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