HomeMy WebLinkAbout2017 Vail Town Council MinutesVail Town Council Meeting Minutes
Tuesday, January 3, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Deputy Town Clerk
1. Citizen Participation
Resident from Chamonix Chalets, Cindy, expressed concerns about extended stays of RVs and
vehicles at the parking area for the north trail. She asked for some observation in that area so
that long term parking does not occur. She also noted that littering has become a problem in
that area as well.
Greg Bemis, resident, expressed concerns about the plowing of the sidewalks around Vail
Commons and emergency access that was not blocked for public use. He also complemented
the town on the picnic structure at Donovan Park.
2. Consent Agenda
2.1. Minutes from December 6, 2016 meeting 5 min.
Moffet moved to approve the December 6, 2016 minutes; Foley seconded the motion and it
passed (7-0).
2.2. Resolution No. 1, Series of 2017, A Resolution Approving an Amendment to
Intergovernmental Agreement Between The Town Of Vail And The Colorado Department Of
Transportation Regarding 1-70 MP 180-182 - Vail Water Quality— Town Of Vail; and Setting
Forth Details in Regard Thereto Background: The Town and CDOT wish to enter into an
Intergovernmental Agreement (the "IGA") authorizing the construction of water quality
improvements at 1-70 Exit 180 and two locations at 1-70 MP 182. The Town has received
$700,000 from Transportation Alternatives Program funding grant for the construction of the
project.
Moffet moved to approve Resolution No. 1, Series of 2017; Bruno seconded the motion and it
passed (7-0).
3. Town Manager Report
3.1. Retreat for Town Council (Set Date): There was consensus to hold a council retreat on
Wednesday February 22.
Town Council Meeting Minutes of January 3, 2017 Page 1
4. Action Items
4.1. Recommendation for the lottery selection process for the future development of the
Chamonix Neighborhood at West Vail.
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Does the Vail Town Council support the recommendation for the
lottery selection process? If not, what specific changes to the lottery selection process are
required?
Background: Demand for purchasing a new home in the Chamonix Neighborhood at West Vail
development is high. Presently, hundreds of people have expressed an interest in the 32 new
homes slated for development. With current demand exceeding the available supply, it is
recommended that the Town of Vail conduct a lottery process for selecting the future buyers of
the new homes at the Chamonix Neighborhood.
Ruther summarized number business points presented in the packet memo as follows:
Given the stated objective, it is recommended that the selection process not include weighted
preference towards place or longevity of residency or place or longevity of employment. Instead,
a true lottery selection process whereby each qualifying home buyer shares an equal chance of
being drawn is recommended. A true lottery selection process:
• is the most equitable means of selecting future home owners
• helps to achieve the Town's objective
• minimizes the Town's risk
• increases opportunity for participation
• avoids the perception of social engineering
• demonstrates an evolution of improvement to other lottery processes
To that end, it is recommended that the lottery selection process include the following
requirements for participation and is conducted using the following procedures:
✓ Completion of a Chamonix Neighborhood Home Buyer Qualifying Application. The
Application shall include:
• Demonstrated ability to comply with the terms of the deed restriction if drawn for
• home purchase.
• Demonstrated ability to secure financing for the home(s) desired.
• Signed acknowledgement of acceptance of the terms of the Chamonix Neighborhood
Pre -sale Agreement and Purchase/Sale Agreement.
• Demonstrated participation and successful completion of a Town of Vail or Valley Home
Store sponsored Homebuyer Education Class within the previous 6 months.
• The unit number(s) (i.e.1-32) of the home(s) interested in purchasing.
✓ One chance in the lottery selection process per Qualifying Application.
Ruther spoke about a "mock lottery" process that helped them iron out some of the challenges
and noted the marketing and reservation web portals would launch in the near future. Council
input included some of the following:
• Preference that people who want to be part of the lottery do not own other property
• Preference that the guidelines address working less than 30 hours per week due to disability
would occur after purchasing a unit
Town Council Meeting Minutes of January 3, 2017 Page 2
• Preference that the system does not include any "weighted system" and concerns that the
suggested lottery it is weighted towards those who have approvals for higher purchasing
ability
Chapin invited public input at this time.
• Bobby L'Heureux, Minturn resident, expressed concerns about the pricing of the units; he
was hopeful to qualify but with the current proposed price points he would not qualify.
• Wendy Erb, resident, expressed concerns with the suggested lottery system and preferred
names be put into a hat first and then once chosen the person would have the opportunity to
select the unit type.
• Chris Fitzgerald, resident, expressed concerns about giving someone too many chances to
get a unit; he suggests the process described is one that is weighted to those who are in a
higher financial bracket.
• Kim Fuller, Minturn resident, asked that they reconsidered who they would like to live in Vail;
she was hopeful to qualify for the units, but would likely have challenges at the current
pricing.
There were council concerns about the suggested lottery process as it related to conducting
lotteries for each unit type which would favor those who were qualified to purchase at the
highest price. There was support to "level the playing field" with the process; it was suggested
to include only one primary lottery drawing and eliminate the drawings for each unit type.
Chapin reminded the public the final decision about the lottery process would only apply to the
upcoming Chamonix project. Ruther agreed to review the suggestion with the VLHA, the group
who had made the original recommendation for the lottery process. He also noted he would
conduct a "mock lottery" to test their preferred lottery process.
4.2. Selection of Executive Search Firm for Town Manager Recruitment
Presenter(s): Krista Miller, Human Resource Director
Action Requested of Council: Select an Executive Search Firm and direct the Town Manager to
sign and enter into an agreement with the Executive Search Firm in a form approved by the
Town Attorney.
Background: Town Council interviewed four firms during the afternoon meeting at The Grand
View with the Town Council.
Moffet moved to direct the Town Manager to enter into a contract for executive search services
with Strategic Government Resources. Langmaid seconded the motion and it passed (7-0).
Langmaid seconded. There was reference made to engage the Vail community in the search
process.
5. Public Hearings
5.1. Ordinance No. 35, Series of 2016, First Reading, An Ordinance establishing Special
Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9(A), Special
Development Districts, Vail Town Code, to allow for the development of a limited service lodge
and deed restricted employee housing units and a conditional use permit for public or
commercial parking facilities or structures, located at 1783 North Frontage Road West/Lots 9-
12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030)
Town Council Meeting Minutes of January 3, 2017 Page 3
Presenter(s): George Ruther, Director of Community Development and Matt Panfil, Town
Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 35, Series of 2016, upon first reading.
Background: The purpose of the proposed Special Development District (SDD), is to facilitate
the redevelopment of the former Roost Lodge site with a 170 unit Marriott Residence Inn limited
service lodge (LSLU), 107 Type III deed -restricted employee housing units (EHUs), six (6)
unrestricted rental dwelling units, and a commercial parking facility, located at 1783 North
Frontage Road West.
Staff Recommendation: The Town of Vail Planning and Environmental Commission
recommends that the Vail Town Council approves, with conditions, Ordinance No. 35, Series of
2016 on first reading, to allow for the establishment of Special Development District No. 41,
Marriott Residence Inn, and set the date of the second reading of this ordinance for
Chapin opened the public hearing at this time. Staff Planner Matt Panfil presented the topic
noting this agenda item would be a continuation of the last meeting's hearing. He distributed
public comment letters and a letter from MPG dated 12/31/16 to the council members. The
project timeline was reviewed and he addressed several questions related to 1) the clarification
on length of leases, 2) updates on shuttle services, 3) how will the parking be assigned. There
was a brief summary about the order of those presenting made by the Town Attorney. Chapin
then asked for public input. Community members spoke as follows:
• Randall Guerriero, Meadow Road resident, expressed concerns about the bulk, size and
mass of the project, too big. He asked why Vail Resorts and other larger employers would
not be part of the employee housing resolutions. He expressed concerns about several
topics:
✓ The number of units proposed for housing and the impacts of the additional people on
the neighborhoods
✓ how the deed restricted units would be monitored the leasing of the units, etc.
✓ how would parking in the neighborhood be monitored and managed
✓ the traffic impacts and ability of the turn lanes to mitigate the impacts
✓ He asked council members to reconsider allowing the size of the project.
• Brooks Bock, representing Grand Traverse Homeowners Assn, noted their association has
considered the project and would request the following: 1) do not grant any height variance,
and 2) request the developer create a landscape buffer between the Grand Traverse
property and the Marriott property.
■ Deena DiCorpo, resident, asked why does the neighborhood need to absorb so much of the
affordable housing? She expressed concerns that the park is already overburdened and the
project is just too big for the neighborhood. She asked them to be smart & take care of the
residents.
■ Greg Bemis, Meadow Ridge Road, expressed concern about the size of the project noting it
does not add to Vail's character, the project is too large for this property and there should be
some setback from the road.
• Rob LeVine, former GM of the Antlers, expressed empathy for the neighborhood and
support for the project because of the affordable housing component and the need for this
kind of lodging in Vail. If built, it could help solve some problems for employees and guests.
Town Council Meeting Minutes of January 3, 2017 Page 4
• Sherry Dorward, resident and local landscape architect, expressed concerns about density,
mass, bulk, height, and how it faces the frontage road. She requested there is a better
design and site plan placement of the buildings, more integrity to the architecture, requested
further review of the financial viability of the project further study of the traffic impacts with a
plan to mitigate such impacts.
• Dave Coltrain, resident, expressed support for the project for the employee housing units.
• Pete Feistmann, resident, expressed that full financial disclosure be revealed by the project
developers. He was concerned about the risk of failure of such a project and how the deed
restricted units would be protected in light of failure. He requested there be a detailed
review of the pro forma and financials on the project.
• Wendy Erb, Meadow Ridge Road, expressed concerns about the following:
• should be an evaluation about "locations" for employee housing
• the project is too large, too much mass, bulk, and height
• the calculation of GRFA of the employee units as part of the total square footage
• below grade construction for parking
• size of the retaining walls and slope failures
■ the financial backing of the project and the risk for the project to succeed
• environmental impacts, i.e. noise, pollution, light
■ submitted two photos of the Roost Lodge showing height
• requested the developer speak about the project and his background
• Chris Burns, resident, expressed concerns about the lack of communication about the
project, noting notifications were not sent to the neighborhood. He was concerned about
how the units would be affordable and if the town were really getting benefits from the
project.
• Chris Romer, Vail Valley Partnership, expressed support for the project and the housing
units; a project that would help solve lodging and housing. He noted the many approved
SDDs in Vail that have been successful in providing benefits to the community.
■ James Wilkins, resident and member of the Vail Local Housing Authority, expressed the
need for the project, his concern about the neighborhood becoming more second
homeowners. He spoke in support of master zoning and planning the neighborhood and
noted there would be a need for redevelopment that would likely include higher density;
higher heights and better use of the existing land in Vail. He asked that everyone consider
the longer view of the community.
• Steve Lindstrom, west vail resident and chairman of the Vail Local Housing Authority,
expressed support of the project and noted lack of housing at a critical state. This project
would help solve this for the community.
The public comment as part of the hearing was closed. The applicant, Peter Dumont, President
of Harp Group, and Dominic Mauriello, Mauriello Planning Group, presented at this time. They
addressed topics as follows:
✓ Their willingness to show the financial backing of the project
✓ The background of the investor and developer Mr. Dumont
✓ Additional information about the requested variances, setbacks and height
✓ A review of the design criteria
✓ The timeline of the project and related approvals
Council comments were heard at this time.
✓ Requested clarification of the units, market vs. deed restricted
✓ Would there be requests from the developer for funding of the project; Mauriello responded
there would be no request for funding for the project
Town Council Meeting Minutes of January 3, 2017 Page 5
✓ The size of the retaining walls were questioned
✓ Concern about access to the property and the traffic patterns
✓ Concerned about how to protect the deed restrictions
✓ Employee housing should serve employees only working in Vail
✓ Parking impacts should be evaluated
✓ The project meets community goals of housing
After further discussion a motion was made by Moffet who moved to approve on first reading
Ordinance No. 35, Series of 2016, First Reading, An Ordinance establishing Special
Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9(A), Special
Development Districts, Vail Town Code, to allow for the development of a limited service lodge
and deed restricted employee housing units and a conditional use permit for public or
commercial parking facilities or structures, located at 1783 North Frontage Road West/Lots 9-
12, Buffehr Creek Resubdivision, and setting forth details in regard thereto, citing the conditions
and findings as recommended by the PEC, outlined below:
The ten (10) conditions as follows:
1. Approval of Special Development District No. 41, Marriott Residence Inn, is contingent upon the
applicant obtaining Town of Vail approval of an associated design review application;
2. The applicant shall obtain Leadership in Energy and Environmental Design (LEED) certification for the
structure within one (1) year of issuance of the first Certificate of Occupancy. Failure to obtain the
certification within the identified time -frame will necessitate a return to the Planning and Environmental
Commission and/or Town Council for an evaluation of a suitable, replacement public benefit;
3. Prior to submitting any building permit application, the applicant shall identify the six (6) unrestricted,
rental dwelling units and provide documentation that the units shall have the right -of -use to the lodge's
service and facilities under the same rules and regulations as the lodge guests.;
4. Prior to submitting any building permit application, the applicant shall submit revised plans relocating
the proposed retaining walls at least two feet (2') from adjacent property lines;
5. Should the Colorado Department of Transportation (CDOT) not approve the proposed landscaping in
the North Frontage Road right-of-way, the applicant shall submit a revised landscape plan, for review and
approval, prior to submitting any building permit application, subject to Design Review;
6. Prior to submitting any building permit application, the applicant shall submit revised plans that clearly
illustrate signage and striping of the fire staging area;
7. Prior to submitting any building permit application, the applicant shall submit revised plans that
illustrate the continuation of the proposed sidewalk to the intersection with Buffehr Creek Road
8. Prior to submitting any building permit application, the applicant shall submit approval from CDOT
related to all proposed work within the CDOT right -of way;
9. The applicant shall mitigate system wide pedestrian and traffic impacts through the payment of a
Transportation Impact Fee that shall not be offset by the project level improvements. This payment shall
be made prior to requesting any Certificate of Occupancy for the project. The fee shall be determined
through the ongoing update and codification to the Impact Fee as approved by the Town Council. In the
event that the updated fee is not adopted by the Town Council prior to July 1, 2017, the applicant shall
provide a payment, prior to requesting any Certificate of Occupancy, based upon net new PM Peak Hour
vehicle trips generated by the development. The amount per trip shall be assessed at the established rate
as of July 1, 2017; and
10. Prior to submitting any building permit application, the applicant shall provide roadway and snow
storage easements for the portion of Meadow Ridge Road that encroaches onto the subject property in a
format acceptable to the Town's Attorney.
The findings as follows:
1. The SDD complies with the standards listed in Section VIII of this memorandum, or the applicant has
demonstrated that one or more of the standards is not applicable;
2. The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and compatible with the development objectives of the town;
Town Council Meeting Minutes of January 3, 2017 Page 6
3. The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas;
and
4. The SDD promotes the health, safety, morals, and general welfare of the town and promotes the
coordinated and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community of the highest
quality."
Bruno seconded the motion and it failed (4-3; Cleveland, Foley, Langmaid, Mason — opposed;
Bruno, Chapin, Moffet — supported).
Additional council comments included the following:
✓ The project does meet some community goals with the housing and accommodations (mid
range pricing)
✓ There are existing property rights on the parcel for hotel development
✓ The project is too big
✓ They know it is important project that would help to solve housing crisis
✓ Great public input
✓ It may not meet all the design criteria outlined
✓ The community was commended for participating with input
✓ The criteria must be met
There was council consensus to request another iteration of the project be presented that would
address a reduction in size, both mass and height, of the project. Mauriello noted a 25 %
reduction would not occur.
Moffet moved to table the Ordinance No. 35 to the second meeting in February; Bruno
seconded the motion. Moffet amended his motion to table the ordinance to the January 17
council meeting; Bruno seconded the motion and it passed (4-3; Bruno, Chapin, Cleveland,
Moffet — yes; Foley, Langmaid, Mason — opposed).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at
9:45 p.m.
Attest:
ectf ly bmit -d,
Town Council Meeting Minutes of January 3, 2017 Page 7
Vail Town Council Meeting Minutes
Tuesday, February 7, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Members absent Greg Moffet
Staff members present:
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Chris Fitzgerald, resident, thanked the town for providing excellent services related to transit
and snow plowing and removal. He also suggested some improvements to circulation in the
roundabouts and requested a review of the bus stop location at Safeway / City Market area;
he noted the congestion between the vehicle traffic and pedestrians and wondered if it could
be improved.
Michael Cacioppo, business owner, spoke about some follow-up questions to the council's
earlier discussion about transportation impact fees.
Paul Rondeau, resident, offered some ideas about the Marriott proposal and the
configuration on the site. It was suggested he speak directly with the developer.
Wendy Erb, resident, offered some comments about "who" would really qualify for the
housing opportunities that would exist with the Marriott or Chamonix, does a teacher qualify
since they work only part of a year? She also asked why the two largest employers wouldn't
also be part of the discussion and housing solutions.
2. Consent Agenda
2.1. Minutes from January 17, 2017 meeting
Foley moved to approve the January 17, 2017 minutes; Bruno seconded the motion. There was
input about the need to amend the minutes to include a "condition about the deed restriction
protection". Foley amended his motion to include this change and Bruno seconded the motion
to amend. The motion passed (6-0).
3. Town Manager Report
There were no items discussed.
Town Council Meeting Minutes of February 7, 2017 Page 1
4. Action Items
4.1. Present an update and schedule on the planning and entitlement process for Chamonix
Vail.
Presenter(s): George Ruther, Director of Community Development; Kathleen Halloran, Director
of Finance and Michael O'Connor, Triumph West Development
Action Requested of Council: The development team is requesting that the Vail Town Council
provide direction and answers to the following three questions:
1. Does the Vail Town Council support the development schedule as recommended? If not,
what changes are needed to gain the Town Council's support?
2. Is the Vail Town Council supportive of continuing to pursue a single phase of
construction as contemplated in the development schedule?
3. Is the Vail Town Council supportive of funding the development of Chamonix Vail with
cash from town reserves?
Background: The development team has created a Chamonix Vail Housing Critical Path
Schedule for the completion of Chamonix Vail. The critical path schedule, as recommended,
reduces costs, minimizes risk, allows for informed decision making to continue, and ensures the
Town Council achieves its adopted goal of growing a thriving and balanced community. As
recommended, the critical path schedule continues to push for a late April — early May
construction start with the first homes available for occupancy in before the end of the year. This
schedule, while aggressive, is appropriate and achievable.
Staff Recommendation: The Community Development Department recommends the Vail Town
Council affirms their support for the critical path schedule, as recommended by the development
team, and in doing so, continues to support a single phase of development that utilizes cash
funds from town reserves to pay for the cost of constructing the Chamonix Vail development.
Ruther presented Section III of the council memo: Update on Progress to Date:
➢ Unveiling of www.Chamonixvail.com webpage
➢ Launch of the Chamonix Vail reservations and marketing campaign
➢ Hosting of a Chamonix Vail Interested Homebuyer's Meeting
➢ Announcement of six upcoming Homebuyer Education Classes
➢ Final Development Plan approval from the Town of Vail Planning & Environmental
Commission
➢ Two review meetings with the Town of Vail Design Review Board
➢ Finalization of interior home floor plans and start of initial mechanical, plumbing, electrical
➢ design
➢ Ongoing communication and sharing of answers to the most frequently asked questions
Critical next steps in the planning and entitlement process include:
✓ Final approval of the design review application by the Town of Vail Design Review Board on
✓ February 15th.
✓ Sign off on the construction documents for the development [February 21, 2017]
✓ Authorization to proceed with systems -built shop drawings [February 21, 2017]
Town Council Meeting Minutes of February 7, 2017 Page 2
Kathleen Halloran, Finance Director, presented the funding projections for the following project
approaches, 1) Single Phase Construction, 2) Phased Approach: Systems Built (Modular), and
3) Phased Approach: Stick Built. There were pros and cons identified with each approach, see
below for projections:
Single Phase
Beginning Fund, Balance
Annual Activity per 5 -Year Capital Ply
Remaining Development cost estimated at $17.5M
Systems Built Expenditures - No Phasing
Systems Built - Sales of Units (Revenue)
2017 201B 2019
15,828,727 2,267,682 21,144,178
636,955 4,678,496 (9,496,899)
(15,000.0&31 (2,544.000)
832,000 8,742,000
Estimated Fund Balance
2,267,682 _ 21,144,178 _ 11,647,280
Phased Approach: Systems Built (Modular)
Beginning Fund Balance
Annual Activity per 5 -Year Capital Plan
'Adds $1.4M in cost ($18.9M)
Es
Systems Built Expenditures - Phased
Systems Built - Sales of ):nits (Revenue)
ted Fund Balance
Phased Approach:
Beginning Fund
Annual Activity
'Adds $1.4M it
($10.7M)
15,828,727 8,762,682 10,320,178
636,955 4,678,,496 (9,496,899)',
(8.535 300 ) (10,395.00)
•5',
Stick Buttt - Endres
Stick Built - Sates.ofUnits (Rey
802,000 7.274.000 g.488,000
8,762,682 10,320,178 10,291,280
15,828,727 7,600,682 9,520,178
636,955 4,678,496 (9,496,899)
(8.8e5,003) ((10.835000)
Estimated Fund Balance
8,078.00;7 Ci.4e8,000
7,600,682 9,520,178 9,491,260
Ruther then presented info about the "lottery & current "buyer information and shared the
following:
• the home buyer preferences questionnaire
• steps taken after winning the lottery
• descriptors about the interested buyers group (145 potential buyers)
• the project schedule
• action request from the council
Michael O'Conner, Triumph Development, presented the project schedule and Mike
Cuthbertson, RA Nelson, explained the status of the construction planning and noted their
recommendation to bring on subcontractors to begin work as soon as possible. This was
suggested in light of the supply and demand on the construction industry and the costs of
construction. It was also noted the PEC approved the application and it is now being
considered by DRB.
Town Council Meeting Minutes of February 7, 2017 Page 3
t 4
Staff also noted they have engaged a third party to review the costs estimates, help identify
risks, and suggestions for keeping costs in line. There were comments about using local
contractors, and the construction method of the stick built vs the prebuilt options. Langmaid
inquired about using the energy star appliances and Cleveland asked if the lottery deadlines
could be moved earlier so there is a clear understanding of how many and who the buyers will
be. He requested staff consider creating some sort of incentive to get completed applications.
Chapin called for public input at this time; there were no comments.
Cleveland moved to proceed with spending $50 K for the pre -drawings for the manufactured
housing and directed RA Nelson to move forward lining up critical subcontractors in an effort to
remain aligned with the proposed schedule. Foley seconded the motion and it passed (6-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned at
7:30 p.m.
Attest:
Respectfully
-gave Chapin Mayor v
Town Council Meeting Minutes of February 7, 2017 Page 4
s , ,y 4
Vail Town Council Meeting Minutes
Tuesday, February 21, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
Site Visits
There were two site visits during the afternoon meeting, Rededication of the East Vail Fire
Station and lunch with the Vail Recreation District members and staff at the Vail Golf & Nordic
Clubhouse. A presentation about several VRD related items was given addressing such topics
as:
✓ Formation & history of the recreation district
✓ Financial condition of the district
✓ The town's role and VRD's role related to recreational facilities and programming
✓ The list of capital projects
✓ Impacts of Gallagher Amendment on future revenues creating a shortfall for VRD
expenses especially related to funding any capital projects
✓ Discussions about a funding ballot proposal
It was agreed that VRD should develop a strategy for future funding of its operations and capital
projects.
1. Citizen Participation
Randy Guerriero, resident, commented on naming the lounge in Marriott as the "Roost Lounge".
2. Appointments for Boards and Commissions
2.1. Appointment for Vail Local Housing Authority
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Action requires a motion to appoint one applicant to the Vail Local
Housing Authority to finish a term ending May 31, 2017.
A recent resignation leaves one position vacant on the Vail Local Housing Authority. Interviews
will be conducted during the afternoon meeting on Feb 21, 2017. The five members serve as
Town Council Meeting Minutes of February 21, 2017 Page 1
the Board of Directors for the business of the VLHA which includes strategic and long term
planning and management of the town's housing program.
Bruno moved to appoint Francesca Meza to the Vail Local Housing Authority to a term ending
May 31, 2017. Foley seconded the motion and it passed (7-0).
3. Consent Agenda
3.1. Contract with R.A. Nelson for Pre -Construction Services
Bruno moved to approve the contract with R.A. Nelson; Foley seconded the motion and it
passed (6-0-1; Moffet abstained).
4. Town Manager Report
The Town Manager spoke about the following items:
4.1. Vail's Community Meeting on March 14, 2017 at Donovan Pavilion (5 pm until 7 pm)
4.2 Possible Town of Vail funding, along with Vail Resorts, Inc. (and Strategic Alliance
Partners), of a concert during the "Spring Back to Vail" weekend in April. After some discussion
about the idea, some council members were not in support of the last minute approach to this
kind of proposal and expenditure. It was suggested this topic be a part of the budget cycle.
A motion was made by Bruno, and seconded by Langmaid, to authorize the spending of up to
$100K on this concert. The motion was not supported so Bruno revised the motion to include
that the Town Manager be given authority to continue negotiating the idea of funding a concert
with Vail Resorts, Inc. with clarification that this did not give any authorization to spend money.
Langmaid seconded the amended motion. The motion passed (5-2; Moffet and Cleveland
opposed).
5. Public Hearings
5.1. Ordinance No. 35, Series of 2016, Second Reading, An Ordinance establishing Special
Development District No. 41 (Marriott Residence Inn), pursuant to Section 12-9(A), Special
Development Districts, Vail Town Code, to allow for the development of a limited service lodge
and deed restricted employee housing units and a conditional use permit for public or
commercial parking facilities or structures, located at 1783 North Frontage Road West/Lots 9-
12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC16-0030)
Presenter(s): George Ruther, Director of Community Development and Matt Panfil, Town
Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 35, Series of 2016, upon second reading.
Background: The purpose of the proposed Special Development District (SDD), is to facilitate
the redevelopment of the former Roost Lodge site with a 170 unit Marriott Residence Inn limited
service lodge (LSLU), 96 Type III deed -restricted employee housing units (EHUs), six (6) non
deed -restricted rental dwelling units, and a commercial parking facility, located at 1783 North
Frontage Road West.
Town Council Meeting Minutes of February 21, 2017 Page 2
Staff Recommendation: The Town of Vail Planning and Environmental Commission
recommends that the Vail Town Council approves, with conditions, Ordinance No. 35, Series of
2016 on second reading.
Mayor Chapin introduced the agenda item and opened the public hearing at this time. Staff
planner Matt Panfil presented two public input letters for the records as well as a summary of
the application for the SDD and changes from first reading. His summary noted The public
thearing for the first reading of Ordinance No. 35, Series of 2016, was opened by the Town
Council on December 20, 2016 and subsequently continued to January 3, 2017 and January 17,
2017. At the January 3, 2017 meeting, the Town Council requested revisions to ensure
compliance with the nine (9) review criteria. In response, the applicant responded with
preliminary plans at the January 17, 2017 Town Council meeting. Changes to the plans
included:
• Reduction in building height by 3'-4'
• Reduction in the total number of employee housing units (EHUs) from 107 to 96 and
subsequent reduction in parking requirement from 320 to 299 parking spaces;
• Agreement to reimburse the Town of Vail if the Town builds a left turn lane on North
Frontage Road to the east access within five (5) years of project approval;
• Provision of directional signage at the driveway entrances to the site;
• Agreement to limit dogs to ten (10) limited service lodge units (LSLUs) and limit dogs to 50%
of the rental apartments with a limit of one (1) dog per unit; and
At the January 17, 2017 meeting, the Town Council voted 5-2 (Mason and Foley opposed) to
approve, with conditions, Ordinance No. 35, Series of 2016, on first reading.
Dominic Mauriello representing the applicant did not have additional comments on the
application. Public input was invited at this time as follows:
Randy Guerriero, resident, expressed concern about the turning lane into the hotel, too many
dogs for the neighborhood with the housing, the use of heated sidewalks on Meadow Ridge
Road, no parking on the same road, install the left turning lane now.
Jenny Lewis, resident, asked to concede some of her time to another speaker. She also
expressed concern that the development would overrun their neighborhood, too many units,
too much traffic, impacts to their view corridor, etc.
Wendy Erb, resident, continued to express concern about the project, too much density, too
much height with a request that the town council reject the proposal.
Greg Bemis, resident, expressed continued concerns with the bulk and mass of the project,
requested they consider his proposal to swap properties with Timber Ridge for redevelopment
on that parcel.
Chris Burns, resident, represented his neighborhood homeowners association and read his
letter into the record sharing some conditions that might mitigate the many impacts, some of
which include:
• The sidewalk — please keep the trees
• Please include a fence to help keep the dogs on their property
• Has constantly requested another rendering
• This project interfaces practically with their property line
• Include enough parking to ensure the employees have a place to park
Town Council Meeting Minutes of February 21, 2017 Page 3
• Traffic ; loading & unloading impacts must be mitigated
• Concerned about potentially destabilizing the area with any drilling or boaring
• Must mange the excess dog waste as a result of the units
• Concerned about sewage back ups
• Water services implantation would be impactful
• Flooding because of drainage issues
• Must mitigate the light pollution
• Impacts on the sidewalks
• Where will there be enough snow storage in their area
He asked that the council be fair as this level of density seems very unfair to their
neighborhood. He also expressed disappointment that the staff on the project have never
reached out to their neighborhood and it seemed their focus was on "development and not
community".
Howard Picking, resident, expressed opposition as well to the proposal in light of the
excessive density; he would have thought the PEC would have worked to resolve some of the
more dramatic and impactful characteristics of the proposal. He suggested two votes
addressing,
1) the construction of the hotel as a use by right, 2) the employee housing units which should
include more thought and discussion.
Gwen Scalpello, resident, noted a comparison of this proposal to Middle Creek and Lion's
Ridge's number of units suggesting there would be new density standards for Timber Ridge
West when it is time for redevelopment. This might be the unintended consequence.
Adele Picking, resident, expressed concern that this proposal would destroy what makes Vail
so special in its character.
Paul Rondeau, resident, once again asked that they consider rearranging the building on the
property. He continues to ask why this project was started as a hotel and hijacked by
housing?
Leah O'Brian, resident, noted that change is inevitable, some new building will for be built
regardless, it is time to offer this kind of housing in an effort to get back to the community it
once was.
Mark Levarn, resident, noted that while he sees there is more support for the business
interests the project offers, he requested they continue to work towards more compromise
about the bulk, density and mass of the project. He expressed concern that this project will
set the standard for future development in Vail.
Stephen Lewis, resident, asked the town to consider the financial implications of the proposal
for the housing units, asking "are they really going to be affordable?"
Stephen Connelly, resident, asked for a review of Rondeau's request to review a
reconfiguration of the building and uses on the property.
Steve Lindstrom, resident and Chairman of the Vail Local Housing Authority, thanked the
developer and his team for embracing the housing component for the project. He appreciated
their response to some of the community's housing needs. He reminded them the project
Town Council Meeting Minutes of February 21, 2017 Page 4
• •
requires only three variances, and the housing component is the real benefit for the town and
requested a "yes" to the application.
Closing comments were made by the applicant representative Mauriello who summarized the
public benefits and the numerous concessions that have been made. Chapin thanked the public
for their input and asked for council comments, some of which included:
✓ Confirmation the employee housing rental units couldn't be converted to weekend housing
✓ Confirmation there is language addressing foreclosure
✓ Confirmation there is a "use by right" for this property which includes a hotel this size
✓ Request to complete a West Vail Master Plan in the near future
✓ The application doesn't meet the design criteria component as the project is still too big
✓ The deviations of the project are offset by the housing benefits
Moffet moved to approve, on second reading, Ordinance No. 35, Series of 2016, an ordinance
establishing Special Development District No. 41, Marriott Residence Inn, pursuant to Section
12-9(A), Special Development Districts, Vail Town Code, to allow for the development of a 170
unit limited service lodge, 96 Type 111 deed -restricted employee housing units, and six (6) non -
deed restricted dwelling units, located at 1783 North Frontage Road West/Lots 9-12, Buffehr
Creek Resubdivision, and setting forth details in regard thereto with the following conditions:
1. The Developer shall obtain approval of the Design Review Board of an associated design
review application;
2. The Developer shall obtain Leadership in Energy and Environmental Design (LEED)
certification for the building within one (1) year of issuance of the first Certificate of
Occupancy. Failure to obtain LEED certification will necessitate a return to the Planning and
Environmental Commission and the Town Council for an evaluation of a suitable,
replacement public benefit to offset the loss of the public benefit from the failure to obtain
the LEED certification;
3. The occupants of the six (6) non -deed restricted dwelling units shall have the right to use the
services and facilities of the lodge under the same rules and regulations as the lodge
guests;
4. Should the Colorado Department of Transportation (CDOT) not approve the proposed
landscaping in the North Frontage Road right-ofway, the Developer shall submit a revised
landscape plan, for review and approval, prior to submitting any building permit application;
5. Prior to submitting any building permit application, the Developer shall submit a revised plan
that clearly illustrates signage and striping of the fire staging area;
6. Prior to submitting any building permit application, the Developer shall submit revised plans
that illustrate the continuation of the sidewalk to the intersection with Buffehr Creek Road in
accordance with the recommendations of the 2009 Vail Transportation Master Plan;
7. Prior to submitting any building permit application, the Developer shall obtain approval from
CDOT related to all proposed work within the CDOT right -of way;
8. Prior to submitting any building permit application, the Developer shall provide roadway and
snow storage easements for the portion of Meadow Ridge Road that encroaches onto SDD
No. 41 in a format acceptable to the Town's Attorney;
9. The Developer shall record deed restrictions against at least fourteen (14) of the dwelling
units prior to obtaining any Certificate of Occupanc ,:the lodge;
10. Prior to the submitting any building application, t. .Tbw'n of Vail and the Developer shall
enter into a Development Agreement to docu twprorf&ns related to off-site public
improvements, easements, employee housinde6 f@striations, timing and payment of fees,
property tax abatement for deed -restricted u its, d Sinlar provisions;
Town Council Meeting Minutes of February 21, 2017
Page 5
11. The Developer shall provide for dog -walk areas on the green roof as more particularly
described in the Development Agreement;
12. The Developer shall provide private shuttle van service for use by lodge guests and tenants
of the property to retail core areas of the Town, as more particularly described in the
Development Agreement;
13. The Developer shall provide for access to the hotel fitness and pool areas within the
building, subject to a membership fee, for those owning property located on Meadow Ridge
Road or within the Grand Traverse subdivision subject to rules and regulations adopted by
the operator, as more particularly described in the Development Agreement;
14. The lodge shall limit the total number of limited service lodge units allowing dogs to 10 units.
A maximum of 50% of the total 102 dwellings (96 deed restricted employee housing units
and 6 non deed restricted dwelling units) may allow dogs, and only one dog shall be allowed
in those units allowing a dog;
15. A second left turn lane shall be funded by the applicant as a reimbursement to the Town, if
CDOT access code requires the improvement and the Town of Vail installs the left turn lane
within eight (8) years of the approval of this ordinance. The funding by the applicant shall
occur within one (1) year of the second turn lane being installed;
16. The Developer shall record deed restrictions against ninety-six (96) dwelling units in SDD
No. 41, prior to the issuance of any certificate of occupancy; and
17. Prior to the issuance of a certificate of occupancy, the Developer shall coordinate all Art in
Public Places (AIPP) contributions with the Town of Vail Public Works Department AIPP
Coordinator
Moffet noted the following findings as part of the motion:
1. "The SDD complies with the standards listed in Section IV of this memorandum, or the
applicant has demonstrated that one or more of the standards is not applicable;
2. The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and compatible with the development objectives of the town;
3. The SDD is compatible with and suitable to adjacent uses and appropriate for the
surrounding areas; and
4. The SDD promotes the health, safety, morals, and general welfare of the town and
promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality."
Bruno seconded the motion and it passed (4-3; Foley, Langmaid, Mason opposed).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 8:15 p.m.
Attest:
P
Town Council Meeting iryt':. , lj bra i 7� Page 6
Vail Town Council Meeting Minutes
Tuesday, March 7, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Michael Cacioppo thanked town staff for responding to a public information request, specifically
the Town Attorney and Finance Director, who assisted with an article about federal funds at risk
in sanctuary cities. It was noted Town of Vail did not approve this kind of status officially.
Paul Rondeau, resident, presented comments about the Marriott Residence Inn project and the
need to be cautious about employee housing restrictions.
2. Proclamations
2.1. Proclamation No. 1, Series of 2017, In recognition of Vail's Trailblazer Award Recipients'
Vi and Byron Brown
Presenter(s): Dave Chapin, Mayor
Background: The Vail Trailblazer Award is presented to recognize an individual, couple or team
that exemplifies the spirit and fortitude in making Vail a great community through one or more
actions that make a lasting impact. Recipients will be recognized for their pioneering
contributions of time and talent, courage, leadership, vision and commitment in their endeavor
to enhance Vail's social, recreational, cultural, educational and environmental values that define
the community. The Trailblazer Award was created as a legacy project when the Town of Vail
was preparing to celebrate its 50th birthday on August 23, 2016.
Mayor Chapin presented the award and the town council approved and read the proclamation
into the record. Vi and Byron Brown thanked the community for the recognition.
2.2. Proclamation No. 2, Series of 2017, In Recognition of One Book One Valley 2017
Presenter(s): Lori Ann Barnes, Town Librarian, Dave Chapin, Mayor
Background: The proclamation announces the 2017 One Book One Valley community read
program which is sponsored by regional towns and offer numerous opportunities to review the
Town Council Meeting Minutes of March 7, 2017 Page 1
book through events and lectures. This year's chosen book is "High Divide" by Lin Enger ( a
teacher of English at Minnesota State University).
