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HomeMy WebLinkAbout2019 Vail Town Council Minutes Vail Town Council Meeting Minutes Tuesday, January 8, 2019 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 Penny Wilson, Bald Mountain Townhomes resident, encouraged Vail residents to participate in the composting pilot program located at the Public Works facility. Wilson was surprised on how easy it was to use. Michael Cacioppo, thanked council for returning to two hours of free parking in the structures and complimented the new chairs in the council chambers for the audience. Judge Allen, shared he was celebrating 40 years as being the Town's municipal judge and was looking forward to serving for years to come. Ed Padilla, East Vail resident, spoke to council about developing a long-term landscaping plan to soften the 1-70 corridor with trees. Padilla requested permission to meet with public works employees to assist with some information gathering. 2. Appointments for Boards and Commissions 2.1. Appointment of Vail Local Licensing Authority Bruno made a motion to appoint Michael Szmaida to serve on the Local Licensing Authority for a one-year term ending on May 31, 2020; Moffet seconded the motion passed (7-0). 3. Consent Agenda 3.1. Resolution No. 1, Series of 2019, A Resolution Designating a Public Place Within the Town of Vail for the Posting of Notice for Public Meetings of the Vail Town Town Council Meeting Minutes of January 8,2019 Page 1 Council, Planning and Environmental Commission, Design Review Board, and Other Board Commissions, and Authorities of the Town of Vail. Moffet made a motion to approve Resolution No. 1, Series of 2019; Foley seconded and the motion passed (7-0). 3.2. Resolution No. 2, Series of 2019, A Resolution Approving an Intergovernmental Agreement Creating the Eagle Valley Fire Cooperative Moffet made a motion to approve Resolution No. 2, Series of 2019; Bruno seconded and the motion passed (7-0). 3.3. Resolution No. 3, Series of 2019, Resolution Approving a First Amendment to a Lease Agreement Between the Town of Vail and the Vail Park and Recreation District Moffet made a motion to approve Resolution No. 3, Series of 2019; Bruno seconded and the motion passed (7-0). 3.4. Resolution No. 4, Series of 2019, Resolution Approving an Agreement Between the Town of Vail and Walking Mountains Science Center for the Operation of the Vail Nature Center Moffet made a motion to approve Resolution No. 4, Series of 2019; Coggin seconded the and motion passed 6-0 (Langmaid recused herself from the vote). 3.5. Resolution No. 5, Series of 2019, A Resolution Approving a Lease Between the Town of Vail and Primapornto 1 Inc. for the Vail Village "Popcorn Wagon." Moffet made a motion to approve Resolution No. 5, Series of 2019; Coggin seconded and the motion passed (7-0). 3.6. Minutes from December 4, 2018 Moffet made a motion to approve the December 4, 2018 meeting minutes; Foley seconded and the motion passed (6-0) (Langmaid was absent from the December 4 meeting). 3.7. Minutes from December 18, 2018 Moffet made a motion to approve the December 4, 2018 meeting minutes; Foley seconded and the motion passed (7-0). 4. Town Manager Report Clifton reviewed his report with council which included updates on the Civic Area Plan, the bighorn sheep study, renovations to the administrative offices in the municipal building and the U.S. Mountain Community Summit being held at the Donovan Pavilion January 14-17. Clifton also reminded council he would be absent from the next meeting. Town Council Meeting Minutes of January 8,2019 Page 2 5. Public Hearings 5.1. Ordinance No. 24, Series of 2018, Second Reading,An Ordinance Amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, to Amend the Example Employee Housing Unit Calculation. Presenter(s): Ashley Clark, Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 24, Series of 2018, upon second reading. Background: On October 3, 2017, the Vail Town Council adopted amendments to Section 12- 23-2, Employee Generation and Mitigation Rates, Vail Town Code, which established revised Employee Generation Rates by Type of Commercial Use. These changes included an increase in the number of employees per 1,000 feet of new net floor area for an eating and drinking establishment from 6.75 employees to 10.2 employees. In response to this change, a preexisting example provided in Section 12-23-2C must also be updated in order to be consistent with the changes made in 2017. There is no material change proposed to the existing policy. This ordinance will fix an error in the Town Code Staff Recommendation: The Community Development Department recommends that the Vail Town Council approve Ordinance No. 24, Series of 2018. Moffet confirmed there were no changes since first reading. Moffet made a motion to approve Ordinance No. 24, Series of 2018; Coggin seconded and the motion passed (7-0). 5.2. Ordinance No.1, Series of 2019, An Ordinance Authorizing the Sale of Certain Real Property in the Chamonix Vail Development to STK, LLC for$875,000 Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 1, Series of 2019 upon first reading Background: In 2017, the Vail Town Council authorized the development of the Chamonix Vail Neighborhood in West Vail. Upon doing so, to maintain affordability of construction, a portion of the development site was reserved for future residential development. That portion of the site is legally described as Parcel D, of the Chamonix Vail Community plat. Upon completion of a real estate appraisal, the Vail Town Council authorized the town staff to submit the appropriate development application for review to facilitate the creation of Parcel E in preparation for a future sale. Parcel E is comprised of Parcel D and a small portion of Parcel A. A determination was made that it is more cost effective for the town to sell the property rather than attempting to build affordably on the site. The terms of the sale, however, do require the future development of at least one deed-restricted home on the site. The Town of Vail has received a contract to purchase the property which includes a full price offer, and all other terms required by the Vail Town Council. Matt Mire, Town Attorney, explained that at this time that Ordinance No. 1, Series of 2019 was removed from the agenda. Town Council Meeting Minutes of January 8,2019 Page 3 6. Executive Session 6.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) -to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Re: Possible Sale and Trade of Real Property. Presenter(s): Matt Mire, Town Attorney Moffet made a motion to adjourn into Executive Session. Foley seconded and the motion passed 7-0. 7. Any Action as a Result of Executive Session Moffet made a motion to list the Vail Village Inn Phase 5 unit with a broker; Foley seconded and 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 7:07 p.m. R- •- i ully ub i ted, Attest: gave Chapin, ayor 4474,, m, agel, Tow lerk die NrAt.t. 0 , +; a;4,110 O'rPO R Kt el Town Council Meeting Minutes of January 8,2019 Page 4 Vail Town Council Meeting Minutes Tuesday, January 15, 2019 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 Kim Langmaid Jen Mason Greg Moffet Members absent: Kevin Foley Staff members present: Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk Staff member absent: Greg Clifton absent 1. DRB/ PEC Update Presenter(s): Chris Neubecker, Planning Manager There were no call ups by Town Council 2. Presentations/ Discussion 2.1. Art in Public Places (AIPP) Program Information Update Presenter(s): Molly Eppard, Art in Public Places Coordinator and Margaret Rogers, AIPP Board Member Background: Update on AIPP installations, art donations, and programs during 2018 to present, as well as upcoming summer 2019 projects. The following will be highlighted during this AIPP presentation to Town Council: Patrick Dougherty Stickwork installation, the donation of"To the extent of how deep the Valley is at some given time" by Lawrence Weiner from the collection of Vicki & Kent Logan, Art Walks, 12th Annual Vail Winterfest- Holiday Lantern Walk and Ice Theater, Red Sandstone Elementary School Garage Public Art, Summer 2019 programming, and Ford Park Art Space. Patrick Dougherty AIPP Video: https://youtu.be/v-tfl6tdG24 Molly Eppard, Art in Public Places Coordinator, reviewed the Town's permanent public art collection which included 55 works ranging from painting, sculptures, murals, playground components, to site-integrated art. Eppard noted that 36 works were created by Colorado artists. A review of upcoming 2019 capital projects were also provided to council. These projects included public art at the Red Sandstone Elementary Parking Garage as well as Town Council Meeting Minutes of January 15,2019 Page 1 enhancing public spaces with murals from Colorado artists. Some of the spaces being considered are vents west of Dobson Ice Arena and parking garages. Eppard stated the AIPP board was exploring the idea of reutilizing the existing art shack structure located in Ford Park for multipurpose art space. Council complimented Eppard and the AIPP board on the excellent work they have done over the past years. 2.2. Vail Snow Days Recap/2019 Spring Back to Vail Funding Release Request Presenter(s): James Deighan, Highline Sports and Entertainment Action Requested of Council: Town Council is asked to authorize releasing the$300,000 for the Spring Back to Vail 2019 event which has a placeholder in the 2019 general fund budget. Background: Highline, Vail Resorts, and the lodging and merchant communities believe that the reconceptualized Snow Days presents a viable model for future large scale concert events during need periods. Snow Days 2018 will therefore serve as a model for Spring Back to Vail 2019 April 12-14. Vail Resorts has committed $200,000, plus incremental marketing and production support to the event. Highline is ready to begin planning the 2019 event, and therefore needs authorization for the release of$300,000. Peggy Wolfe, Highline Sports and Entertainment, presented a recap on the 2018 Vail Snow Days. Wolfe stated the partnerships between the Town, Vail Resorts and various local business guests spent more time in the town. Highline Sports and Entertainment estimated 8,000 each night at the concerts. Council was pleased with the recap and confirmed VR's contribution of $200,000 plus marketing and production support for this years' Spring Back to Vail. Council directed staff to release the $300,000 that had been allocated in the 2019 budget for Spring Back to Vail to Highline Sports and Entertainment. 3. Information Update 3.1. VLHA December 11, 2018 Meeting Results 4. Matters from Mayor, Council and Committee Reports Presenter(s): Dave Chapin, Mayor Background: Town staff requested council consider confirming the proposed date of March 12, 2019 for the annual "State of the Town" Community Meeting; the date worked for all membesr. • Mason stated she attended the 10th Mountain Legacy Ski Down and Parade and it was incredible. She reminded everyone there would be another chance to experience this event on the upcoming Friday. • Moffet stated the "ski with elected"was well attended and the next opportunity would by on February 22. • Chapin reminded Council members of the retreat on February 20. Chapin noted the U.S. Mountain Community Summit was happening at Donovan Pavilion the next 4 days. . • Bruno reminded Council the Annual Community Meeting on March 12 at Donovan Pavilion. • Coggin noted the Vail Police Department was co-sponsoring a Snow Safety Awareness event with the Vail and Beaver Creek ski patrol on February 11 at Donovan Pavilion. Town Council Meeting Minutes of January 15,2019 Page 2 5. Executive Session 5.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) -to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regarding: purchase or sale of real property. Presenter(s): Matt Mire, Town Attorney Moffet made a motion to adjourn to executive session citing the above recital; Bruno seconded the motion and it passed (6-0). 6. Any Action As A Result Of Executive Session There was no action taken during executive session. 7. Consent Agenda 7.1. USFS White River Forest Health and Fuels Management Project Comment Letter Moffet made a motion to direct the Town Manager to sign the letter; Bruno seconded and the motion passed (6-0). 8. Citizen Participation Taylor Gardarian asked Council to show support of his exploration of the directivity of time through his organization, Open Source Citizen Control of the United States of America. 9. Adjournment There being no further business to come before the council, Moffet moved to adjourn the meeting; Bruno seconded the motion which passed (6-0) and the meeting adjourned at 5:25 p.m. 10. The Vail Town Council will join the US Mountain Summit event at the Donovan Pavilion beginning at 5:30. The Summit is a four day conference addressing affordable housing and is sponsored by the Town of Vail, Vail Resorts, RCLCO and the Vail Valley • Partnership. - .- . S.bmi -d, Attest: - ` "e Chapin, Mayor Calaiboel, Taw . erk �� 4/".V � ` Hca Town Council Meeting Minutes of January ®F?A'(GV Page 3 Vail Town Council Meeting Minutes Tuesday, February 5, 2019 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 Jen Mason Members absent: Kim Langmaid Greg Moffet Staff members present: Greg Clifton, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Staff member absent: Tammy Nagel, Town Clerk 1. Citizen Participation George Arce, resident at Vail Commons, expressed concern about the calculation of value of his unit; he asked requested assistance with this matter. Taylor Guardian, requested a letter in support of his statements about time and officials oaths of office. Michael Hazard thanked town for helping to sponsor the US Mountain Communities Summit with support for local governments to continue working with the private sector development community. 2. Proclamations 2.1. Proclamation No. 1, Series of 2019, One Book One Valley, A Valley-Wide Community Read Sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, Vail and the County of Eagle Presenter(s): Lori Ann Barnes, Town of Vail Librarian The proclamation was read by town council and adopted unanimously (5-0). 3. Any action as a result of executive session No action was taken at this time Town Council Meeting Minutes of February 5, 2019 Page 1 4. Consent Agenda 4.1. Resolution No. 6, Series of 2019, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Colorado Department of Transportation for a Grant to Purchase Zero-Emission and Low-Emission Transit Buses Bruno moved to approve Resolution No. 6; Foley seconded the motion and it passed (5-0). 4.2. Resolution No. 7, Series of 2019, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District for the Red Sandstone Elementary Sanitary Sewer Main Extension Bruno moved to approved Resolution No.7; Foley seconded the motion and it passed (5-0). 4.3. Resolution No. 8, Series of 2019, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle County for Public Safety Communications Center Information Technology Support Mason moved to approve Resolution No. 8; Foley seconded the motion and it passed (5-0). 4.4. Resolution No. 9, Series of 2019, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and U.S. Forest Service for a Modification of Grant for Vail Intermountain Fuel Reduction Bruno moved to approve Resolution No. 9; Mason seconded and the motion passed (5-0). 4.5. Minutes from the January 8, 2019 Town Council Meeting Bruno moved to approve January 8 2019 meeting minutes; Mason seconded the motion and it passed (5-0). 4.6. Minutes from the January 15, 2019 Town Council Meeting Bruno moved to approve the January 15 2019 meeting minutes; Mason seconded the motion and it passed (4-0; Foley abstained). 5. Town Manager Report Several highlights were presented from the town manager report. There being no further regular business before the council, Foley moved to convene to executive session pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) —to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; Regardi u - ' - el; Coggin seconded the motion which passed (5-0) at 6:35 p.m. The execut = 'o.. ills"ills"o i --, at 7:05 pm. Foley then moved to adjourn the regular meeting; Cogg. seg••:-• - .,• . . d it passed (5-0). 1'44' ' tk '-'‘. e ,r0-4,-• Res•ectfully Submitte•, Attest: 2 m .Ami` 00N c:3 eve Chapin, payor '�0RATE� P ty M Ke tant Town Manager Town ounci eeting 1V inutes of February 5, 2019 Page 2 Vail Town Council Meeting Minutes Tuesday, February 19, 2019 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 Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Taylor Gardarian asked council to show support for his non-profit by taking an oath. Michael Cacioppo inquired about allegations made by Greg Arce regarding property at Vail Commons. Pavon Krueger is thanking the Town Council for its sponsorship of the recent Project Funway event. 2. Any action as a result of executive session Bruno made a motion to direct the town attorney to send a letter to Greg Arce informing him that the town correctly applied the maximum resale price for his unit at Vail Commons and to copy the letter to the rest of the Vail Commons homeowners; Moffet seconded the motion passed (7-0). 3. Proclamation 3.1. Proclamation No. 3, Series of 2019, In Recognizing of the Chinese New Year Celebration and Community Programming Sponsored by Vail Mountain School and Vail Public Library, Series of 2019 Presenter(s): Dave Chapin, Mayor Town Council Meeting Minutes of February 19,2019 Page 1 Action Requested of Council: Read and adopt proclamation. Background: Lori Barnes, Vail Public Library Director, and Le Kang, Vail Mountain School Teacher, will present a summary of their collaboration and cultural programming in recognition of the Chinese New Year. Barnes introduced LeKang, Vail Mountain School Teacher, who spoke to Council about 2019 being the Year of the Pig. The Vail Library collaborated with Kang and the Vail Mountain School with hosting a celebration with children and adults making lanterns and masks, eating dumplings and having a parade throughout the villages showing their excitement for the year of the pig. Moffet made a motion to approve Proclamation No. 3, Series of 2019; Bruno seconded and the motion passed (7-0). 