HomeMy WebLinkAbout2018-02-20 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, February 20, 2018
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tern
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Dick Cleveland, resident and representative on the CDOT project team who is evaluating
auxiliary lanes on the west side of Vail Pass, invited the community to attend an upcoming open
house sponsored by CDOT. It serves as an opportunity to give input on the future planning
proposal for 1-70. Foley responded with an inquiry about the noise wall topic, hoping it might
come up with this planning process as well.
Paul Rondeau, resident, presented his ideas about sample signage for the trails and
recreational paths which would help address safety on these heavily used paths. He offered a
suggestion that the town purchase bicycle bells for the local and guest bicycle riders as a way to
help improve safety on the trails.
2. Consent Agenda
2.1. Award of construction contract to Hess Contracting Inc. for access improvements to Roger
Staub Park
2.2. Town of Vail Letter of Support for Senator Donovan on SB 18-117 related to the State's
Greenhouse Gas Inventory
2.3. Resolution No. 9, Series of 2018, A Resolution Approving the First Amendment to Lease
Agreement Between the Town of Vail and the Eagle County School District; Setting Forth
Details in Regard Thereto.
There was a brief discussion about access points to the Roger Staub park as being limited and
the work would help alleviate their issues. Moffet moved to approve the consent agenda; Bruno
seconded the motion and it passed (7-0).
Town Council Meeting Minutes of February 20, 2018 Page 1
3. Town Manager Report
3.1. Town Manager Report
Clifton presented several highlights: subcommittee meeting with Vail Recreation District and the
annual meeting with Vail Health officials.
4. Presentations / Discussion
4.1. Final Review of 2018 Community Survey
Presenter(s): Suzanne Silverthorn, Communications Director, Chris, Cares, RRC Associates
Action Requested of Council: The Town Council is asked to provide final direction regarding the
2018 community survey to include questions, schedule and methodology.
Background: The Town of Vail community survey has been used to probe public policy issues
and solicit feedback on additional topics of community interest. It has also been used to
measure the town's operational performance as compared with previous years. The most recent
surveys were conducted in 2014 and 2016. A 2018 survey has been budgeted to coincide with
the new Town Council term and to benchmark municipal service levels. The purpose of this
discussion is to receive final direction from the Town Council related to the survey details,
including a schedule, methodology and topics.
Chris Cares, RRC, and Suzanne Silverthorn, Communications Director, presented the 2018
community survey, used to probe and solicit feedback about community topics. The agenda
item was a follow-up to their presentation and discussion at the last town council meeting. A
number of edits to the survey were made related to questions about transit, community issues &
opportunities, planning related programs, and financial prioritizing, to name a few. Cares is
reviewing changes to each of these questions. There was a suggestion to include a question
about "use of regional transit services" offered by ECO; the idea was offered because of an
earlier afternoon meeting with the Eagle County Commissioners and an update about the
Transit Development Plan survey and recommendations. After further discussion about
questions numbered 27, 28, 30, 33, there was support to revise based on the suggestion and
finalize the survey. It was noted postcards would be mailed out the week of March 5 and a
presentation about the survey results would be reported to the community in June.
The Town Council took a brief break to watch Lindsey Vonn's downhill race completion and the
meeting reconvened around 7:15 pm.
4.2. Vail Valley Foundation Presentation and Funding Request for Proposed Gerald R.
Ford Amphitheater Improvement (Digital Screen)
Presenter(s): Mike Imhof, Vail Valley Foundation
Action Requested of Council: Feedback on funding proposal.
Background: Vail Valley Foundation proposes a digital screen installation at the Gerald R. Ford
Amphitheater with a request from the Town of Vail for funding support of the capital
improvement.
Town Council Meeting Minutes of February 20, 2018 Page 2
Mason recused herself at this time due to a conflict of interest with the topic. Chapin introduced
Item 4.2 and turned it over to Mike Imhof, Executive Director for Vail Valley Foundation, who
addressed their proposal for capital improvement at the Gerald R. Ford Amphitheater, with a
request for funding support. He noted the project involves the installation of a high resolution
LED digital screen at the Gerald R. Ford Amphitheater; the project has been on the planning
table with VVF for some time. There was a successful test run of the infrastructure at a
performance last summer (2017). He noted a tight timeline and the order for the screen was
scheduled to occur at the end of this month, with the installation scheduled for May of this year.