The proclamation was read by the Town Council and approved.
3. Presentations / Discussion
3.1. Vail Police Department Life Saving Recognition Awards
Presenter(s): Dwight Henninger, Police Chief, Marc Wentworth, Director, Vail Public Safety
Communications Center
Background: Vail Public Safety Communications Center dispatchers Kelly Klein, Tina Mojzer
and Michelle Aranda were each awarded with lifesaver awards during 2016 and this serves as
follow up to the recognition at an official public meeting.
Three life saving recognition awards were presented by Police Chief Dwight Henninger and
Director of Vail Public Safety Communications Center Marc Wentworth. The three employees,
Kelly Klein, Tina Mojzer, and Michelle Aranda, were commended and honored by Mayor Chapin
for their life-saving actions and noted as exceptional employees performing exceptional services
on behalf of the town and for the community.
4. Appointments for Boards and Commissions
4.1. Appointments to Art in Public Places Board
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint two people to serve two years terms, April 1, 2017-2019.
There are two applicants for the two vacancies on the AIPP Board, Margaret Rogers and Susan
Bristol. Both applicants interviewed November 2016 when there was one vacancy. Since these
two people were recently interviewed, it was decided to move forward with the appointments.
Town Council shall appoint two (2) members for terms of two years each. This appointment
term will end March 31, 2019.
Bruno moved to appoint Margaret Rogers and Susan Bristol to serve two year terms on the Art
in Public Places Board; Langmaid seconded the motion and it passed (7-0).
5. Consent Agenda
5.1. Minutes from February 7, 2017 meeting
5.2. Minutes from February 21, 2017 meeting
5.3. Resolution No. 6, Series of 2017, A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail and Eagle County Regarding Intermountain Forest Health and Setting
Forth Details in Regard Thereto
5.4. Resolution No. 8, Series of 2017 A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail and Eagle County Concerning a Grant of Trail Maintenance Funds
and Setting Forth Details in Regard Thereto
5.5. Self Contained Breathing Apparatus Contract Award
Town Council Meeting Minutes of March 7, 2017 Page 2
Cleveland moved to approve the consent agenda with the exception of the February 7 minutes;
Moffet seconded the motion and it passed (7-0). Cleveland moved to approve minutes from
February 7, 2017; Foley seconded the motion and it passed (6-0-1; Moffet abstained).
6. Town Manager Report
There was nothing reported at this time.
7. Action Items
7.1. Present the Vail Local Housing Authority recommendation for the deed restriction
requirements for Chamonix Vail and provide an update on the development schedule and
proposed lottery process
Presenter(s): George Ruther, Director of Community Development; Michael O'Connor, Triumph
Development West; Mike Cuthbertson, RA Nelson
Action Requested of Council: Does the Vail Town Council support the recommendation of the
Vail Local Housing Authority and the proposed requirements contained within the Chamonix Vail
Deed Restriction? If so, the Team will take the steps necessary to finalize the deed restriction. If
not, what specific changes to the deed restriction are required?
Background: The 32 townhomes at Chamonix Vail will all be deed restricted. The terms of the
deed restriction are in place to ensure the Town achieves its objectives for the new
development. The deed restriction must be approved prior to applicants submitting for
participation in the lottery selection process. The deadline for submitting to participate in the
lottery selection process is March 17th. A final determination on this matter is needed to remain
on schedule for an April construction start.
Staff Recommendation: The Vail Local Housing Authority recommends the Vail Town Council
approves the Chamonix Vail Deed Restriction as presented.
Ruther noted the attachments included in the council packet materials; he also noted the Vail
Local Housing Authority members were present. The Chamonix Vail deed restriction
requirements were reviewed identified below:
1. Occupancy shall be limited to Owners choosing to continuously occupy the homes, make the home
their permanent place of residence, and work at least 30 hours per week at a business licensed
within Eagle County.
2. Future transfer of ownership shall be through the Town of Vail to a Qualified Buyer.
3. "Non -Qualified Owners" shall be prohibited.
4. Provisions shall exist for circumstances of inheritance.
5. Owners may rent part of their homes provided certain requirements are met.
6. The Town of Vail shall maintain a first option to purchase on all transfers.
7. Owner shall be afforded an opportunity to obtain a "Maximum Resale Price" cap upon the sale of a
Chamonix Vail home.
8. Acceptance of a deed in lieu of foreclosure assignment shall cause the deed restriction to remain in
full force and effect.
9. Terms shall be provided to address matters of breach of the deed restriction.
10. A partial reimbursement for certain capital improvements costs may be added to the Maximum
Resale Price upon sale.
11. Owners may not own other residential property in Eagle County.
Town Council Meeting Minutes of March 7, 2017 Page 3
Ruther also noted the VLHA recommendation to the Vail Town Council for additional
restrictions, as follows:
• To maintain affordability over time, the Maximum Resale Price should be correlated to historical
changes, (+/-) in the Area Median Income, Median Family Income, Consumer Price Index, etc.
within Eagle County, Colorado. Over the past two decades these indexes have changed 1.64% to
2.48%, respectively. For ease of implementation a 1.5% per Annum adjustment is recommended.
• To avoid unintended consequences of residential property ownership, a Qualified Buyer may own
residential property, land and/or homes, outside of Eagle County, Colorado.
There was some discussion about several items:
✓ How the low end of appreciation cap of the 1.5% was determined and is it too low?
✓ The appreciation caps for Vail Commons and Chamonix
• The affordability factor for the projects
✓ Request to the maximum resale price to include the word "cap" on the 1,5% per annum and
that it is not guaranteed appreciation if the market goes down
✓ Request to include voter registration as a requirement
Ruther noted they'd like direction about the agreement on the deed restriction as it is time to
provide the information to lenders and other parties interested in the process. He noted the
town would collect a 2% administrative cost for charges for administrative services provided.
Chapin invited public comments at this time.
• Chris Neuswanger, mortgage broker, expressed suggestions about adjustments to the deed
restrictions in an effort to create ease of financing and refinancing for the homeowners. He
suggested using some languages from the Chamonix guidelines. There was also some
discussion surrounding the notice requirements associated with foreclosures.
• Jessie Klehfoth potential buyer, expressed concerns about current ownership and the
transition to Chamonix ownership with some of the restrictions and the uncertainty that
would exist with the completion of the construction. It was noted with buying and selling and
construction of new housing there would always be some uncertainties and risks.
• Michael Cacioppo asked questions related to foreclosures and recouping costs.
• Mark Bergman, potential buyer, expressed need to better understand how capital
improvements play into costs and appreciations.
Chapin closed the public input at this time. There was consensus to move foreword with the
VLHA recommended deed restriction requirements with the addition of the voter registration
requirement. The maximum 1.5% annum appreciation cap would remain, the Eagle County
property ownership would not be allowed and deed restriction property ownership would be
addressed.
Ruther moved the discussion to an update on the 1) potential buyers, 2) the lottery selection
process, and the 3) project schedule. Economic & Planning Systems (EPS) was asked to
provide a point -in -time evaluation of the depth of future buyers. EPS has worked on affordable
housing project developments in numerous communities in mountain settings as well as urban
markets. The following were key takeaways from their review of the current applications:
• • 127 respondents to the Homebuyer Questionnaire; 121 of these are considered to be
• potential homebuyers because they currently live in the area
• • 54% from Vail / 35% from Avon/Edwards / 11% renting outside of those locations
• 30% currently own their own home, and 70% are renters
• 67% of respondents are in a 1 or 2 person household
• • 45% of respondents have been prequalified to purchase a home
• Half of respondents have an annual income over $100,000, while 31% earn less than $75,000.
Town Council Meeting Minutes of March 7, 2017 Page 4
A review of the lottery selection process was addressed next and staff set forth the following
requirements for participation:
✓ Completion of a Chamonix Vail Home Buyer Qualifying Application.
✓ Demonstrated ability to comply with the terms of the deed restriction if selected for home purchase.
✓ Demonstrated ability to secure financing for the home type(s) desired.
✓ Signed acknowledgement of acceptance of the terms of the Chamonix Vail Reservation Agreement
and Purchase/Sale Agreement.
✓ Demonstrated participation and successful completion of a Town of Vail or Valley Home Store
sponsored Homebuyer Education Class within the previous 12 months.
✓ One chance per household for the one home type desired in the lottery selection process per
Qualifying Application.
✓ Creation of a Chamonix Vail Home Buyer Wait List to address situations of selected home buyers
"falling our of the home purchase process.
Staff continued to recommend the selection process not include a weighted preference towards
place of residency or place of employment, as a true lottery selection process is when each
participate shares an equal chance of being selected. Ruther took time to review each step of
the process as outlined in the council packet memo. It was recommended that all lottery
participants come to the lottery on May 3rd with a prepared and prioritized list of homes (i.e.
type and location) they would reserve and purchase if their name is selected in the lottery.
Public input was taken at this time and there was some discussion about how many times a
couple can enter the lottery, details about the pre qualification vs the down payment , the
reservation system, and the wait list criteria.
The project team reviewed the project schedule, noting the two schedules as follows:
Original Schedule:
➢ Development Team continues with expedited design packages including site, utility and building
foundation permit packages. The site and utility permit package will be ready for submission by March
16, 2017.
➢ On March 21, Staff/Council will review the depth of completed lottery applications. There are more
than 147 people who have completed the Home Buyer Questionnaire to date.
> Based on the strength of this market, council authorizes early construction activities beginning on
April 3, 2017. These early authorized scopes include the following subcontractors (total value of these
contracts authorized are in parenthesis):
grading ($1,375,000),
utilities ($525,000),
factory deposits ($1,340,000),
concrete foundations ($1,110,000),
General Conditions ($75,000).
At this time we would lock in the value of portions of the GMP.
➢ Of these commitments only $575,000 of local construction and $1,340,000 modular deposit will be
spent prior to May 10, 2017. All of these early scopes are work that needs to be done regardless
of any phasing plan and the Town will always retain the option to stop construction or change
the phasing plan — even with work underway.
➢ Finalize coordination with the modular plant and complete Contract Design Package for pricing on
April 7. Finalize Guaranteed Maximum Price (GMP) on April 28.
> Run lottery on May 3, 2017. Make final phasing determination and execute the final GMP
Development Contract on May 10, 2017 based on the results of that lottery.
➢ Under this original schedule, we will begin site and utility construction in early April -2017; pour
concreted for the first units in early May -2017; deliver the first units in November -2017; deliver final
units March -2018.
Town Council Meeting Minutes of March 7, 2017 Page 5
Alternative Schedule:
➢ Council approves grading and utility work to commence in early April. Total scope of work
$1,900,000. Only $575,000 completed prior to lottery.
➢ Complete GMP construction documents for all construction in April 7.
➢ Run lottery selection process and reserve homes May 3.
➢ Determine phasing and sign the GMP on May 10. Council authorizes final GMP and Champion
deposit based on lottery results.
Mike Cuthbertson, RA Nelson, provided the basis for the proposed schedules and estimated
costs. There were questions about the guaranteed maximum price (GMP) that has not yet been
provided. It was noted the form of the contract and documents must be decided upon first and
then the numbers follow; they are still waiting for bid contracts to be returned by subcontractors.
Zemler noted the town has a budget for the project and that would serve as the amount. There
was not a good comfort level about starting the project without the executed documents. There
was a preference for using the original project schedule. It was noted the documents would be
reviewed at the next meeting March 21. Other business discussion points were:
✓ the variable is the pricing from the subs which in turn determines the schedule
✓ design detail is not ready which is why the estimate are lagging
✓ documents with all subcontractor bids may not be ready until April 14
✓ would like authorization to move forward with some of the construction activities
✓ the town will not move foreword without the GMP and executed documents
VLHA member Mary McDougall provided clarity to the prequalification letter which includes
information from the applicant about income and liabilities and noted there is still another step of
approval which evaluates assets, liabilities, credit, liquidity. She noted the pre approval step
requires much more diligence by the applicant and the lender and identifies the prequalification
letter vs. the final verification of a loan.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 8:40 p.m.
Attest:
Respectfully Subm tted,
Town Council Meeting Minutes of March 7, 2017 Page 6
Vail Town Council Special Meeting Minutes
Tuesday, March 14, 2017
10:00 A.M.
Vail Town Council Chambers
1. CaII to Order by the Mayor
The special meeting of the Vail Town Council was called to order at approximately 10:00 A.M.
by Mayor Chapin. He noted the meeting was not open to the public.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
Moffet moved to convene to executive session noting the citations on the agenda below,
(Agenda items 2.1 & 4.1); Cleveland seconded the motion and it passed (7-0)..
2. Executive Session
2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions,
develop a strategy and instruct negotiators, Regarding: Development Agreement with Triumph
Development and Town Manager Candidate Selection/Contract Negotiations
Presenter(s): Matt Mire, Town Attorney, Kathleen Halloran, Finance Director, George Ruther,
Director of Community Development
Background: Not open to public
3. Break
3.1. Lunch Break — from 11:45 a.m. until 12:20 p.m.
4. Executive Session II
4.1. CONTINUED Executive Session, pursuant to: 2) C.R.S. §24-6-402(4)(e) - to determine
positions, develop a strategy and instruct negotiators, Regarding: Town Manager Candidate
Selection
Presenter(s): Matt Mire, Town Attorney and Ron Holifield, Strategic Government Resources
Others present: Krista Miller, Human Resources & Risk Management Director
Background: Not open to the public
Special Town Council Meeting Minutes of March 14, 2017 Page 1
6. Presentations / Discussion - Informational only:
6.1. Vail Annual Community Meeting will be held from 5 p.m. until 7 p.m. at Donovan Pavilion
There being no further business to come before the council, Moffet moved to adjourn the special
meeting and Langmaid seconded the motion which passed (7-0) and the meeting adjourned at
2:00 p.m.
Attest:
Respectfully ub
Five Chapin, -yor I
Special Town Council Meeting Minutes of March 14, 2017 Page 2
Vail Town Council Meeting Minutes
Tuesday, March 21, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Mayor Chapin recognized the Colorado State Legislature's recognition of Vail's Trailblazer
recipients Vi and Byron Brown as submitted by State Senator Kerry Donovan.
2. Appointments for Boards and Commissions
2.1. DRB Appointments
Presenter(s): Dave Chapin, Mayor
Background: Two vacancies exist on the Town of Vail Design Review Board; interviews were
conducted during the afternoon,. The term of each appointment begins April 1, 2017 and ends
on March 31, 2019, two year terms.
Bruno moved to appoint Peter Cope and Doug Cahill to two year terms on the Design Review
Board; Foley seconded the motion and it passed (7-0).
2.2. Planning and Environmental Commission (PEC) Appointments
Presenter(s): Dave Chapin, Mayor
Background: Four vacancies exist on the Town of Vail Planning and Environmental
Commission; interviews were conducted during the afternoon. There are three vacancies with
two year terms and one vacancy with one year term (as a result of a resignation). Terms begin
April 1, 2017 and end March 31, (2018 and 2019).
Bruno moved to appoint Brian Gillette, John -Ryan Lockman, Karen Perez to two-year terms on
the PEC, April 1 2017 to March 31, 2019, and Pamela Hopkins to a one-year term on the PEC,
April 1, 2017 to March 31, 2018. Moffet seconded the motion and it passed (7-0). Foley
thanked everyone who interviewed for the positions.
Town Council Meeting Minutes of March 21, 2017 Page 1
3. Consent Agenda
3.1. Resolution No. 9, Series of 2017, supporting the Live Well Colorado Healthy Eating and
Active Living Cities and Towns Campaign recognizes the importance of health and physical
activity to the Town of Vail's culture and community
Background: The Live Well Colorado HEAL Campaign supports stated Town of Vail Values in
the Vail 20/20 Strategic Action Plan and ongoing local programs such as actively green and the
town's efforts to become a certified sustainable destination.
3.2. Resolution No. 11, Series of 2017, A Resolution Approving an Agreement Between the
Town of Vail and Aspen Wireless Technologies, Inc. Concerning a Network Operating
Agreement and Setting Forth Details in Regard Thereto
3.3. 2017 Vail Slurry Seal Project contract award
Presenter(s): Chad Salli, Project Engineer
Background: On March 10, 2017 staff received two bids for the 2017 Vail Slurry Seal project.
This year's streets to receive a preventative maintenance slurry seal are Spraddle Creek Rd,
Potato Patch Dr, Sandy Lane, Beaver Dam Rd, Beaver Dam Cir, Forest Rd and Rockledge Rd.
This project is budgeted within the Capital Streets Maintenance budget. Staff recommends
Town Council authorize the Town Manager to enter into an agreement, in a form approved by
the Town Attorney, with A-1 Chipseal in an amount not to exceed $140,000.00.
Moffet moved to approve all items on the consent agenda; Bruno seconded the motion and it
passed (7-0).
4. Town Manager Report
There was nothing reported at this time.
5. Presentations / Discussion
5.1. Open Lands Plan Update
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager; Tom Braun, Braun
Associates
Action Requested of Council: Staff requests the Vail Town Council participate in the discussion
and ask any pertinent questions, however as this is an update there is no formal action
requested.
Background: The most recent step in the planning process for the update to the 1994 Open
Lands Plan was an in-depth Community Workshop, held on February 22nd at the Grand View
Room, where the facilitator provided background information on what has changed since the
original Plan and context for the discussion. Participants were asked to work in small groups to
develop a response on each of the topic areas: land acquisitions, trails, and use of town lands.
Staff Recommendation: As this is an update to the Vail Town Council on the process for the
Open Lands Plan update, there is no staff recommendation at this time.
Town Council Meeting Minutes of March 21, 2017 Page 2
The presentation made by Tom Braun addressed the following topics: 1) Summary of
community meeting #1, 2) Current work program, 3) Community meeting #2, 4) Project
schedule. There were many reasons noted as to why the need for a plan update, it is 22 years
old and things have changed since '94, such as Population growth, growth in summer visitation,
Gore Creek listed as Impaired, housing challenges, development of regional recreation facilities,
increase in types of trail use. There was a summary of what was heard from the public
neighborhoods on numerous topics identified below:
ACTION PLAN / LAND ACQUISITIONS
✓ Protection of sensitive environmental resources
✓ Housing
✓ USFS lands
TRAILS
✓ Trails in general — user groups
✓ Wildlife and environmental considerations
• Neighborhood connectors
USE OF TOWN LANDS
Recommendations:
A summary of the WORK PROGRAM related to each item was reviewed.
Action Items/Land Acquisition
• Evaluate 51 Action Items/recommendations from '94 Plan
• Define "sensitive environmental resource", evaluate bio -diversity
• ID potential for new Action Items to further environmental goals, re: Gore Creek/Wildlife
• Evaluation of all Town -owned lands, re: housing/public uses
• Evaluation of USFS lands
Trails
• Alternatives for addressing user conflicts
• Define design parameters for trails
• Assess environmental/wildlife impacts
• Comprehensive plan of existing trails and types of trails
• Evaluation of other trail improvements from '94 Plan
• Feasibility of Concept Plan — neighborhood connectors
Use of Town Lands
• Evaluate RETT purchases/Open Space Designations
• Evaluate/inventory all Town -owned lands
• Open space protection techniques
• Future town needs/suitability of available lands
• Management of Town open space
• Wildfire
Next steps and the project schedule were reviewed. There was note made that the process is
addressing open lands and not open space. There were comments made related to using open
lands for housing and the meeting input seemed to not support that approach. There was no
public input heard at this time. The planning would include another public meeting
Town Council Meeting Minutes of March 21, 2017 Page 3
5.2. Ford Park 2017 Summer Managed Parking Calendar
Presenter(s): Greg Hall, Director of Public Works & Transportation
Action Requested of Council: Request input and approval on the 2017 Ford Park Summer
Managed Parking Calendar as prepared by staff and the Ford Park User Groups.
Background: Each spring the summer activities and events calendar is reviewed by the Ford
Park User Groups, including representatives from Town of Vail, Vail Recreation District, Vail
Valley Foundation (Gerald R. Ford Amphitheater), Betty Ford Alpine Gardens, Bravo! Vail and
Walking Mountains Science Center (as operators of the Vail Nature Center). The group's
proposed 2017 managed and paid parking program is attached. Similar parking operations and
transit service as 2016 will be provided.
Greg Hall presented the 2017 calendar for Ford Park managed parking days as developed by
the Ford Park User Group. There was some discussion about allowing customers paying only
one time and allowing them to leave once, a philosophy that has been followed by the parking
attendants. There was no public input on the topic.
5.3. Chamonix Vail — Home Buyer Lottery Selection Process Update
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: No action is required at this time. Background: The purpose of this
memorandum is to present the lottery selection process for home purchases at Chamonix Vail
and provide an update on the lottery applications submitted following the March 17th application
deadline.
Ruther presented an update on the Home Buyer Lottery Selection Process and the potential
buyers at Chamonix housing development. Some of the highlights of the buyers were reviewed
with a presentation drafted by independent third party Economic and Planning Systems, Inc..
• Development Plan includes:
Unit Type Max. Sales Price Number of Units
2-1: 2 Bedroom, 1 -Car Garage $399,000
2-2: 2 Bedroom, 2 -Car Garage $499,000
3-1: 3 Bedroom, 1 -Car Garage $545,000
3-2: 3 Bedroom, 2 -Car Garage $599,000
3L-2: 3 Bedroom, 2 -Car Garage $739,000
• 90 applications submitted; 87 analyzed
• Lottery applicant profiles (location, renters vs. owners, earnings, etc.)
5
5
10
8
4
• Interest by unit types
• Prequalification level of applicants
Town Council Meeting Minutes of March 21, 2017 Page 4
• Qualified interest by unit type
Planned Total
Unit Type Units #1 Ranks #2 Ranks 83 Ranks #4 Ranks #5 Ranks Interest
2-1 5 34 9 2 4 10
2-2 5 11 16 6 5 0
3-1 10 8 10 12 2 0
3-2 8 16 13 5 2 0
3L-2 4 6 3 4 2 3
• Demand Summary
Only Qualified Applicants
Total High Total Low Planned
Unit Type Interest Interest Units
51,52 53 54 55
2-1
2-2
3-1
3-2
3L-2
43
27
18
29
9
16
11
14
7
9
5
5
10
8
4
59
38
32
36
18
In summary, Ruther noted that the demand is greater than the supply and they will continue to
gather more information from the applicants. He noted the greatest demand was for the 2 BR
and 1 Car Garage. He then noted the lottery application process closed last Friday and they
would continue to work with EPS on the analysis of the information. The timeline for the lottery
selection process is outlined below:
• The deadline for submitting a complete lottery application to the Town of Vail Community
Development Department is 5:00 pm, Friday, March 17th.
• An invitation to participate in lottery will be sent out to the lottery participants by 5:00 pm,
Friday, March 31st.
• Draft copies of the legal documents (i.e., Chamonix Vail Deed Restriction, Chamonix Vail
Reservations Agreement, Chamonix Vail Home Owners Association Documents, Chamonix
Vail Purchase Agreement) will be provided to the lottery participants the week of April 3rd.
• The Chamonix Vail Home Buyer Lottery will be held at the Donovan Pavilion, 6:00 pm,
Wednesday, May 3rd.
• Lottery winners will have up to five days (5:00 pm, Monday, May 8th) to execute a Chamonix
Vail Reservation Agreement with the Town acknowledging their intent to purchase a new
home at Chamonix Vail.
They recommend all lottery participants come to the lottery on May 3rd with a prepared and
prioritized list of homes (i.e. type and location) they would reserve and purchase if their name is
selected in the lottery. He noted the legal documents were being drafted and applicants would
be provided them by April 3; they are due back for the drawing and nothing was going to be
negotiable. There was information provided about how they will manage the wait list by showing
an example. Ruther thanked Kim Bell Williams and Mary McDougall who led five first time
home buyer classes. There was some discussion about the type of loans that would be
available for the purchase of these deed restricted units; Cleveland requested more information
be presented on the topic. Public input was invited at this time.
Town Council Meeting Minutes of March 21, 2017 Page 5
Chris Fitzgerald, resident, suggested having the ability for the applicants to observe the
process of the construction and inquired about how many applicants would have kids at the
school.
6. Action Items
6.1. Ordinance No. 1, Series of 2017, First Reading, An Ordinance Amending Title 3, Chapter 6,
Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission on Special
Events Funding Decisions
Presenter(s): Kelli McDonald, Economic Development Manager, Matt Mire, Town Attorney
Action Requested of Council: Approve, amend or deny Ordinance No. 1, Series of 2017 on first
reading
Background: The Vail Town Council (the "Council") directed staff to amend Section 3-6-8(B) of
the Vail Town Code to allow the Council to call up an appeal on a decision made by the
Commission on Special Events within 60 days rather then 10 days.
Staff Recommendation: Approve, amend or deny Ordinance No. 1, Series of 2017 on first
reading
There was some discussion about the timeframe and whether it might be too long or too short.
The sixty days were agreed upon and it was suggested it could always be changed. Bruno
moved to approve Ordinance No. 1, Series of 2017, First Reading, An Ordinance Amending
Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of
Commission on Special Events Funding Decisions. Cleveland seconded the motion and it
passed (7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 7:20 p.m.
Attest:
" M. 41
•t' ayor _
e Chapin,
Patty
Town Council Meeting Minutes of March 21, 2017 Page 6
Vail Town Council Meeting Minutes
Tuesday, April 4, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Stan Zemler, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Bob Armour, resident, thanked Charlie Turnbull and his team for their efforts on cleaning up vail,
addressed the lights and pedestrian ways that have been installed, and thanked Stan Zemler,
outgoing Town Manager, for his years of service and closed by saying the town is losing a
friend!!
Jim Carta, resident on Bald Mountain Road, asked for additional regulations and enforcement of
the "dark sky" regulations. He has had issues with neighbors leaving lights on all night.
Michael Kurz, resident thanked Zemler for his years of service and wished him luck!
Randy Guerriero, resident, expressed concerns about activity in the area of the new Marriott
development, (illegal truck parking, mud everywhere), noted the dog allowance on the property
will create issues, requested that the left hand turn lane be installed.
Eric Perkins expressed concern about the removal of the trees and the impacts it will have on
the river and fish.
2. Proclamations
2.1. Proclamation No. 3, Series of 2017, Recognizing National Library Week 2017
Presenter(s): Lori Barnes, Vail Public Library
Several library representatives and Library Director Lori Barnes were present supporting the
proclamation. The proclamation was read and adopted by the Vail Town Council
Town Council Meeting Minutes of April 4, 2017 Page 1
2.2. Proclamation No. 4, Series of 2017, Recognizing Stan Zemler, Town Manager
Presenter(s): Dave Chapin, Mayor
The proclamation was read and adopted by the Vail Town Council. Zemler said a few words
thanking everyone for their kindness and heartfelt words. Moffet noted the most important thing
he was part of was the hiring Zemler and extended his sincerest thanks!!
3. Consent Agenda
3.1. Minutes from March 7, 2017 meeting
3.2. Minutes from March 14, 2017 special meeting
3.3. Minutes from March 21, 2017 meeting
Moffet moved to approve the meeting minutes referenced; Foley seconded the motion and it
passed (7-0).
3.4. Resolution No. 12, Series of 2017, A Resolution Approving a Lease Agreement Between
the Town of Vail and Vail Recreation District Regarding the Vail Golf Course; and Setting Forth
Details in Regard Thereto
It was noted the Vail Recreation District has not yet acted on the clubhouse lease and would do
so once construction checklist items were completed. Zemler however recommended action be
taken on the lease in an effort to move it forward to VRD for consideration once the items were
finished. Moffet moved to approved Resolution No. 12; Foley seconded the motion and it
passed (7-0).
3.5. Resolution No. 14, Series of 2014, A Resolution Approving a Lease Skate Park
Management Agreement Between the Town of Vail and the Vail Recreation District; and Setting
Forth Details in Regard Thereto
Moffet moved to approve Resolution No. 14; Foley seconded the motion and it passed (7-0).
4. Town Manager Report
4.1. Financial Eligibility of Deed Restricted Housing to Receive Conventional Financing
Presenter(s): George Ruther, Director of Community Development
Representatives from Alpine Bank, Mike Glass and Bill Walsh, were present along with George
Ruther to review this topic. The bank's financing products were reviewed and it was noted they
continue to follow the options that might exist for financing projects such as Chamonix Vail.
There was also some discussion about the "notification process" associated with foreclosed
units and defaulted loans. The town wants to be notified in these instances and does not want
to rely on the homeowner for notification; it was noted public notifications occur over a 120 day
timeframe.
Town Council Meeting Minutes of April 4, 2017 Page 2
5. Presentations / Discussion
5.1. 1-70 Underpass Construction Update
Presenter(s): Tom Kassmel, Project Engineer and Matt Figgs, CDOT Region 3 Project Manager
Background: The 1-70 Vail Underpass project has recently begun the final phase of construction.
CDOT will provide an update on the project and its progress. The anticipated completion is fall
2017.
CDOT representative Figgs noted that work has begun and is slated to be completed fall 2017
on budget and on schedule. He informed them Frontage Road detours would begin April 24
with the same configuration as 2016 and town center roundabout northbound lane would be
striped as two -lanes. There were some suggestions about signage that would assist
pedestrians and bicyclists and business owners in the area.
5.2. Update on Parking and Transportation Task Force recommended summer work plan
Presenter(s): Greg Hall Director of Public Works and Transportation
Action Requested of Council: Provide direction to the staff on the information presented as well
as provide feedback on the issues regarding any additional information which would be useful
as the Task Force, community and ultimately Town Council will decide on the whether the Town
of Vail implements summer managed parking.
Background: The purpose of this item is to: Provide Town Council with an update on the work to
date by the Parking and Transportation Task Force (PATTF); Provide recommendations for
Summer 2017 and planning for Summer 2018; and Request Town Council direction regarding
next steps. The PATTF has convened three meetings in 2017: January 23, February 24 and
March 24. The focus of the Task Force has been an evaluation of summer operations.
Staff Recommendation: Staff recommends at a minimum, funding the three alternatives at the
lowest amount projected. This is a total budget adjustment of $206,000.
Greg Hall presented the background and to date description of the task force and its work as
described in the council packet memo, and suggested the following summer 2017
recommendations:
Parking Duration Data Collection: 18 -week summer - $81,200
The advantage of the total period would be the town would have data for the entire summer season and
any variations from the various time periods would be known. The messaging would be consistent for the
entire season. It would be easier to staff for the entire season.
OR
Parking Duration Data Collection: 4 -week period - $19,600
The advantage of this scenario is reduced cost. The disadvantage would be the challenge in selecting
which weeks to test. It would be recommended to test a week in each month and then project the data
based on actual usage for each month. This scenario presents a greater communications challenge due
to the inconsistent timing of the test periods. Staffing would also be a challenge for each week. Another
alternative would be to sample a 4 -week simultaneous period for the same cost. The disadvantage would
be the variation of uses by time of the year. We know July is our busiest time and if parking
recommendations are based on only data from July we may not be able to predict usage in other months
as accurately as might be needed.
Town Council Meeting Minutes of April 4, 2017 Page 3
Guest/User Surveys - $35,000
It is recommended that at a minimum we survey 3,000 users or about 2% of the nearly 600,000
transactions during this time period. In addition, we would reach out to local employees similar to the
employee portion of the 2016 citizen survey using the Internet survey method. Survey budget is $35,000.
The survey would help determine optimum pricing scenarios.
Enhanced Summer Transit Service Pilot Program - $151,000 - $235,000
The Task Force discussed implementing enhanced summer service this year. The East Vail route
currently has 1 -hour service levels. The Golf Course and Sandstone routes have 2 -hour service. The lack
of more frequent service levels have been identified in past citizen surveys as well as community picnics
every year. Task Force members suggest this enhancement be used as a first step to promote getting
people out of their cars and onto the buses as an alternative. Enhanced transit service would reduce
vehicle trips and be more in line with the town's environmental commitment. The desire to provide better
service to the East Vail trail areas from hour service to 30 minutes would also help reduce trailhead
parking capacity issues. Enhanced summer transit service would also be an added guest amenity for
outlying lodging properties in East Vail, Sandstone and the Golf Course areas. Finally, the town would
have the data of increased transit service with ridership numbers to compliment the summer parking 2017
data in hand allowing for more informed decision-making for summer 2018.
After some discussion, there was consensus and support for the following items:
✓ 12 week parking data collection (mid-June until mid September)
✓ use of the intercept studies for the guest & user surveys
Council requested additional options and related costs to the enhanced Summer Transit Service
Pilot Program to be reviewed at the next meeting. Chapin noted there would be NO CHARGE
for SUMMER PARKING!
6. Action Items
6.1. Resolution No. 10, Series of 2017, A Resolution Approving the Chamonix Vail
Development Agreement Between the Town of Vail and Triumph West, LLC; and Setting Forth
Details in Regard Thereto
Presenter(s): George Ruther, Director of Community Development Action Requested of Council:
Approve, approve with modifications, or deny Resolution No. 10, Series of 2017.
Background: The Chamonix Vail Development Agreement is needed to facilitate the
development of Chamonix Vail. The Development Agreement outlines the general terms of the
development and the obligations of the Town and the Developer, among other important
expectations and considerations. The term of the Agreement shall be from its Effective Date
until January 1, 2019. The general terms and obligations of the Agreement are outlined in the
staff memorandum, dated April 4, 2017.
Staff Recommendation: The Town staff recommends the Vail Town Council approves
Resolution No. 10, Series of 2017, as presented.
Ruther reviewed the terms of the agreement as outlined below:
II. Terms of the Development Agreement
The Chamonix Vail Development Agreement is needed to facilitate the development of Chamonix Vail.
The Development Agreement outlines the general terms of the development and the obligations of the
Town and the Developer, among other important expectations and considerations. The term of the
Agreement shall be from its Effective Date until January 1, 2019. The general terms and obligations of the
Agreement include:
Town Council Meeting Minutes of April 4, 2017 Page 4
➢ A total contract price of $17,728,000.
➢ Obligations of the Developer to:
1. deliver to the Town a total of 32 townhome style units consistent with the set of plans and
specifications approved by the Town of Vail.
2. deliver the homes in accordance with the schedule outlined in the Agreement.
3. (December 2017 — March 2018)
4. cause the General Contractor to provide a payment and performance bond to secure the
construction of the development.
5. operate within an open -book environment and provide evidence of all costs, expenses and
mark-ups related to the Development.
6. pay the Town liquidated damages for failure to deliver the new homes within the schedule
outlined.
7. transfer a two year warranty for all public improvements and an assignable, one year
warranty for the private improvements.
8. procure and maintain a policy of insurance for commercial general liability and
9. builder's risk.
➢ An obligation of the Town to:
1. pay the Developer on a monthly basis for work completed.
2. accept the new homes from the Developer upon demonstrated completion consistent with the
approved plans and specifications.
• Provisions for a Force Majeure event.
➢ Upon the Effective Date of the Development Agreement, the Development Agreement shall
supercede and replace the current Pre -development Agreement.
Allowances for Soil Conditions ($36K), Modular Staging ($40K) and Excel Energy Utility
installation ($165K).
Provisions for a 5% - 15% monthly retainage
There was some discussion about the schedules provided, the deed restriction exhibit and a
proposed parking plan during construction. Triumph Development and RA Nelson
representatives were present to address the schedule and the execution of construction
contracts. They also presented the need to include both types of construction at this point as
final pricing was not yet completed. Chapin invited public input at this time. None was given.
Moffet moved approve to approve Resolution No. 10, Series of 2017, A Resolution Approving
the Chamonix Vail Development Agreement Between the Town of Vail and Triumph West, LLC;
and Setting Forth Details in Regard Thereto, with the following additions to the motion:
• both schedules would be included as C 1 or C2
• the documents must be executed no later than April 12, 2017
• the agreement no longer includes Exhibit D addressing the deed restrictions
Bruno seconded the motion and it passed (7-0). Zemler acknowledged George Ruther for his
diligent work on this project and all parties were commended for bringing this project to fruition.
6.2. Ordinance No. 2, Series 2017, First Reading, Ordinance making budget adjustments to
the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, and
Heavy Equipment Fund of the 2017 Budget for the Town of Vail, Colorado and authorizing the
said adjustments as set forth herein; and setting forth details in regard thereto
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No, 2, Series
2017
There was some discussion about the details of the General Fund savings related to salaries
from positions. Moffet moved to approve Ordinance No. 2, Series 2017, First Reading,
Town Council Meeting Minutes of April 4, 2017 Page 5
Ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund,
Real Estate Transfer Tax Fund, and Heavy Equipment Fund of the 2017 Budget for the Town of
Vail, Colorado and authorizing the said adjustments as set forth herein; and setting forth details
in regard thereto. Foley seconded the motion and it passed (7-0).
6.3. Award contract for design of the South Frontage Road from Vail Valley Medical Center to
Lionshead Parking Structure.
Presenter(s): Tom Kassmel, Project Engineer
Action Requested of Council: Approve Design Contract Award Background: The Town of Vail
has budgeted to reconstruct the South Frontage Road from the Vail Valley Medical Center to
the Lionshead Parking Structure in 2019. In order to coordinate the projects design with the
pending Vail Valley Medical Center and Evergreen Redevelopments, Town staff suggests
accelerating the design of the project one year so that design and construction coordination can
occur appropriately.
Staff Recommendation: Authorize the Town Manager to enter into a design contract, in a form
approved by the Town Attorney, with SGM in the amount not to exceed $375,000; to be funded
by the traffic impact fee fund.
Kassmel presented the project
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Funding for the project has previously been identified as shared between the Town of Vail, Vail
Transportation Impact Fees, and each development's (Vail Municipal Building, VVMC, and the
Evergreen) project level requirements to access this portion of the South Frontage Road.