4. Consent 4.1. Resolution No. 11, Series of 2019 - A Resolution to Modify the Official Avalanche Hazard Map to Show Revisions to the Moderate (Blue) and Severe (Red) Hazard Avalanche Areas Related to the Vail Meadows Avalanche Path in the Vicinity of 5002 Snowshoe Lane, Lot 23, Vail Meadows Filing No.1. Background: The Vail Meadows Avalanche Path is located in East Vail in the general vicinity of the Eagle River Water and Sanitation District water tank. This avalanche area was originally studied by Arthur I. Mears P.E. in 1975. This 1975 mapping was used as a basis for the report on snow avalanches produced in 1977 which was ultimately adopted by the Town of Vail. The applicant, Rick Schierberg, Peregrine Group Development, represented by Pavan Krueger, is requesting a modification to the Official Avalanche Hazard Map to revise the red and blue hazard avalanche area designations in the vicinity of 5002 Snowshoe Lane, Lot 23 Vail Meadows Filing No. 1, accurately reflecting the best data and modeling available. The revisions to the hazard map will result in the subject property and the adjacent parcels being largely removed from the red hazard avalanche area designation. Moffet made a motion to approve Resolution No. 11, Series of 2019; Bruno seconded and the motion passed (7-0). 4.2. 2019 Vail Slurry Seal Contract Award Background: Staff received 2 bids for the 2019 Slurry Seal Project. The project is budgeted with the Capital Street Maintenance budget and is within the engineer's estimate. Roads included in this year's asphalt preventive maintenance project include Buffehr Creek Rd, Lions Ridge Loop. Sunburst Dr. and Vail Valley Dr from Ptarmigan Rd to S Frontage Rd. The project is scheduled to be completed by June 21 , 2019. Town Council Meeting Minutes of February 19,2019 Page 2 Moffet made a motion to approve Resolution No. 11, Series of 2019; Bruno seconded and the motion passed (7-0). 5. Town Manager Report Clifton provided an overview of his written memo on the topics of various meetings, budget message, town hall renovations, staff updates and upcoming events. 6. Presentation/Discussion 6.1. Civic Area Plan — Presentation of Public and Stakeholder Input from Engagement Window 1 Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: Staff requests that Council review the presentation and provide direction related to the next steps proposed by the project team. Background: The town's Civic Area Master Plan kicked off last December with a public outreach campaign to key stakeholder groups, adjacent property owners, town boards and commissions, and the general public. The design team will present a summary of what they heard, including key themes and ideas; and they will also discuss next steps. Staff Recommendation: Staff recommends that Council reviews the presentation, provides feedback, and affirms or adjusts the suggested next steps. Gennett, Community Development Director, provided a brief overview and introduction of the consultant team. The team members presented to council on the following topic points: ✓ Project Overview ✓ Approach to Community Engagement ✓ What We Heard ✓ Site Influences and Opportunities ✓ Next Steps Since mid-December, the town's planning consultant team had been gathering community feedback on ideas for future improvements to town-owned properties in the Civic Area. These properties included: • Lionshead Parking • Transportation Center • Charter Bus Lot • Dobson Ice Arena • Vail Public Library • Vail Municipal Building Complex. The outreach had generated responses from nearly 400 participants who had provided input through an online survey hosted by the town at EngageVail.com. During the Town Council Meeting Minutes of February 19, 2019 Page 3 presentation, key themes ranged from a desire for more parking and improved pedestrian connections, inviting open spaces between facilities, to a second sheet of ice, additional community meeting spaces, and recognition of the library as a highly valued community asset. The consultant team explained the information received through this initial engagement would be used to refine next steps in the process by identifying ideas and concepts warranting further exploration. The next steps would include the development of a series of programming concepts that would be distributed across the 10-acre study area. The Town Council would be asked to narrow the concepts in May when additional involvement from civil engineering, environmental, traffic and economic/market specialists on the project team would provide a more detailed analysis. The Town Council would eventually select a preferred concept, which would be incorporated into a draft master plan for refinement and adoption later in the year. 7. Break (10 min.) 8. Action Items 8.1. Parking and Transportation Task Force Update Presenter(s): Greg Hall, Director of Public Works Action Requested of Council: Provide direction to the staff regarding the recommended summer 2019 Parking plan to include: • Direct staff to continue the paid overnight fee structure put in place last summer for the summer 2018 as outlined above. Background: The Vail Parking & Transportation Task Force met on February 8, 2019 to review statistics from the summer 2018 season as well as make recommendations for the summer 2019 parking program. The Vail Parking & Transportation Task Force makes the following recommendations: Continue the same $25 overnight parking program in the Vail Village and Lionshead parking structures as last summer with the addition of promoting the benefits and availability of the Red Sandstone Garage. Free overnight use at Red Sandstone would be available, but would be monitored for vehicle storage issues. The Task Force also recommends maintaining the exemptions described above which were offered in 2018. Staff Recommendation: Staff recommends the Town Council approve the Parking and Transportation Task Force recommendations for the summer 2019 Parking Program. Greg Hall, Public Works Director, presented recommendations of the Vail Parking and Transportation Task Force for 2019 summer. Hall explained the Task Force members reacted favorably to the overall reductions in overnight vehicle storage in the parking Town Council Meeting Minutes of February 19, 2019 Page 4 structures. The $25 per night fee was considered to be the appropriate deterrent to discourage a significant amount of vehicle storage, thereby creating additional capacity for free parking offered during the day and limiting overflow parking on the frontage road. Hall stated the Task Force recommended promoting the availability of the Red Sandstone Parking Garage for use during the summer, especially on weekends and during special events such as the Fourth of July. Most Task Force members suggested the Red Sandstone Garage would be a viable option for those accessing Lionshead and will become increasingly popular as users experience its convenience. Hall also acknowledged that until the Vail Health Hospital renovations were complete in the fall of 2020 which includes a total of 604 spaces of on-site parking, additional analysis would be needed to determine if further policy changes would be suggested for the future. Hall stated staff had not yet reviewed and evaluated the program last fall. Therefore funds to continue the program in 2019 would be supplemented. The revenue collected in 2018 covered the additional expense to carry out the program. Council members suggested creating new ways to make sure the Red Sandstone Parking Garage is fully utilized and the need to improve transit options as well. 8.2. Ordinance No.2, Series 2019, An Ordinance Amending Portions of Title 4, Chapter 3, of the Vail Town Code Related to Sales Tax to Adopt Certain Statewide Standardized Definitions and to Make Revenue-Neutral Amendments Needed to Implement Those Definitions. Presenter(s): Carlie Smith, Financial Services Manager and Alex Jakubiec, Sale Tax Administrator Action Requested of Council: Approve or Approve with Amendments Ordinance No.2, Series 2019. Staff Recommendation: Approve or Approve with Amendments Ordinance No.2, Series 2019. *Council member, Coggin, left the meeting at 8:30pm due to illness. Carlie Smith, Financial Services Manager, explained to council this ordinance would adopt statewide standardized definitions. There was no public comment. Moffet made a motion to approve Ordinance No. 1, Series of 2019; Foley seconded the motion passed 6-0 (Coggin absent) 8.3. Ordinance No. 1, Series of 2019, An ordinance for a Zone District Boundary Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code to allow the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, Town Council Meeting Minutes of February 19, 2019 Page 5 1968) from unidentified to Low Density Multiple- Family 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. 1 , Series of 2019, upon first reading. Background: The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple- Family District (LDMF). This application is being processed concurrently with a Land Use Plan Amendment (PEC18-0046) that will facilitate, if approved by the Town Council, an application for the development of the subject property for residential garages. Staff Recommendation: On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code Jonathan Spence, Senior Planner, quickly reviewed the ordinance with council. There was no public comment. Moffet made a motion to approve Ordinance No. 1, Series of 2019; Foley seconded the motion passed 6-0 (Coggin absent) 8.4. Resolution No. 10, Series of 2019, A Resolution modifying the Official Land Use Map to change the designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. Presenter(s): Jonathan Spence, Senior Planner Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Resolution No. 10, Series of 2019. Background: The applicant, The Town of Vail, is requesting a review of the Vail Land Use Plan Map, pursuant to Section 8-3, Amendment Process, Vail Land Use Plan, to change the land use designation of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Medium Density Residential. Subsequent to this application, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zoning of the property from unidentified to Medium Density Multiple- Town Council Meeting Minutes of February 19,2019 Page 6 Family (MDMF) District The Land Use Plan Amendment and rezoning will facilitate, if approved by Town Council, an application for the development of the subject property for residential garages. Staff Recommendation: On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, of the Vail Land Use Plan Map amendment, pursuant to Section 8-3, Amendment Process, Vail Town Code. Jonathan Spence, Senior Planner, reviewed the resolution with council stating Resolution No. 10, 2019 accompanies Ordinance No. 1 , 2019. Moffet made a motion to approve Ordinance No. 1, Series of 2019; Foley seconded the motion passed 6-0 (Coggin absent). 9. Adjournment There being no further business to come before the council, Moffet moved to adjourn the meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned at 9:10 p.m. Respectfully ubmitted, ~ r r Attest: ..r v!:�e Chapin, ayor .6 C Q • y Na� I To Clerk FL okr 4ve '1pORATo Town Council Meeting Minutes of February 19, 2019 Page 7 Vail Town Council Meeting Minutes Tuesday, March 5, 2019 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 Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Jeff Babb, representing Vail Resorts, reminded council of the last 10th Mountain Legacy Parade taking place on Friday, March 8th at 7pm. This event has exceeded expectations! Babb thanked the town and the Commission on Special Events for a great partnership. 2. Proclamations 2.1. Proclamation No. 4, Series of 2019, In Recognition of Vail's Trailblazer Award Recipient Glenn Porzak Presenter(s): Dave Chapin, Mayor Action Requested of Council: Read and approve proclamation. Background: Glenn Porzak was chosen as the fourth recipient of the Vail Trailblazer Award, a water rights attorney who worked tirelessly through the decades to advance and protect water rights for Vail. Each council member read a portion of Proclamation No. 4 into the record. Unfortunately Glenn Porzak was unable to attend the meeting due to weather and pass closures. Rick Sackbauer, Vail resident, spoke about Porzack's water rights accomplishments and reasons why Porzack deserved the 2019 Trailblazer Award. Porzak, a noted water rights attorney, would be recognized at the Annual Community Meeting on March 12th at Donovan Pavilion. Moffet made a motion to approve Proclamation No. 4, Series of 2019; Foley seconded the motion passed (7-0). 3. Presentations / Discussion Town Council Meeting Minutes of March 5,2019 Page 1 3.1. Eagle County Law Enforcement Agencies awarded the 2018 "Serve Us" Award from the Colorado Special Olympics Presenter(s): Town of Vail Dispatcher Fernando Almanza and Officer Nick Deering Background: The Eagle County law enforcement agencies were awarded the 2018 "Serve Us" Award from the Colorado Special Olympics. The Vail Police Department participates in a number of events to raise funds for the Special Olympics including; Tip a Cop, Torch Run and the Polar Plunge. Dispatcher Fernando Almanza and Officer Nick Deering will update the Council on the award and upcoming events. Dispatcher Almanza and Officer Deering told council about the Police Department's participation in a number of events to raise funds for the Special Olympics including Tip a Cop, Torch Run and the Polar Plunge. They requested council members to join them at the Polar Plunge at Nottingham Lake on March 30th 4. Appointments for Boards and Commissions 4.1. Appoint 3 Members to the Building and Fire Codes Appeals Board (B&FCA) Presenter(s): Dave Chapin, Mayor Action Requested of Council: Make a motion to appoint three persons 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 made a motion Rollie Kjesbo, Steve Loftus and Kyle Webb to the Building and Fire Code Appeals Board; Langmaid seconded the motion passed (7-0). 5. Any action as a result of executive session Council asked that a potential pre-development agreement for acquisition of deed-restrictions associated with the East Vail parcel be scheduled for discussion at the March 19 meeting and that the proposed term sheet be released for public review as soon as possible. 6. Consent Agenda 6.1. Resolution No. 12, Series of 2019, A Resolution Approving a Third Amendment to Agreement Between Eagle County Housing and Development Authority and The Town of Vail. Moffet made a motion to pass Resolution No. 12, Series of 2019; Foley seconded d the motion passed (7-0). 6.2. Resolution No. 13, Series of 2019, A Resolution Adopting the 2018 Eagle County CO Hazard Mitigation Plan Update Moffet made a motion to pass Resolution No. 13, Series of 2019; Foley seconded d the motion passed (7-0). Town Council Meeting Minutes of March 5,2019 Page 2 6.3. February 5, 2019 Town Council Meeting Minutes Foley made a motion to pass February 5, 2019 meeting minutes; Mason seconded the motion passed 6-0 (Moffet was absent from the February 5 meeting). 6.4. February 19, 2019 Town Council Meeting Minutes Moffet made a motion to pass the February 19, 2019 meeting minutes; Foley seconded the motion passed (7-0). 6.5. Stephens Park Water Quality Contract Award Moffet made a motion to authorize the Town Manager to enter into an agreement with Icon Inc. in the amount of$70,000.00; Mason seconded the motion passed (7-0). 6.6. Contract Award Ford Park Weather Shelter Background: The purpose of this item is to request the Town Council to direct the Town Manager to enter into a construction contract with RA Nelson, Inc. in an amount not to exceed $535,527 for the construction of the Ford Park Softball Field Weather Shelter. Moffet made a motion to authorize the Town Manager to enter into an agreement with RA Nelson in the amount of$535,527.00; Mason seconded the motion passed (7-0). 6.7. Contract Award 2019 Landscape Improvement Projects at Buffehr Creek Park and Ford Park Background: The purpose of this item is to request the Town Council to direct the Town Manager to enter into a construction contract with GH Daniels III and Associates, Inc. in an amount not to exceed $94,089.19 for the 2019 Landscape Improvement Projects. Projects include Turf Reduction Pilot Project at Buffehr Creek Park and Ford Park Frontage Road Landscaping. Moffet made a motion to authorize the Town Manager to enter into an agreement with GH Daniels in the amount of$94,089.19; Mason seconded the motion passed (7-0). 6.8. Design Contract Award for Gore Valley Trail Improvements along Vail Valley Drive Background: This past fall Council budgeted funds for 2019 to move forward with a public design process to evaluate concepts that might provide a safer experience for pedestrians and motorists along Vail Valley Drive. The goal will be to find an acceptable improved solution for Vail Valley Drive from the Ford Park Soccer field lot to Ptarmigan Road east, and possibly the entire length out to Sunburst Drive. Town staff recommends that Council Authorize the Town Manager to enter into a design contract, in a form approved by the town attorney, with Roaring Fork Engineering & Norris Design in the amount of$69,542. Moffet made a motion to authorize the Town Manager to enter into an agreement with Roaring Fork Engineering & Norris Design in the amount of$69,542; Mason seconded the motion passed (7-0). Town Council Meeting Minutes of March 5,2019 Page 3 6.9. 2019 Vail Concrete Replacement Project Contract Award Background: The Town of Vail publically bid the replacement of concrete in various locations throughout town, most notably; the Vail Transportation Center bus ramps, the Public Works bus wash heated concrete apron and the lower portion of the heated concrete stairs adjacent to Concert Hall Plaza. The Town received three bids. Town staff recommends that Council authorize the Town Manager to enter into a construction contract, in a form approved by the Town Attorney, with Icon Inc. in the amount of$207,626. Moffet made a motion to authorize the Town Manager to enter into an agreement with Icon Inc. in the amount of$207,626.00; Mason seconded the motion passed (7-0). 7. Town Manager Report 7.1. Business Solicitation in Commercial Zoning Districts The Town Manager reviewed his report with council. Additionally, Clifton spoke to council about complaints his office had been receiving regarding solicitation in the Village. Clifton recommended bringing an ordinance for Council's consideration that would make certain business solicitation techniques more enforceable. Council agreed, but wanted to see enforcement to continue. 