton, Town Manager, reviewed his written report with council. Clifton noted employee vacancies in the IT Dept.; list of awards in the Fire Dept. and being fully staffed in the Community Development and the Police Department. Greg Hall, public Works Director, provided council with an update on the Red Sandstone Parking Structure. Hall requested permission from the council to allow the contractor to buy out level 3 and 4 of the structure for safety concerns while the school in under construction. Levels 1 and 2 would have 80 spaces available to Red Pass holders once the garage was ready t open. By a show of hands, all council members agreed to allow the contractor to buy out level 3 and 4 of the garage. 6. Presentations/Discussions 6.1. Update on Snow Days taking place December 13-16, 2018. Presenter(s): Mia Vlaar, Economic Director and Peggy Wolfe, Highline Action Requested of Council: No action requested. Informational only. Background: The Town of Vail, Vail Resorts, Highline, and community partners have come together to support a new and improved, large scale community wide event to stimulate demand and drive visitation in Vail from December 13— 16, 2018. Town Council Meeting Minutes of December 4,2018 Page 2 The Commission on Special Events funded Snow Days $30,000 in 2018 and the Vail Town Council funded an additional $270,000 in August 2018. This funding is in addition to Vail Resorts committing to fund $200,000 and provide additional sponsorships and marketing support. James Dieghan, Highline Sports and Entertainment, provided council an overview of Snow Days investment and ROI initiatives. The Commission on Special Events had provided $30,000 for Snow Days, plus $270,000 from the Vail Town Council. Vail Resorts has committed to fund $200,000 and provide additional sponsorships and marketing support. The event will be on December 13-16, 2018 with community partnerships from restaurants, merchants and retailers; celebrate snow extended event programming; A-List Talent Acquisition; and Lodging Partnerships. The four-day event would be beginning Thursday night with a bonfire at Golden Peak, headliner concerts on Friday and Saturday nights at Ford Park, & event activation. Initial occupancy reports over Snow Days weekend are already outpacing 2017 by over 9%. Dieghan noted this was the best collaboration between the Town, VR and his organization. Bruno complimented Dieghan and his team for their efforts and the occupancy levels. Foley complimented the team on the entertainment. There was no public comment. 6.2. CDOT 1-70 West Vail Pass Auxiliary Lanes Project Update. Presenter(s): Greg Hall, Public Works Director, John Kronholm CDOT Project Manager and Dick Cleveland, Vail Representative Action Requested of Council: Listen to the presentation and provide feedback Background: CDOT is conducting an environmental assessment and conceptual design for safety improvements, including installing auxiliary lanes on the eastbound and westbound lanes on 1-70 on the west side of Vail Pass, from MM 180 to MM 190.Improvements in this project study area were included as a part of the preferred alternative CDOT selected in the 1-70 Mountain Corridor Programmatic Environmental Impact Statement (1-70 PEIS, a tier 1 National Environmental Policy Act (NEPA) process). This presentation is an update of the progress to date and an invitation to a Public Meeting on December 13, 2018 from 4:30 to 6:30 at Donovan Pavilion. This meeting is critical to hear from the public regarding the potential impacts and mitigation required to eventually construct the project. Staff Recommendation: Provide initial feedback to CDOT and encourage the public to attend as well as Town Council members attendance at the Public Meeting December 13. Greg Hall, Public Works Director, stated this presentation was for information only. The purpose of the 1-70 West Vail Pass Auxiliary Lanes project was to improve safety and operations. John Kronholm, CDOT project manager, provided more details about widening the east bound and west bound roadways to 3, 12-foot lanes and shoulder widths would. Kronholm stated by adding the third lanes would assist: • Speed differentials resulting in sideswipes and rear end crashes • Reduce the number of closures by allowing more width to maintain single lane traffic during incidents. • Allowing more room for driver correction. • Assist with steep grades and tight curves with high number of slow-moving vehicles. Town Council Meeting Minutes of December 4,2018 Page 3 A public open house would be held on Dec. 13 from 4:30 to 6:30 pm at Donovan Pavilion for additional information about the project. The purpose for the open house is to provide the community with an update on progress since the February 2018 public meeting; gather public comments regarding the proposed action and to gauge public prioritization of core values related to design option refinement. Dick Cleveland, the Vail representative for the project, noted there are 16 bridges on this section of roadway, many of them would be impacted. He stated there would be impacts on water quality, wildlife, noise, light pollution and recreation. It would require multiple years of construction and encouraged the community to come to the open house to make it the best project it could be. Public comment was called. Michael Cacioppo asked about toll lanes and requiring truckers to stay in right lane. Public comment was closed. Moffet questioned what CDOT would do to protect our water and if CDOT would ever getting the funding for the project. Chapin urged citizens to contact legislative delegation and other state officials to request better, immediate solutions to reduce closures on Vail Pass. 7. Action Items 7.1. Ordinance No. 23, Series of 2018, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, and Dispatch Services Fund. Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 23, Series 2018. Staff Recommendation: Approve or approve with amendments Ordinance No. 23, Series 2018. Carlie Smith, Financial Services Manager, reviewed the supplemental which requested an adjustment to the 2018 budget to reflect $4,649,780 of additional revenue and proposed an increase of$1,836,540 to expenditures. The $1,247,318 increase budgeted revenue would reflect actual collections in 2018 above and beyond the 2018 original budget. Budgeted revenue would also be adjusted by an increase of$380,978 which Smith stated was directly offset by corresponding expenditures. An overall increase in budgeted expenditures of$628,439 included the remaining $323,723 of expenditures: ✓ $270,000 Council Contribution to be transferred to the Marketing Fund for an elevated Snow Days event as approved on August 7th. ✓ $7,250 to begin live streaming the DRB and PEC meetings. ✓ $10,000 to restock bus schedule maps ✓ $25,418 for an audit of the town's telecommunication services accounts including land lines, data, internet, and wireless accounts. The audit will result in annual savings of$26,485. ✓ $11,055 in salaries ($8,305) and benefits ($2,750) for one winter seasonal maintenance worker and one fulltime winter maintenance worker paired with an irrigation worker. Both of these positions are included in the 2019 and the 2018 expenditure is to hire these positions in December. Additionally, Smith noted the Town received an out-of-cycle contribution request for$5,000 from the Vail International Hockey Association to help pay for an International trip to China. The donation would help cover ice time, evening entertainment, uniforms, and other group travel expenses. Smith stated though this request was not currently included in the first reading of the Town Council Meeting Minutes of December 4,2018 Page 4 supplemental, and if Council supported the request it would be included in the 2nd reading on December 18th. The supplemental budget ordinance proposed to increase the Capital Projects Fund budgeted revenue by a total of$2.6 million. The original budget projected a five-year payback, but with VRA tax collections coming in higher than budget, the payback will span only three years. The 2018 expenditures supplement of$762,000. Included: • $350,000 from the 2019 budget to upgrade nodes and networking gear for the public "wi-fi" access system originally installed in 2014. • $312,000 was requested to be transferred to the Housing Fund for the purchase of a housing unit at East Vail Lodging (Unit 2) which would become part of the town's employee rental pool. • $100,000 was to upgrade the locking system at the municipal building entrances. The proposed budget adjustments would result in an estimated fund balance of$14.3 million by the end of 2018. Increasing the budgeted revenue of the Real Estate Transfer Tax (RETT) Fund Staff by $330,000 to reflect actual RETT collections during 2018. Budgeted revenues would also be adjusted by an increase of$172,384. This included grant revenues of$13,684 from the Nature Conservancy to help offset costs for the Intermountain Fuels project. The remaining $158,700 of revenue would be offset by corresponding expenditures including $8,700 for E-Waste Collection Day and $150,000 of donations for the Pete Seibert memorial statue "Pete's Dream". Smith stated to date $169,400 had been raised through community support. With the town managing the project funding, the full $300,000 project cost must be appropriated, with the donation revenue as an offset. The remaining $171,500 of expenditures included: • $75,000 to perform a wildlife mitigation and habitat improvement plan on the East Vail parcel. This would include an environmental assessment for the National Environmental Policy Act (NEPA). • $80,000 brought forward from the 2019 budget for design costs for the Nature Center remodel as approved by Council on September 18th. • $16,500 real estate transfer tax collection fee to be paid to the General Fund to correspond with increases in real estate transfer tax collections. Public comment was called. ❖ Mery Lapin, Vail International Hockey Club representative, stated this would be the 13th international trip for the players and the 6th trip to China. Lapin stated the trip was an opportunity for the local youths to interact with different cultures and promote the Town of Vail. Lapin stated there would be media covering this event. Moffet made a motion to adopt Ordinance No. 23, Series of 2018 upon first reading as presented. Bruno seconded the motion. Foley confirmed the current motion did not include the $5000 for the Vail International Hockey Club. The motion failed 3-3 (Foley, Mason and Coggin opposed). Bruno requested more information from the Vail International Hockey Club such as how many members are Vail residents. Bruno went onto say she did not agree the town should pay for kids to go on trips and kids should fundraise instead and offered the use of the Donovan Pavilion for such an event. Moffet agreed. Coggin disagreed and thought this was an opportunity to invest in the youth in the community. Mason confirmed there would be an opportunity during second reading to revisit this request. Town Council Meeting Minutes of December 4,2018 Page 5 Moffet made a motion again to pass Ordinance No. 23, Series of 2018 upon first reading as presented. Bruno seconded and the motion passed 5-6 (Foley opposed). 