Based on Council and staff discussions at the February 7th Town Council meeting regarding
this topic staff advertised a RFP for design services for the South Frontage Road design and
received two proposals:
• Felsburg, Holt, and Ullevig (FHU) $530,000
• SGM $375,000
Town Council Meeting Minutes of April 4, 2017 Page 6
The necessary design fees can be supplemented into the 2017 budget from the existing traffic
impact fee fund, currently having a fund balance of $950,000; and/or if desired, the funding
could also be reallocated from the Vail Renewal Authority (VRA) TIF dollars, which are currently
budgeted for this project in 2018 & 2019, in the amount of $100k and $3.5 Million respectively.
There was some discussion about the status of the other two projects and delaying this work
until later; it was noted that VVMC would be submitting an application for redevelopment in the
near future and there was no word yet on the hotel.
Moffet moved to authorize the Town Manager to enter into a design contract, in a form approved
by the Town Attorney, with SGM in the amount not to exceed $375,000; to be funded by the
traffic impact fee fund. Foley seconded the motion. After further discussion, Moffet amended
his motion to include the expenditure with the next supplemental budget ordinance and a
requirement for future status reports; Foley seconded the motion and it passed (7-0).
6.4. Reconstruction of the Gore Valley Trail to Underpass Connection Path
Presenter(s): Tom Kassmel, Project Engineer
Action Requested of Council: Direct staff to proceed with the necessary coordination to lower
the Holy Cross Electric lines in this area to facilitate the reconstruction of the bike path.
Background: The Town has budgeted to reconstruct the bike path that connects the Gore Valley
Trail to the South Frontage Road at the newly constructed underpass. The final design requires
the overhead power lines just south of the underpass to be relocated underground. Staff
suggests the town use the Holy Cross Enhancement funds to lower these lines.
Staff Recommendation: Approve the expenditure of $50,000 from the Holy Cross Electric
Enhancement Funds to complete the undergrounding of 1100' power lines from the Liftside
condominiums to the Glen Lyon Office Building.
Kassmel noted a bid from the contractors would be presented May 2 and it was proposed the
Holy Cross enhancement fund would be used in the amount of $50K. There was not public
comment at this time. It was noted the project would require use VRI property; several
easements would required and staff would be working with VRI on this effort.
Cleveland moved to approve the expenditure of $50,000 from the Holy Cross Electric
Enhancement Funds to complete the undergrounding of 1100' power lines from the Liftside
condominiums to the Glen Lyon Office Building. Mason seconded the motion and it passed
(7-0).
6.5. Award contracts for the Vail Park Improvement Project and Ford Park Lighting Control
Project
Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect
Action Requested of Council: Direct the Town Manager to enter into construction contracts with
TriPhase Electric in an amount not to exceed $98,979 for the Ford Park Lighting Control Project
and with MW Golden Constructors in an amount not to exceed $516,781 for the Vail Park
Improvements project.
Town Council Meeting Minutes of April 4, 2017 Page 7
Background: The Vail Park Improvement Projects is an assembly of smaller, funded projects
which staff has bid as one construction project to improve efficiency and create economy of
scale and more advantageous contractor pricing. The work included in the Vail Park
Improvement Project includes the following projects:
Ford Park - redesign and construction of the West Betty Ford Way (W BFW) gate
Ford Park - site improvements and landscaping at the West Restroom Building
Ford Park - School House garden and patio
Ford Park — Riparian area planting Bighorn Park — access, picnic pavilion improvements and
riparian plantings
The Ford Park Lighting Control Project includes a computerized lighting control system to allow
unlimited dimming and shut-off capabilities of the existing parking lot and pedestrian path light
fixtures. The existing light fixtures were installed with the anticipation of utilizing this lighting
control system and will accept the required equipment without modification.
Oppenheimer made a review of the projects and total budget amount and the proposed
expenditures reflected below:
Budget and Funding Implications:
Budgeted Funds:
2 Ford Park project accounts reallocated from 2016 to 2017
00F002 S313.327
RFP019 ; l7E,297
2017 Ford park budget for School House Garden and Softball Shelter 5300,000
Stream Bank Mitigation Project (allocation of it;,944K overall budgets S 12,000
Total Funds available for Ford Park Projects 5800,621
Chapin asked for public input at this time and there was none given. Moffet moved to direct the
Town Manager to enter into construction contracts with TriPhase Electric in an amount not to
exceed $98,979 for the Ford Park Lighting Control Project and with MW Golden Constructors in
an amount not to exceed $516,781 for the Vail Park Improvements project. With the award of
the construction contracts by the Town Council, both projects will begin construction the first
week in May and complete the work by June 30, 2017. Foley seconded the motion and it
passed (7-0).
6.6. Slifer Square Project Update
Presenter(s): Chad Salli, Project Engineer
Action Requested of Council: Provide staff with direction.
Background: Staff has identified 4 significant maintenance issues concerning Slifer Square.
These included the following:
1. Damaged storm sewer
2. Storm water being discharged into Gore Creek without treatment
3. Water leaking from the fountain
4. Corroded steel snowmelt mains.
Staff received 2 bids for the Slifer Square Repair Project, RA Nelson ($4,603,393.86) and Icon
Inc. ($4,862,821.30). Both bids are over 50% higher than the estimated construction costs of $3
million.
Town Council Meeting Minutes of April 4, 2017 Page 8
Staff Recommendation: Staff works with the consultant and contractors to re-evaluate the
current scope and priorities of the project and then re -bid the project once that evaluation and
redesign is complete.
Salli presented the item with information about the high bids that were received by the
contractors. He noted their efforts to reduce the costs with some value engineering. There was
discussion about the following:
✓ Would there be federal or state funds for the water quality improvement scope of work, i.e.
GOCO grants
✓ Important to repair the water quality issues and would the town's environmental funding be
able to support the project
✓ Rescope the project and rebid it next year
✓ The Capital Project Budget included:
❑ $150,000 in 2016 for design and engineering
❑ $1,350,000 in 2017 for construction of Slifer Square
❑ $800,000 in 2017 for the reconstruction of Meadow Drive along the Austria Haus
Options for moving forward include:
1. Award the full contract as bid and supplement the budget to cover the budget shortage.
2. Reducing the scope of the project by deferring some maintenance/repairs to a future
date.
It was suggested by Zemler to delay the project a year with consideration for it again during the
2018 budget cycle; it might be worthwhile to review the CIP budget again in light of other 2017
expenditures (Chamonix). Kassmel noted there would be other options to review and a possibly
addressing the problems on a short term (address water quality issues) and long term basis
may work as well.
Cleveland moved to defer the Slifer Plaza work and directed staff to address the pollutants of
the river and then seek for a long term approach and solutions to the other issues. Moffet
seconded the motion and it passed (7-0).
7. Public Hearings
7.1. Ordinance No. 1, Series of 2017, second reading, An Ordinance Amending Title 3,
Chapter 6, Section 8 of the Vail Town Code, Regarding Town Council Call Up of Commission
on Special Events Funding Decisions
Presenter(s): Kelli McDonald, Economic Development Manager, Matt Mire, Town Attorney
Action Requested of Council: Approve, amend or deny Ordinance No. 1, Series of 2017 on
second reading
Background: The Vail Town Council (the "Council") directed staff to amend Section 3-6-8(B) of
the Vail Town Code to allow the Council to call up an appeal on a decision made by the
Commission on Special Events within 60 days rather than 10 days.
Staff Recommendation: Approve, amend or deny Ordinance No. 1, Series of 2017 on second
reading
Town Council Meeting Minutes of April 4, 2017 Page 9
Chapin opened the public hearing and there were no comments. There were no changes from
first reading. Moffet moved to approve Ordinance No. 1, Series of 2017, second reading, An
Ordinance Amending Title 3, Chapter 6, Section 8 of the Vail Town Code, Regarding Town
Council Call Up of Commission on Special Events Funding Decisions. Mason seconded the
motion and it passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned
at 9: 30 p.m.
Attest:
Res•ectfull , Su
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Patty - ny, Town
Town Council Meeting Minutes of April 4, 2017 Page 10
Vail Town Council Special Meeting Minutes
Wednesday, April 19, 2017
12:30 P.M.
Vail Town Council Chambers
1. CaII to Order by the Mayor
The special meeting of the Vail Town Council was called to order at approximately 12:30 P.M.
by Mayor Chapin. He noted the meeting was not open to the public.
Members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Moffet moved to convene to executive session noting the citations on the agenda below,
(Agenda items 2.1); Foley seconded the motion and it passed (7-0)..
2. Executive Session
2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions,
develop a strategy and instruct negotiators, Regarding: Conduct Town Manager Interviews.
Presenter(s): Matt Mire, Town Attorney, Krista Miller, Human Resource Director and Ron
Holifield, Strategic Government Resources
Background: Not open to public
There being no further business to come before the council, Moffet moved to adjourn the special
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 5:30
p.m.
Attest:
Respectful) Submitted
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Cha vnhl
Dave ,May
Special Town Council Meeting Minutes of April 19, 2017
Page 1
Vail Town Council Special Meeting Minutes
Thursday, April 20, 2017
9:00 A.M.
Vail Town Large Administrative Conference Room
1. CaII to Order by the Mayor
The special meeting of the Vail Town Council was called to order at approximately 9:00 A.M. by
Mayor Chapin. He noted the meeting was not open to the public.
Members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: None
Moffet moved to convene to executive session noting the citations on the agenda below,
(Agenda items 2.1); Foley seconded the motion and it passed (7-0).
2. Executive Session
2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions,
develop a strategy and instruct negotiators, Regarding: Conduct Town Manager Interviews.
Presenter(s): Vail Town Council Members
Background: Not open to public
There being no further business to come before the council, Moffet moved to adjourn the special
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at
12:00 p.m.
Attest:
Respectfully Submitted,
t
Special Town Council Meeting Minutes of April 20, 2017 Page 1
Vail Town Council Special Meeting Minutes
Wednesday, April 26, 2017
4:00 P.M.
Vail Town Large Administrative Conference Room
1. Call to Order by the Mayor
The special meeting of the Vail Town Council was called to order at approximately 4:00 P.M. by
Mayor Chapin. He noted the meeting was not open to the public.
Members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: None
Moffet moved to convene to executive session noting the citations on the agenda below,
(Agenda items 2.1); Foley seconded the motion and it passed (7-0).
2. Executive Session
2.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions,
develop a strategy and instruct negotiators, Regarding: Negotiating Town Manager Contract.
Presenter(s): Vail Town Council Members
Background: Not open to public
There being no further business to come before the council, Moffet moved to adjourn the special
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned at 5:30
p.m.
Attest:
Respectfully Submitted,
Special Town Council Meeting Minutes of April 26, 2017 Page 1
Vail Town Council Meeting Minutes
Tuesday, May 2, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Citizen Participation
Steven Connelly, Vail resident, complimented the Town on the expanded summer bus service
and he looked forward to contributing to the discussion concerning rent by owner in the future.
Chris Wolds, Vail resident, requested better signage on South Frontage Road near the Tyrolean
building. Currently the sign says "no stop required" and Wolds thought the drivers would stop
unnecessary honking.
Jenifer Teisinger, executive director of Bravo! Vail provided a preview of the upcoming concert
schedule. Reminding Council concerts start June 22, 2017.
2. Proclamation
2.1 Proclamation No. 5, Series of 2017, Economic Development Week May 8-13, 2017 and
Recognizing 2017 as the 91st Anniversary of the International Economic Development Council
Presenter(s): Dave Chapin, Mayor
Moffet moved to approve Proclamation No. 5, Series of 2017; Bruno seconded the motion and it
passed (7-0).
3. Consent Agenda
3.1 2017 Vail Overlay Contract Award
Background: Staff received 2 bids for the 2017 Vail Overlay Project. The project is budgeted
with the Capital Street Maintenance budget and is within the engineer's estimate. Roads
included in this year's asphalt overlay project include Bighorn Road. The project is scheduled
during the month of September 2017.
Town Council Meeting Minutes of May 2, 2017 Page 1
Moffet moved to approve the 2017 Vail Overlay Contract Award; Foley seconded the motion
and it passed (7-0).
4. Town Manager Report
Patty McKenny, Acting Town Manager, informed council there would be a public
groundbreaking for Chamonix Vail housing on May 16, 2017 from 11:30 — 12:30.
5. Presentations / Discussion
5.1 Red Sandstone School Parking Structure Project Update
Presenter(s): Greg Hall, Director of Public Works and Transportation
Action Requested of Council: The Town Council is being asked to provide direction to the staff
and school district regarding pursuit of a new parking structure on the Red Sandstone
Elementary School site in conjunction with the School District's remodel of the school. The staff
has posed questions for council direction at this time.
• Decide if the town should pursue a 3 level or 4 level structure
• Provide direction on the additional design components of the project
• Direct the Town Manager to enter into a Pre -development Agreement with Eagle County
School District in a form approved by the Town Attorney
• Authorize the Town Manager to negotiate a design contract with the Eagle County
Design Team in an amount not to exceed $ 900,000
• Amend the first supplemental budget by $ 1,300,000
Background: The purpose of this meeting is to present a progress report on the Red Sandstone
Elementary School Parking Structure project since the March 21 presentation, discuss the multi-
level parking structure project and receive direction from the Town Council.
Information to be presented includes:
• Pre -Development Intergovernmental Agreement with Eagle County School District
• 3 and 4 level Parking Structure options Cost and budgets for each structure option Initial
cost sharing methodology
• Project schedule
• Series of next steps for advancing the project forward
Staff Recommendation: Staff recommends the Town Council should pursue the four level
structure with the additional program components included. As the project progresses the staff
will return to the council with design updates prior to the August 1, 2017 deadline for additional
direction.
In addition, the Town Council should take action on the items below. The amount of design
effort expended by the August 1, 2017 deadline would be approximately 50 % of the anticipated
$900,000 design contract.
• Direct the Town Manager to enter into a Pre -development Agreement with Eagle County
School District in a form approved by the Town Attorney
• Authorize the Town Manager to negotiate a design contract with the Eagle County
design team in an amount not to exceed $ 900,000
• Amend the first supplemental budget by $ 1,300,000
Town Council Meeting Minutes of May 2, 2017 Page 2
Greg Hall presented design and pricing options for a 3 and 4 level parking structure at Red
Sandstone Elementary School (RSES). Public Art is included and there will also be off site
improvements such as the pedestrian walkway that crosses over Interstate 70. The preliminary
construction cost for a 3 level structure is approximately $7 million for 120 parking spaces. A 4
level structure would cost approximately $9 million and provide 160 spaces. Hall noted the 4th
level structure does provide some discount per parking and space and he estimated a 50 year
lifespan on the structure depending on maintenance. Hall stated once Eagle County School
District and the Town comes to an agreement for the design, staff will bring back more
information concerning cost sharing to council at the August 1 meeting.
Council agreed there is value to this project, but did express concern on cost sharing
commitment with the school district.
6. Action Items
6.1 Resolution No. 17, Series of 2017, A Resolution Approving a Pre -Development Agreement
Between the Town of Vail and Eagle County School District; and Setting Forth Details in Regard
Thereto
Presenter(s): Greg Hall, Director of Public Works and Matt Mire, Town Attorney
Action Requested of Council: Approve, amend or deny Resolution No. 17, Series of 2017
Background: The Town and the District have determined that it is in their respective best
interests and in the best interests of the populations the parking structure containing
approximately 160 spaces for parking, along with an access driveway and related
improvements, including without limitation necessary improvements to the lower parking lot on
the Property and the Frontage Road.
Steven Connelly stated parking is a problem, but really housing is our biggest issue.
Jeff Chamberlain, Eagle County School District representative, stated the District shares the
same cost sharing concerns, but does recognize the need to go forward with the design to see
what this project could really look like. Chamberlain said the District looks forward to partnering
with the Town.
Moffet made a motion to approve Resolution No. 17; Bruno seconded the motion; motion
passed 6-0 (Cleveland opposed)
6.2 Resolution No. 16, Series of 2017, a resolution supporting local and federal climate action
and including the Town of Vail as a signator on the Mayors National Climate Action Agenda
(MNCAA) open letter to the President
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager
Action Requested of Council: Staff requests the Vail Town Council approve, approve with
modifications, or deny Resolution No. 16, Series of 2017.
Background: The Mayors National Climate Action Agenda (MNCAA) has requested that the
Town of Vail and other U.S. cities reaffirm their pledge to reduce emissions, increase resilience,
Town Council Meeting Minutes of May 2, 2017 Page 3
transition to a low -carbon economy, track progress transparently, and to assist them in urging
more cities to commit to immediate action. Resolution No. 16, Series of 2017 supports this
agenda and adds Vail as a signator to the Open Letter to the President, available here:
http://www.climate-mayors.orq/our-letter-to-the-president- march -2017/
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 16,
Series of 2017.
Kristen Bertuglia reviewed the resolution with council.
Steven Connelly suggested the ban on plastic bags be extended to include retail and
restaurants. Connelly also wants to eliminate 20 minute idling.
Moffet made a motion to approve Resolution No. 16, series of 2017; Langmaid seconded;
motion passed 7-0.
6.3. Pedestrian Access Improvements in the Vicinity of 450 East Lionshead Circle (Treetops
Building), Permission to Proceed
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The owner of the Treetops Building, located at 450 East
Lionshead Circle, requests permission to proceed through the Design Review process for
improvements to the building's pedestrian access that is located partially on Town of Vail
property (E. Lionshead Circle ROW).
Background: The Treetops Building was constructed above an existing parking garage in 1986.
Access to the building, including the stairs and ADA ramp, are located partially on Town of Vail
property. Because of the property line location in close proximity to the building, the applicant is
requesting the use of Town of Vail property to improve the pedestrian access to the building.
Staff Recommendation: The Community Development Department recommends that the Vail
Town Council instructs town staff to:
• Sign the development application on behalf of the property owner and permit the project
to proceed through the development review process for the proposed improvements.
Georg Ruther reviewed the Treetops Building application with council. Ruther explained the
applicant is requesting the use of Town of Vail property to improve the pedestrian access to the
building. The proposal is to expand the ADA ramp further south, resulting in an increase of
ramp area within Town of Vail property by 50.15 square feet.
Moffet moved to direct staff to sign the development application on behalf of the property owner
and permit the project to proceed through the development process for the proposed
improvement; Bruno seconded; motion passed 6-0 (Foley recused himself due to conflict of
interest)
6.4 The purpose of this discussion is to make a final determination on the deed restriction
requirements for Chamonix Vail. The two issues discussed in this memorandum do not
practically affect the future purchasers of the homes at Chamonix Vail.
Town Council Meeting Minutes of May 2, 2017 Page 4
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Provide direction to town staff on whether the draft Chamonix Vail
deed restriction should be further amended.
Background: The two issues discussed in the memorandum do not practically affect the future
purchasers of the homes at Chamonix Vail. Instead, they provide responses to questions asked
by the Vail Town Council.
George Ruther reviewed Chamonix Vail maximum resale price and foreclosure provisions with
council. Maximum resale price is the actual maximum price an owner can sell the home for in
the event of a resale. For Chamonix Vail homeowners the maximum resale price means
purchase price paid by the last qualified buyer plus: an increase of 1.5% per annum of such
purchase price (prorated at the rate of 1.12 for each whole month) from the date of owner's
purchase of the property to the date of the owner's execution of the listing contract, such
percentage increase to not be compounded annually; and the value of permitted capital
improvements. Section 10 of the Chamonix Vail Deed Restriction outlines the procedures which
must be followed in the event of a foreclosure. Staff reviewed similar deed restrictions to
compare and contrast Vail's deed restriction requirements with those of other communities. The
terms of the City of Aspen deed restrictions are almost identical to Vail's with two exceptions:
• If a lender obtains the deed in lieu of foreclosure the lender may only sell the home to a
qualified buyer, and,
• If the municipality exercises its first option to purchase and acquires the home, the
municipality may choose to rent the home versus sell the home, regardless of the
ownership provisions of the deed restriction.
Ruther recommended language is added to the deed restriction permitting the Town of Vail to
rent a deed restricted home to a qualified tenant, at the Town's sole discretion, in the event the
Town obtains the home utilizing its first option to purchase.
Council agreed with the deed restriction recommendations as presented.
6.5 Ordinance No. 3, Series of 2017, First Reading, An Ordinance Amending the Vail Town
Code to Adopt by Reference the 2010 Edition of the Model Traffic Code and Modifications
Thereto and Amending Related Provisions of Title 7 of the Vail Town Code
Presenter(s): Daric Harvey, Police Dept. Commander and Tom Kassmel, Engineer
Action Requested of Council: Approve, amend or deny Ordinance No. 3, Series of 2017
Background: The Town Council adopted the 1977 edition of the Model Traffic Code for Colorado
Municipalities in 1977. The Town has conducted a study to determine the safe speed limit for
local streets within the Town's jurisdiction. The Colorado Department of Transportation, Safety
and Engineering Branch updates and modifies the Model Traffic Code for Colorado from time to
time. Pursuant to C.R.S. §§ 42-4-110 and 42-4-111, and its home rule authority, the Town is
empowered to regulate traffic and vehicles operating on streets and highways within its
jurisdiction.
Daric Harvey, Police Commander reviewed the ordinance explaining the adoption of 2010
Edition of the Model Traffic Code and other modification to Title 7 of the Vail Town Code was for
traffic and pedestrian safety.
Town Council Meeting Minutes of May 2, 2017 Page 5
Council expressed concern about speeding in neighborhoods stating drivers currently ignoring
the speed limit signs. Council agreed the code needed to be updated and asked if the code
could be updated without changing the speed limit signs in neighborhoods.
Tom Kassmel, Town engineer, agreed and stated traffic calming such as speed bumps are
noticed by drivers more then speed limit signs. Matt Mire Town Attorney said yes code could be
updated without changing speed limit signs.
Council asked staff to provide more information during a work session.
6.6 South Frontage Road Improvements Design Contract Award
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Award South Frontage Road Design Improvements Contract.
Background: In conjunction with the adoption of the Vail Valley Medical Center (VVMC) Site
Specific Redevelopment Master Plan; the Town of Vail, the VVMC, and the Evergreen
collaborated to develop a South Frontage Road Improvement Plan that would accommodate
each existing and future access point to the above mentioned properties as well as
accommodate projected traffic growth along the South Frontage road. The Town put out an RFP
for Design services to complete the design and received two proposals.
Staff Recommendation: Staff recommends authorizing the Town Manager to enter into a design
contract with SGM to be funded by the traffic impact fee fund.
Tom Kassmel presented the South Frontage Road Improvements Design. The design would
incorporate existing and future access points to the Vail Valley Medical Center (VVMC), the
Municipal Building and the Evergreen Lodge. WMC plan to submit the Phase II development
plan this month and confirming they intend to relocate utility lines along South Frontage Road
ROW this year. Along with a possible submittal of a development plan for the Evergreen
redevelopment; it is recommended the Town accelerate the design of the South Frontage Road
improvements one year in order to coordinate with these impending and future developments.
The necessary design fees can be supplemented into the 2017 budget from the existing
traffic impact fee fund, currently having a fund balance of —$950,000; and/or if desired,
the funding could also be reallocated from the Vail Renewal Authority (VRA) TIF dollars,
which are currently budgeted for this project in 2018 & 2019, in the amount of $100k
and $3.5 Million respectively. Council may elect to award a partial design contract, to receive
only 30% design drawings. This would allow Council to award about 55% of the total contract
amounts; FHU ($290,000), SGM ($210,000). Staff suggests Council awards the entire design
contract, with a stipulation within the contract that requires a formal notice to proceed for
the consultant to move beyond the 30% design milestone.
Council would like to see more commitment from the partners.
Cleveland made a motion to authorize the Town Manager to sign the design contract; Foley
seconded; motion passed 6-1 (Moffet opposed).
6.7 Gore Valley Trail Connection Reconstruction Contract Award
Presenter(s): Tom Kassmel, Town Engineer
Town Council Meeting Minutes of May 2, 2017 Page 6
Action Requested of Council: Award Construction Contract for Gore Valley Trail Connection
Reconstruction.
Background: The Town has budgeted to reconstruct the Gore Valley Trail connection to the
South Frontage Road near the Vail Underpass project. Town has received a bid from Kraemer
NA to complete the work.
Staff Recommendation: Staff recommends authorizing the Town Manager to enter into a
contract with Kraemer NA.
Tom Kassmel presented the Gore Valley Trail Underpass Connection Realignment with council.
The Town has budgeted $150,000 this year to reconstruct the bike path that connects the Gore
Valley Trail to the South Frontage Road adjacent to the new 1-70 Vail Underpass. Since the
Underpass project lowered the Frontage Road, there is now the opportunity to significantly
reduce the existing steep 22% bike path grades to 5%. This would require two new switchbacks
and the relocation of the existing overhead powerlines. In order to cover the cost of realigning
the bike path staff has also requested to roll over the Recreation Path Maintenance savings
from 2016 of —$94,000, providing a total budget of $244,000. The Town received a bid from
Kraemer NA to reconstruct and realign the path in the amount of $213,491; $182,000 for the
bike path realignment and an additional $32,000 for improved landscape
There was no discussion.
Moffet made a motion to authorize the Town Manager to enter into a contract with Kraemer NA;
Bruno seconded; motion passed 7-0.
7. Public Hearings
7.1. Second reading of Ordinance No. 2, Series 2017, an ordinance making budget adjustment
to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund and
Heavy Equipment Fund.
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No. 2, Series
2017.
Background: This is the second reading for the first supplemental budget appropriation of 2017.
Staff Recommendation: Approve or approve with amendments Ordinance No. 2, Series 2017.
Kathleen Halloran Finance Director reviewed the changes per council's request on first reading.
The General Fund ended 2016 with a surplus of $3.7 million, a combination of increased
revenue ($1.3 million) and $2.4 million operational savings. Halloran explained that all projects
discussed tonight are budgeted for except the RSES and council could add that item in the
motion.
Council would like to hear more details about Ski Museum renovation and how $500,000 Town
contributions would be used.
Town Council Meeting Minutes of May 2, 2017 Page 7
Moffet moved to approve Ordinance No. 2, Series of 2017 on second reading with the addition
of $1.3 million for RSES; Foley seconded; motion passed 7-0.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 8:25 p.m.
Attest:
Town Council Meeting Minutes of May 2, 2017 Page 8
Vail Town Council Meeting Minutes
Tuesday, May 16, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Members absent
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Jen Mason
Greg Moffet
Kim Langmaid
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Citizen Participation
There was none.
2. Youth Recognition Award
2.1 Town of Vail Youth Recognition Award
Presenter(s): Scott O'Connell, Vail Recreation District
Background: Each year the town of Vail works with both the Vail Mountain School and Battle
Mountain High School to identify Vail students who excel in academics, sports, arts and
community service.
Scott O'Connell introduced Council to the recipients of the $1,000 college scholarships: Vail
Mountain School nominee, Olivia Manula and Battle Mountain High School nominee, Finn
Anderson.
3. Appointment for Boards and Commissions
3.1 Appointments to Local (Liquor) Licensing
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: The Town Council will make three appointments for two-year
terms to the Vail Local Licensing Authority. Applicants were interviewed during the afternoon
meeting.
Jenn Bruno moved to appoint Luca Bruno, Ross Cohen and Bart Longworth to the Local
Licensing Authority; seconded by Greg Moffet; approved 6-0. The appointees will serve 2 year
terms.
Town Council Meeting Minutes of May 16, 2017 Page 1
4. Consent Agenda
4.1 Resolution No. 19, Series of 2017, A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail and the Colorado Department of Public Health and Environment
Regarding State Nonpoint Source Management Program; and Setting Forth Details in Regard
Thereto
4.2. Minutes from April 4, 2017 meeting
4.3. Minutes from April 18, 2017 meeting
4.4. Minutes from April 19, 2017 Special Meeting
4.5. Minutes from April 20, 2017 Special Meeting
4.6. Minutes from April 26, 2017 Special Meeting
Moffet moved to approve the consent agenda; seconded by Cleveland; approved 6-0 with minor
edits to the April 18, 2017 meeting minutes.
5. Any Result of Executive Session
Town Attorney reviewed Resolution No. 18, 2017, A Resolution Approving the Purchase of
Property in the Town of Vail Legally Described as Gore Range Condominium II Unit #1-E, Eagle
County, Colorado with a Physical Address of 2189 Chamonix Lane, Vail, Colorado; and Setting
Forth Details in Regard Thereto.
Mason made a motion to approve Resolution No. 18, Series of 2017; seconded by Foley;
approved 6-0.
6. Town Manager Report
Patty McKenny, Acting Town Manager, informed council that Governor Hickenlooper will be at
the Donovan Pavilion on Friday at 9:30 am to recognize Colorado Open Lands Day.
Additionally, McKenny announced the Town of Vail was the recipient of the Healthy Workplace
Award presented by Vail Valley Partnership.
7. Presentations/Discussion
7.1. USFS Trail Management and Booth Falls Trail Update
Presenter(s): Aaron Mayville, USFS and Craig Bettis, Police Commander
Background: Last summer there was a significant parking problem at the Booth Creek Falls
Trailhead with cars parked along both sides of the roadway and on the Frontage Road.
Construction at Vail Mountain School last summer exacerbated these problems. The United
States Forest Service will provide an update on trail management and Town staff will update on
the actions being taken for this summer.
Staff Recommendation: Listen to presentation and provide feedback to the staff and USFS
Aaron Mayville, District Ranger with Holy Cross Whiter River National Forest presented ways to
improve management of overcrowding at the Booth Falls trailhead. Educating business owners,
Town Council Meeting Minutes of May 16, 2017 Page 2
hotel concierges, Chambers of Commerce and visitors of alternative hikes in the area is one
way to ease the congestion at Booth Falls. Other management actions for this summer
included use of Vail Mountain School parking lot and increased bus service to the trailhead.
Mayville is hopeful a balance with wilderness ethic and wilderness character will be the outcome
of these solutions. Council has suggested increased enforcement of parking violations at the
trailhead, additional "no parking" signage on the Frontage Road across from VMS and adding
bike racks at the trailhead. Booth Falls Homeowners Association representative thanked
council for taking action and agree enforcement of parking violations will help. Code
enforcement on the Frontage Road is essential. The code enforcement on Booth Falls Road
has been appropriate and has helped the neighborhood mitigate the problems. Visitors should
be encouraged to use the bus service.
7.2. Gore Creek Education and Outreach Program Update
Presenter(s): Peter Wadden, Watershed Education Coordinator
Action Requested of Council: Staff requests the Vail Town Council participate in the discussion
and ask any pertinent questions.
Background: The Restore the Gore Strategic Plan (the "Plan") was adopted by Resolution 9,
Series of 2016 on March 15, 2016. The Plan identifies five major strategies required to bring
about the desired improvements in Gore Creek water quality and aquatic life. Education and
Outreach is the first of those five strategy areas. Under the umbrella of Education and Outreach
the Plan identifies five action areas:
• Water Quality Literacy
• Municipal Maintenance and Management Practices
• Management of Creekside Landscapes
• Commercial Activities
• Online Information and Resources
This presentation will review programs and projects completed, underway, and upcoming in
2017.
Wadden provided Council with an update on the Gore Creek Action Plan; which council adopted
in March 2016. Some of the programs that have been developed or underway are the following:
• Monthly "Lunch with the locals"
• River Watch monitoring
• Interpretive sign installation at Betty Ford Alpine Gardens
• Summer Family Movie Night
• GoPro Games outreach
• Stormwater Education and Outreach
• Project Re -Wild
• Town Staff trainings
• Landscaper Training and Certification
• Nature Center Display Garden
• Annual River Cleanup
Wadden stated he was waiting for the 2016 aquatic life numbers to indicate the current health of
the creek. Council thanked Wadden for his efforts.
Town Council Meeting Minutes of May 16, 2017 Page 3
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed 6-0) and the meeting adjourned
at 7:30 p.m.
Attest:
Pasty MpKerlpy, Town Cle
0 n i
Town Council Meeting Minutes of May 16, 2017 Page 4
Vail Town Council Special Meeting Minutes
Tuesday, May 23, 2017
1:00 P.M.
Vail Town Council Chambers
The special meeting of the Vail Town Council was called to order at approximately 1:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. CaII to Order by the Mayor
2. Executive Session
2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b)(e) - to receive
legal advice on specific legal questions; and to determine positions, develop
a strategy and instruct negotiators, Regarding: Town Manager Search
Presenter(s): Matt Mire, Town Attorney
Moffet made a motion to enter into executive session pursuant to the above recital; Foley
seconded the motion and it passed (7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 5:00 p.m.
Attest:
Town Council Special Meeting Minutes of May 23, 2017
Page 1
Vail Town Council Meeting Minutes
Tuesday, June 6, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Greg Moffet
*Jen Mason absent
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Citizen Participation
Doug Lovell and Chris Jarnot with Vail Resorts were pleased to inform council of Vail Resorts
support for the use of the $4.3 million parking capital investment to be used towards the Red
Sandstone School joint parking project.
2. Appointments for Board and Commissions
2.1. Vail Local Housing Authority Appointment
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Motion to reappoint Francisco Meza to VLHA.
Background: The Town Council appointed Francisco Meza to the VLHA in February to serve a
term due to a resignation, a term which ended May 31, 2017. Mr. Meza is interested in
continuing to serve on the VLHA for the new term of five years, ending in May 2022. Since the
interview process was recently conducted, it is suggested to reappoint the current member to
serve this next term.
Bruno made a motion to reappoint Francisco Meza to the Vail Local Housing Authority;
seconded by Moffet; approved 6-0.
3. Consent Agenda
3.1. Request to Award Construction Contract to SHC Landscape in the Amount of $33,099.63
for the Vail Village Riparian Buffer Planting Project.
Background: The Vail Village Riparian Buffer Planting project includes the addition of plantings
in multiple areas between Vail Valley Drive and the International Bridge. Areas include section
of the Village Streamwalk, the bank behind the Row Houses, at the confluence of Mill Creek and
Gore Creek, the hillside behind Austria Haus and the turf area behind Village Center.
Town Council Meeting Minutes of June 6, 2017 Page 1
Moffet made a motion to approve the consent agenda; seconded by Foley; approved 6-0.
4. Town Manager Report
4.1. Summer Data Collection, Parking and Enhanced Bus Service Updates
Presenter(s): Greg Hall, Public Works Director
Hall reported the enhanced summer bus services began on Memorial Day with doubling of peak
service on East Vail, Golf Course and Sandstone routes. Bus ridership is up 22% thus far with
the biggest increase of riders on the Sandstone route. Hall stated the summer parking data
collection was going well and he would return to council with more information on a later date.
5. Presentations/Discussion
5.1. CSE Strategic Plan update per the five year plan guidelines. The CSE voted to adopt the
plan on May 3, 2017.
Presenter(s): Barry Davis and Mark Gordon, CSE
Action Requested of Council: Approval or Approval with Amendments
Background: The CSE determined that the previous 2013-2017 Strategic Plan provided a
comprehensive and relevant foundation from which to adapt and update the new plan.
Barry Davis, CSE Chair and Mark Gordon, CSE Co -Chair, presented the updates to the CSE
Strategic Plan. The 2018-2022 Strategic Plan key updates include the following:
• Clarification and definition of event category types — Community, Recreational &
Cultural and Education & Enrichment.
• Detailed scorecards for both categories.
• Enhanced CSE strategic direction including providing additional guidance to event
producers.
• More specific requirements for producer deliverables, such as the marketing checklist
and event recap.
• Revised list of critical success measurements including tools for objective evaluation
criteria.
• Commitment to requiring environmental sustainable event practices.
Cleveland made a motion to approve the CSE updates to the Strategic Plan; seconded by
Moffet; approved 6-0.
5.2. 2016 Financial Audited Financial Statements for the Town of Vail
Presenter(s): Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and
Associates
Action Requested of Council: The 2016 audited financial statements are presented for Council
information; no action requested.
Background: In accordance with section 9.11 of the Vail Town Charter, an independent audit
shall be made of all town accounts at least annually. The audit shall be conducted by certified
public accountants and copies made available for public inspection at the municipal building.
The 2016 audit was conducted by McMahan and Associates, LLC.
Town Council Meeting Minutes of June 6, 2017 Page 2
Halloran reviewed the highlights of the 2016 financial statements. Halloran explained
government entities are required to report financial statements in two types of reports so
regardless of the background of the reader they can understand the material. A Government
Wide Statement provides a broad overview similar to a private sector business, including capital
assets and long-term debt on a full accrual basis. The Fund Statement provides financial
transactions for specific activities or governmental functions; focus on near-term inflows and
outflows and spendable balance. 2016 the Town's assets exceed liabilities of $229.7M and
over half of that amount are the Town's capital assets. The remaining amount is the Town's
reserves; $2.0M TABOR; $14.5M restricted and 79.1 M unrestricted. In 2016 the Town
increased its net position by $12.5M. The General Fund came in favorable to budget by $3.7M;
$1.3 came in from additional revenue collected (parking and lift tax); and $2.4M in savings on
expenditures. Capital Projects Fund managed $12.2M in projects; which came favorable to
budget by $19.8M. The RETT Fund came favorable to budget at the end of 2016 by $6.9M.
Michael Jenkins, McMahan and Associates, LLC, informed council the Town received an
unmodified clean audit opinion; which is the highest level of assurance the Town's financial
reporting is correct.
5.3. Colorado Snowsports Museum and Hall of Fame Capital Project Update
Presenter(s): Susie Tjossem, Executive Director, Colorado Snowsports Museum and Hall of
Fame
Action Requested of Council: Provide staff with direction regarding the amount and timing of the
town's contribution toward this project.