8. Action Items 8.1. Award of three construction contracts for four Riparian Buffer Planting Projects along Gore Creek Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Staff requests the following: 1. Acknowledge, by show of hands, that awarding the contracts listed below will require re- appropriation of 2018 funds to the 2019 budget during the next Supplemental Budget Appropriation in April of 2019. 2. Authorize the Town Manager to enter into a contract with Energes Services, LLC in the amount of$ 21,639.15 for Project 1: Vail Golf Course 3. Authorize the Town Manager to enter into a contract with SHC Landscape Company in the amount of$ 34,110.10 for Project 2: Vail Village 4. Authorize the Town Manager to enter into a contract with Rocky Mt Custom Landscapes in the amount of$ 92,006.27 for Project 3: Lionshead West and the East Vail Interchange Background: See Memorandum Staff Recommendation: Staff recommends awarding the contracts as outlined in the memorandum Town Council Meeting Minutes of March 5,2019 Page 4 Gregg Barrie, Senior Landscape Architect, provided council a brief review of the design and bid process for more than three miles of stream bank vegetation work had been completed for four separate project areas. The work includes the installation of more than 5,000 individual plants, drainage work, signage, irrigation and native seeding. The project areas include: ✓ East Vail Interchange to Bridge Rd, ✓ areas of the Vail Golf Course, ✓ Ford Park to Vail Rd and ✓ Lionshead Skier Bridge to Cascade Village. Some areas will be planted for the first time and some areas will see plants added to 2017 projects to ensure their success. The projects would be installed throughout the summer starting in late April and finishing in early August depending on the type of work, the project location and the plants' proximity to the ordinary high-water mark. Barrie explained very little planting work was completed during 2018 due to drought conditions. During the 2019 budget discussions, staff requested only $100,000 (down from $400,000 in the 5-year Plan) for 2019 with the idea that unspent 2018 Gore Creek Restoration funds could be re-appropriated. In order to sign contracts for the 2019 projects the Town Council would need to re-appropriate 2018 funds to 2019 at the next Supplemental Budget Appropriations anticipated to occur in April. Barrie stated to get contracts signed and to be prepared to begin work in April Council was acknowledging they would re-appropriate the 2018 funds for these contracts in 2019. There was no public comment. Moffet made a motion to: • acknowledge the re-appropriation of 2018 funds to the 2019 budget during the next Supplemental Budget Appropriation in April of 2019; • Authorize the Town Manager to enter into a contract with Energes Services, LLC in the amount of$ 21,639.15 for Project 1: Vail Golf Course; • Authorize the Town Manager to enter into a contract with SHC Landscape Company in the amount of$ 34,110.10 for Project 2: Vail Village; and • Authorize the Town Manager to enter into a contract with Rocky Mt Custom Landscapes in the amount of$ 92,006.27 for Project 3: Lionshead West and the East Vail Interchange; Bruno seconded the motion passed (7-0). 8.2. Lion Square Lodge - Permission to Proceed Presenter(s): Chris Neubecker 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 vehicular access to the Lion Square Lodge parking lot. This utilization of Town of Vail property would be subject to the terms of an Access Easement, which will be scheduled for a future Town Council meeting. Staff Recommendation: The Lion Square Lodge building current has a parking lot on the northwest side of the building, with access taken from Lionshead Place. The existing driveway entering the parking lot is at the north end of the lot, and is close to the Arrabelle property. The new driveway location will improve vehicular and pedestrian safety in the area. Town Council Meeting Minutes of March 5,2019 Page 5 Chris Neubecker, Community Development Planning Manager, explained the Executive General Manager of the Lion Square Lodge, located at 660 Lionshead Place, requested permission to proceed through the Design Review process for improvements to the building's parking lot access located partially on Town of Vail property (Tract A, Vail Lionshead Filing 3). The applicant requests permission to proceed through the Design Review Board processes and, if approved, to obtain an Access Easement from the Town of Vail for the improvements. The Council was being asked to authorize the applicant to move forward with a planning application that utilizes Town owned property for commercial uses. The access easement would be presented at a future meeting date, and granting approval to proceed through the Design Review process does not obligate the Town to granting the easement. Moffet made a motion to allow Lions Square Lodge to proceed through the DRB process; Foley seconded the motion passed (6-0 Coggin opposed). 8.3. Ordinance No. 4, Series of 2019, First Reading, An Ordinance Amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Vail Town Code, to Remove the Dwelling Units per Acre Maximum While Maintaining the Existing Dimensional Standards Including GRFA and Building Height in the Lionshead Mixed Use-1 Zone District. Presenter(s): Chris Neubecker, Community Development Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 4, Series of 2019, upon first reading. Background: The proposed change to the density maximum in Lionshead Mixed Use-1 zone district will encourage redevelopment of properties in the Lionshead area, as encouraged by the Lionshead Redevelopment Master Plan. Staff Recommendation: The Community Development Department recommends approval of Ordinance No. 4, Series of 2019 on First Reading. Chris Neubecker, provided council a review of the zoning code amendment explaining that Lionshead mix use 1 would be the only zone district affected by this ordinance amendment. The applicant, the Treetops Condominium Association, represented by Mauriello Planning Group, was proposing to remove the maximum number of dwelling units per acre (density) within the Lionshead Mixed Use-1 (LMU-1) zone district, so that there would be no limit on density. No changes are proposed to the existing limits on Gross Residential Floor Area (GRFA), building heights, setbacks, site coverage, landscaping, or any other dimensional standard. The proposed text amendment would apply only to properties within the Lionshead Mixed Use-1 (LMU-1) zone district. Would change the number of units you could have. Provide flexibility for redevelopment. It would allow the developer to decide how many units. The building itself would stay the same, but the units inside would change. Dominic Mauriello, representing the Treetops Condominium provided a PowerPoint of the proposed redevelopment of the Treetops and how the original footprint would stay the same, but how there were unlimited uses of the space within the building. Public comment was called. A representative from Slifer Smith & Frampton Real Estate is also offering support for the ordinance, noting the current difficulties involved in fractional fee product types. Town Council Meeting Minutes of March 5,2019 Page 6 A property owner at Concert Hall Plaza also expressed support for the ordinance. Council members agreed Lionshead needed updating and bringing more people to the core area, but expressed concern with the wording "unlimited" and would like a more definite number and additional information on the impacts on water and parking at the April 2 council meeting. Moffet made a motion to approve, on first reading, Ordinance No. 4, Series of 2019 with more information to presented during second reading at the April 2nd Council meeting; Coggin seconded the motion passed (5-2 Foley and Langmaid opposed). 9. Public Hearings 9.1. Ordinance No. 1, Series of 2019, Second Reading, An ordinance fora Zone District Boundary Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code to allow the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple-Family 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. 1, Series of 2019, upon second reading. Background: The applicant, Bighorn Townhouse Association, represented by Mauriello Planning Group, is requesting a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of 4722 Meadow Drive (Bighorn Townhouses "Parking Easement" Parcel, as shown on the plat of Bighorn Townhouses recorded November 13, 1968) from unidentified to Low Density Multiple- Family District (LDMF). This application is being processed concurrently with a Land Use Plan Amendment (PEC18- 0046) that will facilitate, if approved by the Town Council, an application for the development of the subject property for residential garages. Staff Recommendation: On January 14, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code. Jonathan Spence, Senior Planner, confirmed there were no changes since first reading. There was no public comment. Moffet made a motion to approve Ordinance No. 1, Series of 2019 upon second reading; Foley second the motion passed (7-0). 9.2. Ordinance No. 2, Series 2019, Second Reading, An Ordinance Amending Portions of Title 4, Chapter 3, of the Vail Town Code Related to Sales Tax to Adopt Certain Statewide Standardized Definitions and to Make Revenue- Neutral Amendments Needed to Implement Those Definitions. Town Council Meeting Minutes of March 5,2019 Page 7 Presenter(s): Carlie Smith, Financial Services Manager and Alex Jakubiec, Sale Tax Administrator Action Requested of Council: Approve or Approve with Amendments Ordinance No.2, Series 2019 Upon 2nd Reading. Background: Please See Attached Memo. Staff Recommendation: Approve or Approve with Amendments Ordinance No.2, Series 2019 Upon 2nd Reading. Alex Jakubiec, Sales Tax Administrator, stated there were no changes since first reading. There was no public comment. Moffet made a motion to approve Ordinance No. 2, Series of 2019 upon second reading; Foley seconded the motion approved (7-0). 10. Adjournment 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 7:35 P.m. (Res ectfully Sub . t-d, Attest: !, q.Chapin, Mayo y � te am y_Piagel, Town -rk - �`;qr • T N\ T fif i\\ ,..., soFPO a \cb pR NTE Town Council Meeting Minutes of March 5,2019 Page 8 Vail Town Council Meeting Minutes Tuesday, March 19, 2019 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 Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation There was no public comment 2. Proclamations 2.1. Art in Public Places Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint two people to the AIPP Board for a two year term ending March 31, 2021. Bruno made a motion to appoint Susan Bristol and Margaret Rogers to the AIPP Board for a two-year term each; Foley seconded the motion passed (7-0). 2.2. Design and Review Board Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Motion to appoint two members to serve on DRB for two-year terms. Bruno made a motion to appoint Doug Cahill and Peter Cope to the DRB Board for a two-year term each; Moffet second the motion passed (7-0). 2.3. Motion to appoint three members to the Planning and Environmental Commission (PEC) Town Council Meeting Minutes of March 19,2019 Page 1 Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint three members to serve on PEC for two-year terms. Bruno made a motion/to appoint Brian Gillette, Karen Perez and John-Ryan Lockman to the PEC Board for a two-year term each; Moffet seconded the motion passed (7-0). 3. Consent Agenda 3.1. Colorado Outdoor Recreation District Letter of Support Moffet stated he was uncomfortable supporting the letter as he hasn't read the federal legislation. In lieu of taking action tonight, Chapin suggested letters be sent by individual council members who wish to follow up personally. There was no motion. 4. Town Manager Report 4.1. Town Manager Report Greg Clifton, Town Manager, provided an update on planning meetings currently taking place to help improve the trailhead situation at Booth Falls this summer. Clifton stated there would be more information to come. 5. Action Items 5.1. Holy Cross Franchise Agreement Discussion Presenter(s): Greg Hall, Public Works Director Background: The Town's franchise agreement with Holy Cross Energy will be expiring in May 2019. It is a 20 year agreement. Staff has been meeting with representatives with Holy Cross to negotiate possible terms for the new franchise agreement, which should be coming to Town Council by ordinance in April. One salient term concerns the underground of existing overhead lines. It is largely a safety issue and an aesthetic one as well. To fund this in past years, the existing franchise agreement provides for an enhancement fund to help capitalize these underground projects. The fund has been insufficient as the projects are very costly. Staff is proposing an increased revenue source, derived from the franchise fee. The enclosed memo provides details. Greg Hall, Public Works Director, reviewed the history of the Holy Cross Energy franchise agreement and the proposal of raising the franchise fee from 3% to 4%. The franchise agreement between the Town of Vail and Holy Cross Energy is nearing its renewal period. It was a 20-year agreement that was executed in 1999. Hall stated the franchise agreements regarding electric utilities typically deal with terms, franchise fees, relocations, undergrounding, audits, and related. The current undergrounding project the Town had undertaken was budgeted at$2,138,066 for 7,500 feet of undergrounding or$285/lineal feet. There were approximately 38,000 lineal feet of overhead lines remaining in Vail. At those current costs, it could take close to 52 years to underground the remaining lines based solely upon use of the Community Enhancement Funds. Hall stated the funds from increasing the franchise fee from Town Council Meeting Minutes of March 19,2019 Page 2 3%- 4% would be used to underground the remaining utility lines. Public comment was taken. Mark Gordon, Vail Resident, suggested using the proposed increased funding to bond against it to accelerate the undergrounding work. Penny Wilson, Vail Resident, agreed on getting the lines buried sooner for safety reasons. Council members noted the increase would have a bigger impact on residents with electric heat. Moffet made a motion to direct staff to negotiate a new 20 year franchise agreement to include an increase in franchise fee from 3 to 4% to be adopted in April by ordinance; Foley seconded the motion passed (7-0). 5.2. East Vail Parcel —Public Discussion of a Draft Term Sheet for Review and Consideration. Following review and discussion of the term sheet, the Vail Town Council is being asked to provide direction on this action item to the Town Attorney/Town Manager. Presenter(s): George Ruther, Housing Director Action Requested of Council: The Vail Town Council is asked to answer the following question and provide direction to the Town Attorney/Town Manager on this action item: Background: The purpose of this action item is to present the terms under consideration by the Vail Town Council to acquire at least 40 residents- occupied, deed-restrictions in a potential East Vail Parcel development expected to be proposed by Triumph Development. The outcome of the Town's potential participation would result in a 100% deed-restricted development of approximately 130 to 140, one and two bedroom, for-rent homes for Vail residents. The purpose of this action item is not to discuss the merits of a potential development review application for development on the East Vail Parcel. The review of a development application, if or when submitted, will occur during the course of the development review process with the Town of Vail Planning & Environmental Commission. Staff Recommendation: The Town of Vail staff recommends the Vail Town Council engage in a public discussion specific only to the proposed terms of a potential development agreement with Triumph Development to acquire at least 40 resident-occupied, deed-restrictions on the East Vail Parcel, if a development plan is approved by the Town of Vail Planning & Environmental Commission. It is to be further noted, that nothing herein constitutes an approval of any development review application by the Town of Vail's relevant reviewing agencies and the Town of Vail cannot guarantee an approval of a development review application submitted by any owner of real property. Town Attorney Matt Mire was asked to clarify for the council and public the following: • The title for the property was clear: • Any comments regarding a future development application should be made at the Planning & Environmental Commission and not the Town Council; • A public vote was not possible on this matter; and • No council member had a conflict of interest concerning this matter. Town Council Meeting Minutes of March 19,2019 Page 3 George Ruther, Housing Director, addressed council concerning a possible development on a parcel owned by Vail Resorts located in East Vail. Ruther stated that Triumph Development was currently working with Vail Resorts in purchasing the parcel for a deed restricted housing and open space. The current zoning required at least 70% of the development to be resident occupied, deed restricted homes for Vail residents. The Town had an opportunity to purchase the remaining 30% to create 100% affordable housing. The terms to acquire the remaining 30% were: ✓ Town of Vail purchases the entire +/- 23 acre East Vail Parcel from Triumph Development for$4M. ✓ Triumph Development signs a 10-Year Ground Lease with an obligation to purchase the +/- 5.4 acre Housing Parcel from the Town of Vail for $2.5M. ✓ On or before the end of Year 10, the Town of Vail recovers $2.5M. ✓ Town of Vail acquires up to 45 resident-occupied deed restrictions on 30% of the total GRFA of the development. ✓ The Town of Vail retains ownership of the +/- 17.9 acre NAP Parcel. ✓ Total net investment of$1.5M yielding at least 40 deed restricted homes (30%) Ruther noted that any action tonight did not guarantee approval of a development application for the property by the PEC. Public comment was called. Charlyn Canada, Vail Resident did not support the term sheet and would rather see a sign on the East Vail parcel stating the Town and Vail Resorts dedicated this land to the sheep. Bobby Lipnick, who co-chairs the Eagle County Housing Task Force, said housing was needed where people live, work and recreate. He supported a 100% deed restricted development. Rick Smith, an executive with Vail Health, explained the difficulties in retaining employees at the