The Foundation requested town support for the project in the amount of $185K of funding. The
total cost was estimated to be about $443K, details below:
;r DIGITAL SCREEN
UPDATE
PROJECT TIMELINE:
✓ January 2018 - Vendor Selection and Contract
Approval Process Begins
February 28, 2018 - LED Ordered From China
✓ May 1, 2018 - Installation Begins
CAPITAL EXPENSE:
$443.000
✓ $60,000 CONTINGENCY
TOWN OF VAIL FUNDING REQUEST:
✓ One time capital support of $185,000
Advantages with the capital improvement included the following:
• ❑ Substantial venue enhancement and improved lawn experience
• ❑ Allows for expanded, dynamic programming
• ❑ Live streaming our venue and Vail to global audience
• ❑ Increased attendance
■ ❑ Recognition of our generous donors and partners
Several comments were made as follows:
✓ how does the lease handle such capital improvements? There was a request to review the
lease prior to making a final determination about the funding.
✓ There are cycles to make TOV funding requests, annually (September submittal) or mid -
cycle process (May submittal)
✓ The project benefits both the guests and local community
It was noted the topic would be scheduled again for March 6.
4.3. USFS and Town of Vail Partnership Programs, including 1) Noxious Weeds
Management program, 2) Intermountain Fuel Reduction program, 3) Trails and Wildlife
Presenter(s): Aaron Mayville, USFS, Gregg Barrie, Public Works
Action Requested of Council: Provide feedback on programs and input on funding the weed
management program.
'Gown Council Meeting Minutes of February 20, 2018 Page 3
Background: There will be information and updates presented about the 1) Noxious Weeds
Management program, 2) Intermountain Fuel Reduction program, 3) Trails and Wildlife. The
USFS Holy Cross District Ranger will be present to review and answer questions about these
topics.
Mason returned to the council chambers at this time. Greg Barrie, Public Works, summarized
the weed management activity over the past two summers, with both the Town of Vail and the
U.S. Forest Service (USFS) who entered into a partnership to control the spread of noxious
weeds along the town boundary on USFS land. That partnership resulted in the treatment of
approximately 350 acres of native hillside, and a significant reduction in the noxious weed
infestations along the northern Town of Vail/USFS property boundary. Staff requested the
opportunity to continue this program in 2018, see memo for cost details.
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Council expressed appreciation for the partnership with the USFS for the different programs and
requested staff permanently includes the weed funding in the annual program budget as well as
include the $15K in the next supplemental budget for 2018. There were updates about the
Intermountain Fuels Reduction Program and trails and wildlife management made by Mayville.
Further comments included:
✓ Thanks to Novak and USFS for the fuels reduction efforts
✓ Thanks for the wildlife symposium
✓ Request for more education, a public communication campaign about "trail closures" and
more enforcement for compliance
✓ An update about the role of the "Adopt a trail Ambassador Program" related to education for
the public
Town Council Meeting Minutes of February 20, 2018 Page 4
✓ Update about actions addressing the Booth falls Trail which includes the collection of data
through a registration and fee implementation process; the outcome will be the management
plan for the trail and the steps look very similar to that invoked on Hanging Lake trailhead
4.4. Energy Management System Update
Presenter(s): Mark Hoblitzell, Environmental Sustainability Coordinator Action Requested of
Council: Staff requests the Vail Town Council consider the service levels of the proposed
energy management software system.
Background: With the goal of implementing an efficient energy tracking and emissions reporting
system for Town of Vail municipal operations, staff released a Request for Proposals for a
qualified firm to provide software services.
Staff Recommendation: Service Level 1 provides for the in -budget option. However, staff
recommends the Vail Town Council consider Service Level 2, which includes real-time data,
scalability with the town's finance system, and advanced greenhouse gas emissions reporting
compatible with third parry platforms.
Hoblitzell presented the information including the system service levels and the cost savings as
follows:
EMS System Service Leve s
Service Level )
Service Level 2
Service Level 3
$10-12 000 annual y
$20-30.000 annually
S 100,000+ annual y
lin-budoet option)
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Total cost savings can be achieved by EMS systems and the expected savings amounts can
vary. A study by Lawrence Berkeley National Lab found that EMS systems can achieve up to an
8% savings across all energy accounts or up to a 17% savings on a specific site.1
The staff recommendation was for service level 2 with a budget of $34K, an additional $22K
partly related to the annual subscription fees. The council supported the recommendation.
5. Action Items
5.1. Slifer Square Project Update and Contract
Presenter(s): Chad Salli, Project Engineer, Public Works
Town Council Meeting Minutes of February 20, 2018 Page 5
Action Requested of Council: Authorizing the Town Manage to enter into an agreement in a
form approved by the Town Attorney in an amount not to exceed $3,027,583.14 with Icon Inc.
for completion of the Slifer Square Project.