Background: In 2016, Town Council approved a $500,000 capital contribution to the renovation
of the Colorado Snowsports Museum and Hall of Fame. Since that time, construction bids came
in higher than anticipated. The Museum is presenting an update of costs and cash flow
projections for the project.
Staff Recommendation: Provide staff with direction regarding the amount and timing of the
town's contribution toward this project.
Susie Tjossem, Executive Director of the Colorado Snowsports Museum and Hall of Fame,
requested confirmation from council regarding the town's $500,000 contribution and when the
contribution would be made available for the museum to use. Tjossem reviewed the revised
$1.3M renovation costs for the museum. The revised plan includes a remodel of the airlock
entry into usable exhibit space, moving the entry to align with visitor flow patterns, eliminating
the aged drop ceilings, moving and remodeling the 24 year old bathrooms and kitchen (ADA
compliant) and moving the gift shop space. Tjossem explained that given the current
construction estimate, the town's $500,000 now represents 37% of construction related costs
which is 3% less than the pro -rata established during 2016 Budget. If the Town of Vail
contribution was increased by $40,562 the 40/60% pro -rata would be preserved. Tjossem felt
this could be accomplished, in part, by eliminating $31,950 in TOV Building Permit and Plan
review fees.
Most council members agreed to the contribution of $500,000 and said did not support waiving
building permit fees. Council requested a statement be provided reflecting written donations
and bank finance before giving the $500,000 contribution. Additionally, council requested the
museum enter into a lease with the Town prior to releasing funds.
Town Council Meeting Minutes of June 6, 2017 Page 3
5.4. Overview of Big Horn Road and Intermountain South Frontage Road Overhead Power line
to underground conversion project
Presenter(s): Greg Hall Director of Public Works
Action Requested of Council: The Town Council is being asked to provide direction to the staff
and Holy Cross Energy regarding underground projects. The staff has posed options which the
staff would like direction on at this time.
Background: The 1999 Town of Vail 20 year Franchise agreement with Holy Cross Energy
allowed for the collection of an additional 1% of gross revenues to be placed into a Community
Enhancement Fund. To date the Town of Vail has received $ 2,682,964 of which $ 1,612,868
has been used exclusively for the undergrounding of overhead powerlines. There are nearly 7
miles of overhead lines still within the Town of Vail. The town received $ 196,407 in payment
this past year. The Big Horn Road and Intermountain South Frontage Road projects are on a
high priority list of projects to be completed.
Staff Recommendation: Staff recommends the Town Council pursue first the phasing option,
and if phasing is not possible the town lends itself the shortfall to be paid back with future
enhancement fund payments. Staff would return to council based on this direction and once
bids are received based on engineered plans later this year to award the construction contract.
Hall reviewed the Holy Cross Energy undergrounding of power lines projects: Big Horn Road
and Intermountain South Frontage Road. The Big Horn Road project was started eight years
ago and has been incrementally completed as funds allowed. The Town staff has been working
to secure the remaining funds to complete the remaining 3300 feet of lines. The estimated cost
to complete this project is $1,023,500.00. The Intermountain South Frontage Road project has
4200 feet of line and Holy Cross selected to follow the existing line. The estimated cost to
complete South Frontage Road project is $1,129,500.00. The town has funds to complete one
of the projects this year and it would take approximately 5 years to collect funds to complete the
next project. Council asked if staff had spoken with the two neighborhoods to inquire about
possible cost -share.
An Intermountain resident addressed the council in support of the undergrounding of electrical
lines in her neighborhood.
Council directed staff to pursue a phasing plan for the two Holy Cross projects.
5.5. Stephens Park Discussion about Dogs Off Leash
Presenter(s): Gregg Barrie, Project Manager
Action Requested of Council: Provide staff with direction in regards to the issue of dog waste in
the park
Background: This need for a discussion of the multi -use nature of the off leash dog area of
Stephens Park has been raised due to the excessive dog waste not being removed by dog
owners . Stephens Park is a neighborhood park located in the Intermountain neighborhood. In
2004 an area of the park was designated as an off -leash area for dogs. It is a very popular and
heavily used area by users from Vail and beyond. Two current issues in the park warrant
discussion 1) the park is a multi -use neighborhood park and 2) excessive dog waste.
Staff Recommendation: Staff recommends that a neighborhood meeting at the park should be
the first step in resolving the issues outlined above. Proper notice should be provided, and
several staff and council members should plan to attend.
Town Council Meeting Minutes of June 6, 2017 Page 4
Barrie spoke with council concerning year around excessive dog waste being a problem at
Stephens Park. The park is a multi use neighborhood park that allows dogs to be off the leash
while the animal is within the turf area. The park can become very busy with not just the
neighborhood residents but also drivers stopping at the park as they are passing through town
on 1-70. The off -leash area at the park had been put on suspension in previous years due to
accumulation of dog waste. Barrie suggested advertising a community meeting to educate and
discuss the problems before suspending the use of the off leashed area.
Bill Suarez, Vail resident, expressed concern if the off -leash area was suspended at Stephens
Park the problem would move to Big Horn Park in East Vail. Suarez asked if there could be a
designated off -leash area at Donovan Park.
Council agreed with hosting a community wide outreach on June 20 to educate park users and
to provide them with tools to help enforce waste cleanup. Neighborhood watch would be
encouraged.
6. Action Items
6.1. First reading of Ordinance No. 4, Series of 2017, an ordinance for a prescribed regulations
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the
Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee.
Presenter(s): Tom Kassmel, Town Engineer and Chris Neubecker, Chief Planner
Action Requested of Council: Approve, amend or deny on Ordinance No. 4 Series 2017 on first
reading.
Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an
updated transportation impact fee. The impact fee is proposed to codify the current traffic
mitigation fee to help fund future transportation related projects identified in the Vail
Transportation Master Plan. The proposed fee will be applied in all zone districts, and will
require developers to pay their proportional share for the necessary transportation infrastructure
improvements that are directly related to the impacts created by the new development.
Staff Recommendation: Approve Ordinance No. 4 Series 2017 on first reading.
Neubecker reviewed the ordinance with council explaining the proposed transportation impact
fee would apply to new developments, including creation of any new residential dwelling units,
or any new commercial floor area. The fee would not apply to residential remodels where no
additional units are added, or to commercial remodels that do not increase square footage. This
new fee would be paid by the owner or developer, and would be collected by the Community
Development Department at the time of issuance of a building permit. Revenues from this fee
would be used by the Town of Vail for new transportation related infrastructure projects that are
necessary due to the increased traffic from the incremental new development.
Council questioned if adopting impact fees in the categories of accommodation unit and
commercial square feet would be a bad policy since these types of units already pay sales tax.
Additionally, Council suggested adding a fee for core area single family and reduce the noncore
area fees as to reflect the same fees as the core area.
Mark Berman, with Vail Board of Realtors, stated his board opposes the impact fees and would
prefer the town elections to fund infrastructure projects for greater equity.
Town Council Meeting Minutes of June 6, 2017 Page 5
Council agreed to not take action on Ordinance No. 4, Series of 2017 to allow staff to make
changes. The Town Attorney reminded council the impact fee would not be legally applied
unless it is codified.
6.2. First Reading of Ordinance No. 5, Series of 2017, an ordinance of the Vail Town Council
approving an encroachment into an existing view corridor to accommodate modifications to the
Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C, Vail Village Filing 1,
and setting forth details in regard thereto.
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Approve, approve with modifications, deny Ordinance No. 5,
Series of 2017.
Background: The Hill Building is impacted by three adopted view corridors. One of the view
corridors is not affected by the proposed application to renovate the building. A second corridor
is affected, however, the building currently encroaches into the view corridor and the applicant is
proposing to significantly reduce the encroachment and substantial improve the view through
the corridor. The third view corridor will be affected by a minimal increase in the height of the
building and a chimney. In order to allow for this increase in height to occur, a view corridor
encroachment must be approved by the Vail Town Council.
Staff Recommendation: The Town of Vail Planning & Environmental Commission has reviewed
the proposed view corridor encroachment request. Upon review of the request, the Commission
has forwarded its recommendation of approval to the Vail Town Council of the request, as
proposed. In making their recommendation, the Commission found that the proposed
encroachment complied with the criteria for review as outlined in the Vail Town Code.
Therefore, the Commission recommends the Vail Town Council approve Ordinance No. 5,
Series of 2017 as read.
Ruther reviewed the ordinance with council explaining the applicant is requesting a review of an
Exterior Alteration, pursuant to Section 12-7B-7, Exterior Alterations or Modifications, Vail Town
Code, to allow for a renovation to the Hill Building and a request for a recommendation to the
Vail Town Council on an application for encroachments into an existing view corridor, pursuant
to Section 12-22-6, Encroachments Into Existing View Corridors, Vail Town Code, to allow for
encroachments into View Points #1 and #4 for modifications to the Hill Building, located at 254
and 311 Bridge Street. The scope of work of the proposed renovation included:
• No change in existing uses (i.e. ground floor or street level retail, second floor and
above residential.
• An extensive renovation to the exterior materials of the building.
• Overall decrease of gross residential floor area (- 94 square feet).
• Increase of retail floor area of 76 square feet.
• Reduction in site coverage (- 371 square feet).
• Minor modifications to the massing and overall height of building (60% 33 ft. or
less/40% < 43 ft.).
• Increase in softscape landscape area (+ 5 square feet).
• Maintain the existing non -conforming enclosed parking space within the structure.
The proposed renovation is in compliance with the development standards prescribed by the
Commercial Core I zone district. Though the Hill Building is directly affected by three of
protected view corridors in Vail Village, the applicant is proposing to comply with said view
corridors, and is therefore, not proposing to either amend or encroach into the protected view
corridors. The majority of the renovation occurs to the exterior of the building and on the
second floor and above levels of the building.
Town Council Meeting Minutes of June 6, 2017 Page 6
Applicant representative, Tom Braun with Braun Associates, provided a PowerPoint outlining
the project and the proposed view corridor encroachments to View Corridor 1. The
encroachment would be caused by 2- two foot chimney caps and raising the roof ridge up 6
inches to building code and installation requirements.
A few council members felt the encroachments are minimal and project would be an
enhancement to the village. Other council members felt the view corridor is sacred and
suggested alternatives for the applicant such as a gas fireplace; which would not require a
chimney to impact the view corridor.
There was no public comment.
Moffet made a motion to approve Ordinance 5, Series of 2017 as read; seconded by Foley;
approved 4-2 (Bruno and Cleveland opposed)
6.3. Reschedule Regular Meeting on July 4, 2017 to July 11, 2017
Action Requested of Council: Motion to Reschedule Regular Meeting on July 4, 2017 to July 11,
2017.
Background: The Code provides for action when changing regular meeting day as follows:
1-5-11: REGULAR AND SPECIAL COUNCIL MEETINGS
A. Regular Meetings:
1. Time And Place: The council shall meet regularly at least twice monthly at a day and hour to
be fixed by the rules of the council. The meeting time shall be established at the town council's
first organizational meeting to be held within seven (7) days from the election as described in
section 1-5-3 of this chapter.
2. Deferment: In the event a regular meeting pursuant to subsection Al of this section would fall
on a legal holiday recognized by the town or a regular meeting cannot for good reason be held
by the town council on a regular meeting date, the regular meeting shall automatically be held
on the next secular day at the same time and place; provided, however, that for good cause the
council at a regular meeting preceding the regular meeting which will be deferred may defer the
regular meeting to a subsequent
Cleveland moved to move the regular scheduled Town Council meeting on July 4, 2017 to July
11, 2017; seconded by Moffet; approved 6-0.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed 6-0 and the meeting adjourned
at 8:25 p.m.
Attest:
tfully
J■ I t
lave - i a ._.1,W1
Town Council Meeting Minutes of June 6, 2017 ��\ Page 7
Vail Town Council Meeting Minutes
Tuesday, June 20, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Staff members present: Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
1. Citizen Participation
Diane Carpenter, resident Village Center, lodged her concerns about a recent incident she
had with access to her residence during the Go Pro Mountain Games. She cited safety and
access issues caused by the town's events schedule noting there should be further
consideration given to both concerns. She also noted safety issues surrounding those
children playing next to the Gore Creek.
Michael Cacioppo inquired about citizen participation timeframes; he noted the time limits
should not be used.
Mike Imhof, Vail Valley Foundation, thanked the Town of Vail for their partnership and
commented on the success of the Go Pro Mountain Games. He also recognized the concerns
raised by some of the residents impacted by the event and noted their staff would be
reviewing all matters surrounding the event with their commitment to producing a high level
event.
John Kirchner, resident, shared his opinion of short-term rental as a negative in his
neighborhood.
Susie Tjossem, Colorado Snowsports Museum, shared some information about the museum's
current capital project upgrades, noting both private and public funding to support the effort.
She noted there is some diligence being performed to determine the possibility of circulating
an initiative petition to increase the lodging tax to support funding the museum. She noted
some public support and wanted the council to be informed on the matter as well.
Martha Brassel, Vail International Dance Festival, thanked the Town for support of the
upcoming season; she circulated the dance programming.
Reggie O'Brien, Bald Mountain Townhomes, thanked the Town Council for the support with
their berm construction project.
Town Council Special Meeting Minutes of June 20, 2017 Page 1
2. Consent Agenda
2.1. May 2, 2017 Town Council Meeting Minutes
2.2. Resolution No. 20, Series of 2017, Resolution approving an amended and updated
Noxious Weed Management Plan; and setting forth detail in regard thereto
2.4. Intermountain Fuels Reduction Project - Helicopter Logging Contract Award
Moffet moved to approve 2.1, 2.2, 2.4 consent items; Bruno seconded the motion and it passed
(7-0).
2.3. Resolution No. 21, Series of 2017, Intergovernmental Agreement Between the Town of
Vail and the United States Forest Service for Timber Sale Associated with Intermountain Fuels
Reduction Project
There was some discussion about the IGA and the amount assessed by the U.S.F.S. ($348.05)
for the timber sale value when the Town of Vail would be covering the cost of the project with no
assistance from the federal government (costs approved were $612,394). Moffet moved to
approve Resolution No. 21, Series of 2017 and the motion passed (5-2; Cleveland and Foley
no).
3. Presentation/Discussion
3.1. Stephens Park Off -leash Area Discussion
Presenter(s): Gregg Barrie, Senior Landscape Architect
Action Requested of Council: Provide staff with direction in regards to the dog waste issue
based on the provided recommendations and input received from the public.
Background: Stephens Park is a neighborhood park that provides a designated off -leash area.
Since the off -leash designation in 2004, there have been two consistent issues: 1) the loss of
the turf area for neighborhood use and 2) excessive dog waste being left in the park.
Staff Recommendation: Staff recommends reviewing the ideas presented in the Memorandum
in conjunction with input from the community and providing direction to staff towards improving
education, signage and enforceable measures. Staff also recommends altering the existing
designated off -leash area to include the Gore Creek access point at a later date.
A brief presentation about the background and some recommended solutions, both completed
and proposed, were given by Gregg Barrie. Chapin expressed his support of using the
neighborhood to help solve the issues; he opened this time for public comments and a number
of residents were present with input as follows:
Jane Taylor presented a number of suggestions to help remedy the situations, patrols at peak
use time, before & after work, create a pickup patrol, conduct frequent community park
cleanups, educate the neighborhood, more signage, reserve for dogs first and then children,
prove more poop utensils, address those using the park who are not in the neighborhood.
Tim McGraw noted that he did not see the misuse of the park by dog owners. He suggested
changing the signage,
Town Council Special Meeting Minutes of June 20, 2017 Page 2
Walter Dandy expressed his support of the allowed use in the park and requested the town
not discontinue that use.
Blondie Vucich expressed the need for a "neighborhood task force" to take on the watch dog
role similar to what she helped launch in the Bighorn Park neighborhood, a very successful
endeavor to ensure their park remains usable for everyone.
Others supported the notion to activate a group to monitor and actively engage the up keep of
the park. Council's input encourage the group to take on the ownership of keeping the area in
acceptable condition; they noted that town staff are likely doing too much dog waste clean up
and it is the responsibility of the dog owners now. It was noted that staff return with an update
later in the summer.
4. Town Manager Report
4.1. Chamonix Vail Neighborhood Project Update (verbal report)
Presenter(s): George Ruther, Director of Community Development
The update noted the project was a few days ahead of schedule and on budget; there would be
some slight overages due to the need for further soils testing. Staff would be working with the
owners' list to complete additional paperwork related to deposits and purchase and sale
agreements.
5. Action Items
5.1. Ordinance No. 4, Series of 2017, First Reading, An ordinance for a prescribed
regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend
Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve, amend or deny on Ordinance No. 4 Series 2017 on first
reading.
Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an
updated transportation impact fee. The impact fee is proposed to codify the current traffic
mitigation fee to help fund future transportation related projects identified in the Vail
Transportation Master Plan. The proposed fee will be applied in all zone districts, and will
require developers to pay their proportional share for the necessary transportation infrastructure
improvements that are directly related to the impacts created by the new development.
Staff Recommendation: Approve Ordinance No. 4 Series 2017 on first reading.
Kassmel presented background and a recommendation for using the maximum transportation
impact fee schedule in light of the projected costs related to future growth and needs for
mitigating the transportation impacts. The table below reflects a revised schedule that would
subsidize uses such as employee housing, accommodation units, commercial uses, and
equalize the core area fees with the outside core area fees:
Town Council Special Meeting Minutes of June 20, 2017 Page 3
Revised Fee Schedule & Projecred Revenue —June ti'. 2017 Council Input
Development Type
Additional
Development
Units
Fee Per
Development
Unit
Projected.
Revenue
Percent
of Impact
Fee
:Mr.ll iMg.. TWu.al nIV :.r•.b1Ul Uyle fa.ni'y 1 r ti.e CUIe 1..-ral
70`
5 5,950 DO
5 4,2c1.56000
20`.4
Jwr','I np..T•.vu iel t I-::• :'ultirle ren, y :•„L•.deth Core. 'meal
55-1
5 5.9E) X
5 3.3C1.54D.X
15%
Dwell tng. ilr`. eitt r.a•.I'v
12"
5 3.6556:0
5 11f2.325.1X
6%
rrrpl yve 1,..., IL l.-.• 1 r,. it e Curr t.•,.,,,
51
5 -
S
pa,
_anpl,_rre N..csit L 1.-..t 0 ...1 , ;:e LI, Corr M1• •al
]1:
s -
j
Cl.:
At.turr rrodatiun Jr- il: n Ctrru A.reat
27:
5
5
0%
Ata.uritmudatiurr'Jr it;C'4 l: r NJ, Caro• Al ret
102
5
j
0',*:
Resta ctai :t & 9e;s.1 5,1 abl :,1-rle't1
22xc?:
5 -
5 -
0°-
, 4,1 .tre: .1t'.Yith Ca,
:1.11.1
,,
j
CP:
Oft:•..Le &. Other Se ivl -•-
a.x:
$
5
0'?s
5 8.665 .5,6t1 r.X,
42`%
The net effects of revising the fee scnedule are:
• a reductior in projected revenue from S21 Million to $8.7 M ---Ikon,
• an increase in the Town Vail's taxpayer responsibility by S12.3 Million.
• reimbursement of 5624,000 to the Vail Valley Medical Center ('AMC I per
the existing VVMC Developer Agreement (DA). However. if Facility
Health Care s rot selected to be subsidizes then no reimbursement is
required and VVMC will likely pay an additional --$500,000+.
Chapin invited public input at this time.
Tom Braun, Braun & Associate's, Inc., requested further review of the fee structure to better
accommodate the medical facility that already provides a positive economic impact to the
community.
Michael Cacioppo reminded the community the hospital is a not for profit hospital which does
not submit property taxes to the town coffers.
One other suggestion was to increase sales tax in order to offset the transportation impacts.
Council comments included:
✓ The adoption of this fee and policy opposes their position of pro development in the town
✓ The fee needs to be codified in light of the fact that it is currently being collected, but it is not
required to be collected
✓ Suggestion to eliminate the use tax if this fee is adopted
✓ Revise fee schedule down; it is too high
✓ Revise the timing of the payment to the end of the development
Moffet moved to approve Ordinance No. 4, Series of 2017, First Reading, An ordinance for a
prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to amend Title 12 of the Vail Town Code with the addition of a new Chapter 26, Transportation
Impact Fee, with the condition to remove the "employee housing units" from the fee schedule
and noting the findings made in the council packet memo dated June 20, 2017. Langmaid
seconded the motion and it passed (7-0).
5.2. Ordinance No. 8, Series 2017, First Reading, Ordinance making budget adjustments to
the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund of the
2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth
herein; and setting forth details in regard thereto
Presenter(s): Carlie Smith, Budget Analyst
Town Council Special Meeting Minutes of June 20, 2017 Page 4
Budget Summaries included the following highlights:
General Fund
In addition to the proposed reduction of budgeted sales tax revenue of $350.3K, budgeted
revenue will be adjusted by an increase $42,780 directly offset by the following corresponding
expenditures:
• $12,052 of state funding for the Northwest Incident Management Team training exercise that
occurred May 18th -20th in Rio Blanco County.
• $25,000 of state funding for the Northwest Incident Management Team exercise in
Keystone, CO taking place in September.
• $1,228 reimbursement from the Vail Valley Medical Center Foundation for children's books
purchased for the Foundation's "Books for Babies" initiative;
• $4,500 use of Library grant funds from the state of Colorado to be used to purchase books,
audio visual material, and other electronic and education recourses.
Overall increase in budgeted expenditures of $253,780 which includes $42,780 related to
expenditures corresponding to the reimbursements above and $10,000 related to off -cycle
contributions recommended by staff. The remaining $201,000 of expenditures includes:
• $76,000 for extended bus service for the East Vail enhancement pilot program approved by
council on April 18th. Cost of the extended service will be allocated $47,120 to seasonal
salaries and $28,880 for bus operations (fuel and fleet maintenance charges).
• $75,000 to Safebuilt for additional plan review services due to increased demand.
• $50,000 to increase fire overtime.
It was noted the off -cycle contributions are included in this budget request based on staff
recommendations. The funding requests recommended include $10,000 to the Vail Chamber
and Business Association (VCBA) to support the Pioneer Weekend event; $5,000 to the Vail
Valley Mountain Bike Association for the Adopt a Trail program funded out of the Real Estate
Transfer Tax fund.
Capital Projects Fund
In addition to the proposed reduction of budgeted sales tax revenue of $214.7K, budgeted
revenue will be adjusted by an increase of $500,000. This includes $45,000 of reimbursement
from the Holy Cross Community Enhancement Fund, directly offset by corresponding
expenditures for engineering costs approved by council on June 2nd to pursue the first phase of
Big Horn Road and South Frontage Road underground energy projects. The remaining
$455,000 is a revenue reimbursement from the traffic impact fee funds that will be used to offset
design and planning costs for the S. Frontage Road improvements between the Vail Valley
Medical Center and the Lionshead parking structure. The expenditures for this project were
approved by council during the 1st budget supplemental in April.
Staff is requesting an overall increase in budgeted expenditures of $92,825 which includes
$45,000 related to expenditures corresponding to the reimbursements above. The remaining
$47,825 of expenditures requested for new projects and project increases include:
• $13,050 for an upgraded financial reporting module in the existing financial management
software. The current report writing module will no longer be supported with software
updates by the software company.
• $1,000 to complete the Community Development permits software.
• $8,775 for a ProjectDox software upgrade. This is plan review software utilized by
Community Development, Fire, and Public Works. The current version of the software will no
longer be supported as of Jan 2018.
• $25,000 for ProjectFlow, an add-on software to be utilized with the ProjectDox system. This
system enhancement allows for greater flexibility and efficiency within the plan review
Town Council Special Meeting Minutes of June 20, 2017 Page 5
software; allowing for review prioritization, upgraded reporting, plan review time
management, along with additional customization tools to enhance customer experience.
The following requests have no impact on overall budgeted expenditures in the capital projects
fund:
■ $15,000 to be transferred to the ResortApp project budget from savings in the audio visual
project budget for the new lodging feature in the Vail Application.
Real Estate Transfer Tax Fund
Staff is proposing an overall increase of budgeted expenditures in the Real Estate Transfer fund
of $5,000 to fund the Vail Valley Bike Association for the Adopt a Trail program as part of the
off -cycle council contributions. Water Quality projects for the town are currently documented in
four separate project codes. In working to clarify the various projects underway, and to better
align the budgets to those projects, staff proposes a reallocation of the budgeted dollars into
newly named projects. This will improve the tracking of actual expenditures to budget for each
project according to the approved purposes of the budgeted funds. In total, the budget for these
projects does not change. The following table summarizes the current water quality budgets
compared to the proposed new project allocations. The projects highlighted in green have been
re -named and the budget dollars reallocated.
Water Ouality Project Budgets
Current
Proposed
5treabankttract Mitigation
471.575
-
Water Quality/ Storni Water
1.458,565
-
East `fail Water Quality TAPS
1.125.111
1.125. 111
East Vail Interchange
988.807
988.8007
NEW Streamtract EducationfMitigation
-
273.199
NEW Water Quality Infrastructure
-
1.520.255
NEW Sireambank Restoration
-
636.818
Total
5 4,544,17 8
$ 4,544.178
Several questions were raised about the requests related to fire department overtime, the need
to see an update on the Vail App, and the funding request for the trails maintenance only be for
trails in Vail with a request the group return during the 2018 budget cycle. Foley moved to
approve Ordinance No. 8, Series 2017, First Reading, Ordinance making budget adjustments to
the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund of the
2017 Budget for the Town of Vail, Colorado and authorizing the said adjustments as set forth
herein; and setting forth details in regard thereto. Moffet seconded the motion and it was
clarified trail funding support Vail trails only. The motion passed (7-0).
6. Public Hearings
6.1. Ordinance No. 5, Series of 2017, Second Reading, An Ordinance of the Vail Town
Council approving an encroachment into an existing view corridor to accommodate
modifications to the Hill Building, located at 254 and 311 Bridge Street, Lots C & L, Block 5C,
Vail Village Filing 1, and setting forth details in regard thereto
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 5,
Series of 2017.
Background: The Hill Building is impacted by three adopted view corridors. One of the view
corridors is not affected by the proposed application to renovate the building. A second corridor
is affected, however, the building currently encroaches into the view corridor and the applicant is
Town Council Special Meeting Minutes of June 20, 2017 Page 6
proposing to significantly reduce the encroachment and substantial improve the view through
the corridor. The third view corridor will be affected by a minimal increase in the height of the
building and a chimney. In order to allow for this increase in height to occur, a view corridor
encroachment must be approved by the Vail Town Council.
Staff Recommendation: The Town of Vail Planning & Environmental Commission has reviewed
the proposed view corridor encroachment request. Upon review of the request, the Commission
has forwarded its recommendation of approval to the Vail Town Council of the request, as
proposed. In making their recommendation, the Commission found that the proposed
encroachment complied with the criteria for review as outlined in the Vail Town Code.
Therefore, the Commission recommends the Vail Town Council approve Ordinance No. 5,
Series of 2017 as read.
Tom Braun presented the application request for the view corridor encroachment for the Hill
Building. Chapin opened the public hearing and invited input and Jim Lamont and Jeff Babb,
VRI, addressed the need to use the "loading and delivery" facility; Babb confirmed that would be
the case for this project. Cleveland expressed concern in granting the encroachment for this
project would only set precedence for other encroachments and noted that their role is to
preserve all view corridors. Moffet moved to approve Ordinance No. 5, Series of 2017, Second
Reading, An Ordinance of the Vail Town Council approving an encroachment into an existing
view corridor to accommodate modifications to the Hill Building, located at 254 and 311 Bridge
Street, Lots C & L, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto, and
referenced the conditions and findings outlined in the staff memo to the PEC dated May 8,
2017. Langmaid seconded the motion and it passed (5-2; Bruno and Cleveland no).
6.2. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special
Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A),
Special Development Districts, Vail Town Code, to allow for the development of a mixed use
building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19
accommodation units and 10 employee housing units, located at 430 and 434 South Frontage
Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The purpose of this first meeting before the Town Council is to
provide an introduction to the project and its varied components. Staff and the applicant will
make an introductory presentation on the application during the evening public hearing,
following a site visit scheduled during the afternoon session. As such, the Community
Development Department and the applicant recommend the Vail Town Council continue first
reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special Development
District No. 42 (Vail Mountain View Residences) to the July 11, 2017 Town Council meeting.
Background: The applicant, Lunar Vail LLC, represented by Marl Planning Group, is requesting
a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special
Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail
Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units
with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee
housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
Town Council Special Meeting Minutes of June 20, 2017 Page 7
Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to
the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the
PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval,
with conditions, to the Vail Town Council.
Chapin opened the public hearing at this time. Planner Jonathan Spence presented the Special
Development District application noting this time would be spent introducing the project and its
varied components. He noted both staff and applicant recommend the item be continued until
the July 11 meeting. The applicant, Lunar Vail LLC, represented by Mariello Planning Group,
requested first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special
Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail
Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units
with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee
housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
His slideshow presentation addressed a number of items including an introduction to the project
team below. He reviewed the schedule, identified the public benefits, shared information about
both Phase 1 and Phase 2 of the project, noting the deviations, the parking, diagrams of various
floor plans, EHU unit descriptions, comparisons with adjacent properties, and letters of public
support. See below for some detailed highlights of the topics presented in the slideshow.
PROJECT TEAM
PGte 7l.Lcr:.
P nfar-%7
C x-ralpt-r
-I 1-C'"', F- 7.r
PUBLIC BENEFITS IDENTIFIED
1 C E S9% OF FREE MARKET GRFA
HIGHLY FUNCTIONAL UNITS
IN VAIL VILLAGE
Jr lAt
ACCESS FROM FRONTAGE RD TO
GORE CREEK REC P,t,TH
18 AU 15 LOCK OFFS i. DV
VOLUNTARY SHORT TERM RENTALS
PUBLIC
BENEFITS
878 SF FOR FUTURE
ROADWAY IMPROVEMENTS
DEVIATIONS
SUGGESTED EY VVMP
UP TO 550.000
LLC.'
Town Council Special Meeting Minutes of June 20, 2017 Page 8
Dei iarioiis
-r -Jt such
deviation provides henefits to the town that
outwaigh tha adveree of -fort. ' •
1 r r basednn
evaluation of the proposed spocial
development district's fompliance with the
design crit rl::l
GE -RACKS
SLIGHT ENCROACHMENT ON Eg57 SIDE TO 15 ET
HEIGHT
DEN5I-r
GRE+
I.1iT 11.1:1.1 HEIGHT Of el.9 ET
14 5 UNITS'rS 5: VNI'S ALLOWED
15 917 5E vS l: 57' Se +. LLOW ED
SITE COVERAGE
It was noted that further review of the criteria and how the project meets these criteria would be
demonstrated at the next meeting. Steve Lindstrom, Vail Local Housing Authority, expressed
the authority members are very supportive of the project as it further meets their objectives to
solve the housing needs of the community. There was some additional discussion about the
housing component of the project. Moffet moved to continue the public hearing until July 11,
2017; Foley seconded the motion and it passed (7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 9:15 p.m.
Attest:
Town Council Special Meeting Minutes of June 20, 2017 Page 9
Vail Town Council Special Meeting Minutes
Tuesday, June 27, 2017
8:15 A.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 8:15 A.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Call to Order by the Mayor
2. Executive Session
2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) — to discuss the purchase,
acquisition, lease, transfer, or sale of property interests, Regarding: Potential Real Property
Acquisition
Presenter(s): Matt Mire, Town Attorney, and George Ruther, Director of
Community Development
Moffet made a motion to enter into executive session pursuant to the above recital; Foley
seconded the motion and it passed (7-0).
3. Action Item
3.1 Resolution No. 21, Series 2017, Resolution approving the purchase of Property in the Town
of Vail legally described as Gore Range Condominium II Unit #1-E, Eagle County, Colorado with
a physical address of 2189 Chamonix Lane, Vail Colorado; and setting forth details in regard
thereto.
Presenter(s): George Ruther, Director of Community Development
Moffet moved to approve Resolution No. 21, Series of 2017; Langmaid seconded the motion
and it passed (7-0).
4. Executive Session II
Town Council Special Meeting Minutes of June 27, 2017 Page 1
4.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop
a strategy and instruct negotiators, Regarding: Conduct Town Manager Interviews.
Presenter(s): Strategic Government Services, and Matt Mire, Town Attorney
Moffet made a motion to enter into executive session pursuant to the above recital; Foley
seconded the motion and it passed (7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 8:25 p.m.
Attest:
tfully
ve Chapi , Mayo
Town Council Special Meeting Minutes of June 27, 2017 Page 2
Vail Town Council Special Meeting Minutes
Tuesday, June 28, 2017
9:00 A.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 9:00 A.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Call to Order by the Mayor
2. Executive Session
2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop
a strategy and instruct negotiators, Regarding: Town Manager Search.
Presenter(s): Matt Mire, Town Attorney
Moffet made a motion to enter into executive session pursuant to the above recital; Foley
seconded the motion and it passed (7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 11:45 a.m.
Attest:
Town Council Special Meeting Minutes of June 28, 2017 Page 1
Vail Town Council Meeting Minutes
Tuesday, July 11, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kim Lang maid
Jen Mason
Greg Moffet
*Kevin Foley absent
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Citizen Participation
Diane Carpenter, resident Village Center, expressed her concerns for public safety and
residential access during the Go Pro Mountain Games and the Craft Beer Classic special
events. She stated residents who reside within the special event venue are being denied
access to their units during event times and she questioned if emergency vehicles could get to
a fire or a resident who needed medical assistance.
Stephen Connolly, Vail resident, asked council to consider having employee housing on top of
the proposed Red Sandstone Parking Structure. Connolly also asked about operational costs
of the parking structure.
Tom Ruemmler, Vail resident, requested council consider other revenue methods other than
impact fees.
Herman Staufer, Vail resident, expressed concerns on rental by owners (RBO) should only be
allowed in commercial areas and not residential areas. Staufer stated RBO's ruin the quality
of life for the property owner who lives here.
2. Consent Agenda
2.1. Minutes from May 16, 2017 meeting
2.2. Minutes from May 23, 2017 special meeting
2.3. Resolution No. 22, Series of 2017, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Colorado Department of Transportation Regarding
Town Council Special Meeting Minutes of July 11, 2017 Page 1
the Division of Transit and Rail "FASTER" Transit Grant and Setting Forth Details in Regard
Thereto.
2.4. Resolution No. 23, Series of 2017, A Resolution Approving an Estoppel Agreement
Between the Town of Vail Local Housing Authority and Lion's Ridge Apartment Homes, LLC
and Setting Forth Details in Regard Thereto.
Moffet made a motion to approve the consent agenda items; Bruno seconded; approved 6-0
3. Town Manager Report
George Ruther provided an update to council regarding the July 13 master housing lottery.
Housing applicants have expressed concern over the application process and how applicants
are "ranked" with a point system. Ruther stated the lottery would go forward with the current
process at the July 13`h lottery, but staff would present an updated selection criteria to council
later this year; which would be implemented in 2018.
4. Action Items
4.1. 12-13-5: Employee Housing Unit Exchange Program - A request authorizing the Town
Manager to execute a release of a deed restriction from an existing deed restriction.
Presenter(s): George Ruther, Director of Community Development and Lynne Campbell,
Housing Coordinator
Action Requested of Council: 12-13-5: Employee Housing Unit Exchange Program — A request
authorizing the Town Manager to execute a deed restriction release and approves the request
for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing
Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit
located at Lot 21W, Block 3, Vail Valley Filing 1/1358 A Vail Valley Drive, in exchange for the
placement of an employee housing deed restriction on another dwelling unit located at
Sandstone 70 Unit B Building 13/923 Red Sandstone Drive Unit B13.
Background: The owner of Lot 21W, Block 3, Vail Valley Filing /1358 A Vail Valley Drive that
has a non compliant 300 square foot Employee Housing Unit and requests to exchange this
EHU for placement of an Employee Housing Unit Deed Restriction on another dwelling unit
located at Sandstone 70 Unit B Building 13 / 923 Red Sandstone Drive Unit B13.
Staff Recommendation:
The Vail Local Housing Authority recommends the following motion be made:
"The Vail Town Council authorizes the Town Manager to execute a deed restriction release and
approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-
5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an
employee housing unit."
Ruther reviewed the request to release a deed restricted property located at 1358 Vail Valley
Drive Unit A and rerecord a deed restriction on a new property located at 923 Red Sandstone
Drive Unit B13 Red Sandstone Drive. The Vail Valley Drive unit had a non compliant 300
square foot employee housing unit. Whereas the Red Sandstone Drive unit has 864 square
feet.
There was no public comment.
Moffet made a motion to authorize the Town Manager to execute a deed restriction release and
approves the request for an exchange of an employee housing unit, pursuant to Section 12 -13 -
Town Council Special Meeting Minutes of July 11, 2017 Page 2
5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an
employee housing unit; Langmaid seconded the motion; motion passed 6-0
4.2. Ordinance No. 6, Series of 2017, First Reading, an Ordinance rezoning Lot 2E and Lot
2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1 (LMU-1) District to
the General Use (GU) District, and rezoning Lot F-1, Vail Village Second Filing Lot E and F, Lot
2E Vail/Lionshead, Second filing, Block 1, a Resubdivision of Lot 2, from General Use (GU)
District to Lionshead Mixed Use 1 (LMU-1) District, located at 180 and 250 South Frontage
Road West, and setting forth details in regard thereto. (PEC17-0015)
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 6, Series of 2017, upon first reading.
Background: On June 26, 2017, the Planning and Environmental Commission approved a final
plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re-
subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. A the same meeting,
the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail
Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead Second Filing,
and the creation of Lot 2E-1.