hospital due to lack of affordable housing. An East Vail resident who manageed employee housing for Vail Mountain provided examples about the struggles with housing frontline employees. Ben Gilbert, Moe's BBQ, stated it was very difficult to attract and retain employees due to the lack of affordable housing opportunities. Trent Olson reminded council the#1 issue was housing and the front line employees could not afford to live here. Need the housing! Jonathan Staufer, Vail resident, did not agree with the housing being proposed on this parcel. Staufer felt the wildlife needed protection. Elise Howard, Vail resident, was in 100% support of 100% deed restriction housing. Howard reiterated the need to home critical employees such as teachers and nurses. Matt Morgan, owner of Sweet Basil, was 100% in favor of the Town acquiring 100% deed restriction housing on the East Vail parcel. Morgan stated there had been a drop in service levels due to lack of affordable housing. Town Council Meeting Minutes of March 19,2019 Page 4 Larry Stewart, Vail resident, stated the action be discussed tonight was "surreal." He questioned the sequencing of decisions and didn't like the developer profiting from the deal. Said it's the cart before the horse. He suggested tabling this decision until the application was submitted. Steve Lindstrom, VLHA, was 100% in support of the terms to acquire 100% deed restriction. Pam Stenmark, a resident of East Vail, questioned if the facts being presented were accurate. Stenmark stated "market rate" was not affordable housing. She was concerned about the town subsidizing housing for a profitable company. Susan Byrd, was a 100% for deed restriction, but would like to see this topic tabled until there was more information. Tom Vucich is asking for more clarification from the Town Attorney regarding questions as to conflict of interest on the Town Council. Anne Esson urged caution in moving forward with this project. Esson stated the impacts would be irreversible. Betsy Kiehl, East Vail resident, thanked some Council members for answering her emails. Feel did not agree with the parcel being used for deed restriction housing and questioned if Council member Coggin had a conflict with this project. She reminded Council to be thoughtful and not hastily. Patty Marsh, Vail resident, stated the need for affordable housing was a must but there were other options than this parcel. Marsh stated she supported housing but felt this was the wrong location. Gram Glass, Vail resident, asked Council to not vote yes. Public comment was closed. Langmaid made a motion to delay the decision of the term sheet until after the Planning & Environmental Commission had reviewed the application, mitigation plan and an environmental impact report had been reviewed; Foley seconded the motion passed (4-3 Bruno, Moffet and Coggin opposed). Mason did not feel this was the correct sequence and wanted to wait until an application had been presented. Some council members questioned if acquiring the 100% deed restriction prior to the application being submitted for PEC's review would affect the board's decisions. Moffet and Bruno did not agree with the motion and believed the PEC would base their decisions on facts and law. Coggin did not agree the motion because once the developer submitted their application the Town may not have an opportunity to have 100% deed restriction. 6. Public Hearings Town Council Meeting Minutes of March 19,2019 Page 5 6.1. 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 January 16, 2019 approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot 0, Block 5D, Vail Village Filing 1, and setting forth details in regards thereto. (TC19-0001) Presenter(s): Jonathan Spence, Community Development Planner Action Requested of Council: 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 approving a request for a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot 0, Block 5D, Vail Village Filing 1? 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 January 16, 2019, decision. Background: The applicant originally proposed a more aggressive project that included the construction of an elevated patio, larger proposed commercial additions and an overall reduction in the quantity of landscaping. This proposal under went a preliminary review where a number of concerns have been expressed by various Town departments and an outside urban design consultant engaged to review the proposal with respect to adopted plans, including the Vail Village Master Plan and the associated Vail Village Urban Design Guide Plan and Design Considerations. These concerns were largely focused on pedestrian safety resulting from the removal of any refuge for pedestrians resulting from the proximity of the improvements to bus travel way. The loss of valuable, mature landscaping was also identified as a concern. Staff Recommendation: Should the Vail Town Council choose to uphold the determination of the Town of Vail Design Review Board, the following statement is recommended: "The Vail Town Council finds as follows: The Vail Town Code was properly applied in regard to the January 19, 2019 Design Review Board approval of DRB17-0390. Furthermore, the project consisting of a minor building addition, exterior alteration and new outdoor dining patio, located at 100 East Meadow Drive Unit 15/Lot 0, Block 5D, Vail Village Filing 1, is consistent with Title 14, Development Standards, of the Vail Town Code." Jonathan Spence, Planner, reviewed the appeal with council. The applicant originally proposed a more aggressive project that included the construction of an elevated patio, larger proposed commercial additions and an overall reduction in the quantity of landscaping. The proposal under went a preliminary review where a number of concerns had been expressed by various Town departments. Spence stated those concerns were largely focused on pedestrian safety resulting from the removal of any refuge for pedestrians resulting from the proximity of the improvements to bus travel way. The loss of valuable, mature landscaping was also identified as a concern. The appellants, adjacent Village Inn Plaza Phase V property owners, expressed the following concerns in their appeal: ✓ The failure of the DRB members to review comments prior to vote ✓ The pedestrian access being more narrowed on E. Meadow Dr., ✓ The fundamentally flawed process ✓ The scope and scale of the patio area ✓ The quality of guest experience Town Council Meeting Minutes of March 19,2019 Page 6 Council asked how the safety concerns addressed. Spence explained the patio was pulled back and Public Works engineer Tom Kassmel signed off on the new plans. Richard Liebhaber, appellant, expressed his concerns on pedestrian safety and the negative impacts would have on property owners. Liebhaber stated the approval process did not include the impact the development would have on property owners such as the odors and noise from the restaurant. There were no further comments. Foley made a motion to uphold the Design Review Board approval of DRB17-0390; Moffet seconded the motion passed (7-0). 10. Adjournment There being no further business to come before the council, Moffet moved to adjourn the meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 8:28 p.m. Res•ectfull S b itted r Attest: � - .p n, Mayo r 1411) •=c4ti APPM10 a04 1 am a ,,agel-Ta a lerk • N4PN 'do' co 0 36- off,o R Al Town Council Meeting Minutes of March 19,2019 Page 7 Vail Town Council Meeting Minutes Tuesday, April 2, 2019 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 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 public comment 2. Consent Agenda 2.1. Resolution No. 15, Series 2019 a Resolution to Release a Deed Restriction Located at 1109 Vail Valley Drive pursuant to Section 12-13-5 of the Vail Town Code, in exchange for the placement of an employee housing deed restriction on Heather of Vail Condo Unit B-3/ 5197 Black Gore Drive Unit B-3, Vail, Colorado 81657 (the "Proposed EHU"). Background: On March 26, 2019 the Vail Local Housing Authority (VLHA) reviewed a request to exchange an existing studio Type II Employee Housing Unit Restrictive Covenant at 1109 Vail Valley Drive. The new owner requested to exchange the existing EHU with a new Type III deed- restriction on a two bedroom condominium located at Heather of Vail Condos Unit B-3 / 5197 Black Gore Drive Unit B-3. The exchange meets the requirements listed in the Town Code 12- 13-5 EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE, therefore the VLHA recommends release of the restrictive covenant on 1109 Vail Valley Drive. Moffet made a motion to approve Resolution No. 15, Series of 2019; Foley seconded the motion passed (6-0). 2.2. Resolution No. 16, Series of 2019 a Resolution to Release a Deed Restriction Located at 2642 Kinnikinnick Court pursuant to the terms of the Settlement Agreement, October 18, 1996, Reception No. 607578 and the Type II Employee Housing Unit Restrictive Covenant, November 18, 1996, Reception No. 607579. Town Council Meeting Minutes of April 2,2019 Page 1 Background: The owner of a deed-restriction located at 2642 Kinnikinnick Court requested to release their restriction in accordance with Type II Employee Housing Unit Restrictive Covenant recorded November 18, 1996, Reception No. 607579 section 7. Staff will record the approved mutual release upon "verification that the EHU use has been terminated and has been merged into the Primary Unit, and is no longer capable of being separately leased." Moffet made a motion to approve Resolution No. 16, Series of 2019; Foley seconded the motion passed (6-0). 2.3. Resolution No.17, Series of 2019, 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, 2019 Through December 31, 2019 Moffet made a motion to approve Resolution No. 17, Series of 2019; Foley seconded the motion passed (6-0). 2.4. Resolution No. 18, Series of 2019, A Resolution Approving a Cooperative Intergovernmental Agreement for Use of the 800 MHZ System in the Eagle River Valley Background: The Eagle River Valley User Agencies previously entered into an Agreement for use of Eagle County's 800 MHz W ide Area Smartzone Trunked Radio Services dated on or around August 17, 2010, governing the use of the 800 MHz radio system in Eagle County. The User Agencies wish to supersede the Previous Agreement with the current Intergovernmental Agreement to provide for continuing access to the system by the User Agencies and to reallocate the decision-making responsibilities of the User Agencies for the system. *This item was removed from the agenda prior to the beginning of the meeting. 2.5. March 5, 2019 Town Council Meeting Minutes Moffet made a motion to approve the March 5, 2019 Town Council meeting minutes; Bruno seconded the motion passed (6-0). 2.6. March 19, 2019 Town Council Meeting Minutes Moffet made a motion to approve the March 19, 2019 Town Council meeting minutes; Mason seconded the motion passed (6-0). 2.7. Global Friendship Exchange Agreement between the Yamanouchi—Machi, Nagano Prefecture, Japan and the Town of Vail, State of Colorado, United States of America Moffet made a motion to adopt the Global Friendship Exchange Agreement between the Yamanouchi—Machi, Nagano Prefecture, Japan and the Town of Vail, State of Colorado, United States of America; Mason seconded the motion passed (6-0). 2.8. 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 Town Council Meeting Minutes of April 2,2019 Page 2 Moffet made a motion for the Town of Vail to enter into 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 passed (6-0). 3. Town Manager Report The Town Manger reviewed his report with council. Clifton stated dates for the July budget retreat would be discussed at the next meeting. 4. Action Items 4.1. Resolution No. 14, Series of 2019, A Resolution Adopting Gore Valley Trail Interpretive Plan as a Component of the Gore Creek Strategic Plan Presenter(s): Peter Wadden, Watershed Education Coordinator Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 14, Series of 2019. Background: Based on feedback received from Town Council at the March 19 meeting, staff has updated the Interpretive Plan to include recommendations on how the proposed interpretive installations may be incorporated into the Vail App. The applicant, Town of Vail, represented by Peter Wadden, Town of Vail Water Quality Education Coordinator, is requesting approval from the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for the adoption of the Gore Valley Trail Interpretive Plan (the Interpretive Plan) as a component of the Gore Creek Strategic Action Plan. Pete Waden, Watershed Education Coordinator, reviewed the plan updates per Council direction from the March 19, 2019 Town Council meeting to include recommendations on how the proposed interpretive installations may be incorporated into the Vail App. The Interpretive Plan provided education topics and enumerates education and outreach goals and objectives. It identified specific installations at specific locations that would help raise awareness in the community by providing opportunities to engage with the unique natural features of Gore Creek, to learn what is being done to protect the creek, and where there are opportunities to do more. Waden reminded council pursuant to Section 8-3, Amendment Process, Vail Town Code, the Planning and Environmental Commission (PEC) unanimously recommended the adoption of the Gore Valley Trail Interpretive plan on February 25, 2019. There was no public comment Moffet made a motion to approve Resolution No. 14, Series of 2019; Coggin seconded the motion passed (6-0). 4.2. Ordinance No. 3, Series of 2019, An Ordinance Amending Chapter 1 of Title 4 of the Vail Town Code to Address Business Licensing Fees for Accommodation Services. Presenter(s): Alex Jakubiec, Sales Tax and Licensing Administrator Action Requested of Council: Staff is requesting Council's approval of the first reading of Ordinance No. 3, Series 2019. Background: Please see attached memo. Town Council Meeting Minutes of April 2,2019 Page 3 Staff Recommendation: Approve or approve with amendments upon first reading of Ordinance No. 3, Series 2019. Alex Jakubiec, Sales Tax and Licensing Administrator, explained to council when Chapter 14 was created in the Town Code requiring short term rental ("STR") properties to obtain a STR registration the business license fee section relating to STR's were repealed; which also removed the fee structure for lodging properties and property managers. Ordinance No. 3, Series of 2019 returned the proper identification of the Town's current business license fee structure for this business segment. There was no public comment Moffet made a motion to approve Ordinance No. 3, Series of 2019 upon first reading; Coggin seconded the motion passed (6-0). 4.3. Ordnance No. 5 Series of 2019, First Reading, An Ordinance Authorizing the Sale of Certain Real Property Known as Unit 2, Vail Village Inn Plaza, Phase V Condominiums, to STK Capital, LLC for $1,547,000. Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, Approve with Modifications, or Deny Ordinance No. 5, Series of 2019, on first reading. Background: Please refer to the staff memorandum, dated April 2, 2019, discussing this agenda item. Staff Recommendation: The Town staff recommends the Vail Town Council approves Ordinance No. 5, Series of 2019, upon first reading. There was no public comment. Council noted they did not have any questions or comments concerning Ordinance No. 5, Series of 2019. Moffet made a motion to approve Ordinance No. 5, Series of 2019 upon first reading; Bruno seconded the motion passed (6-0). 4.4. Proposed Parcel E, Chamonix Vail Neighborhood —Options for Consideration — Request for Direction Presenter(s): George Ruther, Housing Director Action Requested of Council: At the end of the discussion, the Vail Town Council will be asked to provide direction to the Town staff as to which, if any, of the proposed approaches best serves the interest of the greater Vail community. Background: The Vail Town Council has expressed its intent to sell the Town's interest in Parcel D of the Chamonix Vail Neighborhood. Proceeds from the sale of the Parcel could be applied to recoup a portion of the nearly $4M financial subsidy granted to the development of the Town Council Meeting Minutes of April 2,2019 Page 4 Chamonix Vail Neighborhood. In order to effectively sell the Parcel, certain determinations regarding the sales approach must first be decided. Staff Recommendation: The Town staff recommends the Vail Town Council discussion and considers the four options outlined in the staff memorandum and provide direction as to which, if any, of the options the Town Council supports the staff in pursuing. George Ruther, Housing Director, presented 4 options to recoup a portion of the nearly $4M financial subsidy granted to the development of the Chamonix Vail neighborhood. Options include: ✓ selling parcel "as-is"; ✓ sell contingent upon approval of a subdivision and an amendment to the approved development plan; ✓ subdivide the parcel, amend the approved development plan and then sell the property; There was no public comment Council agreed to impose as much as possible to guarantee a high return on the units. Moffet made motion to direct staff to pursue option 3 concerning Parcel E of the Chamonix Vail Neighborhood; Bruno seconded the motion passed (6-0). 5. Public Hearings 5.1. Ordinance No. 4, Series of 2019, Second Reading, An Ordinance Amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Vail Town Code, to Remove the Dwelling Units per Acre Maximum While Maintaining the Existing Dimensional Standards Including GRFA and Building Height in the Lionshead Mixed Use- 1 Zone District Presenter(s): Chris Neubecker, Community Development Planning Manager Action Requested of Council: The Vail Town Council shall table Ordinance No. 4, Series of 2019 to the June 4, 2019 Town Council meeting. Background: The proposed change to the density maximum in Lionshead Mixed Use-1 zone district will encourage redevelopment of properties in the Lionshead area, as encouraged by the Lionshead Redevelopment Master Plan. Staff Recommendation: The Community Development Department recommends tabling of Ordinance No. 4, Series of 2019 to the June 4, 2019 Town Council meeting. Moffet made a motion to table Ordinance No. 4, Series of 2019 to the June 4 Town Council meeting; Bruno seconded the motion passed (6-0). There being no further business to come before the council, Moffet moved to adjourn the meeting; Foley seconded the motion which passed (6-0) and the meeting adjourned at 7:30 p.m. Respectfully Submitted, Town Council Meeting Minutes of April 2,2019 Page 5 I Attest: IIji 1 111 A 11 ve Chapin, ayor V i 410 Ta •el, Tow- - 414,0____F41.1 19 etr *$ 41° l'i,I, 3 „ttsrety co 0 Atv,_ , ,.... co t\C) �'pO R A1. O Town Council Meeting Minutes of April 2,2019 Page 6 Vail Town Council Meeting Minutes Tuesday, April 16, 2019 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 Kim Langmaid Travis Coggin Kevin Foley Jen Mason Greg Moffet Absent: Jenn Bruno, Mayor Pro Tem Patty McKenny, Assistant Town Manager Staff members present: Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation George Ruther, Housing Director, shared an award received from the Modular Building Institute for the Chamonix development with modular building. 