8. Public Hearings 8.1. Ordinance No. 19, Series of 2018, Second Reading, An Ordinance Repealing and Reenacting Chapter 14 of the Vail Town Code, Regarding Short Term Rental Properties. Presenter(s): Kathleen Halloran, Finance Director and Johannah Richards, Sales Tax and Licensing Administrator Action Requested of Council: Approve or approve with amendments Ordinance No. 19, Series 2018 upon second reading. Staff Recommendation: Approve or approve with amendments Ordinance No. 19, Series 2018 upon second reading. Kathleen Halloran, Finance Director, provided council a short recap of Ordinance No. 19, Series of 2018 since the first reading on November 6, 2018. Halloran stated on November 13th town staff met the lodging/condotel group to gather more information. The ordinance and accompanying tiered fee structure would address many of the concerns that were voiced by both the property management representatives as well as recent input from the condo- tel/lodging community. • Any rental of a residential dwelling unit less than 30 days as a STR requires a registration. • Allowing "professionally managed" properties to be represented by a designated agent for the registration process and remittance of taxes. • Creation of an umbrella application for professionally managed units, so multiple properties can be registered under one application as long as information on each property is listed. • Decriminalization of violations of the STR Ordinance. This means that rather than issuing a summons to municipal court, there is a fine structure for unresolved complaints or violations of the ordinance. • Based on feedback from participating citizens, Council agreed to revise the ordinance to no longer require the property owner's name and contact information on the posting in the interior of the rental unit. The posting must still contain the contact information of the local representative. • A majority of Council agreed to the $150 per property/unit fee during the October 16th meeting, however based on feedback received from property managers and the condo-tel lodging community, council directed staff to implement a tiered fee structure. The proposed fee structure: ✓ $150 per unit fee for individually rented units ✓ A 50% discount ($75) per unit fee for professionally managed properties ✓ A 75% discount ($37.50) per unit fee for professionally managed properties with a 24/7/365 onsite manager("condotels"). Fractional units will pay per unit, not per owner March 1, 2019. Halloran went onto say the ordinance amendments would become effective March 1, 2019. Public comment was called. • Bart Cuomo, property management, felt the fees are still too high. ❖ Magda King, Antlers GM, thanked staff for their efforts. King stated there would be a hardship since the lodges did not budget for the registration fees. Town Council Meeting Minutes of December 4,2018 Page 6 ❖ Matt Ivy, GM for Vail Racquet Club, agreed with King's statements concerning the hardship the ordinance would create for the lodging industry throughout town. Moffet made a motion to approve Ordinance No. 18, Series of 2018 upon second reading. Bruno seconded and the motion was approved 6-0. 8.2. Resolution No. 46, Series of 2018, A Resolution Establishing Fees for the Registration of Short-Term Rental Properties. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Resolution No. 46, Series 2018. Background: This resolution sets the fees for the annual registration of short-term rental properties. Staff Recommendation: Approve or approve with amendments Resolution No. 46, Series 2018. Kathleen Halloran, Finance Director, and Matt Mire, Town Attorney, reviewed briefly the resolution with council. The fees are to cover the costs of the program and are revenue neutral. Compared to other communities the fees being proposed are low. Moffet and Mason would like to see the proposed fees to be lowered. Bruno felt this was a way to create a system that is fair to all. Chapin expressed concern lowering the fees then raising them on a later date. Public comment was called. ❖ Triumph Mountain Properties representative says there shouldn't be a difference in the fee structure between professionally managed units with or without a front desk. ❖ Bart Cuomo stated the fees are unfair and should not be intended to support administrative costs. Moffet made a motion to approve Resolution No. 46, Series of 2018 with a change of a three- tiered fee structure to $5 for professionally managed STR providing onsite management services for 24 hours; $10 for professionally managed STR without onsite management services for 24 hours; and $37.50 for STR's managed by an owner without a professional property management firm. Coggin seconded the motion and it was approved 6-0. 