The proposed rezonings will allow for the Development Lots of the Vail Valley Medical Center
and the Evergreen Lodge to have consistent zoning designations. All of the lots subject to the
rezoning proposal meet the minimum lot size for their proposed new zoning designations and
comply with all applicable development standards.
Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission
unanimously forwarded a recommendation of approval to the Vail Town Council for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
rezone Lot 2E and Lot 2E- 1, Block 1, Vail Lionshead Second Filing, from Lionshead Mixed Use
1 (LMU-1) District to the General Use (GU) District, and to rezoning Lot F-1, Vail Village Second
Filing from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District.
Cleveland recused himself from the discussion as he is a member of the Vail Valley Medical
Center Board of Directors.
Spence, Town of Vail Planner, provided council with a brief background concerning Ordinance
No. 6, Series of 2017. On June 26, 2017, the Planning and Environmental Commission
approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to
allow for the re- subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. At
the same meeting, the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor
Subdivisions, Vail Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead
Second Filing, and the creation of Lot 2E-1. The proposed rezonings will allow for the
Development Lots of the Vail Valley Medical Center and the Evergreen Lodge to have
consistent zoning designations. All of the lots subject to the rezoning proposal meet the
minimum lot size for their proposed new zoning designations and comply with all applicable
development standards.
There was no comment from council or the public.
Moffet made a motion to approve, on first reading, Ordinance No. 6, Series of 2017, an
ordinance rezoning of Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from
Lionshead Mixed Use 1 (LMU-1) District to the General Use (GU) District, and a rezoning of Lot
Town Council Special Meeting Minutes of July 11, 2017 Page 3
F-1, Vail Village Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a
Resubdivision of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1)
District, located at 180 and 250 South Frontage Road West, and setting forth details in regard
thereto. Bruno seconded the motion; approved 5-0
4.3. Ordinance No. 7, Series of 2017, First Reading, an Ordinance for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area
for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village
Second Filing, and setting forth details in regard thereto. (PEC17-0023)
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 7, Series of 2017, upon first reading.
Background: The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to
include Lot F-1 within this mapped area. Altering the map will place the entire Evergreen Lodge
Development Lot within the Commercial Core Area, ensuring that there is one set of consistent
parking regulations in place for future redevelopment of the site.
Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission
unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed
regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend
Section 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial
Core Area for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1,
Vail Village Second Filing.
Spence reviewed Ordinance No. 7, Series of 2017 with council. On June 26, 2017, the Planning
and Environmental Commission unanimously forwarded a recommendation of approval to the
Vail Town Council for a prescribed regulation amendment, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Section 12-10-19 Core Areas Identified, Vail Town
Code, to include Lot F-1 in the Commercial Core Area for parking regulations purposes, located
at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing. The applicant is
proposing to alter the Core Area Parking Map II, Lionshead, to include Lot F-1 within this
mapped area. Altering the map will place the entire Evergreen Lodge Development Lot within
the Commercial Core Area, ensuring that there is one set of consistent parking regulations in
place for future redevelopment of the site. This request follows a minor subdivision request to
create Lot F-1 and a Zone District Boundary Amendment to rezone the newly created lot from
General Use (GU) District to the Lionshead Mixed Use 1 (LMU-1) District. The new lot will
become part of the Development Lot for the Evergreen Lodge which also consists of Lot 2W of
Vail Lionshead Second Filing. The concept of different parking schedules for different parts of
the Town of Vail was codified via Ordinance No. 9, Series of 2000. This ordinance and
accompanying map distinguished Vail's Commercial Core Area from other parts of town for the
purposes of determining parking requirements. Due to the concentration of uses and the mixed-
use nature of the Villages, it was determined that parking requirements should be less within the
villages than in other commercial or residential parts of town. The Core Area Parking Map was
most recently modified via Ordinance No. 9, Series of 2011, to include the future Ever Vail
project within its boundary for the consideration of parking requirements. (It should be noted that
the 2011 amendment to the map does not take effect until the recordation of the Ever Vail
subdivision final plat. The Ever Vail subdivision, and the related amendment to the map, expires
on December 31, 2020). Included in proposed Ordinance No. 7, Series of 2017 is a trigger
mechanism that enacts the prescribed regulation amendment upon the recordation of the
associated plat creating Lot F-1.
Town Council Special Meeting Minutes of July 11, 2017 Page 4
Spence stated, on June 26, 2017, the Planning and Environmental Commission unanimously
forwarded a recommendation of approval to the Vail Town Council for a prescribed regulation
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the Commercial Core Area
for parking regulations purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village
Second Filing.
There was no comment of council or the public.
Moffet made a motion to approve, on first reading, Ordinance No. 7, Series of 2017, an
ordinance prescribed regulation amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to amend Title 12, Sections 12-10-19 Core Areas Identified, Vail Town Code, to
include Lot F-1 in the Commercial Core Area for parking regulations purposes, located at 250
South Frontage Road West/Lot F-1, Vail Village Second Filing, and setting forth details in regard
thereto. Bruno seconded the motion; approved 6-0
5. Public Hearings
5.1. Second reading of Ordinance No. 4, Series of 2017, an ordinance to amend Title 12 of
the Vail Town Code with the addition of a new Chapter 26, Transportation Impact Fee.
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve on Second Reading Ordinance No. 4, Series 2017
Background: In 2016, the Town of Vail hired the consulting firm TischlerBise to develop an
updated transportation impact fee. The impact
fee is proposed to codify the current traffic mitigation fee to help fund future transportation
related projects identified in the Vail Transportation Master Plan. The proposed fee will be
applied in all zone districts, and will require developers to pay their proportional share for the
necessary transportation infrastructure improvements that are directly related to the impacts
created by the new development.
Staff Recommendation: Approve on Second Reading Ordinance No. 4, Series 2017
Kassmel, reviewed the changes to Ordinance No. 4, Series of 2017 since second reading with
council. The proposed transportation impact fee would apply to new developments, including
creation of any new residential dwelling units, or any new commercial floor area. The fee does
not apply to residential remodels where no additional units are added, or to commercial
remodels that do not increase square footage. This new fee would be paid by the owner or
developer, and would be collected by the Community Development Department at the time of
issuance of a building permit. Revenues from this fee would be used by the Town for new
transportation related infrastructure projects that are necessary due to the increased traffic from
the incremental new development. Kassmel stated the recommended fee schedule was based
on the allowable fees as determined by the nexus study completed by TischlerBise. The fee
schedule can be reduced by some percentage as long as the reduction is equally applied over
all uses. However by reducing the fee, Council recognizes that the shortfall of revenue
projection will have to be made up by the Town. In general, for every 5% reduction in fees, the
Town would need to subsidize an additional $900,000.
Jim Lamont, Vail Homeowners Association, expressed concern approving the ordinance on
second reading. Lamont suggested the Town goes through a master plan process to
understand the magnitude of the growth.
Town Council Special Meeting Minutes of July 11, 2017 Page 5
Tom Ruemmler, Vail resident, stated taxing a new development was not the answer and
suggested raising sales tax to pay for infrastructures. Ruemmler felt it was better to spread it
over the entire community not just the new development; which was a small percentage.
Tom Braun, Braun and Associates, was concerned the fee structure needed to have more time
to outline and suggested the fee structure go through a work session first.
Dominic Mauriello, Mauriello Planning Group, suggested a critical review of the Vail
Transportation Master Plan as well.
Kassmel responded to the public concerns related to growth projections and future
transportation needs by explaining the fee schedule would be adopted by resolution; which
would allow for the schedule to be easily changed.
Council asked Kassmel how many times this subject has been discussed; which Kassmel
responded nine times throughout the process. Kassmel went on to say emails have been sent
to local developers throughout the process as well. Some council members were uncomfortable
with the fees as proposed.
Moffet made a motion based upon the review of the criteria outlined in Section V of the Staff
memorandum to the Planning and Environmental Commission dated May 8, 2017 and the
evidence and testimony presented, the Vail Town Council finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the
development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a manner that
conserves and enhances its natural environment and its established character as a resort and
residential community of the highest quality. The motion was seconded by Bruno; approved 4-2
(Moffet and Mason opposed).
5.2. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special
Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-9(A),
Special Development Districts, Vail Town Code, to allow for the development of a mixed use
building consisting of 12 dwelling units with 15 attached accommodation units (lock -offs), 19
accommodation units and 10 employee housing units, located at 430 and 434 South Frontage
Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 9, Series of 2017, upon first reading.
Background: The applicant, Lunar Vail LLC, represented by Marl Planning Group, is requesting
a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special
Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail
Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units
with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee
housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to
Town Council Special Meeting Minutes of July 11, 2017 Page 6
the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the
PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of approval,
with conditions, to the Vail Town Council.
Dominic Mauriello, Mauriello Group, represented the applicant. Mauriello requested Ordinance
No. 9, Series of 2017 be tabled and public hearing be moved to the July 18th meeting to allow
time to work with staff.
Council expressed concern regarding tabling the item to the July 18th meeting because the
Japanese delegation would be here at that time to discuss a possible sister city exchange and
there would not be enough time allowed for the public to comment on the ordinance.
Moffet made a motion to table Ordinance No. 9, Series of 2017 to the August 1St council
meeting; seconded by Bruno; motion passed 6-0
5.3. Second reading of Ordinance No. 8, Series 2017, an Ordinance making budget
adjustments to the Town of Vail General Fund, Capital Projects Fund, and Real Estate Transfer
Tax Fund.
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No. 8, Series
2017
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 8, Series 2017
Smith stated to council there were no changes since the first reading of Ordinance No. 8, series
of 2017. Smith reviewed a 2017 off -cycle contribution request from Vail Memorial Park for
$50,000 to assist with operating expenses in order to proceed with Phase III of the Vail
Memorial Park Foundation master plan.
Joe Hanlon, Vail Memorial Park representative, stated the request was for construction and
expansion of the park this fall.
Moffet made a motion to approve Ordinance No. 8, Series of 2017 on second reading with the
change to include the $50,000 request from Vail Memorial Park to be repaid to the Town;
seconded by Mason; approved 5-1( Cleveland opposed).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned
at 8:55 p.m.
Attest:
ave Chap
Ta
eputy ' s n Clerk
Town Council Special Meeting Minutes of July 11, 2017 Page 7
Vail Town Council Meeting Minutes
Tuesday, July 18, 2017
3:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 3:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Kim Langmaid
Jen Mason
Greg Moffet
Kevin Foley
*Dick Cleveland absent
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Citizen Participation
There were no citizen comments.
2. PEC Update
2.1. PEC Update
Presenter(s): Chris Nuebecker, Senior Planner
Nuebecker reviewed the PEC results with the Council.
3. Executive Session
3.1. C.R.S. §24-6-402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale
of property interests; to receive legal advice on specific legal questions; and to determine
positions, develop a strategy and instruct negotiators, regarding: Parking Structure at RSES.
Presenter(s): Matt Mire, Town Attorney
Moffet made a motion to enter into executive session per the above recitals; Foley seconded the
motion; motion passed 6-0
4. Information Update
4.1. VLHA Meeting Results
4.2. CSE Meeting Minutes, July 5, 2017 DRAFT
4.3. VEAC Meeting Minutes, July 11, 2017
5. Matters from Mayor, Council and Committee Reports
Town Council Special Meeting Minutes of July 18, 2017 Page 1
Council members reported on various items regarding VRD parking solutions, bike path from
Golden Peak to Sunburst, emergency action plan during special events and the nature center.
6. Presentations / Discussion
6.1. Business Meeting with Yamanouchi-machi Japan Delegation
Introductions
Vail Presentation
Yamanouchi-machi Presentation
Presenter(s): Dave Chapin, Mayor and Vail Town Council
Action Requested of Council: No action requested.
Background: Souichi Nakamura, the representative appointed by Governor Suichi Abe,
Governor of Nagano and Mayor Takefushi, Yamanouchimachi, Japan, presented a proposal on
March 21, 2017 to explore a Sisterhood exchange relationship between Vail and Yamanouchi
Machi,
Council and the Japanese delegation began the business meeting by exchanging business
cards and introduced themselves to each other. Afterwards, Mayor Chapin presented a
Powerpoint that highlighted the various special events, activities and life style of Vail and
Yamanouchimachi Mayor, Mr. Takefushi, presented a video that highlighted his village and the
environmental sustainability efforts his community has made. Kristen Bertuglia, Town of Vail
Environmental Sustainability Manager, spoke with the group on the steps the Town has made
and currently making to become a certified sustainable destination.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned
at 5:00 p.m.
Town Council Special Meeting Minutes of July 18, 2017 Page 2
Vail Town Council Special Meeting Minutes
Thursday, July 27, 2017
9:00 A.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 9:00 A.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Call to Order by the Mayor
2. Executive Session
2.1 Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop
a strategy and instruct negotiators, Regarding: Town Manager Search.
Presenter(s): Matt Mire, Town Attorney
Moffet made a motion to enter into executive session pursuant to the above recital; Foley
seconded the motion and it passed (7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 11:45 a.m.
Attest:
Town Council Special Meeting Minutes of June 28, 2017
Page 1
Vail Town Council Meeting Minutes
Tuesday, August 1, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kim Langmaid
Greg Moffet
Kevin Foley
Jen Mason *absent until 7:58 P.M.
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Citizen Participation
Penny Wilson, Vail resident, thanked the Town Council and Town Engineer, Chad Sali, for their
responsiveness to the berm project on Bald Mountain Road.
Steven Connolly, Vail resident, relayed an experience he had during a Bravo concert and the
noise from the interstate. Connolly suggested a retractable roof for the amphitheater or more
enforcement of the jake-brake ordinance.
2. Consent Agenda
2.1 June 6, 2017 Town Council Meeting Minutes
2.2. June 20, 2017 Town Council Meeting Minutes
2.3. June 27, 2017 Town Council Meeting Minutes
2.4. June 28, 2017 Town Council Meeting Minutes
Cleveland made a motion to approve the consent agenda items; Moffet seconded; the motion
passed (6-0*).
3. Town Manager Report
Chamonix Neighborhood Project Update (verbal report)
George Ruther, Community Development Director, reported the Chamonix housing project is
currently two weeks ahead of schedule and on budget. The foundation was almost completed
and would be finished in the next couple weeks. Top soil is being placed by the Shell gas station
for a berm. Construction of homes will be coming off the line week of August 14 being placed at
the site.
Town Council Special Meeting Minutes of August 1, 2017 Page 1
4. Presentations/Discussions
4.1 Red Sandstone School Parking Structure Project
Presenter(s): Greg Hall, Director of Public Works
Action Requested of Council: The staff has requested the town council to address the following:
• Provide direction on the additional design components of the project
• Expansion ability additional floors
• Space Conversion ability
• Design emphasis on Photo Voltaic or architectural and landscaping components
• Direct the Town Manager to submit the plans to Vail Resorts in accordance to the Parking
Investment Agreement
• Provide input and direction on the Development Agreement with Eagle County School District
• Submit formal applications to Planning and Environmental Commission for an amendment to a
Conditional Use Permit and Retaining Wall Height Variance
• Submit formal application to the Design Review Board for project approval
• Authorize the Town Manager to negotiate a construction contract with Haselden Construction to
bring back to the Town Council for approval
Background: On May 2 the Town Council directed staff to enter into a predevelopment
agreement to further explore building a 160 car four story parking structure on the Red
Sandstone School site with Eagle County School District. The design has been advanced to the
schematic design level.
Staff Recommendation: Staff recommends the Town Council continue to pursue the four level
structure. In addition, the Town Council should take action on the items listed above.
Hall provided some of the following information (see council packet memo for details) :
❑ Intergovernmental Development Agreement with Eagle County School District
❑ Updates from recent preliminary meetings with the PEC and DRB
❑ Additional design elements to carry forward
❑ Cost and budgets for the project
❑ Cost sharing methodology
['Project schedule
❑ Series of next steps for advancing the project forward
Hall reviewed project costs and budgets with council. The proposed cost sharing for the project
is as follows:
Eagle County School District $ 1,500,000
Vail Resorts Parking Commitment $ 4,300,000
Vail Reinvestment Authority (VRA) $ 8,486,912
Preliminary Overall Budget $14,286,912
There were some additional items south of 1-70 considered as offsite improvements and were
estimated at $287,500. Hall explained the areas of risk to the estimate are in the areas as
follows:
• Unsuitable soils, both for haul off and import of suitable soils.
Town Council Special Meeting Minutes of August 1, 2017 Page 2
• Excessive groundwater and permanent mechanical dewatering system
• Winter conditions
• Final sub -contractor pricing not in line with costs provided for current estimate.
A project schedule was included in the memo showing construction beginning in January 2018
and finishing in August 2018. Chapin asked for public comment and Steven Connelly
expressed support of the solar panels on the building and would still like to see housing and a
recreation center. There was no further public comment. Council supported the design
expansion ability and the idea of two additional floors and the project's cost sharing estimates.
There was council support to give approval to negotiate contract with Haselden Construction for
the project. In summary, Council agreed to 1) Increase the budget regarding design expansion
ability (additional floors and space conversions ability), 2) Move forward with Haselden
Construction and development agreement with School District, and 3) Support the budget
breakdown components with the ECSD and Vail Resorts, Inc. (5-1; Cleveland opposed).
4.2. Short Term Rental Community Input and Policy Considerations
Presenter(s): Chris Cares, RRC and Associates and Kathleen Halloran, Finance Director
Action Requested of Council: Provide feedback regarding any policy considerations that Council
would like to pursue. Staff will return on September 5th with any additional information or
proposed policy changes.
Background: On June 20th and July 11th the town hosted public listening sessions, conducted
an online survey and made presentations to a number of stakeholder groups. Tonight's
presentation includes the results of gathering community input, a comparison of town practices to
peer resorts and proposed policy considerations for Town Council.
Chris Cares, RRC and Associates provided an overview of the online survey that was conducted
earlier this summer concerning short term rentals, see council packet memo for details. It was
noted there were two community input sessions on June 20th and July 11th in addition to engaging
key stakeholder groups such as the Vail Local Housing Authority, the Vail Local Marketing District,
the PEC and the Vail Economic Advisory Council to gather more input concerning short term
rentals. Mayor asked for public comment:
Adam Bersin, supported short-term rentals were essential to his income and that taxes should be
collected on this service.
Joe Staufer, Vail resident and business owner, opposed neighborhood short-term rentals; he felt
short term rentals destroyed neighborhoods. Staufer went onto say residential districts were
never meant to be a lodging district.
Steven Connolly questioned if the survey was a scientific study; he supported short term rentals
noting they have a significant economic impact in Vail and guest spending. Connolly went onto to
say compliance and quality of life are the biggest issues.
Penny Wilson, stated short term rentals are changing the feeling of the neighborhood. Wilson
suggested requiring a short term rental to provide a local property contact name and number so
neighbors could talk to someone if there is a problem with their renter. Another suggestion was to
require a letter from the HOA for approval.
Town Council Special Meeting Minutes of August 1, 2017 Page 3
Steve Pope, thanked council for having this discussion to show both the down sides and up sides.
Pope felt negatives are not just related to short term rentals and VRBO's do increase business
sales tax.
Nate Emmy was able to purchase a home in Vail and short term rentals has helped in that
purchase.
Jeff Andrews, East West Properties, agrees with leveling the playing field and would not want to
see over -regulations or banning VRBO. Some communities are seeing the downfall from
eliminating VRBO from their communities i.e. taxes.
Steve Lindstrom, Vail Local Housing Authority, suggested putting together a database to track
users of housing and enforcing the current regulations.
Council stated they had no intention to band VRBO but would like to see regulations, fees and
taxes. Council members went onto say problem renters are not just VRBO and agreed the life
safety and compliance were important to them.
5. Action Items
5.1. Ordinance No. 10, Series of 2017, First Reading, An Ordinance Repealing and
Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management
and Enforcement
Presenter(s): Gregg Barrie, Senior Landscape Architect, Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10,
Series of 2017 upon first reading.
Background: Pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the.
Town is empowered to regulate the presence, management and control of noxious weeds on any
lands under its jurisdiction, to declare the existence of any such noxious weeds as a public
nuisance, and to provide for and compel the removal of such noxious weeds. This Ordinance
will update the Town's current regulations addressing noxious weeds.
After a brief discussion, Moffet made a motion to approve Ordinance No. 10, Series of 2017 on first
reading, An Ordinance Repealing and Reenacting Section 5-1-6 of the Vail Town Code,
Concerning Noxious Weed Management and Enforcement; motion was seconded by Bruno.
The motion passed (7-0.*)
6. Public Hearings
6.1. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special
Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-
9(A), Special Development Districts, Vail Town Code, to allow for the development of a
mixed use building consisting of 12 dwelling units with 15 attached accommodation
units (lock -offs), 19 accommodation units and 10 employee housing units, located at 430
and 434 South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in
regard thereto.
Town Council Special Meeting Minutes of August 1, 2017 Page 4
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 9, Series of 2017, upon first reading.
Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is
requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special
Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, Vail
Town Code, to allow for the development of a mixed use building consisting of 12 dwelling units
with 15 attached accommodation units (lock -offs), 19 accommodation units and 10 employee
housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
Staff Recommendation: On June 12, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to
the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing,
the PEC voted 4-3 (Gillette, Perez and Rediker opposed) to forward a recommendation of
approval, with conditions, to the Vail Town Council.
Spence provided council with a brief introduction of the ordinance. Spence stated the applicant,
Lunar Vail LLC, is represented by Mauriello Planning Group. He noted staff has received
considerable correspondence from groups and individuals concerning this application. Some of
this correspondence posed questions concerning process and other elements of the Vail Town
Code. In these instances, responses were provided either by the Community Development
Department or by the Town Attorney. Spence stated all correspondence received to date,
including responses from town staff have been provided to council.
Dominic Mauriello, Mauriello Planning Group, representing the applicant Lunar Vail presented
the application for the special development district with highlights about the following
components (see packet materials for details):
✓ Employee Housing Units (EHUs)
✓ Accommodation Units
✓ Dwelling Units
✓ Attached Accommodation Units (Lock Offs)
✓ Existing Parking
Spence reviewed the Special Development District Design Criteria and staffs findings with
respect to the proposed special development district, see memo for details.
1. Compatibility
2. Relationship
3. Parking and Loading
4. Comprehensive Plan
5. Natural / Geologic Harzard
6. Design features
7. Traffic
8. Landscaping
9. Workable Plan
Chapin opened the hearing for public comment and the following people spoke:
Town Council Special Meeting Minutes of August 1, 2017 Page 5
Kerry Wallace, Goodman and Wallace, stated her firm represented 8 unit owners who were
disputing receiving notice. Wallace stated the required notice had not happened due to a non
authorized person signature on the letter dated March 2017 on behalf of the association. The
applicant is not an owner of a unit but owner of the parking garage.
Chris Romer, Vail Valley Partnership, supported the project as it would help with employee
housing.
Molly Murphy, Vail Local Housing Authority, expressed support of this project.
Kim Bell -Williams, Interim Housing Director for Eagle County, supported the project for the
housing; the 29 units for employee housing is a big deal.
Stan Cope, Vail resident, supported the project.
There were no closing statements from the applicant or staff at this time.
Moffet made a motion to approve Ordinance No. 9, Series of 2017 on first reading, an ordinance
establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to
Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development
of a mixed use building consisting of 12 dwelling units with 15 attached accommodation units
(lock -offs), 19 accommodation units and 10 employee housing units, located at 430 and 434
South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto, with
the 13 conditions recommended by PEC (page 8 and 9 of packet memo) and findings as
follows:
1. The SDD complies with the standards listed in Section VIII of this memorandum, or the applicant has
demonstrated that one or more of the standards is not applicable;
2. The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and compatible with the development objectives of the town;
3. The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas;
and
4. The SDD promotes the health, safety, morals, and general welfare of the town and promotes the
coordinated and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community of the
highest quality."
The motion was seconded by Bruno and passed (5-2; Foley and Mason opposed). Foley did
not support the ordinance due to not meeting the Special Development Design Criteria no.'s 1, 2
and 6. Mason also does not support the project due to size.
6.2 Appeal of Planning and Environmental Commission Decision (Gasthof
Gramshammer)
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final decision of the
Town of Vail Planning and Environmental Commission on June 26, 2017, denying a request for
a variance from Section 12-7B- 16, Landscaping and Site Development, Vail Town Code, to
allow for a reduction in landscaping area, located at 231 Gore Creek Drive / Lot A, Block 5B,
Vail Village Filing 1, and setting forth details in regards thereto. (TC17-0002)
Presenter(s): Matt Panfil, Planner
Town Council Special Meeting Minutes of August 1, 2017 Page 6
Action Requested of Council: The Town Council is asked to hold a public hearing on the appeal.
Background: The applicant was required to provide landscaping as part of their 2016 remodel,
however the landscaping has not been installed. The applicant requested a variance to the
landscaping requirement, which request was denied by the Planning and Environmental
Commission.
Staff Recommendation: The Community Development Department recommends that the Town
Council deny the appeal, and require the applicant to install the landscaping as originally
planned.
Matt Panfill reviewed the appeal with council, see details per the memo in council packet. The
Applicant, Shieka Gramshammer, requested that the council table this item to a later date
because of how late it was in the evening. Moffet moved to table this item to September 5; the
motion was seconded by Cleveland. The motion passed (7-0).
6.3 Ordinance No. 6, Series of 2017, Second Reading, an Ordinance rezoning 5 min.
Lot 2E and Lot 2E-1, Block 1, Vail/Lionshead Second Filing, from Lionshead Mixed Use 1
(LMU-1) District to the General Use (GU) District, and rezoning Lot F-1, Vail Village
Second Filing Lot E and F, Lot 2E Vail/Lionshead, Second filing, Block 1, a Resubdivision
of Lot 2, from General Use (GU) District to Lionshead Mixed Use 1 (LMU-1) District,
located at 180 and 250 South Frontage Road West, and setting forth details in regard
thereto. (PEC17-0015)
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 6, Series of 2017, upon second reading.
Background: On June 26, 2017, the Planning and Environmental Commission approved a final
plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for the re-
subdivision of Lot F, Vail Village Second Filing and the creation of Lot F-1. A the same meeting,
the Commission approved a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail
Town Code, to allow for the re -subdivision of Lot 2W, Block 1, Vail Lionshead Second Filing,
and the creation of Lot 2E-1. The proposed rezonings will allow for the Development Lots of the
Vail Valley Medical Center and the Evergreen Lodge to have consistent zoning designations.
Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission
unanimously forwarded a recommendation of approval to the Vail Town Council for a zone
district boundary amendment.
There was no public comment or council discussion. Moffet made a motion to approve
Ordinance No. 6, Series of 2017 upon second reading; the motion was seconded by Bruno.
The motion passed (6-0; Cleveland recused himself due to service on the hospital board).
6.4 Ordinance No. 7, Series of 2017, Second Reading, an Ordinance for a prescribed
regulation amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
amend Section 12-10-19 Core Areas Identified, Vail Town Code, to include Lot F-1 in the
Commercial Core Area for parking regulations purposes, located at 250 South Frontage
Road West/Lot F-1, Vail Village Second Filing, and setting forth details in regard thereto.
(PEC17-0023)
Town Council Special Meeting Minutes of August 1, 2017 Page 7
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 7, Series of 2017, upon second reading.
Background: The applicant is proposing to alter the Core Area Parking Map II, Lionshead, to
include Lot F-1 within this mapped area. Altering the map will place the entire Evergreen Lodge
Development Lot within the Commercial Core Area, ensuring that there is one set of consistent
parking regulations in place for future redevelopment of the site.
Staff Recommendation: On June 26, 2017, the Planning and Environmental Commission
unanimously forwarded a recommendation of approval to the Vail Town Council for a prescribed
regulation amendment to include Lot F-1 in the Commercial Core Area for parking regulations
purposes, located at 250 South Frontage Road West/Lot F-1, Vail Village Second Filing.
There was no public comment or comments from council. Moffet made a motion to approve
Ordinance No. 7, Series of 2017; the motion was seconded by Bruno. The motion passed
(7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned at
10:45 p.m. A
Respectfully Submitted,
Attest:
Dave Chap!
Mayor
Town Council Special Meeting Minutes of August 1, 2017 Page 8
Vail Town Council Meeting Minutes
Tuesday, August 15, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kim Langmaid
Jen Mason
Greg Moffet
Kevin Foley
Patty McKenny, Acting Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Deputy Town Clerk
1. Citizen Participation
Penny Wilson, Vail resident and Vail Rotary Club representative, stated this is the 19th year of
the Annual Duck Race and invited council to attend on September 3, 2017. Wilson stated there
would be 12,000 ducks released on Gore Creek.
2. Recognition of the "Eagle Scout"
2.1. Eagle Scout Recognition for Parker Rodeen 5 min.
Presenter(s): Dave Chapin, Mayor
Background: Local Parker Rodeen was awarded the Eagle Scout Rank from the Boy Scouts of
America program. This is the highest achievement or rank attainable in the Boy Scouting
program of the Boy Scouts of America (BSA). The designation "Eagle Scout" was founded over
one hundred years ago. Only four percent of Boy Scouts are granted this rank after a lengthy
review process.
Mayor Chapin introduced Parker Rodeen and council congratulated him on his achievement of
becoming an Eagle Scout.
3. Consent Agenda
3.1. Minutes from July 11, 2017 meeting
Moffet made a motion to approve July 11, 2017 meeting minutes; Bruno seconded the motion.
The motion passed 6-0 (Foley absent from the July 11th TC meeting, therefore he did not vote
on the contents in the minutes)
Town Council Special Meeting Minutes of August 15, 2017 Page 1
3.2. Minutes from July 18, 2017 meeting
Moffet made a motion to approve July 18, 2017 meeting minutes; Foley seconded the motion.
The motion passed 6-0 (Cleveland absent from the July 18th TC meeting, therefore he did not
vote on the contents in the minutes)
3.3. Minutes from July 27, 2017 special meeting
Moffet made a motion to approve July 27, 2017 meeting minutes; Foley seconded the motion.
The motion passed 7-0
3.4. Town Manager Employment Agreement
Moffet made a motion to approve the Town Manager Employment Agreement; Foley seconded
the motion. The motion passed 7-0.
4. Town Manager Report
4.1. Commercial Ski Storage Update. This was a written update only.
4.2. Election Update Nomination Petition
Town Clerk, Patty McKenny, reminded council and the public the Town of Vail will be
conducting an at the poll election on November 7, 2017. There are four council seats open
and a ballot question. August 8, 2017 was the first day to circulate nomination petitions and
the petition needs to be filed with the Town Clerk no later than 5:OOpm on August 28, 2017.
Qualifications to run for Town of Vail Council could be found on the Town's webpage.
5. Presentations/Discussions
5.1. Comprehensive Open Lands Plan Update
Presenter(s): Tom Braun, Braun and Associates, LLC, and Kristen Bertuglia, Environmental
Sustainability Manager
Action Requested of Council: Staff requests the Vail Town Council provide direction on the policy
statements posed in the attached memo.
Background: In December, 2016, the Town authorized an update to the 1994 Comprehensive
Open Lands Plan. The process for updating the Plan involves revisiting the existing Plan to identify
initiatives that have been addressed (and those that have not); evaluating via a community
engagement process the goals, objectives and initiatives of the existing Plan; and drafting an
updated plan with goals, objectives and initiatives reaffirmed or identified during the process to
address the community's needs. The original Plan, survey results and additional information may
be accessed: http://www.vailgov.com/openlandsupdate
Staff Recommendation: As this is a policy discussion, there is no staff recommendation at this time.
Tom Braun, Braun Associates, provided council with a third update regarding Comprehensive
Open Lands Plan update. Braun stated the purpose of this session is to provide the Vail Town
Council an overview of the progress to date on the update to the 1994 Comprehensive Open
Lands Plan (Plan), and to seek direction on policy statements. Braun provided council a brief
overview of the Open Lands Plan process. One of the first steps in the process was to host three
Community Scoping Sessions; the second was to conduct a parcel research and evaluation Town -
owned Lands; third step was to outreach to technical expert groups; and the fourth step was to host
Town Council Special Meeting Minutes of August 15, 2017 Page 2
in-depth community workshops. Improvement of the trail and bike path system was identified as
the #2 priority of the 1994 Open Lands Plan. Many of the recommendations, including construction
of the North Trail and the addition of widened shoulders on the Frontage Roads were completed.
However, the OLP trails plan was generally presented at a Master Plan level, and details were
vague. As the town moved to implement another of the Plan's recommendations in 2015 (extend
the Vail Trail to East Vail), the project was met with some opposition and was tabled in favor of a
more detailed trails plan. The comments from the Open House and subsequent Town Council
sessions will help finalize the Vail Trails Master Plan. It is intended that this document will be
submitted to the USFS for approval as the "corridor -level plan". If approved, Vail can begin the
process on individual trails, working with the Forest Service as their workload allows.
Braun asked council three policy questions:
1. Should OLP continue to advocate for the acquisition of privately owned lands?
2. Should OLP advocate for US Fore Service land exchanges and if so for what purposes?
3. Should OLP advocate for using conservation easements to further protect town owned
lands?
Langmaid suggested a plan aimed at using lands to protect the natural habitat and maintaining the
wildlife currently here. Langmaid is interested in knowing how trails affect the effort of protecting
endangered wildlife. Council was comfortable with continuing to advocate for the acquisition of
privately owned lands in the OLP update. Council stated they did not feel advocating for USFS
land exchange was a priority at this time. Council was supportive of plan advocating use of
conservation easements to further protect town owned lands on case by case basis. Braun stated
the next steps were to finalize a draft of the plan followed by PEC review and recommendation to
Council. Moffet and Cleveland stated there was no sentiment by Town Council to develop housing
on middle bench of Donovan Park.
Mayor asked for public comment.
Anne Esson, Vail resident, would like endangered wildlife talked about when considering the open
lands plan.
Paul Rondeau, Vail resident, wants a fourth question asked. Should status of former open space
be reviewed for additional protection?
There was no further public or council comment.
6. Public Hearings
6.1. Ordinance No. 10, Series of 2017, Second Reading, An Ordinance Repealing and
Reenacting Section 5-1-6 of the Vail Town Code, Concerning Noxious Weed Management
and Enforcement
Presenter(s): Gregg Barrie, Senior Landscape Architect
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 10,
Series of 2017 upon second reading.
Background: Pursuant to C.R.S. §§ 35-5.5-106 and 31-15-401, and its home rule authority, the.
Town is empowered to regulate the presence, management and control of noxious weeds on any
lands under its jurisdiction, to declare the existence of any such noxious weeds as a public
Town Council Special Meeting Minutes of August 15, 2017 Page 3
nuisance, and to provide for and compel the removal of such noxious weeds. This Ordinance will
update the Town's current regulations addressing noxious weeds.
Staff Recommendation: Approve Ordinance No. 10, Series of 2017 Series of 2017, Second
Reading, An Ordinance Repealing and Reenacting Section 5-1-6 of the Vail Town Code,
Concerning Noxious Weed Management and Enforcement upon second reading.
Gregg Barrie reviewed the plan with council and stated there were no changes to the ordinance
since first reading. Langmaid asked about the Town's use of round up. Barrie explained staff uses
on plants directly and it's a smaller level then what is being used agriculturally. Barrie stated
chemical treatment of trees on town owned land had been reduced by 90% with guidance by
arborist. Mayor asked for public comment and a west Vail Resident expressed concemed about
the chemicals that are being used and wants to find alternatives other then spraying chemicals.
Moffet made a motion to approve Ordinance 10, Series of 2017 on second reading, An Ordinance
Repealing and Reenacting Section 5-1-6 of the Vail Town Code, Conceming Noxious Weed
Management and Enforcement; Cleveland seconded the motion. The motion passed (7-0).
6.2. Ordinance No. 11, Series of 2017, 1st Reading, An Ordinance for a zone district
boundary amendment, pursuant to section 12-3-7, amendment, Vail Town Code, to allow
for a rezoning of a portion of parcel 1 of the Golden Peak ski base and recreation district
parcel subdivision from ski base recreation district to ski base recreation 2 district,
located at 460 Vail Valley Drive/Parcel 1, Golden Peak ski base and recreation district
parcel subdivision, and setting forth details in regard thereto
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 11, Series of 2017, upon first reading.
Background: The applicant, Ski and Snowboard Club Vail (SSCV), represented by Braun
Associates, Inc., is requesting a first reading of Ordinance No.11, Series of 2017, an ordinance
to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel
subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460
Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision,
and setting forth details in regard thereto. This request was previously approved via
Ordinance No. 17, Series of 2014, but has expired as the related plat was not recorded prior to
the expiration clause contained in that ordinance.
Staff Recommendation: On August 14, 2017 the Planning and Environmental Commission will
vote on a recommendation of approval to the Vail Town Council for a zone district boundary
amendment. The results of this recommendation will be available prior to the Town Council
Meeting.
Neubecker presented the ordinance to council and explained the rezoning went through
planning commission in 2014, but the plat was not recorded and the applicant has to go through
the process again. Council confirmed with Neubecker there were no changes since 2014.
There was no public comment. Moffet made a motion to approve Ordinance No. 10, Series of
2017; Bruno seconded the motion. The motion passed (7-0).
Town Council Special Meeting Minutes of August 15, 2017 Page 4
7. Action Items
7.1. Resolution No. 25, Series of 2017, A Resolution Approving an Intergovernmental
Development Agreement Between the Town of Vail, the Eagle County School District and
the Vail Reinvestment Authority; and Setting Forth Details in Regard Thereto.
Presenter(s): Greg Hall, Director of Public Works & Transportation Action Requested of Council:
Approve Resolution No. 25, Series 2017
Background: The town has partnered with the Eagle County School District for the construction
of a four -level, 160 space parking garage at Red Sandstone Elementary School. This
Resolution authorizes the Town Manager to enter into an Intergovernmental Agreement with the
district for the development of the structure.