2. Any Action as a result of executive session Moffet made a motion to direct staff to make contact with SGR and begin a conversation for a Town Manager search and draft an employment contract for Patty McKenny to be the Interim Town Manager; Foley seconded the motion passed (6-0). 3. Proclamations 3.1. Proclamation No. 5, Series of 2019, A Proclamation Recognizing National Library Week 2019 "Libraries Lead" Council read the proclamation into the record. Moffet made a motion to approve Proclamation No. 5, Series of 2019; Foley seconded the motion passed (6-0). 4. Consent Agenda (5 min.) 4.1. Resolution No. 18, Series of 2019, A Resolution Approving a Project THOR Meet Me Center Host Agreement Moffet made a motion to approve Resolution No. 18, Series of 2019; Mason seconded the motion passed (6-0). Town Council Meeting Minutes of April 16, 2019 Page 1 4.2. East Meadow Drive and Main Vail South Roundabout Paver Apron Contract Award Background: The owner of a deed-restriction located at 2642 Kinnikinnick Court requested to release their restriction in accordance with Type II Employee Housing Unit Restrictive Covenant recorded November 18, 1996, Reception No. 607579 section 7. Staff will record the approved mutual release upon "verification that the EHU use has been terminated and has been merged into the Primary Unit, and is no longer capable of being separately leased." Moffet made a motion to direct staff to award contract to United Companies; Coggin seconded the motion passed (6-0). 5. Action Item 5.1. Ordinance No. 6, Series of 2019, First Reading, An Ordinance Granting a Franchise to Holy Cross Energy Presenter(s): Greg Hall, Public Works & Transportation Director Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6, Series of 2019 upon first reading Background: The Town of Vail and Holy Cross Energy have been partners in an Electric Utility Franchise Agreement since February 27, 1979. That agreement was renewed on May 4, 1999 to expire this May. The franchise fee is currently set at 3%, which is consistent with other municipalities with whom Holy Cross Energy has franchise agreements with. The proposed franchise agreement increases the franchise fee to 4%. The additional revenue generated from this increase will assist with undergrounding of overhead electric and other utility lines. Public notice requirements for franchise agreements have been met by Holy Cross. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of 2019 upon first reading. Greg Hall, Public Works Director, spoke to council regarding the reason to increase the current franchise fee from 3% to 4% was to help accelerate the undergrounding of power lines in Vail. It would take approximately 52 years to underground the remaining power lines in Vail based on the current funding source. Hall reminded council the current franchise expired on April 30, 2019. Public Comment was called. Mery Lapin, Vail resident, suggested the town negotiate a provision to complete the undergrounding process throughout town within the next 5 to 7 years. There was no more public comment. Moffet made a motion to approve Ordinance No. 6, Series of 2019 upon first reading; Foley seconded the motion passed (6-0). 6. Presentation/Discussion Town Council Meeting Minutes of April 16,2019 Page 2 6.1. Ford Park 2019 Summer Managed Parking Program Presenter(s): Greg Hall, Public Works & Transportation Director Action Requested of Council: Input and approval requested. Background: Each spring the summer activities and events calendar is reviewed by the Ford Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley Foundation (GRFA), Betty Ford Alpine Gardens, Bravo! Vail and Walking Mountain Science Center (as operators of Vail Nature Center). The proposed managed parking program calendar is attached. The calendar may be subject to changes during the season. Greg Hall, Public Works Director, presented an overview of the 2019 Ford Park Summer Managed Parking Program including a calendar of paid parking days reviewed by the Ford Park user group. Moffet made a motion to approve the 2019 Ford Park Summer Managed Parking Program; Foley seconded the motion passed (6-0). 7. Public Hearings 7.1. Ordinance No. 3, Series of 2019, Second Reading, An Ordinance Amending Chapter 1 of Title 4 of the Vail Town Code to Address Business Licensing Fees for Accommodation Services. Presenter(s): Alex Jakubiec, Sales Tax and Licensing Administrator Action Requested of Council: Staff is requesting Council's approval of the second reading of Ordinance No. 3, Series 2019. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments upon second reading of Ordinance No. 3, Series 2019. Alex Jakubiec, Sales Tax and Licensing Administrator, confirmed there were no changes since first reading. There was no public comment. Moffet made a motion to approve Ordinance No. 3, Series of 2019 upon second reading; Mason seconded the motion passed (6-0). 7.2. Ordnance No. 5 Series of 2019, Second Reading, An Ordinance Authorizing the Sale of Certain Real Property Known as Unit 2, Vail Village Inn Plaza, Phase V Condominiums, to STK Capital, LLC for $1,547,000. Presenter(s): George Ruther, Housing Director Action Requested of Council: Approve, Approve with Modifications, or Deny Ordinance No. 5, Series of 2019, on second reading. Town Council Meeting Minutes of April 16, 2019 Page 3 Staff Recommendation: The Town staff recommends the Vail Town Council approves Ordinance No. 5, Series of 2019, upon second reading. George Ruther, Housing Director, stated there were no changes to Ordinance No. 5, Series of 2019 since first reading. Public comment was called. Richard Liebhaber, Vail resident, asked council for more detail about the other offers made on the property. Public comment was closed. Moffet made a motion to approve Ordinance No. 5, Series of 2019 upon second reading; Coggin seconded the motion passed (6-0). There being no further business to come before the council, Moffet moved to adjourn the meeting; Foley seconded the motion which passed (6-0) and the meeting adjourned at 7:10 p.m. = ully ub -d, I Attest: AmdlIAL111. `1 _ Wve Chapi M-yor 4 j, agel, Town •lerk 401 OP 3 kelk-ti o /?AoRA-0 Town Council Meeting Minutes of April 16,2019 Page 4 Vail Town Council Meeting Minutes Tuesday, May 7, 2019 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: Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Jen Mason Greg Moffet Absent: Dave Chapin, Mayor Kim Langmaid Patty McKenny, Assistant Town Manager Staff members present: Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Ann Esson,West Vail Resident, spoke to council regarding the Town Manager process and the previous manager, Greg Clifton. Essson stated she admired Clifton for his transparency on govt. issues such as the East Vail housing parcel and the effect on wildlife. Esson said it was imperative the new manager share Clifton's commitment to transparency and to listen to all voices in the community. 2. Introduction of new CML Executive Director 2.1. Kevin Bommer Colorado Municipal League Executive Director Introduction 5 min. Presenter(s): Jenn Bruno, Mayor Pro Tem Background: Kevin Bommer was appointed to be the Colorado Municipal League ("CML") Executive Director this past April. Bommer is responsible to CML's 21-member executive board for executing the policies and programs of the CML, supervising staff members, managing and coordinating activities and operations, recommending and developing organization policies and programs, and serving as a spokesperson for CML policies. Bommer also directs the CML's advocacy program and oversees CML's strategic plan development and implementation. Prior to being appointed executive director, Bommer served as the CML's deputy director and was a full-time lobbyist from 2000 to 2019. Council welcomed Bommer and reminded everyone he would be at the Grand View Room tomorrow morning (May 8)to talk about recently passed legislation. 3. Any action as a result of executive session Town Council Meeting Minutes of May 7,2019 Page 1 4. Proclamations 4.1. Proclamation No. 6, Series 2019, May is Colorado Wildfire Awareness Month Each council member read Proclamation No. 6, 2019 into the record. Moffet made a motion to approve Proclamation No. 6, Series of2019; /Foley seconded the motion passed (5-0). Mark Novak, Fire Chief and Paul Cada, Wildland Program Administrator, spoke to council about the importance of fire preparedness and thanked them for their support of the proclamation. Cada stated citizens can call the Fire Department for free wildfire mitigation inspection of their property. 5. Consent Agenda 5.1. April 2, 2019 Town Council Meeting Minutes Moffet made a motion to approve the April 2, 2019 meeting minutes; Foley seconded the motion passed (5-0). 5.2. April 16, 2019 Town Council Meeting Minute Moffet made a motion to approve the April 16, 2019 meeting minutes; Coggin seconded the motion passed (4-0 *Bruno recused herself from the vote) 5.3. Resolution No. 19, Series of 2019, Resolution No. 19, Series of 2019, A Resolution Approving a Cooperative Intergovernmental Agreement for Use of the 800 MHZ System in the Eagle River Valley Background: The Eagle River Valley User Agencies previously entered into an Agreement for use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services dated on or around August 17, 2010, governing the use of the 800 MHz radio system in Eagle County. The User Agencies wish to supersede the Previous Agreement with the current Intergovernmental Agreement to provide for continuing access to the system by the User Agencies and to reallocate the decision-making responsibilities of the User Agencies for the system. Moffet made a motion to approve Resolution No. 19, series of 2019; Mason seconded the motion passed (5-0). 5.4. Resolution No. 20, Series of 2019, A Resolution Designating Bank Accounts for the Town of Vail with Patty Mckenny , Kathleen Halloran, Carlie Smith and Jacque Lovato as the Designated Signers of those Accounts Permitted by the Charter of the Town, Its Ordinances and the Statutes of the State of Colorado and Setting Forth Details in Regard Thereto Background: With the departure of the Town Manager, this resolution adds Patty McKenny, Interim Town Manager to the list of signers on the town's bank accounts for the continuation of business processes. Town Council Meeting Minutes of May 7,2019 Page 2 Moffet made a motion to approve Resolution No. 20, Series of 2019; Foley seconded the motion passed (5-0). 5.5. Bridge Road Bridge Replacement Contract Award Background: Staff received 2 bids for the Bridge Road Bridge Replacement Project. The project replaces an existing 3 culvert structure with a single span bridge over Gore Creek. Moffet made a motion to award the Bridge Road bridge replacement contract to Kraemer North America, LLC in the amount not to exceed $1,640,665.00; Mason seconded the motion passed (5-0). 6. Presentation/Discussion 6.1. Vail Trail Head Use Task Force Report Presenter(s): Dwight Henninger, Police Chief and Aaron Mayville, US Forest District Ranger Action Requested of Council: Listen to presentation, give feedback and approve or deny funding in supplemental. Background: See attached memorandum Dwight Henninger, Police Chief, provided council with a Vail Trail Head Use Task Force update on possible plans for this summer and Vail Trails. Henninger reported the East Vail trailheads which included Booth, Pitkin, Bighorn, and Gore/Deluge, had seen significant growth in use over the last several years. Using trail counter data from Booth Creek trail, the Forest Service estimated a 156% increase between 2010 and 2018 which equated to about 2.6 times more people using the trail. Booth Creek trail saw over 31,000 hikers during the summer of 2018. These trailheads lead to the Congressionally-designated Eagles Nest Wilderness. The Task Force discussed and researched a number of potential efforts to address issues related to access, parking abuses, crowding, sanitation, trash, trail etiquette, off-leash dogs, social media, etc. Henninger stated there was not one solution that appropriately addressed those topics and also meet all the needs of stakeholders, including the Town, neighborhood residents, and local and federal agencies. Some recommendations from the Task Force for this summer included: ✓ Development of a Trail Host volunteer program. ✓ Portable sanitation facilities, ✓ Improved parking and circulation management, ✓ Dog waste education and other improvements to help address crowding on the trails. Henninger stated the first step was to begin an integrated planning effort working with stakeholders including the White River National Forest. The $30,000 funding would enable the Town to contract with the Department of Transportation's Volpe Center to commence an overall plan for these highly popular trails and trailheads in East Vail. The Volpe Center would facilitate a stakeholder group, conduct stakeholder and public meetings, design and implement user surveys, collect and analyze transportation/survey data, research feasible transit options, investigate capacities and generate other agreed-upon documentation. Henninger provided a break down of the costs of all the recommendations equaling $48,000; which staff was Town Council Meeting Minutes of May 7,2019 Page 3 requesting council add to the budget supplement that was being discussed later in tonight's meeting. Aaron Mayville, U.S. Forest District Ranger, explained the partnership with the town to also include long-range management planning similar to what had been done for Hanging Lake to be facilitated by the Volpe Center. This is the first summer for these efforts and more than likely they will get tweaked throughout the season. Mason thanked everyone for their efforts in managing the trails and helping the neighborhoods the trails heads are located in. Moffet suggested implementing the same process as Hanging Lake immediately. Council asked about signage for no parking areas and ticketing parking violators. Bruno asked about messaging during the busy days of other trails for people to hike. Bruno also asked about permitting similar to Maroon Bells in Aspen. There was no public comment. Moffet made a motion to include the $48,000 in the second reading of the supplement; Foley seconded the motion passed (5-0). 7. Action Items 7.1. Ordinance No. 7, Series 2019, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment Fund, Dispatch Services Fund,and Timber Ridge Housing Fund. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Ordinance No. 7, Series 2019. Background: Please see attached memo. Staff Recommendation:Approve or approve with amendments Ordinance No. 7, Series 2019. Kathleen Halloran, Finance Director, provided council with a recap of the 2018 revenue growth compared to 2017: • 9% increase in sales tax, • 112% increase in construction use tax, • 31% increase in parking sales, • 21% increase in RETT, and • 82% increase in construction permits/fees. Halloran briefly reviewed the adjustments to the general fund, capital projects fund, housing fund, real estate transfer tax fund, marketing fund, heavy equipment fund, dispatch services fund and Timber Ridge housing fund. Council requested a small presentation from Shoulder to Shoulder for the $50,000 contribution request for the 2019 Global Solutions Forum to be held in October. There was no public comment. Moffet moved to adopt Ordinance No. 7, Series of 2019 upon first reading; Foley seconded the motion passed (5-0). 7.2. Ordinance No. 8, Series of 2019-An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, Amending the Town Council Meeting Minutes of May 7,2019 Page 4 Definition of Flat Roof,Adding Definitions for Sloping Roof and Parapet, Creating Regulations for Parapet Height; and Setting Forth Details in Regard Thereto. 30 min. Presenter(s): Ashley Clark, Planner II Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon first reading. Background: The Community Development Department is proposing to update the Vail Town Code to add definitions related to roof pitches and respective maximum allowed heights and to add language to regulate parapets. The legislative history for height allowances in Vail from the original adoption of the Zoning Regulations and Design Regulations to today shows that Vail has adjusted its codes to accommodate design trends and technology. Today, roof construction practices allow for a wide range of roof pitches. Proposals reviewed by staff often include many different roof pitches, with some being more flat or sloping relative to others. This text amendment seeks to update the existing code to provide a clear standard for fair and consistent review of projects in Vail. Staff Recommendation: On April 22, 2019 the Planning and Environmental Commission (PEC) forwarded a recommendation of approval to the Vail Town Council, of the proposed text amendment, subject to the findings noted in Section VIII of the staff memorandum to the PEC. Ashley Clark, Community Development Planner, explained the proposed amendments to Sections 12-2-2 and 14-10-4, pursuant to Section 12-3-7, Amendment, Vail Town Code, was to: • Allow for the addition of new definitions for sloping roof and parapet, • Update the existing definition of flat roof and • Add regulations for parapet height. Council had no questions. There was no public comment. Moffet made a motion to approve Ordinance No. 8, Series of 2019 upon first reading; Coggin seconded the motion passed (5-0). 7.3. Resolution No. 21, Series of 2019, a resolution adopting the 2019 Update the Public Works Master Plan, and setting forth details in regard thereto.