8.3. Ordinance No. 21, Series of 2018, Second Reading, An Ordinance Adopting a Budget and Financial Plan and Making Appropriations to Pay the Costs, Expenses and Liabilities of the Town of Vail, Colorado for its Fiscal Year January 1, 2019 through December 31, 2019. Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 21, Series 2018. Staff Recommendation: Approve or approve with amendments Ordinance No. 21, Series 2018. Town Council Meeting Minutes of December 4,2018 Page 7 Kathleen Halloran, Finance Director, provided council a brief overview of the changes per Council's direction at the first reading on November 20tH • A reduction of$10,000 in the placeholder of$20,000 for an open-air community dinner outreach event to expand the Town Council's civic engagement activities. • Reduction of$20,000 in funding for the Red Sandstone Elementary STEM Lab that was requested as a part of annual Council Contributions. • $55,000 was added to the proposed budget to help fund the new HD Digital videoboard at Ford Park Amphitheater installed during 2018. • $400,000 capital expenditure has been requested by the Timber Ridge Operating Committee to mitigate rockfall hazards above Timber Ridge Apartments based on results of an updated assessment. • $20,000 that had been a placeholder for a laser or drone show to replace 4th of July fireworks was removed from the proposed budget. Public comment was called. ❖ Alan Kosloff, chairman of Bravo development committee, asked Council to help fund two performances of the Italian opera La Tosca coming to Vail this summer. ❖ Michael Cacioppo requested the Council to withhold funding until there is an understanding for of Highline's policies such as of selling tables at Oktoberfest. • Mike Imhof, Vail Valley Foundation, asked council to reconsider the full request for$110,000 for the HD digital videoboard at the amphitheater. ❖ Caitlin Murray, executive director of Bravo! Vail, additionally requested council to reconsider funding for the opera programming. • Jeff Andrews, Vail Jazz, asked Council to reconsider the additional funding request for programming. Bruno made a motion to approve Ordinance No. 21, Series of 2018 upon second reading with removal of the $110,000 for the Colorado Classic and addition of the $400,000 for rockfall mitigation. Moffet seconded the motion and it passed 4-2 (Foley and Mason opposed). 8.4. Ordinance No. 22, Series of 2018, Second Reading, Ordinance Providing for the Levy Assessment and Collection of the Town Property Taxes Due for the 2018 Tax Year and Payable in the 2019 Fiscal Year. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 22, Series 2018. Background: The town is required by Colorado state law to certify the mill levy by December 15 of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 22, Series 2018. Carlie Smith, Financial Services Manager, quickly reviewed Ordinance No. 22 with Council stating there were no changes since first reading on November 20th Moffet made a motion to approve Ordinance No. 22, Series of 2018 upon second reading. Foley seconded the motion and it passed 6-0. Town Council Meeting Minutes of December 4,2018 Page 8 There being no further business to come before the council, Moffet moved to adjourn the meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at 9:35 p.m. Re •-ctfully ,ub t -d, Attest: •�,I II A 4"In'a hapin ayor W 4 'j2-----L_____ 411 amm, agel, • i 1 erk dstAtk 0A .10, 14 4/A44.1 ‘ 1,%kae Volk, --i,..,-VIS 0064:r G., ° 1,�, ,n=,tr--. NC) °RAT5° Town Council Meeting Minutes of December 4,2018 Page 9 • Vail Town Council Meeting Minutes Tuesday, December 18, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Greg Clifton, Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk Staff member absent: Patty McKenny, Assistant Town Manager 1. Citizen Participation There was no citizen participation. 2. Consent Agenda 2.1. Resolution No. 48, Series of 2018, A Resolution Approving an Art Installation Agreement Moffet made a motion to approve Resolution No. 48, Series of 2018. Foley seconded and the motion passed 7-0. 2.2. Resolution No. 49, Series of 2018, A Resolution Deferring the Regular Meeting of the Vail Town Council from January 1, 2019 to January 8, 2019 Moffet made a motion to approve Resolution No. 49, Series of 2018. Foley seconded and the motion passed 7-0. 2.3. Minutes from October 16, 2018 Moffet made a motion to approve October 16, 2018 meeting minutes with the correction to the cover page listing all council members were present at that meeting. Foley seconded the motion and it passed 7-0. 2.4. Minutes from November 6, 2018 Moffet made a motion to approve the November 6, 2018 meeting minutes. Coggin seconded the motion and it passed 7-0. Town Council Meeting Minutes of December 18,2018 Page 1 2.5. Minutes from November 20, 2018 Moffet made a motion to approve the November 20, 2018 meeting minutes. Foley seconded the motion passed 7-0. 3. Town Manager Report Greg Clifton, Town Manager, reviewed his report and possible retreat dates with Council. Council agreed to February 20, 2019 for the retreat. 