Background: Staff has identified 4 significant maintenance issues concerning Slifer Square, as
follows, 1) Damaged storm sewer, 2) Storm water being discharged into Gore Creek without
treatment, 3) Water leaking from the fountain, and 4) Corroded steel snowmelt mains. In
addition to the repairs necessary at Slifer Square, the portion of Meadow Drive along the Austria
Haus is proposed to be reconstructed, see memo for details.
Salli presented the topic with a review of what transpired since last year. He noted staff has
identified 4 significant maintenance issues concerning Slifer Square. These included the
following.
1. Damaged storm sewer
2. Storm water being discharged into Gore Creek without treatment,
3. Water leaking from the fountain, and
4. Corroded steel snowmelt mains.
In addition to the repairs necessary at Slifer Square, the portion of Meadow Drive along the
Austria Haus is proposed to be reconstructed with snowmelt tubing in a concrete sub -slab with
pavers set on top, same construction detail that was completed on Meadow Drive along the
Sonnenalp in 2012. This is due to the bus loading and frequency of the In -Town route on the
pavers which currently sit on top of the snowmelt tubing in a sand bed and the weight of the
busses eventually causes rutting in the pavers and leaks in the snowmelt tubing. The following
bid and budget information was reviewed:
`iaff recelvvJ 1 b d for tre 31 `er Cquare Peoa - P :con In:
2 as.e 6 d S2,c? _,96.8.16
2 a 1 t-31=er Square Fouria n Si,207.932.69
2,* At -Meadow Or a ang the Austria Ha:s S418.61
240.+--Meadow Or rrrs lanes concrete repfarxment wth pavers. S*148,029,e6
Psa At -Ad acent Heated Paver'stairs r_ ace -anent- $127.621!_3
Poa Ai -Secondary Plater 0ua'ty au t: S335,`68.S3
The Caoita Project budget 'nc:.i_s
S 1,42: 000 201for design and construction of Sff_r 3cpare
5800 =00 rr 201- for the. -construvion of M_acow D.7ve along tr_ AusMa Haus
• ?a _h 000 201 for construct a o` S fer Square
55 3-= 00- D Tota
-Dot for nravina fcrv.a°J incGude-
1. A.vra•i c-e till contract Wth althe bid mrierraies as br, ara supplement tRe
cudget to cover the budget shortage, S-'00,000
^- A.vra-o me vase bid and any of ti•._ bao altemat_s and surC4_-ieri the budget to
cover the budget shortage as needed
3 .�.cvara tree ease b:d and Meac-kivr Drive a Ong the Austria Na..s for S3 027,583 '4
wtr r supplemental rev- T_darv.furtner-vest;aierevo'Itt�gtreexisting
nark -3 structJre a-a'nage vault to imrnve Ovate- qual ryj See beiowl
Salli suggested moving forward with option #3 as follows:
✓ Award the base bid and Meadow Drive along the Austria Haus for $3,027,583.14 with no
supplemental required and further investigate retrofitting the existing parking structure
drainage vault to improve water quality.
Town Council Meeting Minutes of February 20, 2018 Page 6
Foley moved authorizing the Town Manage to enter into an agreement in a form approved by
the Town Attorney awarding the base bid and Meadow Drive along the Austria Haus alternate in
an amount not to exceed $3,027,583.14 with Icon Inc. and further investigate retrofitting the
existing parking structure drainage vault to improve water quality. Langmaid seconded the
motion and it passed (7-0). No public input was heard.
5.2. Ordinance 5, Series 2018, First Reading, Ordinance amending Chapter 4 of Title 7
of the Vail Town Code regarding Electronic Personal Assistive Mobility Devices and
Electric Assisted Bicycles
Presenter(s): Gregg Barrie, Sr. Landscape Architect
Action Requested of Council: Adopt, or adopt with revisions, Ordinance 5, Series 2018
amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal Assistive
Mobility Devices and Electric Assisted Bicycles.
Background: The ordinance addresses regulations about the electronic personal assistive
mobility devices and electric assisted bicycles. The topic has been discussed at previous
council meetings and the Town Code would be amended if the legislation is approved.
Staff Recommendation: Staff recommends adoption, or adoption with revisions, of Ordinance 5,
Series 2018 amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal
Assistive Mobility Devices and Electric Assisted Bicycles.