(PEC19-0006) Presenter(s): Chris Neubecker, Planning Manager, Community Development Department Action Requested of Council: The Town Council is asked to approve Resolution No. 21, Series of 2019, to adopt the 2019 Update to the Public Works Master Plan. Background: The existing Public Works Master Plan was approved in 1994 and is now 25 years old. A new master plan is needed to guide future use and development of the Public Works site. The purpose of the 2019 Update to the Public Works Master Plan is to provide a summary of the immediate needs and the long term use of the Public Works site within the Town of Vail. The Plan will provide a roadmap to guide future development of the site,while helping the Town to understand the possible costs and impacts of future development, and allowing for flexibility in implementation of the Plan. Staff Recommendation: The Community Development Department recommends approval of Resolution No. 21, Series of 2019. Town Council Meeting Minutes of May 7,2019 Page 5 Chris Neubecker, Community Development Planning Manager, presented an overview of the public works master plan, stating the purpose of the Plan was to provide a summary of the immediate needs and the long term use of the Public Works site. The Plan would provide a roadmap to guide future development and use of the site, while helping the Town to understand the possible costs and impacts of future development, and allowing for flexibility in implementation of the Plan. The main program elements of the Plan include: • Employee Housing • Public Works Administration • Transit • Fleet Maintenance • Streets & Parks • Facilities Maintenance • Solar Energy Systems • Snow Dump/Storage • Site Parking Neubecker explained the timeframe for this Master Plan was 20 years. This duration allowed for the Town to identify known needs and to plan for the future. There are six priorities of the Public Works Master Plan: 1. Streets and Parks building expansion 2. Housing opportunities which may be available at the site 3. Solar energy opportunities to help offset Town of Vail energy consumption 4. N. Frontage Road turn-lane and improvements to support future expansion 5. Snow Dump/Storage expansion 6. Site utility upgrades Neubecker stated the PEC made recommendations to the Plan at an April meeting to include Solar Panels and housing. Council had no questions. There was no Public Comment Moffet made a motion to approves Resolution No. 21, Series of 2019, a resolution adopting the 2019 Update to the Public Works Master Plan. This motion is based upon the Planning and Environmental Commission's review and recommendation of approval of the proposed Plan, as amended over the course of the public hearing process and the finding that the applicant has demonstrated to the satisfaction of the Town Council that conditions have changed since the original adoption of the 1994 Public Works Facility Master Plan and that the requested additions, deletions, or changes to the Plan are in concert with the adopted development objectives, as outlined in Section VI of the staff memorandum to the Planning and Environmental Commission dated April 22, 2019.; Foley seconded the motion passed (5-0). 7.4. Resolution No. 22, Series of 2019, A Resolution of the Vail Town Council Stating Intent of the Town to Acquire Certain Property for the Protection of the Town's Stream Tract, and to Provide for the Unencumbered Use of Public Property Pursuant to C.R.S. §38-6-101, ET Seq. C.R.S. §31-25-201, Article XX, §1 Town of Vail Home Rule Charter Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Resolution No. 22, Series of 2019. Town Council Meeting Minutes of May 7,2019 Page 6 Background: Delponte sued the Town after installing private landscaping and patio improvements on Town-owned property adjacent to Gore Creek. Delponte sought a declaratory judgment that a restrictive covenant permitted installation of his private improvements. The Town filed a counterclaim for trespass. In 2016, the Colorado Court of Appeals agreed with the Town, finding that the improvements illegally trespassed upon Town property as a matter of law and remanding the matter to the District Court to award damages for the trespass. Two years later, the district court held a hearing concerning damages. In the meantime, the plaintiff convinced his neighborhood to adopt a new restrictive covenant that purportedly allows private improvements on Town-owned property. At the damages hearing, despite evidence of actual damages provided by the Town, the district court awarded the Town only nominal damages of $1.00 for the 12 years of trespass on Town-owned property. The Town has again appealed the district court's decision to the Colorado Court of Appeals, and the appeal is pending. To avoid another attempt by the neighborhood to take Town-owned property, the Town intends to condemn all existing and future restrictive covenants that purport to allow private uses on the Town-owned property. Under current case law, the value of the property interest to be condemned is zero. Matt Mire, Town Attorney, reviewed Resolution No. 22, Series of 2019 with council. Mire explained the new covenants allowed owners to build private use on town property and the condemnation would make it unlawful to use public land for private use. Mire reminded council this would assist with protecting the Gore Creek stream tract. There was no public comment. Moffet made a motion to approve Resolution No. 22, Series of 2019; Coggin seconded the motion passed (5-0). Moffet made a motion to appoint Kristen Bertuglia as the negotiator; Foley seconded the motion passed (5-0). 8. Public Hearings 8.1. Ordinance No. 6, Series of 2019, Second Reading,An Ordinance Granting a Franchise to Holy Cross Energy Presenter(s): Greg Hall, Public Works &Transportation Director Action Requested of Council: Table Ordinance No. 6, Series of 2019 to the May 21, 2019 Town Council meeting. Background: The Town of Vail and Holy Cross Energy have been partners in an Electric Utility Franchise Agreement since February 27, 1979. That agreement was renewed on May 4, 1999 to expire this May. The franchise fee is currently set at 3%, which is consistent with other municipalities with whom Holy Cross Energy has franchise agreements with. The proposed franchise agreement increases the franchise fee to 4%. The additional revenue generated from this increase will assist with undergrounding of overhead electric and other utility lines. Public notice requirements for franchise agreements have been met by Holy Cross. Staff Recommendation: Table Ordinance No. 6, Series of 2019 to the May 21, 2019 Town Council meeting. Town Council Meeting Minutes of May 7,2019 Page 7 Moffet made a motion to table Ordinance No. 6, Series of2019 to the May 21, 2019 meeting; Foley seconded the motion passed (5-0). There being no further business to come before the council, Moffet moved to adjourn the meeting; Coggin seconded the motion which passed (5-0) and the meeting adjourned at 8:50 P.m. Respect4,i ' .miffed, Attest: Jenn = .•.r Pro Tem lagel, To,,• Clerk �~ riNO3 k",11 N-N �AORA- 0 Town Council Meeting Minutes of May 7,2019 Page 8 Vail Town Council Meeting Minutes Tuesday, May 21, 2019 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: Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Carol Johnson, West Vail resident, asked council to join other communities in adopting legislation to raise the age to purchase and use cigarettes and vaping devices from 18 to 21 years of age. Cynthia Myers, Vail resident, also spoke to council about raising the smoking age from 18 years to 21 years of age. Myers asked council to let the Vail voters decide by putting the question on the ballot. Tom Boyd, introduced himself to council as the new General Manager for the Ford Amphitheater. Additionally, Boyd stated he would continue to serve as director of PR for the Vail Valley Foundation. Matt Scherr, Minturn resident, introduced himself to council as the newest Eagle County Commissioner. He was appointed after the seat was vacated by Jill Ryan. 2. Award Recognitions 2.1. Recognize recent Housing Colorado Eagle Award given to George Ruther, Vail Housing Director, and acknowledgement of the Vail Local Housing Authority for the Vail InDEED Deed-Restriction Purchase Program Presenter(s): Dave Chapin, Mayor Background: The Town Council would like to congratulate George Ruther and the Vail Local Housing Authority for the recent recognition by the Housing Colorado group who presented the Eagle Award to Vail's Housing Director Mr. Ruther as well as recognized the Vail InDEED program as one of five outstanding housing programs in the State of Colorado. Town Council Meeting Minutes of May 21,2019 Page 1 Housing Colorado is an industry association dedicated to working with and acknowledging affordable housing in Colorado. The Eagle Award was established in 1990 and has come to represent one of the highest achievements for the Colorado housing community. This prestigious award celebrates the extraordinary accomplishments and outstanding leadership in housing and support services. The award honors individuals, agencies, projects, and programs that soar to new heights in their work to ensure safe, decent, affordable housing for all Coloradans. A total of four winners were chosen from nearly 30 project, program and individual nominations from across Colorado by an industry-diverse selection committee. The four Eagle Awards and one People's Choice Award were presented at the 2019 Eagle Awards Ceremony on Thursday, May 9, 2019 at the Four Season Hotel in downtown Denver. 2.2. Colorado Grand Scholarship Award Recognition Presenter(s): Jenn Bruno, Mayor Pro Tern Background: The Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County. The 2019 award will be given to a senior student who attends one of the local High Schools. Ed O'Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years. Bruno introduced Ed O'Brien the Colorado Grand Colorado Grand Community Liaison and together they presented the $8500.00 scholarship to Battle Mountain High School student Alondra Hernandez. 2.3. Town of Vail Youth Award Recognition Presenter(s): Dave Chapin, Mayor and Scott O'Connell Background: The Town of Vail will recognize two local Vail students (and residents), for their academic accomplishments, extracurricular activities (athletic, civic, performing arts) and leadership at their respective high schools, Vail Mountain School & Battle Mountain High School. The Town has been a supporter of this program formerly administered and funded by the Vail Valley Exchange (no longer an active organization). Scott O'Connell, Vail Recreation District representative, presented both juniors in high school, Lexi Linafelter of Vail Mountain School and Owen Ruotolo of Battle Mountain High School, a $1000.00 college scholarship each. 3. Appointments for Authorities, Boards and Commissions 3.1. Vail Local Housing Authority Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint one person to serve on the VLHA for a five-year term ending on May 31, 2024. Bruno made a motion to appoint James Wilkens to another five year term on the Vail Local Housing Authority; Moffet seconded the motion passed (7-0). Town Council Meeting Minutes of May 21,2019 Page 2 3.2. Vail Local (Liquor) Licensing Authority Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint three people to serve on VLLA for two-year term ending May 31, 2021. Bruno made motion to appoint Ross Cohen and Tony Herrera to two years terms on the Vail Local Housing Authority; and Luca Bruno reappointed to a one year term or until someone else submits a letter of interest; Moffet seconded the motion passed (7-0). Foley stated Bob McKeown was currently out of town, but thought he might be interested in serving on the VLLA board again. 4. Consent Agenda 4.1. Resolution No. 23, Series of 2019; A Resolution Pledging 100% Renewable Energy for Town of Vail Municipal Electricity Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager, Greg Hall, Director of Public Works, Transportation and Parks and representatives from Holy Cross Energy Background: The Town of Vail's Environmental Sustainability Strategic Plan holds the town to a reduction of carbon emissions of 20% by 2020 below 2006 levels. Holy Cross Energy will present the PURE program, an energy offset program where members may purchase renewable energy for a premium. Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 23, Series of 2019, and associated funding of $36,000 (estimated based on last 12 months kWh usage) for wind power in the supplemental budget, offsetting over 4.6 million kWh of municipal electricity use with renewable energy. Langmaid made a motion to approve Resolution No. 23, Series of 2019; Mason seconded the motion failed (4-3 Bruno, Moffet, Chapin and Foley against) Several council members expressed concerns about the proposal. Moffet would prefer to give the $36,000 as a last step and would prefer to see local renewables. Foley preferred 100% hydro power. Bruno didn't think the offset should apply to town's sustainability goals. Langmaid wanted the town get out of using coal. Coggin stated he would support the resolution but would also like to see more action. Foley made a motion to approve an amended Resolution No. 23, Series of 2019 the purchase going to 100% hydro power and to not be used to offset the town's 2020 sustainability goal; Coggin seconded the motion passed (6-1 Moffet opposed). 4.2. Resolution No. 24, Series of 2019, A Resolution Approving the Purchase of Lot 5 Bighorn 2nd Edition Known as 3785 Lupine Drive, Lot 5, Vail Colorado 81657 Town Council Meeting Minutes of May 21,2019 Page 3 Moffet made a motion to approve Resolution No 24, Series of 2019 and to add recitals to the resolution stating the property would be open space with no trails or other improvements; Mason seconded the motion passed (7-0). 5. Town Manager Report 5.1. Red Sandstone Parking Structure Project Update Presenter(s): Greg Hall, Director of Public Works & Transportation Hall provided council an update on the repairs to the Red Sandstone parking structure stating the weather has caused some delays completing the repairs. 6. Presentation/Discussion 6.1. Civic Area Plan Discussion Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: Staff asks Council to review the presentation and provide direction related to the content provided by the project team. Background: Since our last update to Council on April 2, 2019, the project team has launched Engagement Window 2 to gain feedback on the various design concepts for each of the five sites in the study area. Today's presentation to Council focuses on the feedback we received from the public through surveys conducted on EngageVail.com, and input from various stakeholder groups we have met with during Engagement Window 2. The presentation also covers funding mechanisms available to the Town, rough estimates of cost, and market considerations relative to the types of uses contemplated within the Civic Area. Staff Recommendation: No recommendation is proposed from staff at this time. Gennett, Community Development Director, spoke to council regarding a trip the group took to Boulder to review their civic area updates and to get some ideas. Gennett reintroduced the team. Tom Boyd, civic area consultant, reviewed the project timeline and the focuses of the upcoming meetings. The goal of tonight's meeting was to: ✓ Provide an update on community engagement window 2; ✓ Market Considerations; ✓ Revenue Opportunities; ✓ Order of Magnitude Estimate of Project Costs Boyd stated Engagement Window #2 had been successful. This engagement requested respondents to evaluate design concepts for the five sites in the study area. These concepts included a large community space at the charter bus lot; an upgrade, rebuild or expansion of Dobson Ice Arena; addition of a 2nd floor to the library; community space and housing at the Lionhead parking structure; additional parking; and a new municipal building. Engagement Window#2 showed the Vail Public Library was considered a high community asset and had support of several potential ideas but there was minimal support for a bridge connecting the library to Dobson Arena. Community feedback suggested strong support for doing significant improvements at Dobson Arena. There was also support for ground level uses Town Council Meeting Minutes of May 21, 2019 Page 4 on the south side of a potential expansion of the Lionshead parking structure and a civic development on the charter bus lot. Opinions were mixed regarding future uses of the municipal site. Andrew Knudtsen, Economic Planning Systems, presented an overview on the economic and market considerations. This included potential revenue opportunities to fund Civic Area improvements and high-level order of magnitude cost estimates for potential improvements. A Multi-Purpose Event space (20,000 sq. ft.)was viable due to sufficient market demand. This could be a town-owned space or a joint venture approach. Next steps included additional research on a joint venture scenario, testing an overall room capacity in the market and testing the market demand for additional event space. An additional Ice Rink/recreation Center though per industry standards there was no need for an additional ice-rink looking at profile of users, there may be a need. An emerging "Hockey School" might be the driver that could generate revenue for Vail Recreation District. Next steps included: ✓ Working with Vail Recreation District to estimate O&M costs associated with an expanded facility; ✓ Test financial model and evaluate capacity regarding capital costs for upgrade, rebuild and expansion; and ✓ Understand ways to incorporate rec facilities as part of options. Performing Arts opportunity exists to go larger or smaller than the Vilar Center. Next steps included researching best ways to introduce a complementary venue and develop working assumptions for VRD to manage a venue for groups of 4,000+. Regarding civic needs and opportunities, Knudtsen suggested additional evaluation of space requirements and costs associated with addressing housing needs as well an untapped opportunity to incubate new businesses. Next Knudtsen presented the availability of public financing mechanisms. These included: • Urban Renewal Authority • Downtown Development Authority • Business Improvement District • General Improvement District • Special District • Public Improvement Fee • Dedicated Sales Tax- required voter approval The various public financing mechanisms could generate significant revenue potential. In reviewing