Staff Recommendation: Approve Resolution No. 25, Series 2017
Mire reviewed the agreement with council; which was included in their packets. There was no
public comment. Moffet made a motion to approve Resolution No. 25, Series of 2017 and
authorized the Town Manager to sign the same; Foley seconded the motion. The motion
passed (6-1; Cleveland opposed)
7.2 Update on summer 2017 bus service and summer parking
Presenter(s): Greg Hall, Director of Public Works
Action Requested of Council: Provide input to the staff with regards to extending the service the
remainder of summer 2017. Provide input to staff in preparing the 2018 budget to include for
council review.
Background: The town council directed staff on the initial approval of the expanded summer
transit service trial, to return, mid -d summer to provide an update on the usage. Staff
Recommendation: Staff recommends:
1. further discussing whether to extend the enhanced summer transit service pilot program for
additional six weeks from the end of September to the beginning of ski season at a cost of
$25,000; and
2. to direct staff to continue the enhanced summer bus service in preparation of the 2018
budget for the 24 week period.
Hall reported the summer transit service program was very successful. The expanded bus
service on three routes in East Vail, Golf Course and Sandstone this summer has resulted in
35% ridership increase. Summer parking transactions are down this summer compared to last
summer. Council was supportive of the town funding continuation of expanded service until
beginning of ski season (7-0).
Town Council Special Meeting Minutes of August 15, 2017 Page 5
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 7:38 p.m.
Town Council Special Meeting Minutes of August 15, 2017 Page 6
Vail Town Council Meeting Minutes
Tuesday, September 5, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Greg Moffet
Members absent Jen Mason
Staff members present:
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Recognitions
1.1. Recognitions
1. Introduce new Town Manager Greg Clifton
Mayor Chapin introduced Greg Clifton who will serve as Vail's next Town Manager. Clifton's
background includes municipal work on the western slope, most recently as manager in
Telluride.
2. Thank you to outgoing Economic Development Manager Kelli McDonald for years of service
Mayor Chapin gave special recognition for Kelli McDonald as she finished ten years as the
economic development manager with Vail.
2. Citizen Participation
Jonathan Cohen thanked the town for addressing the speeding vehicles in the Booth Creek
neighborhood as well as the recent Booth Creek Park improvements.
Alison Wadey, VCBA, representing the Vail business community gave thanks to Kelli
McDonald for all her work on behalf of their group. She also invited the community to
participate in the upcoming charity golf tournament, the Businesses, Bogeys & Bragging
Rights.
3. Consent Agenda
3.1. Resolution No. 26, 2017, A Resolution of the Vail Town Council Submitting to the
Registered Electors of the Town A Ballot Question at the November 7, 2017 Regular Town
Election to Restore Local Authority to Provide Cable Television Services, Telecommunications
Services and High -Speed Internet Services
Town Council Meeting Minutes of September 5, 2017 Page 1
Moffet moved to approve Resolution No. 26; Langmaid seconded the motion and it passed
(6-0). The question would be included on the upcoming November ballot
3.2. Xcel Energy Easement at 111 South Frontage Road
Moffet moved to approve the Xcel Energy easement; Langmaid seconded the motion and it
passed (6-0).
4. Town Manager Report
There was not a report at this time.
5. Public Hearings
The applicant was not present for 5.1 at the time of consideration and the next item considered
was as follows;
5.3. Second reading of Ordinance No. 11, Series of 2017, an ordinance to rezone a
portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel
subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located
at 460 Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel
subdivision, and setting forth details in regard thereto. (PEC17-0036)
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 11, Series of 2017, upon second reading.
Background: The applicant, Ski and Snowboard Club Vail (SSCV), represented by Braun
Associates, Inc., is requesting a first reading of Ordinance No. 11, Series of 2017, an ordinance
to rezone a portion of Parcel 1 of the Golden Peak Ski Base And Recreation District Parcel
subdivision from Ski Base Recreation District to Ski Base Recreation 2 District, located at 460
Vail Valley Drive/Parcel 1, Golden Peak Ski Base and Recreation District Parcel subdivision,
and setting forth details in regard thereto. This request was previously approved via Ordinance
No. 17, Series of 2014, but has expired as the related plat was not recorded prior to the
expiration clause contained in that ordinance.
Staff Recommendation: On August 14, 2017 the Planning and Environmental Commission
voted to recommend approval to the Town Council by a vote of 3-2-0 (Rediker/Perez opposed).
It was noted there were no changes from first reading and Cleveland moved to approve
Ordinance No. 11, Series of 2017, an ordinance to rezone a portion of Parcel 1 of the Golden
Peak Ski Base And Recreation District Parcel; Foley seconded the motion and it passed (6-0).
There was no public comment.
5.2. Town Council Cali Up of Planning & Environmental Commission Approval of an
amendment to a Conditional Use Permit for La Cantina Restaurant in the Vail
Transportation Center
Presenter(s): Chris Neubecker, Planning Manager
Town Council Meeting Minutes of September 5, 2017 Page 2
Action Requested of Council: The Vail Town Council shall hold a public hearing, and shall
uphold, uphold with modifications, or overturn the Planning and Environmental Commission's
July 24, 2017 decision.
Background: On July 24, 2017 the Planning and Environmental Commission voted 6-0 to
approve the amendment to the conditional use permit for La Cantina Restaurant for construction
of the outdoor dining patio, with nine (9) conditions. On August 1, 2017 the Town Council voted
7-0 to call up the decision of the Planning and Environmental Commission, citing the need for
further review, concerns about the loss of vegetation at the Vail Transportation Center, and the
change in character of Vail Village if the outdoor dining patio is constructed.
Neubecker presented the materials associated with the call up of this matter, see packet
materials. A site visit was conducted earlier in the day. It was noted the town was both the
applicant and final decision maker and the town council could also determine not to proceed
with the application. Council's input included both opposition and support of moving forward the
application. Some supported activating the entrance to town, increasing revenues streams, and
liked the creative way to enhance the area vs. those who opposed the application because the
patio invades the landscaping and environment. Richard Wheelock, owner La Cantina, owner,
spoke about his vision of the expansion. Chapin invited public input at this time; no comments
were heard.
Langmaid moved to withdraw the consent to proceed through the application process;
Cleveland seconded the motion. The motion failed with a split vote, Foley, Bruno and Moffet —
nay; Chapin, Langmaid, Cleveland — yea (3-3).
Bruno moved to uphold the PEC decision pending negotiation of a new lease prior to issuance
of a building permit. Foley seconded the motion and it failed as well; Foley, Bruno and Moffet —
yes; Chapin, Langmaid, Cleveland — nay (3-3).
Langmaid moved to postpone the decision until all members are present; there was no second
and the motion failed. Langmaid moved to reverse the decision of the PEC; Cleveland
seconded the motion and it failed, Foley, Bruno and Moffet — nay; Chapin, Langmaid, Cleveland
— yea (3-3). The PEC decision to approve the application for an amendment to the conditional
use permit allowing for the construction of an outdoor dining patio remained the final decision.
5.1. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final
decision of the Town of Vail Planning and Environmental Commission on June 26, 2017,
denying a request for a variance from Section 12-7B-16, Landscaping and Site
Development, Vail Town Code, to allow for a reduction in landscaping area, located at
231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in
regards thereto. (TC17-0002)
Presenter(s): Matt Panfil, Planner
Action Requested of Council: The Town Council is asked to hold a public hearing on the appeal.
Background: The applicant was required to provide landscaping as part of their 2016 remodel,
however the landscaping has not been installed. The applicant requested a variance to the
Town Council Meeting Minutes of September 5, 2017 Page 3
landscaping requirement, which request was denied by the Planning and Environmental
Commission.
Staff Recommendation: The Community Development Department recommends that the Town
Council deny the appeal, and require the applicant to install the landscaping as originally
planned.
Staff presented the agenda item — see packet memo. The applicant, Sheika Gramshammer,
was present to describe the basis for the appeal noting their current landscaping is appropriate
and adequate, accommodating both bikes and flowers. Chapin asked for public input at this
time; there was no input. Bruno moved to modify the PEC decision allowing for the variance on
the planter boxes and as approved by the zoning administrator. Langmaid seconded the motion
and it passed (4-2; Cleveland, Moffet — nay).
6. Presentations / Discussion
6.1. Short Term Rental Update
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Identify potential policy changes in regulating the short term rental
market in Vail.
Background: With two public input sessions this summer, and three Council meetings, staff has
reported on an estimated inventory of rentals, peer resort regulations, results of a third party
survey and proposed solutions to issues identified. This discussion provides another
opportunity for public input on potential policy changes.
Staff Recommendation: Direct staff on potential policy changes to include in a draft ordinance
for Council's review prior to an ordinance reading.
Halloran presented the materials — see council packet materials. There was council discussion
with support of some of the following requirements:
✓ Q1: Support for proposal to select software tracking system for internal process
improvements
✓ Q2: Support for regulations to include the requirement of the property to provide for a local
contact number
✓ Q2: Support for requirement that there are no impacts to the neighborhood, re: noise, trash,
parking, life -safety issues, etc.
✓ Q3: Support for requiring an affidavit statement that property is outfitted with life -safety
equipment:
o Fire Extinguishers
o Carbon Monoxide Detectors
o Smoke Alarms
o Maximum Occupancy
o Compliance with definition of a "bedroom"
Chapin asked for public input at this time. Public comments were heard as follows:
Sheila and Dennis Linn, residents, expressed the need for a requirement that neighbor
consent for STR in duplexes is a must since there are so many negative issues arise with this
kind of renting.
Town Council Meeting Minutes of September 5, 2017 Page 4
Joseph Staufer, resident, opposed any STR in Vail neighborhoods as licensing businesses in
residential neighborhoods should not be allowed.
Beth Plazec, resident, opposes the licensing of STR in residential neighborhoods, sees this as
incentivizing homeowners to commercialize their homes, and this type of use should be a
conditional use, per the zoning code. She would prefer a town -wide vote on the matter.
Penny Wilson, resident, supports the homeowners association must sign off on any STR that
a property wants to operate, this type of use should be addressed in the zoning code and
coordinated with all government for the proper revenue collections.
Jonathan Staufer, resident, supported regulations that required property managers be
licensed and a record of a local contact be maintained by the town.
Herman Staufer, resident, concerned about approving STR in residential areas and preferred
this kind of use remain in the commercial areas since there are many associated impacts, i.e.
traffic, noise, violations, enforcement, etc.
It was clarified that STR are allowed uses in all zone districts within the town of Vail. The
discussion pertained to drafting regulations addressing the STR. There was no further input at
this time and staff summarized comments from the discussion noting the topic would be
reviewed once again incorporating the comments.
6.2. Commercial Ski Storage Update
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: The Community Development Department and Commercial Ski
Storage Task Force members will provide an update to the Town Council on issues relating to
commercial ski storage, ski concierge and ski valet. The Council is asked to provide direction on
possible text amendments to the Town Code.
Background: The purpose of this memo is to update the Town Council on issues and progress
relating to the Town's commercial ski storage regulations, and the results of the recent
Commercial Ski Storage Task Force meetings.
Neubecker presented the topic and the work of the 14 member task force - see materials in the
packet. Summary of the Task Force recommendations included the following :
• Keep the existing horizontal zoning in place, which only allows Commercial Ski Storage as a
permitted use on the basement or garden level of a structure
• Add graphics to improve the definitions for the following:
Y First floor of street level
➢ Basement or garden level
• Separate the definitions for Commercial Ski Storage and Ski Club
• Create a separate definition for Ski Storage Lockers
• Set time of day limits on the placement of ski racks outside of a business
• Do not set limits on the number of racks placed on private property
• Ensure that public pedestrian easements are not blocked by ski racks
• Consider removing code language on outdoor displays stating that an outdoor display "shall
not visually detract from or block storefront or shop window"
Town Council Meeting Minutes of September 5, 2017 Page 5
• Clarify that a building used for delivery of skis to guests of a hotel, which is separated from
the hotel property, is considered Commercial Ski Storage (i.e. Four Seasons at Gorsuch on
Wall Street)
Action Positive Impact Negative Impact
TIME
Time cf day i,mits or :re
p'a:emert of ski racks outside
of a bus tiers
Ach eves p.:.'.:.:j objective.
Oi?ary nr;icat?s wren racks
of skis can Le p'ac?d opts ie.
Ensures s'k -a.:'•:s are rot
outside al i the time. %lay
In-prcy. safety and aesthetics
Sion -e :lousiness may ioperate
outside _ sit ::me iima
PLACE
h esti ek.'stir g dor rig to at only
alloais ski storage in
basements
Vaintalcs •:,b a...:y of reta...'
shops and restaurar: on
street i?t,iI
'Juests m' st walk up stairs n 5k.i
toots carryirg skis. Reduced
rumber of locations for ski storage
Prchibi:pacing racks or
pe 'is:rar, easements
Ensues safe passage for
:edestnans and ernerge,rcy
.:•hides
Stiome penes are sumo.urded _y
easernerts anc two...lol have tro
place' tO pb::? sk:isi — -E abel'e:
Concert Hall =laza
Clay,=y :ha: a ski storage
b. ildirg s?para:ed from :he
note+ prooerty is. considered
Commeroa,' Ski, Sdcr'ace, and
is not s=tem pt from
Ccimmeroiai Ski., Storage
reg ,1a.:bcns
carer to uncersta,,d if
.a ::r=_ are more s[.ecif:
C':an.ge may co: tie needed:
applies only to ore property ,,at::^is
time:
MANNER
Pic limit or number of racks
Allows iousiniess owner *.c:
deter -ire wi-3t is Gest °Cr the
:Lsiress
r :en•la! regatve in -pact Or
ass:h tics
OTHER CODE CLARIFICATIONS
Add graph s to intpro•.e
understanding of definitions
Easier to understand
Additional staf time to develop
graphi'lcs aoc update Code thro'.Jgh
c:rdinarcie process. Tr,ere ir-ay toe
imp:-,7ts to c., :. sections of ` civ'
Cicdie defrt-ors.
Sed a a:e Me cleft -lit for
-cmmerd :k Storage and
Ski i i: LI:
Easier to understand
=dation.- stat time to de•.'?Ica
grail :s an: a:c, ti roce thro. n
crcinair pie kothers.
Create 3 s?para:e def,n t or
for Sit, Sitcrace Lockers
Easier ,o unc:rsta-o
Adciticnal staf= time to develop
yrap'r: Cs an0 uc•C to Cod? throJgn
crc.naroe arc:ess.
Remove airg;age :or, vsua y
detract'rg ..r Lxocking
storefront or shoo window
This hargi.agier : e O'ut:icor
= isplay section of.',rie. nods is
already .ague, and may Le
cifficL'It to enforce
May •:su t in more clutter anc ':_-
visiciiiity of di spay w rdoWs.
Cony,=:t=_ Artn :he policy cojettive of
mar—Caning tv,oraricy arid economic
vitality :r :=:e comr-er-cia', Cc..es.
Chapin thanked the task force for their recommendations and invited public input, as follows:
Stephen Connelly, resident, supported the guest experience as the priority to uphold when
making the final decisions about the policies.
Brent Martin, Four Seasons, noted the topic was mostly gray and not always easy to address;
he appreciated that there is understanding that the guest service has changed and the hotel's
mission is to service the guests and get them "out of skis and back into town".
Drew Riley requested a review be made of the definitions, specifically that of a "ski club".
Town Council Meeting Minutes of September 5, 2017 Page 6
Adam Hart, Double Diamond, noted they are unclear about placement and timing of racks and
this should be consistent across shops.
Tom Higgins, American Ski Exchange, expressed support for the current rules and did not
support "ski club" to be above the first floor of a building.
Staff noted the next steps in this process identified below:
• Week of September 11, 2017 — Present draft text amendments to Task Force
• September 19, 2017 — Present draft text amendments to Town Council
• October 9, 2017 — Planning and Environmental Commission public hearing and
recommendation on text amendments
• October 17, 2017 — Town Council — 1st Reading of Ordinance on text amendments
• November 7, 2017 — 2nd Reading of Ordinance on text amendments
• November 17, 2017 — Vail Mountain Opening Day
6.3. Update to the Town Council regarding the Nature Center Study including
consultant selection, process and schedule.
Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect
Action Requested of Council: The Town Council is asked to consider the information provided
and offer feedback or questions regarding the process.
Background: The Vail Nature Center Interpretive Master Plan was finalized in December 2015.
The Master Plan is an internal planning document which describes the current context of the
VNC operation and provides an overall vision, strategy, and thematic focus for the VNC for the
next several years. The desired outcome of the Vail Nature Center Study is to add clarity,
understanding and direction to the strategies outlined in the Vail Nature Center Interpretive
Master Plan. Staff has issued a Request for Proposals and is prepared to procure the services
of a professional design consultant to move forward with the initial phases of the Vail Nature
Center Study.
Staff Recommendation: Staff recommends the Town Council consider the information provided
and offer feedback or questions regarding the process for the initial phases of the Vail Nature
Center Study.
Oppenheimer presented the status of the Vail Nature Center Study and their moving forward
with the selection of the professional design consultant, Pam Hopkins and Sherry Dorward.
Details found in the packet memo. Funding for this project, $45K, was already budgeted and
they are ready to launch the work immediately and return in December with an update and
some recommendations. Langmaid requested Walking Mountain Science Center
representatives be included.
Town Council Meeting Minutes of September 5, 2017 Page 7
There being no further business to come before the council, Foley moved to adjourn the
meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned
at 9:15 p.m.
Respectfull
Attest:
Submitte
Piave Chapi
Patty -nny, Town Clerk
i_
ayo
Town Council Meeting Minutes of September 5, 2017 Page 8
Vail Town Council Meeting Minutes
Tuesday, September 19, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Lea O'Brian, expressed concern about short term rentals occurring in their townhome complex
and requested the town consider the regulations adopted by San Francisico.
Chris Romer, Vail Valley Partnership, presented information about their new programming,
Careerwise Colorado, an organization coordinating youth apprenticeships among businesses,
students and educators. VVP is collaborating with Eagle County Schools, Colorado Mountain
College and YouthPower 365 to launch this program. .
2. Consent Agenda
2.1. Resolution No. 27, Series of 2017, A Resolution Approving the Purchase of Real Property
in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit #A104, Eagle
County, Colorado with a Physical Address of 4192 Spruce Way, Vail, Colorado
This item was removed from the consent agenda.
2.2. Public Works Site Water Quality Project Award
Background: As a part of the Gore Creek Strategic Action plan, staff has had water quality
improvements designed for the Public Works surface parking lots. The Town received two bids
for the installation.
This item was removed from the consent agenda.
2.3. Resolution No. 30, Series of 2017 A Resolution Approving an Intergovernmental Agreement
Between the Town of Vail Colorado and the Colorado Department of Transportation Regarding
the Intermountain Transportation Planning Commission; and Setting Forth Details in Regard
Thereto
Town Council Meeting Minutes of September 19, 2017 Page 1
Background: CDOT works closely with many planning partners throughout the state, including
local officials in ten rural Transportation Planning Regions (TPRs) and the five Metropolitan
Planning Areas. The Town of Vail is a part of the Intermountain TPR (IMTPR). Town
engineering staff meets quarterly with CDOT and the IMTPR to participate in the planning of
regional and statewide multimodal transportation plans. CDOT is in the process of updating the
outdated IGA's for these TPR's.
Moffet moved to approve Resolution No. 30; Langmaid seconded the motion and it passed
(7-0).
3. Town Manager Report
3.1. Chamonix Neighborhood Project Update (verbal report)
4. Public Hearings
4.1. Ordinance No. 13, Series of 2017, First Reading, An Ordinance Approving the Rezoning of
Lot 1, East Vail Workforce Housing Subdivision, from Two- Family Residential (R) District to
Housing (H) District, and the Rezoning of Tract A, East Vail Workforce Housing Subdivision,
from Two -Family Residential to Natural Area Preservation (NAP) District. (PEC17-0039)
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 13, Series of 2017, upon first reading.
Background: The applicant, The Vail Corporation (aka Vail Resorts), is requesting a zone district
boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for a
rezoning of an unplatted parcel of land from Two -Family Residential (R) District to the Housing
(H) District on the western portion of the site, and Natural Area Preservation (NAP) District on
the eastern portion of the site. On September 11, 2017 the Planning and Environmental
Commission held a public hearing on this application, and voted 6-0 to recommend approval to
the Vail Town Council for this zone district boundary amendment.
Staff Recommendation: The Community Development Department recommends that the Town
Council hold a public hearing on this item to take testimony, and then vote on the first reading of
this ordinance for a zone district boundary amendment.
Chapin noted the public hearing was opened during the afternoon site visit to the East Vail
property with town council members. Neubecker noted the numerous public input letters that
have been received which have become part of the public record. Chris Jarnot, Vail Resorts,
Inc., spoke about the application and the need for workforce housing. Dominic Mauriello,
representing the applicant Vail Resorts, Inc., presented the application to the public. If the
rezoning application were to be approved, he noted the company would seek out a development
partner on the next phase of the project. He noted the presentation agenda below (see packet
materials for full slideshow):
• Introduction to the Project Team
• Overview of the Proposal
• Vail Resort's Commitment to Employee Housing
• Process for Project
• Location and Property Information
Town Council Meeting Minutes of September 19, 2017 Page 2
• Existing Zoning: Two -Family Residential
CURRENT ZONING
TWO-FAMILY RESIDENTIAL (H) DISTRICT — 23.3 ACRES
Permitted Uses — Single -Family Residential Dwellings
Two -Family Residential Dwellings
PROPOSED ZONING
HOUSING (H) DISTRICT — 5.4 ACRES Permitted Uses — Deed Restricted Housing
NATURAL AREA PRESERVATION (NAP) DISTRICT — 17.9 ACRES Permitted Uses — Nature
Preserves
• Proposed Zoning: Housing and Natural Area Preservation
REZONING VS. EXISTING ZONING
✓ •No guarantees what development will be approved under the H zone district
✓ •If the rezoning is not approved, future development of the site will be under Two -Family
Residential zoning
✓ •A vote on this application is not about development versus no development •Its about
what gets developed
• Workforce Housing Need was reviewed by the many documents and surveys conducted
• Environmental Characteristics
Rick Thomson, certified wildlife biologist, presented highlights from his wildlife study report
which addressed bighorn sheep, elk, peregrine falcon, black bear, moose, mountain goat,
mountain lion, and mule deer.
• Criteria for Review
• Conclusions
• Complies with all of the criteria for review of a zoning amendment
• Serves the best interest of the community
• The proposal furthers two major development objectives:
Provision of employee housing
Protection of environmentally sensitive land
• Environmental considerations will be appropriately addressed with any development plan
Chapin invited public input at this time during the public hearing:
1. Bill Eggers, resident representing group called "Booth Creek Cares", expressed there are
many issues with the rezoning the property, i.e. ownership issues, transportation, density,
wildlife report, town's mission for overall development, and environment. He asked the town
proceed with a more collaborative community approach.
2. Randi Borgen, resident, expressed concerns with traffic issues in that neighborhood.
3. Chris Romer, VVP, expressed their organization supports this rezoning application as it is a
step towards sustainability of the community.
4. Gini Grisafi, resident, noted the need for employee housing but wasn't supportive of this
location in light of the bighorn sheep also living in the area. She also requested the effort be
collaborative with the town and the community.
5. Jack Stephan, resident, expressed concern the council is taking action and has not yet seen
the development plan.
6. Pati Marsh, resident, expressed concerns and questions about the criteria and whether it
complies with the town's land use plan.
7. Alan Danson, resident, expressed concerns using the location for for employee housing and
would prefer an evaluation be made of other sites that would be better suited to this type of
housing. He requested further review of a land swap options and thanked Jarnot for his
consideration of such option. He requested the council table the ordinance and get all
parties to consider the pros and cons of a potential swap
Town Council Meeting Minutes of September 19, 2017 Page 3
8. Elyse Howard, Habitat for Humanity, supported the rezoning application as there is an
incredible need for this kind of project.
9. Bobbi Lipnick, resident, supported the rezoning application and was appreciative of the offer
to include a portion of the land be rezoned as natural preservation area status.
10. Richard Leslie, resident, opposed the rezone application and questioned why it needed to
be decided upon at this time. He supported further review of the land swap option.
11. Charlie Langmaid, resident, expressed support for keeping the property for as is for a "park"
for the bighorn sheep population and requested more review so that workforce housing be
placed in a better location.
12. James Wilkins, VLHA, reminded everyone the review is about a proposed rezoning
application on private property.
13. John Bailey, Eagle resident, expressed support of open space and wildlife as well as
supportive of workforce housing and that this proposal accomplished both objectives.
14. Molly Murphy, VLHA, expressed support for the rezoning application.
15. Doug Woolridge, VRI, expressed that recruiting employees has been extremely difficult and
workforce housing is a must if they are to hire employees.
16. Lauren Phillips, VRI, expressed the need for her housing and was hopeful the rezoning
would lead to workforce housing opportunities.
17. Morgan Landers, expressed support for the rezoning application and sees this problem as a
regional issue that needs to be solved with multiple projects.
18. Scott Hunn, Eagle resident, supportive of this project as a solution to the problem and lack
of workforce housing.
19. Kim Bell Williams, Eagle County Housing Director, expressed support for the rezoning
application as a first step towards creating community In Vail.
20. Pam Stenmark, asked that all parties to listen carefully to the land swap idea and take the
time to review the viability of this option.
21. Steve Lindstrom, VLHA, resident, expressed that the matter at hand is a zoning matter and
the community would be better for taking this offer.
22. Kirk Dwyer, Ski Club Vail Director, expressed support for the rezoning application and how
difficult it is to find housing in the area.
23. Mary McDougall, VLHA, resident, expressed support of the rezoning and noted the need for
the private sector to help solve the housing problems.
24. Ann Esson, resident, requested council table the matter and review the land swap idea.
She preferred further evaluation of whether the project could even be built on the parcel with
all of its difficulties in terrain.
25. Patty Langmaid, resident, expressed support of the bighorn sheep and opposition to the
application for rezoning.
26. Brian Eggelton, Minturn resident, expressed support for more housing.
Public comment period was closed at this time. Mauriello noted there was no development plan
at this time. It was noted that a letter from the Colorado Parks and Wildlife deferred any input
until there is a development plan. Staff noted the parcel is not designated open space. There
were some questions about tabling the matter and the history of ownership and tax payments
on the parcel.
Langmaid and Mason expressed opposition to the rezoning application noting concerns about
displacing the bighorn sheep and historical ownership of the property. Langmaid summarized
her basis for opposing the application was not suitable or compatible with the town's goals and
not meeting criteria #1, #2, #3, #5, and #8. She noted there is a better location for employee
housing. Mason supported more review of a land swap option. Other comments that supported
Town Council Meeting Minutes of September 19, 2017 Page 4
the application addressed private property ownership having a right to develop, the application
is for a down -zoning of the property would be less impactful in the area, and the ability to
preserve a larger portion of the property was of great value. Some expressed there may be
many challenges in actually building the project in light of the terrain of the parcel. There was
agreement that preserving the wildlife in that location would be of great importance.
Moffet moved that Based upon the review of the criteria outlined in Sections VII of the Staff
memorandum to the Planning and Environmental Commission dated September 11, 2017, and
the evidence and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives and policies outlined
in the Vail comprehensive plan and compatible with the development objectives of the town;
2. That the amendments are compatible with and suitable to adjacent uses and appropriate for
the surrounding areas; and,
3. That the amendments promote the health, safety, morals, and general welfare of the town
and promote the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality."
Moffet moved to approve, on first reading, Ordinance No. 13, Series of 2017, an ordinance for a
zone district boundary amendment for an unplatted parcel of land in the South 1/2, Southeast 'A,
of Section 2, Township 5, Range 80 West 6th Principal Meridian from Two -Family Residential
(R) District to the Housing (H) District on the western portion of the site, and Natural Area
Preservation (NAP) District on the eastern portion of the site, and setting forth details in regard
thereto. Bruno seconded the motion and the motion passed (6-2; Langmaid and Mason — nay).
Chapin noted the criteria were outlined in the staff memo to the PEC dated Sept. 11 and
included in the packet materials (section VII: Review Criteria).
4.2. Ordinance No. 12, Series of 2017, First Reading, An Ordinance Amending Section
12-23-2, Employee Generation and Mitigation Rates, Vail Town Code to Amend Table 23-
1, Employee Generation Rates by Type of Construction Use, and to Amend the Definition
of Nexus Study in Section 12-2-2, Definitions, Vail Town Code
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: The Town Council shall approve, approve with modifications, or
deny Ordinance No. 12, Series of 2017, upon first reading.
Background: The 2006 Vail Employer Survey Summary of Results (Nexus Study) must be
updated regularly to remain effective and relevant to ensure an accurate reflection of the current
and future employee housing needs resulting from new development and redevelopment in the
town. The Nexus Study is used by the Town of Vail in administering commercial linkage
requirements for development within the Town of Vail.
Staff Recommendation: The Community Development Department recommends that the Town
Council open the public hearing and take testimony on the proposed ordinance.
Moffet moved to approve on first reading, Ordinance No. 12, Series of 2017, an ordinance
amending Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code, to
amend Table 23-1, Employee Generation Rates by Type of Commercial Use, and to amend the
Town Council Meeting Minutes of September 19, 2017 Page 5
definition of Nexus Study in Section 12-2-2, definitions, Vail Town Code, and setting forth details
in regard thereto, based on the following findings:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and compatible with the
development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the sign regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality.
Langmaid seconded the motion and the motion passed (6-1; Foley opposed). There was no
public input on this topic. The ordinance decreased the accommodation unit rate for employee
generation by 0.1% and increased the employee generation rate for eating and drinking
establishments by 3.45% employees. Foley noted his concern about the recommendation of
the increase to restaurants as why he did not support the ordinance.
5. Presentations / Discussion
5.1. Update on Parking & Transportation Task Force recommended 2017-2018 Winter
Parking Program
Presenter(s): Greg Hall, Director of Public Works and Transportation
Action Requested of Council: Provide direction to the staff and the PATTF on the information
presented as well as provide feedback on the issues regarding any additional information which
would be useful from the Task Force as the Town Council will be asked to decide on the winter
2017- 2018 parking program in October.
Background: The Parking & Transportation Task Force was formed in 1999 in an advisory
capacity and has been enacted through the years at the direction of the Vail Town Council. In
reinstating the Task Force, the role of the 12 -member group is to provide advisory input and
recommendations on parking, transit and traffic operations.
Staff Recommendation: Staff recommends the Town Council provide input, direction and issues
the council would like the Parking and Transportation Task Force to address in order to make a
final recommendation to the Vail Town Council to review, adopt or modify at a regular evening
meeting in October for the upcoming winter 2017-2018 ski season.
The Task Force addressed some of the following topics during their discussions:
Goals, Policies, Guidelines, 2016-17 winter review, parking customer surveys, peer resort
review pricing & parking product, vail free parking and outlying parking, rates and passes, 2 -
hour free period, daily and overnight parking, transit, the future of parking and transportation.
Winter 2017-2018 objectives and recommendations
• Require construction projects to have an employee transportation and parking plan
• Work with ECO Transit to support increased service in 2018 through county budget process
• Develop a marketing and messaging plan around the following to reach 15 day overflow
goal, see memo for details
Inventory and add bike racks, bike corrals for special events
Town Council Meeting Minutes of September 19, 2017 Page 6
• Enhancing additional winterer transit service
• Long-term storage of cars
• Inventory winter usage of private lots
The recommendations for rate and parking passes are reflected below:
Re.c"•mended Fate Svuc-ure:
tc 3C Fre Fra
3_ to 1 Fr :,•E` Fee
1 to •.5 Fr -e Free
1 E to 2 Fr:_e 58
2 to _ S' 5' C
3 tc4 S22C 520
4 to 'E SZf SSC
15 to 24 525 54C
Reocr•mencled Fark no Pass Frices
Esist,; __--
Got' 5325C 5-325C
S,iver S•ECC 52C0C
ELK- 5•10C 5'^OC
Greer S c3C' 57c�
S•50 5100
After some discussion it was noted final decisions would be made at the next meeting. Some
feedback addressed the basis for changes as being revenue neutral and the need to change
behavior by changing the rates.
5.2. Commercial Ski Storage Update
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: Staff asks that the Town Council review the attached memo,
answer the questions posed the memo, and provide direction on the proposed text amendments
concerning Commercial Ski Storage.
Background: On September 5, 2017, the Community Development Department presented the
recommendations of the Commercial Ski Storage Task Force on possible code amendments to
clarify the Town's existing policy on ski storage, ski concierge, and ski valet. The Town Council
directed staff to develop draft text amendments for review before moving forward with the formal
ordinance process. The attached memo, recommendations and draft text amendments are
provided in response to Council's direction.
Staff noted that the topic would return for further review after the task force reviewed their
recommendations with the PEC.
6. Action Items
6.1. Resolution No. 29, 2017 A Resolution Approving the Town of Vail Transportation
Impact Fee Schedule, Pursuant to Title 12-26; and Setting Forth Details in Regard Thereto
Presenter(s): Tom Kassmel, Town Engineer
Town Council Meeting Minutes of September 19, 2017 Page 7
Action Requested of Council: Adopt Resolution No. 29, Series 2107, Transportation Impact Fee
Schedule
Background: On July 11, 2017 the Town of Vail adopted Title 12-26, Transportation Impact Fee,
of the Vail Town Code. The proposed transportation impact fee applies to new developments,
including creation of any new residential dwelling units, or any new commercial floor area. The
fee does not apply to residential remodels where no additional units are added, or to
commercial remodels that do not increase square footage or change use. In order to implement
the impact fee Town Council will need to adopt a Fee Schedule.
Maximum Supportable Transportation Impact Fees
Recommended
••
n -;
153
20--
C' --3,:;r
3, .17,2lc; D.ir.. �A e- 0,-.'
37r.., ,-./.3 7..._ . v _ A'.. - .) e _ _?'r 4 -ed
s 5 3s370
3 _ ___.G:
3 s 3,5-: :0
_ 355 CC
. 53:0
.el _ ... _ v ''.4.11c e 33.7, 3 ,ts -ce, t e Corer.....,
S ',15C. o
, 7 377_,_
5 a'CS.CO
S 5.33:.50
5 5.3&_:c
s,- 153, S -El: 'a ,
S 9 5155 CO
'OI 73
; 3 71' 40
5 :33 10
S 7 745„13,3
05
-
-
5•
..-+t ,. I_ _,
.._. _.
- .. -.
_
..."..'i.
:17 S.:
77
13_
- . _, -e ..,. .
_ 11
. . .
5 ..
5
f __ a C1t Se . ___
_ . _..
_ '.,._
.. s
_ _._.,
._6
Total Projected Revenue
$ 18,244,320.00
$ 17,332,104.00
$ 16,419,868.00
$ 15,507,672.00
$ 14,595,456.00
Total Additional Amount Subsidized by Town
5 2.553,105CC0
5 3155,,075437
S 4375, 2,00
5 5,750,57'5 C.0
5 5,202,721X
There was some brief discussion about the proposed rate schedule (above). Due to the late
evening, a motion was made by Cleveland to table the item to a future date; Foley seconded the
motion and it passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting and Bruno seconded the motion which passed (6-0) and the meeting adjourned
at 11 p.m.
Attest:
Res•ectfully Submitted,
— •' a Chap! , a .'�
Town Council Meeting Minutes of September 19, 2017
Page 8
Vail Town Council Meeting Minutes
Tuesday, October 3, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Randy Guerriero, resident, inquired about the status of the Marriott project and comments
on several related items, 1) don't allow too many dogs, 2) opposed heated walkways, 3)
supported left hand turn lanes. He asked the town to consider buying the property for a
recreation facility.
Jen Mason thanked the Vail community for supporting the recent fundraiser for the Woods
family.
Kevin Foley noted a council candidates meet & greet would be held at the Ale House for the
public.
There was a moment of silence in memory of Dr. Tom Steinberg, a pioneer of Vail and
elected official serving 19 years.
2. Proclamations
2.1. Proclamation Friends of Libraries Week
Presenter(s): Lori Barnes, Library Director
The proclamation was read by the town council members.
3. Consent Agenda
3.1. Resolution No. 31 Series of 2017, Resolution approving an intergovernmental
Agreement between the Town of Vail and Eagle County regarding the Town of Vail recycle
drop-off site; and setting forth details in regard thereto
Town Council Meeting Minutes of October 3, 2017 Page 1
Background: This agreement allows for the Town of Vail to be reimbursed by Eagle County for
hauling costs incurred at the community recycling site. The initial IGA was formalized in
November of 2010 and has since been extended annually.
Bruno moved to approve the IGA; Foley seconded the motion and it passed (7-0).
3.2. Minutes from August 1, 2017 meeting
3.3. Minutes from August 15, 2017 meeting
Moffet moved to approve the both sets of minutes; Foley seconded the motion and it passed
(7-0).
3.4. Appointment of Regular Municipal Election Judges Memorandum — registered electors of
Colorado
Moffet moved to appoint the judges for the November 7 Regular Municipal Election; Bruno
seconded the motion and it passed (7-0).
3.5. East Lionshead Circle Sidewalk Contract Award
Moffet moved to authorize the Town Manager to enter into an agreement, in a form approved by
the Town Attorney, with Icon, Inc. to complete the E Lionshead Circle Sidewalk project in the
amount not to exceed $155,000.00; Bruno seconded the motion and it passed (7-0).
4. Town Manager Report
Clifton noted a sample report that he would be producing for the town council in the near future;
the report would include such updates on admin matters, projects, staffing, etc. Fire Chief
Novak presented an update on the Intermountain logging operations.