Chapin asked for public input after Gregg Barrie presented an overview of the legislation. Seth
Valentine, the local vendor requested the following:
■ Requested that bells would not be required on the segways that are traveling in a group
■ Requested that the age be lowered below 16 years
There were comments that supported lowering the age to 12 and requiring only the tour guide to
use the audible device. Coggin moved to approve Ordinance 5, Series 2018, First Reading,
Ordinance amending Chapter 4 of Title 7 of the Vail Town Code regarding Electronic Personal
Assistive Mobility Devices and Electric Assisted Bicycles, with an age limit of 12 and the tour
guide only must have an audible device. Moffet seconded the motion and it passed (7-0). No
further public comments were heard. Chapin noted that he would prefer to restrict the areas of
use, but would just request the vendor be very conscientious about where they are touring
groups. It was requested to review the program at the end of the summer. Bruno thanked the
vendor for their input and offering this mode of transportation.
6. Public Hearings
6.1. Ordinance No. 2, Series of 2018, Second Reading, An Ordinance Amending
Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a New
Section 1-9-10, Concerning the Sealing and Expungment of Criminal Records
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 2,
Series of 2018, upon second reading.
Town Council Meeting Minutes of February 20, 2018 Page 7
Background: Senate Bill 16-116 provided a simplified process for sealing criminal justice
records by providing defendants an option to immediately petition the court for a sealing order
and providing for an administrative fee for sealing such records. Pursuant to C.R.S.§ 18-13-
122(13), a municipal court may seal criminal records concerning illegal possession or
consumption of ethyl alcohol or marijuana by an under -aged person. Ordinance No. 2, Series
2018 provides a procedure to seal or expunge certain criminal records in accordance with such
legislation.
Staff Recommendation: Approve Ordinance No. 2, Series of 2018, upon second reading.
Moffet moved to approve Ordinance No. 2, Series of 2018, Second Reading, An Ordinance
Amending Chapter 9 of Title 1 of the Vail Town Code by Amending Section 1-9-8 and Adding a
New Section 1-9-10, Concerning the Sealing and Expungment of Criminal Records; Bruno
seconded the motion and it passed (7-0). There was no public comment.
6.2. Ordinance No. 3, Series of 2018, Second Reading, An Ordinance Amending Title 7,
Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section 4 Regarding
Driving Under Restraint
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 3,
Series of 2018 upon second reading.
Background: The Colorado legislature passed House Bill 17-1162, effective August 9, 2017,
concerning action that can be taken against an individual based on the individual's failure to pay
for a traffic violation. Ordinance No. 3, Series 2018 would adopt certain provisions of House Bill
17-1162 authorizing municipal enforcement of driving under restraint or suspension.
Staff Recommendation: Approve Ordinance No. 3, Series of 2018 upon February 20, 2018 -
second reading.
Moffet moved to approve Ordinance No. 3, Series of 2018, Second Reading, An Ordinance
Amending Title 7, Chapter 2, Article B of the Vail Town Code, by the Addition of a New Section
4 Regarding Driving Under Restraint; Bruno seconded the motion and it passed
(7-0). There was no public input.
6.3. Ordinance No. 4, Series of 2018, Second Reading, An Ordinance Amending Title
10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4, Concerning
the Cultivation of Marijuana on Residential Property
Presenter(s): Craig Bettis, Commander, and Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 4,
Series of 2018 upon second reading.
Background: Under Article XVIII, Section 16 of the Colorado Constitution, cultivation of both
medical and recreational marijuana is generally limited to 6 plants, with 3 or fewer being mature.
As a result of new legislation, without local regulation, the 6-plant limitation could be increased
to 12 plants. Ordinance No. 4, Series 2018 adopts local regulations to restrict the number of
Town Council Meeting Minutes of February 20, 2018 Page 8
marijuana plants that may be cultivated on residential property to 6, and further adopts
regulations to limit the impacts of such cultivation on surrounding areas.
Staff Recommendation: Approve Ordinance No. 4, Series of 2018 upon second reading.
Moffet moved to approve Ordinance No. 4, Series of 2018, Second Reading, An Ordinance
Amending Title 10 of the Town of Vail Municipal Code by the Addition of a New Chapter 4,
Concerning the Cultivation of Marijuana on Residential Property; Bruno seconded the motion
and it passed (7-0). There were no public comments.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned
at 9 p.m.
Attest:
1n n
Patty cl<e y, Town r
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'Gown Council Meeting Minutes of February 20, 2018 Page 9