preliminary cost estimated for the various scenarios, the estimated $160 million could be funded by the public financing mechanisms presented. Council wanted to know more about the level of community support for the scenarios presented given the costs and to see examples of multi-use facilities that have been built elsewhere. Public comment was called. Laurie Mullen, representing Friends of Dobson, spoke on the group's behalf and advocated on the need for a second sheet of ice for continuing programing. Rick Sackbauer, wondered about the Vail experience in the civic plan. Kristen Shelder, Vail resident, stated the hockey program was growing and advocated for the need of more ice. Terra Lane, reminded everyone that the Eagle ice-rink was seasonal and they really did not have two full sheets year around Town Council Meeting Minutes of May 21,2019 Page 5 A figure skating parent from Gypsum stated there was a real need for more ice in the valley. She wondered if the consulting group looked at other ski communities like Aspen and Breckenridge who have 2 sheets of ice. Caitlin Murray, Bravo Vail, offered their expertise to multi-use spaces for concerts and performing arts. 7. Break (10 min.) 8. Action Items 8.1. Ordinance No. 9, Series of 2019, First Reading, Prescribed Regulations Amendment - Separated Duplexes Presenter(s): Erik Gates, Community Development Planner Action Requested of Council: The Vail Town Council is asked to approve, approve with modifications, or deny Ordinance No. 9, Series of 2019 Background: Within the TOV there are approximately 20 separated duplexes. Over time, adherence to the Unified Architectural and Landscape Design requirement has not been maintained on approximately 10 of them. This has resulted largely from prior Design Review Boards not enforcing this provision of the code and has been exacerbated by staff approvals. Because the Code, as written, requires that this criteria be met and does not allow for any alteration that would increase the discrepancy between the structures, an exterior alteration of any size would require that one or both of the duplexes significantly redevelop their property to come into compliance with the Code. This results in a financial and logistical constraint that can result in separated duplexes choosing to make no updates their architectural design. Erik Gates, Community Development Planner, provided a brief history for the reason for code changes. Additionally, Gates stated on April 22, 2019, the Planning and Environmental Commission (PEC) forwarded a recommendation for approval, with the conditions that Staff present the inventory of qualifying properties to the Design Review Board and that the Design Review Board had final approval of the inventory and any future additions to the inventory, to the Vail Town Council for the proposed amendment, subject to the findings noted in Section VIII of the staff memorandum sent to the PEC There was no public comment Moffet made a motion to approve on first reading Ordinance No. 9, Series of 2019, a Prescribed Regulation Amendment to amend Section 14-10-6: Residential Development, Vail Town Code, to add a paragraph pertaining to the unified architectural design requirement as it relates to existing separated duplexes, pursuant to Section 12-3-7, Amendment, Vail Town Code; Coggin seconded the motion passed (7-0). 8.2. Permission to Proceed through the Development Review Process for use of Town of Vail owned property to construct a driveway and retaining walls, located at 4018 Willow Way. Presenter(s): Chris Neubecker, Planning Manager Town Council Meeting Minutes of May 21,2019 Page 6 Action Requested of Council: The Town Council is asked to review a request to submit development review applications (Design Review Board and Planning and Environmental Commission) for use Town of Vail property for the construction of a driveway and retaining walls in order to access a 45-acre parcel of land which has no frontage on a public right-of-way. Background: The proposed driveway would facilitate access to, and development on, the 45- acre parcel of undeveloped land, which does not have frontage on a public right-of-way. If this applicant is unable to obtain access through Town property, they will need to seek access from a private property, or through other existing access easements. Staff Recommendation: The Community Development Department recommends that the Vail Town Council deny use of Town property. Chris Neubecker, Planning Manager, provided an overview of the permission to proceed through the property. Neubecker stated the applicant SMF East Vail LLC are requesting permission to construct a driveway and associated retaining walls, as well as utilities and drainage improvements, within a proposed easement on Town of Vail property at 4018 Willow Way (Bighorn Subdivision, Lot 10) in order to access and develop a 45-acre parcel with no street frontage. Neubecker stated that the Community Development Department was recommending that the Vail Town Council denied use of Town property for the following reasons: ✓ The Town property at 4018 Willow Way was purchased to advance the Town's open space program. ✓ The 45-acre parcel is identified in the 2018 Open Lands Plan for either acquisition by the Town of Vail or working with the property owner on a conservation easement to eliminate development potential. ✓ The 45-acre parcel is currently zoned Agricultural and Open Space (A); development of the site is currently limited to one (1) single family residential dwelling up to 2,000 square feet of GRFA. ✓ The 45-acre parcel is identified on the Land Use Plan map as open space, which reflects the community's desire for this land. Steven Finn, representing the applicant SMF East Vail LLC presented the development idea for the 45 acre parcel and the access through Lot 10. Finn questioned the zoning of the property as open space. There was no public comment Moffet made a motion to deny the permission to proceed through the Development Review Process; Bruno seconded the motion passed (5-2 Foley and Mason against). Most council agreed to uphold the 1980 council decision to keep the parcel open space and felt the applicant had another access option to the 45 acre parcel. Foley thought the applicant should be allowed to go through the process and would be voting against the motion. 9. Public Hearings 9.1. Ordinance No. 8, Series of 2019, Second Reading, Ordinance adopting Prescribed Regulations Amendment - Roof Pitches Town Council Meeting Minutes of May 21, 2019 Page 7 Presenter(s): Ashley Clark, Planner II Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon second reading. Background: The Community Development Department is proposing to update the Vail Town Code to add definitions related to roof pitches and respective maximum allowed heights and to add language to regulate parapets. The legislative history for height allowances in Vail from the original adoption of the Zoning Regulations and Design Regulations to today shows that Vail has adjusted its codes to accommodate design trends and technology. Today, roof construction practices allow for a wide range of roof pitches. Proposals reviewed by staff often include many different roof pitches, with some being more flat or sloping relative to others. This text amendment seeks to update the existing code to provide a clear standard for fair and consistent review of projects in Vail. Staff Recommendation: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 8, Series of 2019, upon second reading. Ashley Clark, Planner II, confirmed there had been no changes since first reading. Moffet made a motion to approve Ordinance No. 8, Series of 2019 on second reading; Mason seconded the motion passed (7-0). There was no public comment 9.2. Ordinance No. 6, Series of 2019, Second Reading, An Ordinance Granting 10 min. a Franchise to Holy Cross Energy Presenter(s): Greg Hall, Public Works & Transportation Director Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6, Series of 2019 upon second reading. Background: The Town of Vail and Holy Cross Energy have been partners in an Electric Utility Franchise Agreement since February 27, 1979. That agreement was renewed on May 4, 1999 to expire this May. The franchise fee is currently set at 3%, which is consistent with other municipalities with whom Holy Cross Energy has franchise agreements with. The proposed franchise agreement increases the franchise fee to 4%. The additional revenue generated from this increase will assist with undergrounding of overhead electric and other utility lines. Public notice requirements for franchise agreements have been met by Holy Cross. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of 2019 upon second reading. Greg Hall, Public Works Director confirmed there were no changes since first reading. Moffet made a motion to approve Ordinance No. 6, Series of 2019 on second reading; Coggin seconded the motion passed (7-0). There was no public comment. Town Council Meeting Minutes of May 21,2019 Page 8 9.3. Second reading of Ordinance No. 7, Series 2019, an Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, Dispatch Services Fund and Timber Ridge Enterprise Fund Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 7, Series 2019 Background: Please see attached memo Staff Recommendation: Approve or approve with amendments Ordinance No. 7, Series 2019 Bob Bandoni, executive director of Student's Shoulder to Shoulder, provided a brief presentation on the Global Solution Forum event on October 23-25, 2019. Bandoni requested $50,000 from council for this event. Council agreed to fund the $50,000 as a signature event in council contribution. Carlie Smith, Financial Services Manager, reviewed the changes from first reading on May 7th ✓ More information about the mid-cycle funding application for $50,000 for the 2019 Global Solutions Forum in Vail ✓ $58,000Trailhead Use Taskforce to strategically address trailhead over use in Vail. ✓ $600,000 to purchase the Lupine open space parcel with Eagle County. Eagle County will reimburse the town $300,000 or 50% of the purchase price. ✓ $200,000 contingency for the data center project. The contingency would potentially be used to address newly identified structural issues that required a shift in the data center location from the 2nd floor to the 1st floor of the East Vail fire station. Moffet made a motion to approve Ordinance No. 7, Series of 2019 on second reading with the addition of$50,000 for the Global Solution Forum event; and 918with the $57000 for the renewable energy; Bruno seconded the motion passed (7-0). There was no public comment. There being no further business to come before the council, Moffet moved to adjourn the meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 9:50 p.m. Res•ectfully Submitted, p Attest: 'lk,F. ,t Mayor or 4.0 . ®� CP-Nag: . , Clerk Town Council Meeting Minutes of May 21, �•`� -•�w Page 9 PORAS�o ( Vail Town Council Meeting Minutes �r Tuesday, June 4, 2019 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: Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Joe Staufer, Vail Resident, recommended the Town purchase the parcel of land Vail Resorts owns in East Vail for a wildlife habitat for the bighorn sheep. Charles Townsend was excited to share with Town Council he had rented the art space in the Vail Cascade to open his new business Mountain Art Collective; which will provide a location for artist to display their work; offer dance and network. Sue Dugan, Vail resident, has a deed restriction on her house that she would like removed. Dugan stated there has no stove, microwave or other heating devices in the unit and per her deed restriction if she does not have these devices in her unit she could remove the deed restriction. Dugan requested council to remove the deed restriction. Chapin confirmed Dugan was the only person living in her residence. Mike Imhof, President of Vail Valley Foundation, thanked the council for their partnership and was excited to announce the kickoff of 2019 GoPro Mountain Games this coming weekend. 2. Consent Agenda 2.1. May 7, 2019 Town Council Meeting Minutes Moffet made a motion to approve the May 7, 2019 Town Council meeting minutes; Mason seconded the motion passed (4-0 Langmaid recused and **Coggin absent from the vote). 2.2. May 21, 2019 Town Council Meeting Minutes Town Council Meeting Minutes of June 4,2019 Page 1 Moffet made a motion to approve the May 21, 2019 Town Council meeting minutes; Foley seconded the motion passed (6-0 **Coggin absent from vote). 2.3. Holy Cross Energy Bridge Road Agreement Background: The Bridge Road Bridge Replacement project requires relocation of existing Holy Cross Energy infrastructure from the existing bridge structure to the new bridge structure. Holy Cross Energy requires an executed Trench, Conduit and Vault agreement for this work to be performed. Moffet made a motion to approve the Holy Cross Energy Bridge Road Agreement; Foley seconded the motion passed (6-0 **Coggin absent from vote). 2.4. Letter of Support for Mountain Travel Symposium Moffet made a motion to send a letter of support for Mountain Travel Symposium; Bruno seconded the motion passed (6-0 **Coggin absent from vote). 2.5. Resolution No. 25, Series of 2019 A Resolution approving an Intergovernmental Agreement between the Town of Vail and Eagle River Water and Sanitation District for the Gore Valley Trail at Dowd Junction Repair Project Background: The town and ERW SD entered into an IGA in 2015 for the design of streambank stabilization along Gore Creek in Dowd Junction. The design project has now moved into the construction phase. A new IGA for construction of the streambank stabilization now needs to be entered into, in order to implement the project. Moffet made a motion to approve Resolution No. 25, Series of 2019 and directed the Town Manager to enter into an agreement with Eagle River Water and Sanitation District; Mason seconded the motion passed (6-0 **Coggin absent from vote). 2.6. Dowd Junction Streambank Stabilization Contract Award to Whinnery Construction in an amount not to exceed $542,320. Background: The town and ERWSD have publically bid a joint Dowd Junction streambank stabilization project in order to protect the Dowd Junction bike path and sewer main that runs beneath it. The project is anticipated to begin in August 2019 Moffet made a motion to award the Dowd Junction Streambank Stabilization Contract to Whinnery Construction and for it to not exceed $542,320; Bruno seconded the motion passed (6-0 **Coggin absent from vote). 3. Town Manager Report 3.1. Vail Commons Resale Lottery Results There were no questions regarding the memo. 4. Presentations/ Discussion Town Council Meeting Minutes of June 4,2019 Page 2 Lir 4.1. Presentation of the 2018 Audited Financial Statements. Presenter(s): Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and Associates Action Requested of Council: For information only. 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 2018 audit was conducted by McMahan and Associates, LLC. Kathleen Halloran, Finance Director along with Michael Jenkins, McMahan and Associates, provided an overview of the town's audited 2018 financial statements along with a report that indicated the town was in a very strong financial position noted by an increase in overall fund balances for general fund (operating), capital projects fund, and real estate transfer tax fund. A brief recap of the town's debt financing was made on the Vail Reinvestment Authority monies. And finally there was a projection made on the town's fund balance which reflects healthy reserves (minimum of 30%). Halloran reported in 2018: ✓ General Fund was favorable to budget by$5.1 M ✓ Capital Projects Fund managed $30.4M in projects ✓ Real Estate Transfer Tax Fund managed $4.3M in projects; and ✓ $2.6M operations Council thanked Halloran and Jenkins on the information they presented. 5. Public Hearings 5.1. Ordinance No. 4, Series of 2019, Second Reading, an Ordinance Amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Vail Town Code, to Remove the Dwelling Units per Acre Maximum While Maintaining the Existing Dimensional Standards Including GRFA and Building Height in the Lionshead Mixed Use- 1 Zone District. Presenter(s): Chris Neubecker, Planning Manager, Community Development Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 4, Series of 2019, upon second reading. Background: The proposed change to the density maximum in Lionshead Mixed Use-1 zone district will encourage redevelopment of properties in the Lionshead area, as recommended in the Lionshead Redevelopment Master Plan. Staff Recommendation: The Community Development Department recommends approval of Ordinance No. 4, Series of 2019 on Second Reading. Chris Neubecker, Planning Manager, reviewed Ordinance No. 4, Series 2019 with council stating the ordinance would amend Vail Town code to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use-1 (LMU-1) zone district. Neubecker stated on January 28, Lew Town Council Meeting Minutes of June 4,2019 Page 3 2019 the Planning and Environmental Commission (PEC)forwarded a recommendation of approval of the proposed text amendment to the Vail Town Council. Dominic Mauriello, spoke on behalf of the Applicant, Treetops Homeowners Association, stating the proposal text amendment was to allow dwelling units to be developed in the same manner, limited only by building height, site coverage limitations, setback requirements, GRFA allowances, and landscape area provisions. That the analysis that had been done by Eagle River Water and Sanitation District and the Town of Vail Public Works, concluded that this amendment would be a positive change for the Lionshead area, it would encourage redevelopment, and could be accommodated without significant impacts to wastewater treatment and traffic. Mauriello went onto say the proposed density language would create flexibility to redevelop and make lionshead a better place. Public comment has been called Jeff Babb, Lionshead Center Association, supports this modification especially since the original footprint of a building does not change. Mike Johnson, President of Treetops, wants to maximize the use of the building with larger units and asked council to approve the code amendments. Peter Knobel, Vail Resident, supports the amendment which would allow developers to maximize the building spaces inside. Bill Pierce stated the size of the cake stays the same it's the size of the pieces that would change. Moffet made a motion to approve Ordinance No. 4, Series of 2019 upon second reading based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated January 28, 2019 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; 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 passed (6-1 Foley opposed** 6:43pm Coggin returned to meeting) 5.2. Ordinance No. 9, Series of 2019, Second Reading, Prescribed Regulations 5 min. Amendment- Separated Duplexes Presenter(s): Erik Gates, Community Development Planner Action Requested of Council: The Vail Town Council is asked to approve, approve with modifications, or deny Ordinance No. 9, Series of 2019 Background: Within the TOV there are approximately 20 separated duplexes. Over time, adherence to the Unified Architectural and Landscape Design requirement has not been maintained on approximately 10 of them. This has resulted largely from prior Design Review Boards not enforcing this provision of the code and has been exacerbated by staff approvals. Because the Code, as written, requires that this criteria be met and does not allow for any Town Council Meeting Minutes of June 4,2019 Page 4 alteration that would increase the discrepancy between the structures, an exterior alteration of any size would require that one or both of the duplexes significantly redevelop their property to come into compliance with the Code. This results in a financial and logistical constraint that can result in separated duplexes choosing to make no updates their architectural design. Matt Gennett, Community development Director, confirmed there were no changes since the first reading. There was no public comment. Moffet made a motion to approved Ordinance No. 9, Series of 2019 upon second reading; Bruno seconded the motion passed (7-0). 