5. Public Hearings
5.1. Ordinance No. 13, Series of 2017, Second Reading, An Ordinance Approving the
Rezoning of Lot 1, East Vail Workforce Housing Subdivision, from Two -Family
Residential (R) District to Housing (H) District, and the Rezoning of Tract A, East Vail
Workforce Housing Subdivision, from Two- Family Residential to Natural Area
Preservation (NAP) District. (PEC17-0039)
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 13, Series of 2017, upon second reading.
Background: The applicant, The Vail Corporation (aka Vail Resorts), is requesting a zone district
boundary amendment, pursuant to Section 12-3- 7, Amendment, Vail Town Code, to allow for a
rezoning of an unplatted parcel of land from Two -Family Residential (R) District to the Housing
(H) District on the western portion of the site, and Natural Area Preservation (NAP) District on
the eastern portion of the site. On September 11, 2017 the Planning and Environmental
Commission held a public hearing on this application, and voted 6-0 to recommend approval to
the Vail Town Council for this zone district boundary amendment.
Town Council Meeting Minutes of October 3, 2017 Page 2
Staff Recommendation: The Community Development Department recommends that the
Town Council hold a public hearing on this item to take testimony, and then vote on the
second reading of this ordinance for a zone district boundary amendment.
Chapin introduced the East Vail rezoning Ordinance No. 13 and opened the public hearing.
Staff made a brief presentation per the packet memo. Chis Jarnot, VRI, thanked the town
staff, PEC, Town Council for their time spent with the application. Jarnot noted the
development of the 5.4 acre portion of the site can co -exist w/bighorn sheep just like Booth
Falls neighborhood and town shops. He requested Council to vote on application tonight,
not table, noting the company isn't interested in discussing a land swap. He presented
some history about the company's land ownership and confirmed their intent to construct
employee deed restricted housing on the site. Dominic Mauriello, Mauriello Planning Group
representing VRI, noted they have nothing further to present but available to answer any
questions. The hearing was opened to public comments:
Rol Hamelin, East Vail resident, encouraged them to consider quality of life first with this
application.
Michael Hazard urged council to move forward with this responsible development which will
create a more sustainable community.
Bill Heicker, Eagle retired district wildlife manager, expressed concern that not enough
information has been given and reviewed appropriately. He expressed concern with the
current response from Colorado Parks & Wildlife
Charlene Canada, resident, expressed concerns about transportation impacts.
Terry Meyers, representing Rocky Mountain Bighorn Sheep Society, expressed concerns
about the ability to protect the herds and requested the town make this a priority.
Chris Romer, WP, expressed the partnership's support of the development proposal noting
that it is a down -zoning which is "right" for the community.
Mery Lapin, resident, shared his perspective on the history of employee housing, requesting
the council table the matter to allow for more review and a chance to find another location
for this development. His concern was that larger development projects did not produce the
appropriate housing in the past, thus the problems.
Andy Daly, resident and former elected official as well as employee of Vail Resorts,
expressed support for the rezoning and the proposal with a request to make a decision now.
Alan Braunholtz expressed support for the rezoning and housing project and hopes
someday it might produce some kids to play in the park w/ his kids.
Jack Stephen, resident and supporter of booth creek cares, expressed a tabling of the item
and requested more time is needed to negotiate the details of the project before rezoning
the land.
Town Council Meeting Minutes of October 3, 2017 Page 3
Pati Marsh, resident, expressed concern the application has been fast -tracked with a
request the council table the application.
Patti Langmaid, resident, expressed concern there has not been enough time to review the
application and the topic at large. She expressed concerns about the impacts the project
will have on the bighorn sheep
Rick Smith, VVMC, expressed support for the rezoning and housing project since there is an
enormous demand for housing. The hospital has great difficulty finding housing for
employees which makes recruiting very difficult.
John Welaj, resident, expressed support and the need for workforce housing as critical to
the area. He encouraged council to make a decision tonight. .
Roger Cardoza, resident, expressed support for the rezoning application and the project in
light of the critical need for employee housing.
Bill Eggers, resident, thanked council for their efforts and expressed frustration that there is
no development plan to review. He noted there should more time to review the impacts on
wildlife in the area.
Pam Stenmark, resident, preferred to see the decision delayed and requested the town
review other options and location.
Mark Zachary, Rocky Mountain Bighorn Society, expressed opposition because of the
impacts on the sheep as this project will destroy their habitat.
Bill Hanlon, resident, noted the critical topics as parking and housing and encouraged the
town to be critical in its review of the project.
Michael Cacioppo expressed concern for the wildlife yet supports the ski company housing
its employees; this is the wrong location.
Public input was closed at this time and there were no closing comments from the applicants.
Council provided their input at this time. Langmaid was not supportive of the rezoning and
preferred the project be constructed at another location. Moffet noted a land trade would not
work since the land considered is zoned natural area preservation district; he does not want to
up -zone. Mason was concerned that historically the land was considered open space yet now
development is slated for the property. Bruno supported the rezoning as rights of the private
property owner. Cleveland noted the application as a rezoning only and there would be further
review of the development application. Foley supported the property owner taking the
opportunities they are allowed for under the code. Chapin noted this as a difficult and
challenging topic not only for the community but for the property owners as well.
Moffet moved to approve on second reading, Ordinance No. 13, Series of 2017, an ordinance
for a zone district boundary amendment for an unplatted parcel of land in the South 1/2,
Southeast 1/2, of Section 2, Township 5, Range 80 West 6th Principal Meridian from Two -Family
Residential (R) District to the Housing (H) District on the western portion of the site, and Natural
Area Preservation (NAP) District on the eastern portion of the site, and setting forth details in
regard thereto." He further noted the approval of the Planning and Environmental Commission
Town Council Meeting Minutes of October 3, 2017 Page 4
recommended findings and that based upon the review of the criteria outlined in Sections VII of
the Staff memorandum to the Planning and Environmental Commission dated September 11,
2017, and the evidence and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives and policies outlined
in the Vail comprehensive plan and compatible with the development objectives of the town;
2. That the amendments are compatible with and suitable to adjacent uses and appropriate for
the surrounding areas; and,
3. That the amendments promote the health, safety, morals, and general welfare of the town
and promote the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality."
Moffet also recognized the amended Ordinance No. 13 to include a section 7. Foley seconded
the motion. Cleveland noted that the zoning does not take place until the final plat is recorded.
Moffet amended the motion to accept the outside executed date of Dec 29, 2018; the
amendment was seconded by Foley. The motion passed (5-2; Langmaid and Mason opposed).
Langmaid opposed because the application didn't meet criteria no 1, 2, 5, and 8. Mason
opposed because the application didn't meet criteria no. 2, 5, 7, and 8.
A short recess was taken at this time and the meeting reconvenes at 8:10 p.m.
5.2. Ordinance No. 12, Series of 2017, Second Reading, an Ordinance Amending
Section 12-23-2, Employee Generation and Mitigation Rates, Vail Town Code to Amend
Table 23-1, Employee Generation Rates by Type of Construction Use, and to Amend the
Definition of Nexus Study in Section 12-2-2, Definitions, Vail Town Code
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: The Town Council shall approve, approve with modifications, or
deny Ordinance No. 12, Series of 2017, upon second reading.
Background: The 2006 Vail Employer Survey Summary of Results (Nexus Study) must be
updated regularly to remain effective and relevant to ensure an accurate reflection of the current
and future employee housing needs resulting from new development and redevelopment in the
town. The Nexus Study is used by the Town of Vail in administering commercial linkage
requirements for development within the Town of Vail.
Staff Recommendation: The Community Development Department recommends that the Town
Council open the public hearing and take testimony on the proposed ordinance.
Staff noted nothing changed from first reading of the ordinance. Moffet moved to approve
Ordinance No. 12, Series of 2017, Second Reading, an Ordinance Amending Section 12-23-2,
Employee Generation and Mitigation Rates, Vail Town Code to Amend Table 23-1, Employee
Generation Rates by Type of Construction Use, and to Amend the Definition of Nexus Study in
Section 12-2-2, Definitions, Vail Town Code, with the following findings:
That the amendment is consistent with the applicable elements of the adopted goals, objectives
and policies outlined in the Vail Comprehensive Plan and compatible with the development
objectives of the town; and
1. That the amendment furthers the general and specific purposes of the sign regulations; and
Town Council Meeting Minutes of October 3, 2017 Page 5
2. That the amendment promotes the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort
and residential community of the highest quality
Bruno seconded the motion. Public comment was invited and there were none. Foley
questioned the number of employees required for the eating & drinking establishments; he
suggested using Vail's local data. The motion was approved (5-2; Chapin and Foley opposed).
6. Action Items
6.1. Parking and Transportation Task Force Recommended Winter 2017-2018 Parking
Program
Presenter(s): Greg Hall Director of Public Works and Transportation
Action Requested of Council: Approve or approve with modifications the Winter 2017-2018
Parking Program as recommended by the Parking and Transportation Task Force.
Background: The Parking & Transportation Task Force was formed in 1999 in an advisory
capacity and has been enacted through the years at the direction of the Vail Town Council. In
reinstating the Task Force, the role of the 12 -member group is to provide advisory input and
recommendations on parking, transit and traffic operations.
Staff Recommendation: Staff recommends the Town Council approve the Parking and
Transportation Task Force recommendations for the Winter 2017-2018 Parking Program.
Hall reviewed the materials again and with a review of the memo — included in the packet. The
recommendations of the Parking and Transportation Task Force for the Winter 2017-2018
Parking Program are targeted to:
✓ Increase the use of the current underutilized parking supply during peak periods.
✓ Decrease the demand for parking spaces during peak periods to free up spaces.
✓ Encourage the use of carpooling and transit.
✓ Discourage the use of rental cars.
✓ Encourage the use of short-term parking for business opportunities verses free extended
parking (looping) and the free 2 hour local ski outing.
✓ Encourage the reduction in Vehicle Miles of Travel VMT as outlined in the Town's
Environmental Strategic Plan as a 20% VMT reduction goal.
✓ Task Force also recommends rolling back free period from current 2 hours of free parking to
90 minutes of free parking.
It was noted that increases in winter parking rates are being recommended to address supply
and demand strategies and a decrease from 2 hours to 90 minutes allotted for free parking, see
recommended rate structure and parking pass prices below:
Town Council Meeting Minutes of October 3, 2017 Page 6
Recommended Rate Structure:
Existing Proposed
0 to 30 Free Free
30 to 1 Free Free
1 to 1 5 Free Free
1 5 to 2 Free $5
2to3 S15 $10
3 too S20 $20
4 to 15 S25 $30
15 to 24 $25 $40
Recommended Parking Pass Prices
Existing Proposed
Gold S3250 $3250
Silver S1800 $2000
Blue $1100 $1500
Green S 500 $750
Pink S150 $300
There was further dialogue about the "free parking", a parking validation process, and overnight
parking rate, county transit services. There was overall support for the recommendations with a
few changes, i.e. pink pass priced at $200; overnight parking at $50 (see changes below).
Recommended Parking Pass Prices
Existing Proposed Revised
Gold $3250 $3250 $3300
Silver $1800 $2000 $2000
Blue $1100 $1500 $1250
Green $500 $750 $625
Pink . $150 $300 $150
6.2. Ordinance No. 14, Series 2017, First Reading, an Ordinance adopting a budget and
financial plan and making appropriations to pay the costs, expenses and liabilities of the
Town of Vail, Colorado for its fiscal year January 1, 2018 through December 31, 2018
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments Ordinance No. 14, Series
2017
Background: Please see attached memo
Staff Recommendation: Approve or approve with amendments Ordinance No. 14, Series 2017
Finance Director Kathleen Halloran presented highlights from the council packet memo as well
as responses to the inquiries made during the Sept. 19 meeting. Consideration was given to
the following items:
• Funding request for Seibert sculpture; there was a request for more information and not to
include it in the 2018 budget at this time.
• Spring Back To Vail Funding which was reviewed and included in the 2018 budget
Town Council Meeting Minutes of October 3, 2017 Page 7
• Funding history for housing and community building as presented by a summary worksheet;
there was further detail presented by the town manager about housing program staffing and
strategic planning implementation.
Moffet moved to approve Ordinance No. 14, Series 2017, First Reading, an Ordinance adopting
a budget and financial plan and making appropriations to pay the costs, expenses and liabilities
of the Town of Vail, Colorado for its fiscal year January 1, 2018 through December 31, 2018.
Bruno seconded the motion. Foley asked about the proposed 4% merit increase and requested
a five year history summary for consideration at second reading. Public input was heard from
Steve Lindstrom, VLHA, who expressed funding support for the housing initiatives. The motion
passed (6-1; Foley opposed).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned
at 10:30 p.m.
Attest: 11
Respectfully Submitt:
.ILI
/
Dave Chap
Town Council Meeting Minutes of October 3, 2017 Page 8
Vail Town Council Meeting Minutes
Tuesday, October 17, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Mayor Chapin spent a moment recognizing Morrie Shepard, Vail's first ski school director who
passed away, who worked with many of the pioneers of Vail.
Patti Langmaid, resident, expressed opposition to the patio at the Village Parking structure as
an extension of La Cantina. She demonstrated the proposed size of the patio noting that it
would ruin the beautifully landscaped area and entrance to Vail Village.
Penny Wilson, resident, thanked the town for the berm at their property and expressed support
for keeping the two hour timeframe as free parking.
Bill Hanlon, resident, thanked council for honoring he and his wife as the July 4th parade grand
marshals and also shared his thoughts about Vail as a community moving forward, to sustain it
as a recreational mountain community with young & active residents and a continued priority to
create more housing.
Leah Obrien, resident, read from a draft proclamation from the Vail Rotary Club acknowledging
polio days which will be celebrated on Oct. 24.
Michael Cacioppo expressed his opposition to reducing the free parking from 2 hours to 90
minutes and his concerns about the county's ballot questions 1A.
Kim Langmaid requested council's consideration of the following two topics:
1. Requested support for a feasibility review of the property next to the Middle Creek Housing
project to use for more workforce housing.
There was not enough council support for this study; it was noted the parcel is already zoned as
natural area preservation district.
Town Council Meeting Minutes of October 17, 2017 Page 1
2. Requested staff time to help determine next steps needed to pursue bighorn sheep
collaborative regarding East Vail property.
There was council support of this request to have staff time dedicated to this topic.
2. Consent Agenda
2.1. Minutes from September 5, 2017 meeting
Moffet moved to approve the minutes from Sept. 5; Bruno seconded the motion and it passed
(6-0; Mason abstained).
2.2. Minutes from September 19, 2017 meeting
Moffet moved to approve the minutes from Sept. 19; Bruno seconded the motion and it passed
(7-0).
2.3. Resolution No. 36, Series of 2017, A Resolution Approving the Operating Plan and Budget
of the Vail Local Marketing District, for its Fiscal Year January 1, 2018 through December 31,
2018
Moffet moved to approve Resolution No. 36; Cleveland seconded the motion and it passed (7-
0). It was noted that the VLMD approved the 2018 budget earlier that day. Foley noted that he
proposed at that time using some of the VLMD budget to fund iconic events, i.e. music and
dance, and using the savings of that in the General Fund for housing efforts.
3. Town Manager Report
Presenter(s): Greg Clifton, Town Manager
Clifton highlighted his first report as a sample of what he would like to provide moving forward.
Council supported this communication report.
Greg Hall, Public Works Director, presented an update about the Red Sandstone Elementary
school parking structure estimated costs. He noted that the design and construction for the
engineering items related to accommodating the building with further upward expansion would
create additional costs for the project. There continued to be support for this component of the
project. Hall also spoke briefly about the parking rates that were recently adopted.
4. Presentations / Discussion
4.1. Short Term Rental policy discussion
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Staff is requesting further clarification from Council on policy
direction and will return with an ordinance on November 7th.
Background: Over the course of two public input sessions this summer and four Council
meetings, staff has received direction on regulations for the short term rental market. There are
several other policy considerations that staff would like Council's direction prior to developing an
ordinance.
Staff Recommendation: Direct staff on additional policy changes, if any, prior to a proposed
ordinance scheduled for November 7th.
Town Council Meeting Minutes of October 17, 2017 Page 2
Finance Director Halloran presented some final components of this short-term rental policy in
order to draft the legislation addressing regulations. The items staff is reviewing included:
• Revise the current ordinance to remove the 14 -day threshold to require a license
• Create a penalty / fine structure for the unlicensed operation of short-term rentals
• Require an affidavit to be signed by the licensee to acknowledge trash, noise and parking
violations as well as verifying life safety precautions are in place.* Staff has another
suggestion based on additional research. Please see below for details on the concept of a
third party inspector.
• Require a local property contact for each rental which must be posted in the interior of the
rented unit for renters, as well as documented with the town.
Other topics reviewed with public input included:
1. Joint ownership. Specifically this entails a required sign -off by a neighbor sharing a party
wall, for example a duplex owner. Does Council wish to include a requirement relating
to joint ownership in the ordinance?
Public comments were heard from:
Stephen Connelly: permission should come with the renewal process
• Penny Wilson, Leah O'Brien: requested that HOA should become part of the approval
process
• Dennis Linn: supported co-owner consent
• Michael Cacioppo: doesn't support taking away people's property rights
Council requested more info about the joint ownership language in terms of sign off and
violation of property rights.
2. Safety: Council has initially approved the town requiring an owner -signed affidavit verifying
that the owner has complied with short term rental safety requirements such as CO2 monitors,
smoke detectors and occupancy limits. Sample checklists are attached (Attachment A) which
provides a lot of detailed considerations.
Public comments were heard from:
Dennis Linn: requested government involvement for home inspections in an effort to keep a Vail
standard for accommodations
Stephen Connelly: doesn't support third party inspections
Council supported:
✓ a checklist affidavit that was life -safety oriented only
✓ No third parties contractors involved for inspections
✓ No inspections
3. Safety: Based on additional research, staff would like to propose another option for
addressing safety concerns. Rather than rely on an affidavit, the owner could be required to
obtain an inspection from a third party company as part of the annual licensing process. Staff
would suggest that a standard checklist form be used by the inspector and could provide a list of
accepted vendors. Does Council wish to require an affidavit or an outside inspection prior
to licensing and license renewal?
Town Council Meeting Minutes of October 17, 2017 Page 3
4. Also on the topic of safety, citizens have expressed concerns with snowy/icy exterior
walkways and stairs as potential hazards to vacationing guests. Does Council wish to include
exterior walkways in the safety requirements?
There was not any council support for third party inspections related to numbers 3 and 4.
5. Council previously discussed tracking violations of the town's current noise, trash, and
parking ordinances for the purposes of license revocation. Does Council wish to add a
regulation to enable the town staff to revoke a business license if a certain number of
verified violations occur for a particular rental unit? Staff believes that license revocation
may be an effective enforcement tool. It could be structured with a revocation hearing
and applicable criteria to ensure a fairly administered process.
There was some discussion about the licensing and revocation of licenses as a useful tool for
monitoring the STR environment. Staff will continue to research this component keeping it
simple and stream -lined in administrative efforts. Stephen Connolly noted the goal as
preserving the quality of life for everyone in the neighborhoods.
6. With enforcement in mind, the posting of a rentals license number on the exterior of the unit
would greatly improve reporting of complaints or violations that must be verified by police or
code enforcement. A call into Dispatch or responding officers may not be able to readily identify
if the location is a rental or confirm the exact address and unit number. Without a confirmed
location, it will be difficult to prove that a violation has occurred. Other communities such as
South Lake Tahoe, Hood River, Oregon, and Santa Cruz County, California have implemented
an exterior posting of the license number. South Lake Tahoe for example uses a 12"x12" sign
placed near the main doorway and Santa Cruz signs are limited to 216 square inches. Any
regulation surrounding exterior signage would have to first be approved by the Design Review
Board (DRB). Does Council support exterior posting of license numbers?
In general there was not support of posting the exterior of the properties but rather it was
suggested using some kind of database that identifies information about the properties used for
short term rental. There was support for interior posting of ownership information to be
required win 5 feet of the front door
7. Since the last Council discussion on STRs, staff has learned of new legislation passed in
San Francisco that is gaining traction with other municipalities. The new regulation requires
hosting platforms such as VBRO or Airbnb to verify that a rental is licensed with the municipality
prior to listing the advertisement. The hosting platforms are allowed to use multiple methods to
verify licensing. Other municipalities pursuing this same regulation include Santa Monica,
California and Miami -Dade County, Florida. Does Council wish to pursue requiring hosting
platforms to confirm licensing prior to posting a rental online?
This item was supported but it was suggested to possibly include it at a later date.
Halloran also noted a number of items that are currently active to implementing their program
i.e. software research, database updates, identify enforcement practices and how to
communicate with owners, drafting educational tools and communications, forms for the str
licensing, identify how to track complaints. Legislation would be drafted and presented at the
next meeting taking into consideration the input.
Town Council Meeting Minutes of October 17, 2017 Page 4
5. Action Items
5.1. Resolution No. 32, Series of 2017, Resolution supporting Eagle County Ballot
Issue 1A — funding mental health and substance abuse services in Eagle County through
the taxation of retail marijuana
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Council is asked to vote on the resolution.
Moffet moved to approve Resolution No. 32, Series of 2017; Langmaid seconded the motion
and it passed (7-0). There was no public input on the topic.
5.2. Resolution No. 33, Series of 2017, Resolution of Support for the Vail Park And
Recreation District Ballot Issue at the November 7, 2017 Special Election
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Council is asked to vote on the resolution.
Mike Ortiz, Director of VRD, spoke on behalf of the election and proposed ballot question.
Moffet moved to approve Resolution No. 33, Series of 2017; Foley seconded the motion and it
passed (7-0). Michael Cacioppo expressed support of this ballot proposal.
5.3. Resolution No. 34, Series of 2017, A Resolution in Support of Ballot Question 1 on
the November 7, 2017 Town of Vail Election Ballot; and Setting Forth Details in Regard
Thereto
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Council is asked to vote on the resolution.
Moffet moved to approve Resolution No. 34, Series of 2017; Foley seconded the motion and it
passed (7-0). There was no public input on this topic.
5.4. Resolution No. 35, Series of 2017, A Resolution Approving a Development
Agreement Between the Town of Vail, The Vail Local Housing Authority and Sonnenalp
Properties, Inc.
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Approve, Approve with Conditions or Deny Resolution No. 35,
Series of 2017.
Background: Sonnenalp Properties Inc. owns real property within town limits with a physical
address of 501 N. Frontage Rd. W. The owner wishes to develop deed restriction property for
employee housing which will consist of 65 residential dwelling units within one building, parking
and walkway improvements as well as renewable energy options. In exchange for the Deed
Town Council Meeting Minutes of October 17, 2017 Page 5
Restriction, the Town shall pay the Developer $4,225,000 (the "Town Contribution"). The Town
Contribution is based on a per Unit price of $65,000 (for 65 Units).
Community Development Director George Ruther presented background and noted the town
will call upon the new Vail InDEED program to help fund the project. The 65 new Solar Vail
rental units would be a combination of studio, one and two bedroom and 16 of the new
apartments at Solar Vail would be available for businesses and individuals not associated with
Sonnenalp Properties. This involves purchase of 65 deed restrictions on property at $65K per
unit for total of $4.225 million. There was Public input heard at this time:
Chris Romer, VVP, noted that Eagle County did not license businesses in incorporated Eagle
County and expressed support for the project and the public-private partnership.
Rick Smith, Chief Administrative Officer for the new Vail Health, expressed support for the
project which shows vision and courage.
Steve Lindstrom, VLHA, noted their recommendation, thanked Goerge Ruther for working this
public-private partnership and noted these kinds of projects will be pursued as a model.
Moffet moved to approve Resolution No. 35, Series of 2017, A Resolution Approving a
Development Agreement between the Town of Vail, The Vail Local Housing Authority and
Sonnenalp Properties, Inc.; Bruno seconded the motion and it passed (7-0).
6. Public Hearings
6.1. Second reading of Ordinance No. 14, Series 2017, an Ordinance adopting a budget
and financial plan and making appropriations to pay the costs, expenses and liabilities of
the Town of Vail, Colorado for its fiscal year January 1, 2018 through December 31, 2018
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments Ordinance No. 14, Series
2017
Background: Please see attached memo
Staff Recommendation: Approve or approve with amendments Ordinance No. 14, Series 2017
Chapin opened the public hearing at this time. There was a review of the memo included in the
council packet. There was some discussion about the housing budget, salaries, and
transportation items.
Cleveland moved to approve on second reading, Ordinance No. 14, Series 2017, an Ordinance
adopting a budget and financial plan and making appropriations to pay the costs, expenses and
liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2018 through December 31,
2018. Bruno seconded the motion and it passed (6-1; Foley opposed). Foley expressed
concern about the ability to sustain the increases in wages over time. Cleveland noted the town
has been an average payer and budget for next year is in line with that philosophy. Public input
was invited and Steve Lindstrom spoke about the housing budget and the need to fund it as a
program. He also thanked Cleveland for his years of support and actions related to housing. .
Town Council Meeting Minutes of October 17, 2017 Page 6
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned
at 8:40 p.m.
Respectfully ubmitted
hapin, M-9• V
Town Council Meeting Minutes of October 17, 2017 Page 7
A
Vail Town Council Meeting Minutes
Tuesday, November 7, 2017
3:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 3:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Dick Cleveland
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. DRB / PEC Update
1.1. DRB / PEC Update
Presenter(s): Chris Neubecker, Planning Manager
There were no call up of the most recent DRB or PEC actions.
2. Presentations / Discussion
2.1. Update on Gore Creek Macroinvertabrate Scores
Presenter(s): Dave Rees, Timberline Aquatics and Pete Wadden, Watershed Education
Coordinator
Action Requested of Council: As this in an informational presentation only, there is no action
requested of Council at this time.
Background: Dave Rees, aquatic entomologist, will provide an overview of his surveys of Gore
Creek Macroinvertebrate populations from 2016. Gore Creek has been listed as an "Impaired
Waterway" by the Colorado Department of Health and Environment for failing to meet EPA
standards for aquatic life since 2012. The town and its partners have undertaken major efforts to
reverse the downward trend in insect populations in the creek. In 2016, some improvements in
aquatic insect populations were observed in several monitoring locations in the creek, while
declines were observed in others. Rees will present the findings from 2016 and offer analysis of
what the scores indicate about the current status of Gore Creek.
The presentation covered an overview of the surveys of Gore Creek bug populations from 2016.
Results included both improvements and declines on various locations of the creek.
Town Council Meeting Minutes of November 7, 2017 Page 1
2.3. Presentation of the Commission on Special Events (CSE) funding allocations for
2018 Cultural, Recreational and Community Events and Education and Enrichment
Programming
Presenter(s): Mark Gordon, Commission on Special Events
Action Requested of Council: Informational only. No formal action required.
Background: The CSE received 49 proposals in response to the RFP for 2018 events/programs
that was issued in August. "Special Event Rating Criteria" was used to evaluate all proposals
with respect to how they align with a strategic approach to providing a diverse calendar of
events that are well matched to the Vail brand and will exceed the expectations of the Vail
guest.
Staff Recommendation: The CSE believes this is a strong calendar of events aligned with the
Town Council's mission of providing our citizens and guests with "an abundance of recreational,
cultural and educational opportunities" that will continue to drive increased results and
contribute to providing thought provoking educational and life enriching opportunities.
It was noted that of 49 funding proposals, 41 of them were slated for funding from CSE. There
were additional comments made about the Legacy Fighting Alliance, mixed martial arts sporting
event, TEDxVail, Vail Craft Beer, and Vail Centre proposals. Concerns were expressed about
meeting brand and the details of the programming. Moffet moved to call up recommended
funding allocations for Vail Centre, Betty Ford Alpine Gardens and King of the Mountains event
for further detailed discussion and evaluation. Foley seconded the motion and it passed (6-1;
Mason opposed).
2.2. The Vail Valley Foundation will present the opportunity for Vail to host one stage
of the 2018 Colorado Classic on Friday, August 17, 2018.
Presenter(s): Mike Imhof, Vail Valley Foundation
Action Requested of Council: No action requested. Informational and discussion purposes only.
Background: The Colorado Classic & Velorama Festival is a professional bike race and music
festival including an expo and food & beverage offerings. The event producers are currently
scheduling their 2018 schedule and stage locations. The VVF is interested in acting as the
hostorganizer for a stage in Vail and partnering it with their Whistle Pig music festival event
occurring the same weekend.
Staff Recommendation: Staff recommends exploring the opportunity of one stage of the
Colorado Classic in Vail on Friday, August 17, 2018.
Discussion was held on the possibly hosting of the Colorado Classic in August 17, 2018. Imhof
explained the different options of the proposed event, i.e. time trial vs. circuit race. Town
Council was generally supportive of the proposal with preference for multi-year commitment,
two-stage event. More negotiations would occur and VVF would return with an update at the
next meeting.
Town Council Meeting Minutes of November 7, 2017 Page 2
falaw 3. Information Update
3.1. VLHA Meeting Results
3.2. September 2017 Sales Tax Report
3.3. August 2017 Vail Business Review
3.4. Revenue Update
4. Matters from Mayor, Council and Committee Reports
Several committee and town updates were presented by council members.
5. Executive Session
5.1. Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(b) - to receive legal advice on
specific legal questions Regarding: Topic of which cannot be disclosed without jeopardizing the
purpose of the Executive Session.
Moffet moved to convene to an executive session; Foley seconded the motion and it passed
(7-0) at 4:45 p.m. The executive session adjourned at 5 p.m.
6. Consent Agenda
6.1. Resolution No. 37, Series of 2017, A Resolution Approving an Amended and Restated
Reciprocal Hazardous Material Incident Intergovernmental Agreement; and Setting Forth Details
in Regard Thereto.
6.2. Minutes from October 3, 2017 meeting
6.3. Minutes from October 17, 2017 meeting
6.4. Contract Award to Adcon
Moffet moved to approve the consent agenda; Cleveland seconded the motion and it passed
(7-0).
7. Town Manager Report
It was noted a community reception would be held November 14 to recognize the new town
manager, the police chief and the streets superintendent.
8. Break estimated at 5:15 p.m.
9. Citizen Participation began at 5:30 p.m.
Bob Armour, resident, spoke about signage at the Sandstone underpass and flashing signs in
general; he does not support excessive signs or flashing signs. In addition, he thanked Dick
Cleveland for his years of service to the Town.
Tom Saafield, VRD Chairman, thanked the town for their support of their election question and
passage of the mil levy tax increase; he looked forward to working cooperatively together.
Penny Wilson, resident, spoke about winter parking policies requesting the enforcement of
looping and a return to the two hour free parking.
Town Council Meeting Minutes of November 7, 2017 Page 3
10. Action Item
10.1. Resolution No. 29, Series of 2017 A Resolution Approving the Town of Vail
Transportation Impact Fee Schedule, Pursuant to Title 12-26; and Setting
Forth Details in Regard Thereto
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve, modify or deny Resolution No. 29, Series 2017.
Background: On July 11, 2017 the Town of Vail adopted an amendment to Title 12 of the Vail
Town Code to add a new Chapter 26, Transportation Impact Fee. In order to implement this fee
the Town Council must approve a Transportation Impact Fee Schedule by Resolution.
After a brief presentation, Mayor Chapin invited public comment and Tom Braun, Braun &
Associates, and Jim Lamont, Vail Homeowners Association, provided input on the topic. Bruno
moved to approve Resolution No. 29, Series of 2017 A Resolution Approving the Town of Vail
Transportation Impact Fee Schedule, Pursuant to Title 12-26; and Setting Forth Details in
Regard Thereto, with a 15% reduction in the fee; Foley seconded the motion and it passed (6-1;
Moffet opposed).
10.2. Permission to Proceed - Solar Vail Access
Presenter(s): Justin Lightfield, Planner
Action Requested of Council: The Community Development Department requests that the Town
Council evaluate the proposal to utilize Town of Vail property for the purposes of improved
access for the redevelopment of Solar Vail. This utilization of Town of Vail property would be
subject to the terms of an access easement in a form acceptable to the Town Attorney.
Background: The proposal includes a modification to this existing access driveway to improve
both vehicular and pedestrian safety, and two sidewalks to the west to provide pedestrian
access to the existing bus stop. The proposal within Tract A includes a driveway, sidewalks, and
lighting. The access improvements impact approximately 2,000 square feet of Tract A. The
proposal on Potato Patch, Block 2, Lot 8 (zoned General Use), includes two walkways totaling
280 square feet. The Applicant must obtain approval from the Vail Town Council as the property
owner before proceeding through the Town's development review process for any
improvements on Town owned property.
Staff Recommendation: Instruct Town Staff to sign the development application on behalf of the
property owner and permit the project to proceed through the development review process for
the proposed improvements.
Moffet moved to approve the permission to proceed through the town development review
process with the Solar Vail access application. The motion was seconded and approved (7-0).
10.3. First reading of Ordinance No. 15, Series 2017, an ordinance amending Title 4 of
Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental
Properties, and repealing sections in conflict therewith
Town Council Meeting Minutes of November 7, 2017 Page 4
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve, deny or approve with amendments Ordinance No. 15,
Series 2017.
Background: Please see the attached memo outlining proposed changes to short term rental
regulations based on feedback from Council throughout the year.
Staff Recommendation: Approve, deny or approve with amendments Ordinance No. 15, Series
2017
After a brief introduction of the topic and some discussion about the join ownership terms of the
short-term rentals as it relates to duplexes, public input was invited by Mayor Chapin.
• Dinnis & Shelia Linn expressed support for the joint ownership.
• Leah O'Brien noted there is a loss of community and rental property with short term rentals.
• Joe Staufer expressed concern about allowing this kind of use in the residential areas.
• Stephen Connolly requested more provisions addressing shared spaces.
• Bill Fleischer expressed concern with the legislation.
Council's comments addressed the local property contact, on-site posting of the contact
information, the affidavit requirements for the life -safety measures. The council voted to table
the short term rental ordinance to allow staff to make changes as directed by town council (6-1;
Moffet opposed).
11. Public Hearing
11.1. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing
Special Development District No. 42 (Vail Mountain View Residences), pursuant to
Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the
development of a mixed use building consisting of 15 dwelling units with 20 attached
accommodation units (lock -offs), and 15 employee housing units, located at 430 and 434
South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard
thereto.
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 9, Series of 2017, upon first reading.
Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is
requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special
Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15
dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units
(EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
Staff Recommendation: On October 23, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to
the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the
PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail
Town Council.
Town Council Meeting Minutes of November 7, 2017 Page 5
Ordinance No. 9 was tabled to the December 5, 2017 meeting.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (7-0) and the me_ ting adjourned.
Attest:
Res. ectfu Ily
ave Chapi , Mayor
Town Council Meeting Minutes of November 7, 2017 Page 6
Vail Town Council Meeting Minutes
Tuesday, December 5, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Jeannie McQueeney, Eagle County Commissioner, thanked vail town council for their support of
the mental health ballot question and presented a poster that would support the effort.
2. Proclamations
2.1. Proclamation No. 8, Series of 2017, Proclamation Declaring December 8, 2017 as "WhoVail
Day"!
Presenter(s): Dave Chapin, Mayor
Vail Town Council read the proclamation to the audience and thanked the Four Seasons for
their promotion of the holiday community spirit.
3. Consent Agenda
3.1. Resolution No. 27, Series of 2017, A Resolution Approving the Purchase of Real
Property in the Town of Vail Legally Described as Altair Vail Inn Condominium, Unit
#A104, Eagle County, Colorado with a Physical Address of 4192 Spruce Way, Vail,
Colorado
Moffet moved to approve Resolution No. 27 in an amount not to exceed $267,500; Bruno
seconded the motion and it passed (7-0).
3.2. Resolution No. 42, Series of 2017 A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Eagle County for Animal Control Services; and
Setting Forth Details in Regard Thereto
Moffet moved to approve Resolution No. 42; Bruno seconded the motion and it passed (7-0).
Town Council Meeting Minutes of December 5, 2017 Page 1
3.3. Minutes from November 7, 2017 meeting
Moffet moved to approve the minutes; Bruno seconded the motion and it passed (6-0; Coggin
abstained).
4. Town Manager Report
4.1. Town Manager Report
Presenter(s): Greg Clifton, Town Manager
It was noted that the town needed to appoint an elected official to serve on the Compact of
Colorado Communities; Chapin was appointed to continue serving as Vail's representative.
It was noted Town of Vail retained its Bicycle Friendly Community designation. And recognition
and thanks were given to staff members Gregg Barrie and Mark Hoblitzel for their efforts in
writing a grant to obtain funding for electric buses.
5. Action Items
5.1. Resolution No. 40, Series of 2017 Resolution to join the Eagle County Climate
Action Collaborative and setting forth details in regard thereto
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager
Action Requested of Council: Staff requests the Vail Town Council review the Memorandum of
Understanding associated with Resolution No. 40, Series of 2017, to join the Eagle County
Climate Action Collaborative, and approve, approve with modifications, or deny Resolution No.
40.
Background: The Climate Action Collaborative is the next step of the Climate Action Plan for the
Eagle County Community and the proposed organizational structure to accomplish the goals of
the Plan.
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 40,
Series of 2017 as written.
Bertuglia gave a very brief presentation. Moffet inquired about the standalone resolution and
the exhibit included in the packet; Bertuglia noted there was not a commitment to any financial
resources at this time. Moffet moved to approve Resolution No. 40, Series of 2017 Resolution
to join the Eagle County Climate Action Collaborative and setting forth details in regard thereto;
Bruno seconded the motion. Public input was invited; none was given. The motion passed
(7-0).
4.1 Town Manager Report — continued
At this time, George Ruther, Community Development Director, presented the status and
progress on the Chamonix Neighborhood Project and noted a slight delay with construction, up
to three weeks.