4. Action Items 4.1. Ordinance No. 24, Series of 2018, An Ordinance Amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, to Amend the Example Employee Housing Unit Calculation. Presenter(s): Ashley Clark, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 24, Series of 2018, upon first reading. Background: On October 3, 2017, the Vail Town Council adopted amendments to Section 12- 23-2, Employee Generation and Mitigation Rates, Vail Town Code, which established revised Employee Generation Rates by Type of Commercial Use. These changes included an increase in the number of employees per 1,000 feet of new net floor area for an eating and drinking establishment from 6.75 employees to 10.2 employees. In response to this change, a preexisting example provided in Section 12-23-2C must also be updated in order to be consistent with the changes made in 2017. There is no material change proposed to the existing policy. This ordinance will fix an error in the Town Code Staff Recommendation: The Community Development Department recommends that the Vail Town Council approve Ordinance No. 24, Series of 2018. Ashley Clark, Community Development Planner, stated there are no policy changes to the code. This ordinance was merely administrative. There was no public input. Moffet made a motion based upon the review of the criteria outlined in of Section III of the December 10, 2018 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality Bruno seconded the motion and it passed 7-0. Town Council Meeting Minutes of December 18,2018 Page 2 4.2. Slifer Plaza Fountain Design Update and Request to Award Contract Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: Direct the Town Manger to enter into a design-build contract in a form approved by the Town Attorney with BrightView Landscape Development Inc. for the design and reconstruction of the Slifer Plaza Fountain in the amount of$1,343,806. Background: On September 4, 2018, Council directed staff to utilize the 2016 fountain design, with additional safety enhancements, as a natural fountain that anticipates play activities. The BrightView proposal for Design-Build Services for the Slifer Plaza Fountain includes design development and construction documents coordinated between landscape architects and fountain construction group to maximize value and constructability as well as fountain construction including removal and salvage for reuse of existing boulders, demolition of existing fountain basin and removal of existing pump and filter system, all required plumbing, pumps, filters, controls and electrical, construction of new fountain basin utilizing salvaged boulders, landscaping, irrigation, fountain start up, testing and warranty. Todd Oppenheimer, Capital Project Manager/Landscape Architect, presented to Council an updated design for the Slifer Plaza Fountain. Oppenheimer noted the new design was similar to the existing fountain, but improved the action of water and was safer for guests to use. The design showed an upper pool which cascaded to the lower pool and stone edges were flushed with the pavement. Langmaid asked about the surface of the fountain. Oppenheimer stated the surface is ruff making it not slippery when walked on. Foley confirmed everything would be replaced on the new fountain since the old fountain us leaking. Moffet confirmed the contract amount. Mason requested the contractor to be aware of the special events that would be occurring during construction. There was no public input. Moffet made a motion to direct the Town Manager to enter into a design build contract with BrightView Landscape and Development Inc in the amount of$1,343,806. Foley second the motion and it passed 7-0. 5. Public Hearings 5.1. Ordinance No. 23, Series of 2018, Second Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Fund, Marketing Fund, Heavy Equipment Fund and Dispatch Services Fund. Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 23, Series 2018. Staff Recommendation: Approve or approve with amendments Ordinance No. 23, Series 2018. Smith reviewed Ordinance No. 23, Series of 2018 with council since the first reading confirming the $5,000 was not included for the Vail International Hockey Club and there were no changes. Town Council Meeting Minutes of December 18,2018 Page 3 There was no public input. Langmaid asked about STEM lab funding requested from Red Sandstone. Bruno stated Council denied the funding in the 2019 budget because the Town had previously provided Red Sandstone a one time donation to initiate the program. Bruno noted Council offered the use of the Donovan Pavilion for fundraising efforts. Council discussed the $5000 request from the hockey club. Bruno pointed out the lack of Vail kids on the list traveling to China. Mason stated she would not support the $5k request after receiving several calls from citizens who complained about hockey club's for girls hockey. Langmaid made a motion to add a $20,000 award to Red Sandstone Elementary School to support its STEM lab. Foley second the motion and it passed 4-3 (Moffet, Bruno, Chapin opposed). There being no further business to come before the council, Foley moved to adjourn the meeting and Moffet seconded the motion which passed (7-0) and the meeting adjourned at 6:39 p.m. Res.- tfully bmtt-d Attest: ave Chapin, ayor agel, To . -r'� k.or"skif "4/416rettst" QC? '1-P0 R Town Council Meeting Minutes of December 18,2018 Page 4