6. Adjournment There being no further business to come before the council, Moffet moved to adjourn the meeting; Foley seconded the m.e wi qvvh -d (7-0) and the meeting .djourned at 7:15p.m. ully : b i es, II Attest: �s , _ (i Nt::) " ha i , Mayor 0 CO inw dialkoNagel, T.wn Cle Town Council Meeting Minutes of June 4,2019 Page 5 Vail Town Council Meeting Minutes Tuesday, June 18, 2019 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: Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Caitlynn Murray, Bravo! Vail, thanked Council and the Vail community for their support. This will be Bravo! Vail's 32nd season! Pete Siebert, thanked council for their support of Vail Valley Mountain Trails Alliance and introduced Ernest Saeger as the Executive Director. Saeger spoke to council about a grant that has helped fund the rerouting of the North Trail to address erosion. 2. Consent Agenda 2.1. Resolution No. 26, Series of 2019, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Town of Gypsum for Electrical Inspection Services. Background: The State of Colorado, per C.R.S. 12-23-115, requires that electrical inspectors be State licensed electricians. Therefore, in order to provide this service to Town of Vail customers, we have a licensed electrician on staff to perform the proper inspections. However, when our employee is not available for any reason (i.e.: vacation, injury/sick leave, etc.), we will be unable to provide this service to our customers. Thus, we would like to enter into an agreement with the Town of Gypsum to provide "backup coverage" on an as-needed basis. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 26, Series of 2019. Moffet made a motion to approve Resolution No. 26, Series of 2019; Bruno seconded the motion passed (7-0). Town Council Meeting Minutes of June 18,2019 Page 1 2.2. Resolution No. 27, Series of 2019, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the United States Department of Transportation Office of the Assistant Secretary for Research and Technology Volpe National Transportation Systems Center Background: In recent years, parking lots and access roads to several of the area's most popular trailheads have become congested, trails have become wider due to increased foot traffic, and crowding has negatively affected the experiences of visitors and nearby neighbors to these areas. In an effort to address these issues the Town of Vail and Volpe Center wish to enter into an agreement for services related to transportation planning assistance and implementation support Staff Recommendation: Approve, approve with amendments or deny Resolution No. 27, Series of 2019. Moffet made a motion to approve Resolution No. 27, Series of 2019 and authorize the Town Manager to enter into an agreement with the United States Department of Transportation Office; Bruno seconded the motion passed (7-0). 2.3. Forest Road Bridge Repair Contract Award Background: Town staff received two bids for the Forest Road Bridge Repair project, with Icon, Inc. the low responsible bidder. The project includes bridge wing wall repair, new approach rails and pedestrian height bridge rails. The project will require a full bridge closure over Gore Creek and traffic will be detoured to Vail Road. The project is within budget. The project is scheduled to be completed between August 12 and September 27, 2019. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Icon, Inc. to complete the Forest Road Bridge Repair project in the amount not to exceed $292,000.00. Moffet made a motion to award the Forest Road Bridge Repair Contract to Icon Inc. and for the Town Manager to enter into an agreement not to exceed $292,000.00; Bruno seconded the motion passed (7-0). 2.4. Kinnikinnick Road Bridge Repair Contract Award Background: Town staff received two bids for the Kinnikinnick Road Bridge Repair project, with G.A. Western Construction Company the low responsible bidder. The project includes replacing the existing bridge deck, new approach and bridge rails. The project will require a full bridge closure over Gore Creek and traffic will be detoured to the east Kinnikinnick Road intersection with the South Frontage Road. The project is within budget. The project is scheduled to be completed between July 8 and September 27, 2019. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with G.A. Western Construction Company to complete the Kinnikinnick Road Bridge Repair project in the amount not to exceed $330,350.00. Town Council Meeting Minutes of June 18,2019 Page 2 Moffet made a motion to award the Kinnikinnick Road Bridge Repair Contract to G.A. Western Construction Company and for the Town Manager to enter into an agreement not to exceed $330,350.00; Bruno seconded the motion passed (7-0). 2.5. Ground Engineering Bridge Road Agreement Background: Staff received 1 submittal for the request for proposals to provide construction inspection on the Bridge Road Bridge Replacement Project. This project is partially funded with a $1,000,000.00 bridge replacement grant from the Colorado Department of Transportation for the design and construction of the Bridge Road Bridge Replacement. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Ground Engineering to complete construction inspection on the Bridge Road Bridge Replacement Project in the amount not to exceed $81,000.00. Moffet made a motion to award the Bridge Road Agreement to Ground Engineering and for the Town Manager to enter into an agreement not to exceed $81,000.00; Coggin seconded the motion passed (7-0). 2.6. Buffehr Creek Road Quality Improvements Contract Award Background: Town staff received three bids for the Buffehr Creek Road Water Quality Improvements project, with Icon, Inc. the low responsible bidder. The uphill ditch along Buffehr Creek Road above 1701 Buffehr Creek Rd has significant scour due to the steep grade of the roadway. This scour discharges the sediment directly into Buffer Creek. To prevent this sediment from entering Buffehr Creek the project includes installing 1,000 feet of curb and gutter to prevent ditch erosion and 3 inlets with deep sumps to trap sediment. The project is within the engineer's estimate. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Icon, Inc. to complete the Buffehr Creek Road Water Quality Improvements project in the amount not to exceed $125,000.00. Moffet made a motion to award the Buffehr Creek Road Quality Improvement contract to Icon, Inc. and for the Town Manager to enter into an agreement not to exceed $125,000.00; Bruno seconded the motion passed (7-0). 3. Town Manager Report 3.1. Town Manager Recruitment Update Presenter(s): Krista Miller, HR & Risk Management Director Krista Miller, HR and Risk Management Director, provided council with an update and timeline for the hiring of a new Town Manager. The timeline anticipates interviews of finalists in September. 3.2. Verbal Update on New Development Plan for Booth Heights Presenter(s): Matt Gennett, Director of Community Development Town Council Meeting Minutes of June 18, 2019 Page 3 Chris Neubecker, Planner, provided a timeline and process of the application for Booth Heights. This development is located in East Vail and the property owner is Vail Resorts. Community Development is anticipating three meetings for review of the project. Review meetings by the Planning and Environmental Commission are tentatively scheduled for June 24, July 8 and Aug. 12. Greg Hall, Public Works Director, provided an update on several construction projects, including warranty repairs at the Red Sandstone garage and the timeline for repairs to the Slifer fountain. The Public Works Dept. recommended fencing the Slifer fountain and delaying construction to happen after Labor Day weekend. 4. Presentations / Discussion 4.1. Civic Area Plan Update— Presentation of Four Master Plan Concepts, Rough Costs and Revenue Potential Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: Staff asks Council to review the presentation and provide direction related to narrowing the four master plan concepts to two. Background: The purpose of this work session is to share the four master plan concepts ideas with the Town Council and receive direction from Council to narrow the number of concepts to two. The project team will then share the design concepts through Engage Vail as well as "pop- up" outreach events and stakeholder focus groups. Staff Recommendation: No recommendation at this time. Matt Gennett, Community Development Director, spoke to council briefly about the meetings the group has had with the Vail Local Marketing District Advisory Committee and the Vail Economic Advisory Committee. Tom Braun, Braun and Associates, presented examples of multi-use facilities from other communities, including Jackson Center for the Arts, Dairy Arts Center, Swiss Tech Convention Center, Tobin Center for Performing Arts and Smith Center. The multi-use spaces could be used for performing arts, conventions. Lou Bieker, 4240 Architects, presented an overview of the four master plan concepts. The scenarios offered a variety of uses for the charter bus lot and the municipal site. Other sites in the study include the Lionshead parking structure, Dobson Arena and Vail Public Library. • Concept 1: Included relocation of the S. Frontage Rd to align with Interstate 70; which could create new possibilities for conference hotel and new police dept. at the current municipal site. A small performing arts/community space and town hall would happen on the charter bus lot. A demolition and rebuild of Dobson for ice with expanded event uses; mixed-use at south side parking garage; add 160 incremental parking spaces on the north side of the charter bus lot; and also included second story addition to Vail Public Library. Cost estimates were $149M for this concept. • Concept 2. Relocated town hall and police dept. to the charter bus lot; a demolition and rebuild of Dobson with a practice ice rink and expanded event uses; mixed-use on south Niire Town Council Meeting Minutes of June 18,2019 Page 4 side of parking garage; second story addition to library; conference hotel on municipal site. The cost estimate for concept 2 was $167M • Concept 3: At the Charter Bus Let offered a civic conference center below grade, performing arts/community space and parking on north side of Charter Bus Lot; mixed use at south side of garage; horizontal renovation of Dobson, second story library addition; rebuild existing muni building with housing on west side with private development. The cost estimate for concept 3 was $158M. • Concept 4: A conference hotel and parking on charter bus lot; mixed use on south side of parking garage; second story library addition; rebuild Dobson ice and expanded event uses; relocate S. Frontage Rd. with new muni building and new development on muni bldg. site. The estimated cost estimate was $127M The consultant team provided council with an overview of possible finance mechanisms that could assist with paying for the civic area plan. Some of the funding mechanism included land lease revenues, dedicated sales tax, dedicated lodging tax, use of town reserves, etc. Council discussed the different concepts and costs associated with each. Council liked the idea of moving the S. Frontage Rd. but felt it was too costly. Council was supportive of connectivity and outdoor spaces and felt it was critical and good use of lot 10 near the hospital area, but not to create another village core. Council was interested in getting more information regarding programming for the library expansion. Council requested more information about the Lionshead Structure "Wrap" and Dobson/2nd sheet of ice such as programming. When asked about library expansion, Coggin said the Council would need to better understanding the programming that would occur there. When asked about the parking structure wrap, Coggin believed it would limit ability to redevelop parking structure in the future. Moffet was concerned about the ability to absorb more retail space. Public Comment was called. Margaret Rogers, Vail resident, did not think the Town should build and run a conference center especially since the voters were against it. Need a multi use recreation center. Bob Armour, Vail resident, cautioned against using fund balance or reserves to help pay for the uses. He suggested placing pickle-ball courts on top of the library. Andy Daly, Vail resident, suggested more dialogue was needed regarding the Lionshead parking structure. Should another deck be added? Says moving ice rink to Ford Park might be an interesting concept. He thinks a wrap on LH parking structure would add vitality. Daly also commented on the concepts associated with muni building site and cautioned about the difficulties that could be associated with a new conference hotel. Public comment was closed. Council thanked everyone for their comments. 4.2. Presentation of the 2019 Vail Community Housing Survey Results Presenter(s): George Ruther, Housing Director, David Flaherty, Magellan Strategies, David Cunningham, Summit Information Services Action Requested of Council: Listen to the presentation and schedule a future discussion of possible next steps Background: The Vail Local Housing Authority, acting in partnership with the Vail Town Council, contracted the consulting services of Summit Information Systems and Magellan Strategies to conduct a Vail Community Housing Survey. The purpose of the survey was two-fold: 1) to Town Council Meeting Minutes of June 18,2019 Page 5 measure and understand the general opinions of the Vail community regarding the availability of housing and awareness of ongoing town policies and programs to address the housing need, and 2) to measure general support for a potential tax initiative to establish a permanent and consistent funding source for town-sponsored housing programs. Staff Recommendation: Please refer to the memorandum dated June 18, 2019 for the recommendation from town staff. George Ruther, Housing Director and David Flaherty, Magellan Strategies, reviewed the Vail Local Housing Authority Community Survey with council. The survey was conducted May 22 through June 22 to measure general opinions of registered voters in Vail regarding housing and to measure support for a potential tax initiative to establish a permanent and consistent funding source for town-sponsored housing programs. The survey's key findings: ✓ 51% think lack of available and affordable homes in Vail is a big problem and 32% say it is somewhat of a problem. ✓ 75% agree and 45% strongly agree that local governments like Vail should make reasonable efforts to maintain and increase supply of resident-occupied, deed-restricted homes for residents. ✓ 52% approve of the actions Vail is taking to provide and secure available homes for residents and 36% disapprove of them. ✓ Only 28% said they would support an unspecified tax and 51% would not be willing to support. There was little voter support for a possible sales or property tax increase to fund the town's mission of maintaining and increasing supply of resident-occupied deed restricted homes. While Flaherty did not recommend moving forward with a ballot issue in November, there's a lot to learn from the survey results. Many voters blame the growth and adoption of short-term rentals for lack of housing for full-time residents. Many voters also think Vail employers both big and small need to pay their employees more so they can afford housing. Some voters had an unfavorable opinion of deed-restricted housing because they thought deed-restricted homes lowered the property value of non-deed restricted homes within the same area. Council thanked staff and the consultant for the information. 5. Action Items 5.1. Resolution No. 28, Series of 2019 a Resolution Authorizing the Purchase of Homestake Unit B212, 1081 Vail View Drive, Vail, Colorado. Presenter(s): George Ruther, Housing Director Action Requested of Council: Approved, Approve with Modifications, or Deny Resolution No. 28, Series of 2019 Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the third largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including "buying down" homes for purchase by Town of Vail employees. Staff Recommendation: The Vail Town staff recommends the Vail Town Council approves Resolution No. 28, Series of 2019, as presented. Town Council Meeting Minutes of June 18,2019 Page 6 Moffet made a motion to approve Resolution No. 28, Series of 2019; Coggin seconded the motion passed (7-0). 6. Adjournment There being no further business to come before the council, Moffet moved to adjourn the meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 9:45p.m. 4011 CRespectfully ub itted, Attest: , Chapi , Mayor 11% NZ / 0 O. AM> a'el To Clerk 4ORA--c L L Town Council Meeting Minutes of June 18,2019 Page 7