5.2. Resolution No. 41, Series of 2017, Resolution to join the Compact of Colorado
Communities and setting forth details in regard thereto
Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager
Town Council Meeting Minutes of December 5, 2017 Page 2
Action Requested of Council: Staff requests the Vail Town Council review Resolution No. 41,
Series of 2017 and associated materials and approve, approve with modifications, or deny,
Resolution No. 41, Series of 2017.
Background: Founded by Mayor Steve Skadron (City of Aspen), the Compact of Colorado
Communities has been established to bring cities and counties together to take constructive and
practical climate action.
Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 41,
Series of 2017.
Bertuglia briefly spoke about the environmental programming of the organization, Compact of
Colorado Communities. Moffet moved to approve Resolution No. 41, Series of 2017,
Resolution to join the Compact of Colorado Communities and setting forth details in regard
thereto, confirming the financial commitment as $2,000. Bruno seconded the motion and it
passed (7-0).
5.3. Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of
Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the
2015 International Fire Code, concerning open burning
Presenter(s): Mike Vaughan, Fire Marshal
Background
At the August 1, 2017 Town Council meeting, direction was provided to staff regarding
amending Town of Vail Code regarding open burning. The Ordinance No. 19, Series of 2017 is
based upon direction provided to staff by Town Council. Currently open burning is addressed in
Title 5, Chapter 8 and Title 10 Chapter 1 (amendments to the International Fire Code) of the Vail
Town Code. Within these two sections, there are currently conflicts regarding regulations related
to open burning. The proposed Ordinance will repeal Title 5, Chapter 8 of the Vail Town Code
and amend Title 10, Chapter 1 to clarify permissible and prohibited activities related to open
fires.
Summary of Changes
1. Definitions updated to clarify difference between outdoor burning and the use of outdoor
fireplaces
2. Expand prohibition of open burning to include outdoor fireplaces during Stage 2 and Stage 3
fire restrictions and Red Flag Fire Weather Warning days
3. Provides extinguishment authority in situations in which the smoke from an otherwise
permissible open burning is creating a nuisance or health hazard
4. Provides specific guidance on use of outdoor fireplaces
5. Establishes a prohibition on the use of portable outdoor fireplaces in short term rental units
Note: The proposed regulations do not apply to outdoor fireplaces which burn propane or
natural gas.
Clarification was made with regard to bonfires vs. solid fuel fire and the open burning situations,
which are outlined in the international fire code. No public input was given. Moffet moved to
Town Council Meeting Minutes of December 5, 2017 Page 3
Approve Ordinance No. 19, Series of 2017, First Reading, Ordinance repealing Chapter 8 of
Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of the 2015
International Fire Code, concerning open burning. Bruno seconded the motion and it passed
(7-0).
5.4. Ordinance No. 20, Series 2017, First Reading, An Ordinance Making Adjustments
to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate
Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health Insurance
Fund, and Timber Ridge Fund
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No. 20, Series
2017
Smith summarized a number of highlights of the supplement budget ordinance, noting that
across all funds, the supplemental request would adjust the budget to reflect $7,555,995 of
additional revenue and proposes an increase of $8,102,452 to expenditures.
She noted that during the 2018 Budget process and in response to comments regarding the
implementation and funding of the Housing Strategic Plan, staff proposed the creation of an
internal Housing Fund. Per the Governmental Accounting Standards Board (GASB) and
confirmed by our auditors, this housing fund does not qualify to be treated as a separate fund
because there is not a unique funding source (for example, a dedicated tax revenue). However,
we can separately present on a budget basis a "Housing Fund" which would consolidate into the
Capital Projects Fund for financial reporting purposes. The Housing Fund is a Town of Vail fund,
not a component of the Vail Local Housing Authority. Town Council will need to appropriate the
budget for the Housing Fund in the normal budget process.
Details were reflected in the council packet memo addressing all funds:
• General Fund
• Capital Projects Fund
• Housing Fund
• Real Estate Transfer Tax (RETT) Fund
Public input was invited and Steve Lindstrom, VLHA, thanked staff and administration for their
efforts in segregating the funds for housing. Moffet moved to approve Ordinance No. 20, Series
2017, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund,
Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund,
Heavy Equipment Fund, Health Insurance Fund, and Timber Ridge Fund. Bruno seconded and
the motion passed (7-0).
6. Public Hearings
6.1. Ordinance No.15 Series 2017, second reading, an ordinance amending Title 4 of
the Vail Town Code by the addition of a new Chapter 14, entitled Short Term Rental
Properties, and repealing sections in conflict therewith
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments Ordinance No. 15, Series
2017
Town Council Meeting Minutes of December 5, 2017 Page 4
Background: Please see attached memo
Staff Recommendation: Approve or approve with amendments Ordinance No. 15, Series 2017
Chapin opened the public hearing. Halloran noted the changes between first and second
reading. She explained the highlighted sections of the council packet memo, which addressed
such items as 1) required application process which includes a renewal, 2) exemption for full
time onsite property management companies, 3) inclusion of joint ownership terms requiring
approval of property owners who have shared common property, 4) affidavit requirement, 5)
requirement and identification of a property contact, 5) posting of licensing, 6) compliance with
health and safety standards, 7) identifiable and transparent complaint process with proposed
effective date. Public input was invited at this time:
• Dennis and Sheila Linn commented on common areas joint ownership requirements and
property liability and their related concerns about insurance coverages with duplexes.
• Dick Neal, resident, expressed concern about the parking implications that will occur with
short term rental of his property.
• Sara Petersen, resident of Potato Patch Club, expressed many issues with their neighbor's
short term rentals. She extended thanks for the council's efforts with the
• Mitch Whiteford, resident, requested 3 modifications — 1) simplify the licensing process,
2) create framework of fines that escalate as incidents increase, instead of not renewing,
3) eliminate the permission concept related to duplex regulations, too many unintended
consequences
• Joanne Cahart, resident, expressed support of the ordinance noting that so many things
have changed it was time to address this "big business". She supports neighborhoods not
enclaves of short-term rental housing.
• Audrey Powell, supports the regulations and remains concerned about the common
space/shared space regulations for duplexes.
• Stephen Connelly, resident, thanked staff and town council for their efforts In drafting the
legislation. He thought it was a great starting point and suggested changes would likely
occur in the future. He offered some ideas about some of the administration of the
ordinance.
• Lawrence Donovan , resident, expressed concern about a law that would delegate to the
neighbor rights of a property owner ; must regulate with the rules addressing noise, parking,
etc. very concern as he is a real estate lawyer ; substantial lawsuits would be on the
horizon ; the kind of use is not addressed in the title work ; concerned that it would create
worse scenarios for the neighbors ; supportive of the other aspects of the legislation
• Mark Gordon, resident, offers thanks and notes the joint ownership consent clause is
worrisome without an appeal process identified; he is not supportive of giving your neighbor
property owner the decision-making rights.
• Steve Lindstrom, resident, VLHA Chairman, noted that short-term rental property does
impact long term rentals in Vail; he notes this proposal starts to measure the impacts with
the registration requirements and will hopefully then inform the future to further regulate the
situation.
• Nancy Reed, resident, supported "owner's rights" and peaceful neighborhood living.
• Jim Lamont, VHA, concerned about the joint ownership consent language, requested that
mandatory insurance be required of the operators, encouraged that an appeal process be
identified, asked that the town be conservative in regulating the environment.
Town Council Meeting Minutes of December 5, 2017 Page 5
There were no further comments from staff and council comments included the following:
➢ What is the status of the software implementation
➢ Questions about the response time from the contact person; how long should that be, 30 or
60 minutes
➢ What are the staffing needs for implementation
➢ Who will serve as the hearing officer if it is determined one would be needed
➢ What insurance requirements are regulated
Foley moved to approve Ordinance No.15 Series 2017, second reading, an ordinance
amending Title 4 of the Vail Town Code by the addition of a new Chapter 14, entitled Short
Term Rental Properties, and repealing sections in conflict therewith. Langmaid seconded the
motion. After further discussion about the joint ownership consent clause, Foley amended his
motion to remove this language requirement (4-14-4 C) and include a sixty (60) minute
response time from contact representatives, and Langmaid seconded the amendment. Chapin
followed up with some additional comments about the complaint process and response time.
The motion passed (7-0).
6.2. Ordinance No. 16, Series 2017, Second Reading, Ordinance providing for the levy
assessment and collection of town property taxes due for the 2017 tax year and payable
in the 2018 fiscal year
Presenter(s): Kathleen Halloran, Finance Director
Background: The town is required by Colorado state law to certify the mil levy by December 15
of each year.
Moffet moved to approve Ordinance No. 16, Series 2017, Second Reading, Ordinance providing
for the levy assessment and collection of town property taxes due for the 2017 tax year and
payable in the 2018 fiscal year. Bruno seconded the motion and it passed (7-0). No public input
was given on this topic.
6.3. Ordinance No. 21, Series of 2017, First Reading, Ordinance Repealing and
Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to
special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special
Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code,
Setting Forth Details in Regard Thereto
Presenter(s): Matt Panfil, Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
deny, or continue the public hearing on Ordinance No. 21, Series of 2017 to December 19,
2017.
Background: This is a request for a major amendment to Special Development District No. 36,
Four Seasons Resort to allow for the reconfiguration of existing accommodation units (AUs),
fractional fee units (FFUs), and dwelling units (DUs). The reconfiguration will result in an
increase of eight (8) AUs (12) DUs, eighteen (18) attached accommodation units
(AAUs/Iockoffs), and a reduction of thirteen (13) unsold FFUs.
Town Council Meeting Minutes of December 5, 2017 Page 6
Staff Recommendation: On September 11, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request for a major amendment to Special
Development District No. 36, in accordance with the requirements of Section 12-9(A), Vail Town
Code. At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a
recommendation of approval to the Vail Town Council. A copy of the PEC meetings results have
been included n the packet of materials. The Community Development Department
recommends the Vail Town Council opens the public hearing on this request, listens to the staff
and applicant presentations, asks questions of the staff and applicant and then continues this
public hearing to December 19, 2017 for first reading.
Panfil made a brief presentation, see council packet memo that addresses the history of the
project, the challenges it is seeing and the regulations that will be impacted, parking &
commercial linkages
Tom Braun, Braun Associates, representing owners, Extell (Real Estate Developers), and local
Extell representative, Kurt Krieg, addressed the council about the property, Four Seasons
Resort, and presented the application noting that after purchasing the subject property in
November 2016, the applicant established new goals in order to operate the Four Seasons
more efficiently and effectively. Said goals include:
• Increasing the number of standard sized hotel rooms / AUs;
• Reducing the number of suites;
• Repurposing thirteen (13) FFUs that remain unsold since the building's construction;
• Creating additional for -sale real estate; and
• Providing an incentivized rental program via the addition of attached accommodation units
(AAUs) / "lock -offs."
In order to achieve these goals, the applicant proposes the following changes to the existing unit
mix:
Existing Unit Mix
Proposed Unit Mix
Net Change
122 HUs
130 AU
TS HUs
16 DUs
28 Dwelling (Units (with 13 A.AUsi
+12 DUs 1 + 18 AUs
19 FFUs .
t FFUs
-13 FFUs
2B EHU
28 EHU
He noted the basis for repurposing the thirteen (13) FFUs for two (2) primary reasons, as
follows:
• The project was approved in 2001, but did not open as the Four Seasons untiI2010. The
applicant states that the luxury lodging industry changed significantly over this time period
and FFUs have fallen out of favor with the market.
• The property was owned and operated by a bank between 2011 and November 2016, when
the applicant purchased the property. As the applicant states, financial institutions are not
well suited to operate luxury properties and there was a lack of a long-term vision for the
property.
After some review of the homeowners association structures, the Mayor asked for public input.
There were no comments given at this time. Moffet moved to approve Ordinance No. 21, Series
of 2017, First Reading, Ordinance Repealing and Reenacting Ordinance No. 20, Series of 2005,
Providing for a Major Amendment to special Development District No. 36, Four Seasons Resort,
Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning
Regulations, Vail Town Code, Setting Forth Details in Regard Thereto, with a requirement that
an additional 2,000 sq. ft. of deed restricted employee housing to be located off-site be
Town Council Meeting Minutes of December 5, 2017 Page 7
provided. Langmaid seconded the motion. There was further discussion about whether the
request of additional housing was sufficient mitigation for the changes proposed. It was
suggested that if not the unit then additional fee -in -lieu monies be collected. It was noted the
applicants would further review the request. The motion passed (6-1; Foley opposed).
6.4. Ordinance No. 9, Series of 2017, First Reading, An ordinance establishing Special
Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-
9(A), Special Development Districts, Vail Town Code, to allow for the development of a
mixed use building consisting of 15 dwelling units with 20 attached accommodation
units (lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage
Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 9, Series of 2017, upon first reading.
Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is
requesting a first reading of Ordinance No. 9, Series of 2017, an ordinance establishing Special
Development District No. 42, pursuant to Section 12-9(A), Special Development Districts, 15
dwelling units with 20 attached accommodation units (lock -offs), and 15 employee housing units
(EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
Staff Recommendation: On October 23, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request to establish SDD No. 42, pursuant to
the requirement of Section 12-9(A), Vail Town Code. At the conclusion of the public hearing, the
PEC voted 5-2 (Kurz and Stockmar opposed) to forward a recommendation of denial to the Vail
Town Council.
Chapin opened the public hearing at this time. Staff presented the application noting the
applicant would present a very detailed presentation of the project, see presentation of staff per
the council packet. The criteria were identified, PEC feedback was reviewed. Both lack of
community benefit and too much height and density were problems the PEC identified and the
premise for the recommendation to deny the project. Dominic Mauriello, Mauriello Planning
Group, presented the application and introduction of his team. Some highlights included:
• Aerial map
• Renderings of the project from differing perspectives
■ History of vail mountain view residences
• Gore Creek group — Pete Carlson — Developer of Potential Phase 2
• What's happened since august? More ehu units are being proposed
• New programming
• Less deviation ; more benefit w/ Reduced density; traffic decrease ; setbacks are improved
• Review the site plans (aerial view) and floor diagrams
• EHU concept described
• Sustainability
• Public benefits reviewed
• Deviations described — below grade presents the issues
• Critical need for employee housing
• Hotel & lodging summary
• Public benefits - EHUs vs hotels
■ Background on zoning
• Vail village master plan highlights
Town Council Meeting Minutes of December 5, 2017 Page 8
• Others including Phase I on the property have supported the project
• Diagram of the building showing Tyrolean and Mountain View
He summarized why the project meets both short and long term goals of the town and meets
comp plans.
Chapin opened public comment at this time.
• David Foster, Foster Graham Milstein and Calisher, Denver, representing Tyrolean HOA
since last April, presented to PEC a few months ago and expressed a number of concerns
about the incompatibility of the project based on the criteria.
• Chris Romer, VVP, also speaking on behalf of Rick Smith with Vail Health, expressed
support for the project and the housing that would come with ti.
• Steadman Clinic VP of Operations also expressed support of the project noting that the
housing component would benefit his employee market.
• James Wilkins resident, VLHA member, ERWSD employee, expressed support of the
project and the housing component.
• Kerry Wallace, representing the entire Mountain View HOA for Phase I, and formerly
representing a few owners, expressed support on behalf of the Association noting their
diligence with the developer to get the project acceptable to all of them.
• Chris Hawkins, Alpine Planning, Ridgeway, CO, expressed support on behalf of the Phase I
owners and noted their work to create a project that is compatible with the criteria and
sufficient in its housing component.
• Tom Saalfeld, contact for the Tyrolean Association; expressed concern about the height and
density of the project; the proposal does not take into consideration the input from their
association.
• Stephen Connolly, resident, expressed concern about the housing component not serving
those who really are in need of affordable housing.
• Video of Jay Levine, President of Mountain View HOA, was shown to the audience and town
council; Levine expressed support of the project.
Public comment was closed at this time. Town Attorney requested council feedback about their
ability to review and act impartially with their decision making on this application. Each council
member was polled and responded that he or she would act impartiality. Closing comments
were made by the applicant addressing the public benefit of the housing and the memo
addressed the project as it related to the criteria. There were no further comments from town
staff. Council comments included:
➢ There was both support of the housing offering as the public benefit and a request for more
affordable housing
➢ While the project is sizable, it meets the public benefit and criteria
➢ Would prefer balconies be added to the units
➢ Heated streets are not preferred and requested an energy exchange if this were
implemented
Moffet moved to approve Ordinance No. 9, Series of 2017, First Reading, An ordinance
establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to
Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development
of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units
(lock -offs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1,
Vail Village Filing 5 and setting forth details in regard thereto with the following conditions and
findings, as follows:
Town Council Meeting Minutes of December 5, 2017 Page 9
Conditions:
1. "The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons,
are contingent upon the applicant obtaining Town of Vail approval of an associated design review
board application for all exterior changes to the property;
2. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject
property, the applicant shall record with the Eagle County Clerk and Recorder a Town of Vail
employee housing deed restriction for a minimum two-bedroom dwelling unit of at least 788 square
feet, located within the Town of Vail;
3. Prior to issuance of any building permit for altering the unit mix and/or unit count in the subject
property, the applicant shall pay to the Town of Vail a traffic mitigation fee, the amount of which is yet
to be determined, per net new P.M. peak hour vehicular trip.
Findings:
1. That the SDD complies with the standards listed in Section 12 -9A -8-A, Vail Town Code, or the
applicant has demonstrated that one or more of the standards is not applicable, or that a practical
solution consistent with the public interest has been achieved;
2. That the SDD is consistent with the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan and compatible with the development objectives of the town;
3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding
areas; and
4. That the SDD promotes the health, safety, morals, and general welfare of the town and promotes the
coordinated and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community of the
highest quality."
Bruno seconded the motion and it passed (6-1; Foley opposed).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Bruno seconded the motion which passed (7-0) and the meeting adjourned
at 11:30 p.m.
Attest:
Respectfully Submitted,
_
ve Chapin, ayor
Town Council Meeting Minutes of December 5, 2017 Page 10
Vail Town Council Meeting Minutes
Tuesday, December 19, 2017
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
Chris Neuswanger, local mortgage broker, shared information about Fannie Mae regulations
related to deed restricted housing and the Chamonix financing for home loans.
2. Appointments for Boards and Commissions
2.1. Appointments for Commission on Special Events (CSE)
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint three people to CSE with formal motion. Interviews for
CSE were conducted during the afternoon meeting. Three vacancies for two year terms ending
in 2019 needed to be filled with appointments from Town Council.
Bruno moved to appoint Samantha Biszantz, Rayla Kundolf and Kim Newbury Rediker to serve
two year terms to the Commission on Special Events. Moffet seconded the motion. Foley
thanked all who participated in the interviews and encouraged them to attend CSE meetings on
a regular basis. The motion passed (7-0).
3. Consent Agenda
3.1. Resolution No. 43, Series of 2017, A Resolution Approving an Amendment to
Intergovernmental Agreement Between the Town of Vail and the Colorado Department of
Transportation Regarding Vail Bridge Road Structure Replacement; and Setting Forth Details in
Regard Thereto
3.2. Intergovernmental Agreements for purchase of Motorola Consolidated 800 MHz
replacement radios
Moffet moved to approve the consent agenda; Bruno seconded the motion and it passed (7-0).
Town Council Meeting Minutes of December 19, 2017 Page 1
4. Town Manager Report
4.1. Town Manager Report
Presenter(s): Greg Clifton, Town Manager
Clifton noted the recent staff retreat and upcoming council retreat. It was agreed that a morning
retreat on January 9 at the Grand View would be scheduled.
5. Presentations / Discussion
5.1. 2018 Colorado Classic bike race update including a formal request for funding for
two stages in Vail August 16 & 17, 2018
Presenter(s): Mike Imhof, Vail Valley Foundation
Action Requested of Council: Council approve or deny request for event funding.
Background: The Vail Valley Foundation (VVF) presented to Council on November 7, 2017 an
informational update presenting the opportunity for the Town of Vail to host one or two stages of
the 2018 Colorado Classic on August 16 & 17, 2018. The WF informed Council that they would
take their feedback to the event organizers to better understand the overall event opportunities,
RFP requests, and costs in order to return with a formal funding request.
Jen Mason recused herself from the discussion noting her conflict of interest associated with
employment with the Vail Valley Foundation. Mike Imhof, VVF, made some staff introductions,
Tom Boyd, Sara Franke, Mac Garnsey; as well as the event promoters, Velorama: Tom Gart,
Jim Burrell (with Medal Sports), David Kopf, (Colorado Classic owner). He noted the WF met
with promoters to evaluate the ability to host another bicycle race in Colorado, taking what was
been learned over time with Vail bike racing, and most recently the Pro Cycling Challenge. The
dialogue has been active for the past two years and has come to fruition with this current
proposal; Imhof presented the highlights of the event and proposal, as follows:
COLORADO CLASSIC
VAIL
"Classic racing retums to most cycle -loving
state in America"- CNN
2018
4 TOTAL STAGES
2 CMES (2 mutes in Vat, 2 routes i,, Denver)
AUGUST 14 & 17, 2018 - VAIL STAGES
THURSDAY RACE FORMAT: CIRCUIT/MULTIPLE
FRIDAY RACE FORMAT: TIME TRIAL
ANCILLARY EVENTS:
LIFESTYLE + BIKE EXPO
CITIZEN (amateur) + STRIDER RIDES
MUSIC, FOOD, + DRINKS
Other topics addressed included:
✓ Media Coverage Strategy
Come for the racing, stay for the music
20,000+ estimated fans in attendance
Thursday — Saturday dight
Bike event will dovetail with
headliner music performances at
the Gerald R. Ford Amphitheater on
Aug. 17 + 18;
Food. Beer, and Expo Festival
Loco business integration. positive
economic impact
Town Council Meeting Minutes of December 19, 2017 Page 2
✓ Lodging
✓ Recommended Route — Vail Circuit and Time Trial
✓ WF acts as local organizing committee
✓ Awards take place Friday afternoon
✓ Expo would likely wrap up after awards ceremony on Friday (est. 4 p.m.)
✓ Sponsor underwriting Vail's races would likely stay; others would likely move to Denver
✓ Music would be provided by VVF; no funding would be requested for this activity; evening
and paid concerts at GRFA
The request for funding from the Town of Vail is shown below and totaled at $310K plus $65K
for in-kind services to bring two stages to Vail, with a 3 -year term commitment and estimated to
bring 20,000 attendees the first year:
Request for Town of Vail Support
Considerai'ion Criteria
✓ MuM-Year (2018-2020)? Yes!
✓ Two Stages in Vail? Yes!
✓ Roce doges stay in Vail? Yes!
✓ Event Dates fill o need period? Yes!
1 financial support reduced? Yes!
$155,000 in cash, per stage
$32,500 value in kind, per stage
•fn comparison, for the USA Pro
Cttat!enge event, Town of Vail
provided support of $ 175,000 in
cash and $25.000 in trade for one
stage.
Other comments and questions were addressed:
• Finance Director Kathleen Halloran noted that funding was split from VLMD and General
Fund for the Pro Cycling Challenge, $100K and $75 respectively.
• The goal for team riders is 112 for the men and 60 for the women.
• The event is international, national, and statewide, working with state partners and
international partners.
• Challenges from Pro Cycling Challenge would be avoided by reducing the number of race
locations, changing race times.
• The event would take advantage of the weekend music and other forms of entertainment
being offered at the Gerald R. Ford Amphitheater.
Chapin invited public comments at this time and resident Heather McDonald supported the idea
noting that bike racing in Vail is a part of its heritage and enjoyed by the entire community.
Moffet moved to direct staff to include $375K in the 2018 budget; the funding would be split
$110K from General Fund Balance; $200K from the VLMD fund, $65K in kind services, in
response to the request from the VVF for hosting the Colorado Classic bike race in August.
Foley seconded the motion. There was support from council members who noted the following
comments:
• Moffet noted the media spend and room nights would create a great return on investment.
• Langmaid noted it as an awesome opportunity for the economy and iconic event for Vail,
and noted her support for a beer consortium, a women's event, a citizen's ride as all great
components.
Town Council Meeting Minutes of December 19, 2017 Page 3
• Chapin noted that the last bike race was not a great revenue generator for the local
business, but bike racing as iconic for the Vail Valley.
• Bruno noted her support of the proposal also agreeing with the Mayor's points about return
for local businesses. She hoped to part of changing the way cycling is viewed in light of its
recent history. She thanked VVF and the team for all its efforts in bringing the race to Vail.
• Foley supported the proposal and noted his satisfaction that both races would attract
spectators.
The motion passed (6-0; Mason recused).
5.2. Town of Vail Annual Resale Lottery Criteria Process and Options for
Consideration for Process Amendments — Recommendation to Vail Town Council
Presenter(s): George Ruther, Director of Community Development and Steve Lindstrom, Chair,
Vail Local Housing Authority
Action Requested of Council: Listen to the staff presentation on the recommendation for
amendments to the annual resale lottery criteria process and solicit public comment. Provide
instruction to the Town staff on proposed amendments.
Background: The Vail Town Council requested that the Vail Local Housing Authority and the
Community Development Department review the existing Town of Vail annual resale lottery
criteria process and recommend options for amendments, improvements and enhancements. A
number of objectives and identified issues to be addressed as a result of this request are
outlined in the staff memorandum to the Vail Town Council.
Staff Recommendation: Following careful and thoughtful review of the Town's annual resale
lottery criteria and selection process the Vail Local Housing Authority finds that amendments,
improvements and enhancements are needed to realize the goals and objectives for housing in
Vail. To be successful, the resale lottery criteria and selection processes should be aligned with
Town's goals and objectives for housing. A complete list of recommended actions is outlined in
the staff memorandum.
George Ruther introduced the topic and noted that Steve Lindstrom and Mary McDougal were
present representing the Vail Local Housing Authority. The VLHA has reviewed the current
criteria and recommends that Vail Town Council authorize Town staff to pursue revisions to the
current criteria and lottery by taking action on the following; (the status of each item is in upper
case):
1. Clearly define the goals and objectives of the Town's lottery criteria and process.
SUPPORTED
2. Allow current residential property owners, including vacant residential land, to participate in
the lottery. NO CONSENSUS — WANT MORE INFORMATION
3. Phase out the weighted preference and tiered systems and replace them with a true lottery
process, effective June 2018.
SUPPORTED A MIDDLE GROUND SUGGESTED BY PUBLIC INPUT, JACKSON
AFFORD SOME PREFERENCE FOR LONGEVITY ; BUT NOT FULL PRIORITY
4. Replace the annual lottery process with an individual and separate process for each home
when it becomes available for purchase. SUPPORTED
5. Eliminate the minimum household size requirements. SUPPORTED
6. Simplify the application submittal process and minimize to the extent possible the materials
required for participation. SUPPORTED
7. Implement a true lottery drawing process which affords all qualified participants an equal
chance of being selected. SUPPORTED
Town Council Meeting Minutes of December 19, 2017 Page 4
Town Council's feedback did not show support for a current homeowner becoming part of the
lottery and a request to create a middle ground for #2, the current residential property owner.
Chapin invited public input at this time.
• Heather McDonald, resident at Vail Commons, shared that she has been trying to spread
the word about the lottery and more publicity would be good.
Ian suggested that it is not a broken system and he wasn't supportive of the tiered system
and preferred seniority preferences.
■ Joanna Biele, resident at Vail Commons, expressed concern about the lottery and how the
seniority works and preferred that seniority remain a criteria.
Public input was closed at this time. It was noted staff would return with revised
recommendations based on the discussion and council support was given to the following:
1) eliminating household size requirements, and 2) eliminating the need to conduct a lottery
each time a property becomes available.
6. Action Items
6.1. Ordinance No.17, Series of 2017, First Reading, An Ordinance Amending Sections
5-11: Abatement Of Diseased Trees And Wildfire Fuels And 12-11: Design Review,
Related To Vegetation Removal For Wildfire Mitigation Purposes
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: Approve, Approve with Conditions or Deny Ordinance N. 17,
Series of 2017 on 1st Reading.
Background: This is a proposal to clarify and codify existing standard operating procedures
related to vegetation removal. The Town of Vail currently requires a Design Review Board
(DRB) permit for the removal of vegetation, including trees, when not associated with another
development application. The Town of Vail Fire and Emergency Services Department also
issues permits for vegetation removal through a Wildfire Hazard Assessment as part of the Fire
Adapted Vail Program or through the town's abatement provisions for dangerous or diseased
trees. The proposal eliminates the requirement for a DRB permit following a recommendation by
the Wildland Coordinator concerning vegetation removal.
Staff Recommendation: The Planning and Environmental Commission (PEC) held a public
hearing on the proposed Prescribed Regulations Amendment on November 13, 2017 where a
recommendation for approval was forwarded to the Vail Town Council by a vote of 6-0. This
recommendation was based on a finding that the proposal furthered the adopted goals,
objectives and policies of the Vail comprehensive plan.
Spence presented the topic for consideration per the memo in the council packet with a
recommendation for the code changes (following page). Langmaid preferred the three month
window of the nesting environment, May, June, July, not be available for the tree cutting
program. Spence noted that the purview of this ordinance was not related to the environmental
request and noted that a more thorough review of the tree removing timing window be reviewed
separately. There was council consensus to have staff review this aspect. Mark Novak, Fire
Chief, spoke about tree removal, wildfire mitigation, and the confusion with environmental
priorities. He does not support banning the tree removal program and informed them there are
about 20 tree removal permits issued each year.
Town Council Meeting Minutes of December 19, 2017 Page 5
The following amendments are proposed with new language in underline and items to
be removed designated by a ctakariuougp.
Sec. 5-11.7.- Permit for Removal
An owner desiring to remove diseased trees shall file an application for a permit with
the Fire and Emergency Services Department
There shall be no application fee for the permit. The application shall contain a written
narrative describing the type, size, quantity and general location of the diseased trees
proposed to be removed. The director may perform a site visit prior to taking any action
on the permit application.
12-11.3: DESIGN APPROVAL
A. Scope: No person shall commence removal of vegetation, site preparation, building
construction or demolition, dumping of material upon a site, sign erection, exterior
alteration or enlargement of an existing structure, paving, fencing or other
improvements of open space within the corporate limits of the town unless design
approval has been granted as prescribed in this chapter. The addition of plant materials
to existing landscaping, gardening, and -landscape, and vegetation removal approved by
the Fire and Emergency Services Department through a Wildfire Hazard Assessment
shall be exempt from this provision.
Chapin invited public comment and Stephen Connolly inquired about the specifics of the nesting
environment suggesting there might be a middle ground on the tree removal timeline. Moffet
moved to approve Ordinance No.17, Series of 2017, First Reading, An Ordinance Amending
Sections 5-11: Abatement Of Diseased Trees And Wildfire Fuels And 12-11: Design Review,
Related To Vegetation Removal For Wildfire Mitigation Purposes. Bruno seconded the motion
and it passed (5-2; Mason; Langmaid opposed).
6.2. Ordinance No. 22, Series of 2017, First Reading, Ordinance Amending Title 7,
Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for certain parking
violations
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22,
Series of 2017 upon first reading.
Background: Pursuant to C.R.S. § 42-4-111, the Town of Vail (the "Town") is empowered to
regulate and restrict the stopping, standing, or parking of vehicles within its jurisdiction.
Pursuant to Article XX, § 6(h) of the Colorado Constitution, the Town is empowered to collect,
enforce, and impose fines and penalties for the violation of its local laws.
Moffet moved to approve Ordinance No. 22, Series of 2017, First Reading, Ordinance
Amending Title 7, Chapter 3, Articles C and D of the Vail Town Code, regarding penalties for
certain parking violations. Bruno seconded the motion and it passed (7-0). There no public
input on the topic.
6.3. Ordinance No. 23, Series of 2017, First Reading, An Amending Chapter 9 of Title 1
of the Vail Town Code by the Addition of a New Section 1-9-8(E) Regarding the Use of
Collection Agencies to Collect Unpaid Fines and Costs.
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with modifications or deny Ordinance No. 23,
Series of 2017 upon first reading.
Background: House Bill 16-1311 was signed into law on June 10, 2016, amending C.R.S. §
18-1.3-702 and prohibiting municipal courts from issuing a warrant for a defendant's failure to
pay money, failure to appear to pay money, or failure to appear at any post -sentencing court
appearance wherein the defendant was required to appear if he or she failed to pay a monetary
Town Council Meeting Minutes of December 19, 2017 Page 6
amount. The Town of Vail (the "Town") lacks the resources and expertise to collect past due
receivables internally, the Town Council has decided to permit the Town to employ the services
of private collection agencies to collect past due fines, penalties, costs, fees, surcharges and
restitution arising out of municipal court matters.
Judge Allen spoke about this matter briefly. Moffet moved to approve Ordinance No. 23, Series
of 2017, First, Reading, An Amending Chapter 9 of Title 1 of the Vail Town Code by the Addition
of a New Section 1-9-8(E) Regarding the Use of Collection Agencies to Collect Unpaid Fines
and Costs. Bruno seconded the motion and it passed (7-0). There was not public input on this
matter.
6.4. Red Sandstone Elementary School Parking Structure Update
Presenter(s): Greg Hall Director of Public Works and Transportation
Action Requested of Council: The staff has requested the Town Council address the
following: Authorize the Town Manager to enter into a pre -construction contract with Haselden
Construction in a form approved by the Town Attorney in the amount of $257,500. Amend the
2017 supplemental budget for the design and construction of the south 1 70 improvements by
$287,500 to be funded by Vail Reinvestment Authority
Background: The Town of Vail and the Eagle County School District are working together to
jointly construct a four -level 160 car parking structure on the current Red Sandstone School site.
The work will include extensive site work to establish a loop road around the parking structure to
allow access to each level while at the same time provide a one-way loop road for school drop
off and pick up.
Staff Recommendation: Staff recommends the Town Council continue to pursue the four -level
structure. In addition, the Town Council should take action on the items below: Authorize the
Town Manager to enter a pre -construction contract with Haselden Construction in a form
approved by the Town Attorney in the amount of $257,500. Amend the 2017 supplemental
budget for the design and construction of the south 1-70 improvements in the amount of
$287,500 to be funded by Vail Reinvestment Authority.
Greg Hall presented details below about related estimated costs:
The pre -construction amounts are as Bows:
• HaseMen Construction pre -construction services
• Stresscon pre -construction services including shop drawing preparation
• Sdwiabel pre -construction services including shop drawing preparation
Total pre -construction contract with Haselden Construction
PROJECT COSTS AND BUDGETS
$ 27,000
$150,250
$ 80,250
$257,500
The May 2 preliminary total project budget for the four -level structure including all contingencies
$14,657,900
was:
The August 1 schematic design total project parking structure budget including
al contingencies is:
Additional Structtfal Capacity in August 2017:
Final structural capacity budget adjustment on October 17, 2016:
Red Sandstone Parking Structure Budget:
$ 14,286,912
$ 732,000
$ 50,000
$ 15, 068.912
Town Council Meeting Minutes of December 19, 2017 Page 7
COST CONTRIBUTION FOR DESIGN AND CONSTRUCTION
The cost-sharing for the project is as follows:
Eagle County School District $ 1,500,000
Vail Resorts Parking Commitment $ 4,300,000
Vail Reinvestment Authority (VRA) $ L268.912
Preliminary Overall Budget $15,068,912
PROJECT SCHEDULE AND TEXT STEPS
The preliminary development schedule, milestones and next steps are outlined below:
• Construction Documents (CD's)
• Pre -Construction Contract Award
• Final CDOT approval
• 50 % CD pricing Set
• 50 % CD pricing
• Submit for excavation and foundation permit
• 100 % CD complete
• Submit for complete budding permit package
• 100 % CD pricing Complete
• Foundation permit issued
• Award construction
• Begin construction
• Complete bunking permit issued
• Construction
November -March
December 19
December
January 12
January -February
Mid February
March 8
March 8
End of March
April 1
April 3
April 4
May1
April-Novernber 2018
There was some discussion about how the parking structure could be repurposed in the future if
parking demand would decrease; staff was asked to return with more information about other
uses and related costs. Public input was invited at this time and VRD Board member Tom
Saalfeld noted their interest in uses for the other floors, i.e. pickleball courts! Public comment
was closed. Bruno moved to authorize the Town Manager to enter into a pre -construction
contract with Haselden Construction in a form approved by the Town Attorney in the amount of
$257,500 and amend the 2017 supplemental budget for the design and construction of the
south 170 improvements by $287,500 to be funded by Vail Reinvestment Authority. Langmaid
seconded the motion and it passed (6-1; Moffet opposed).
7. Public Hearings
7.1. Ordinance No. 9, Series of 2017, Second Reading, An ordinance establishing
Special Development District No. 42 (Vail Mountain View Residences), pursuant to
Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the
development of a mixed use building consisting of 15 dwelling units with 20 attached
accommodation units (lockoffs), and 15 employee housing units, located at 430 and 434
South Frontage Road/Lot 1, Vail Village Filing 5 and setting forth details in regard thereto
Presenter(s): Jonathan Spence, Senior Planner
Action Requested of Council: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 9, Series of 2017, upon second reading.
Background: The applicant, Lunar Vail LLC, represented by Mauriello Planning Group, is
requesting a second reading of Ordinance No. 9, Series of 2017, an ordinance establishing
Special Development District No. 42, pursuant to Section 12-9(A), Special Development
Districts, 15 dwelling units with 20 attached accommodation units (lock -offs), and 15 employee
housing units (EHUs), located at 430 and 434 South Frontage Road/Lot 1, Vail Village Filing 5.
Town Council Meeting Minutes of December 19, 2017 Page 8
Staff Recommendation: On December 5, 2017 the Vail Town Council approved the
establishment of Special Development District No. 42 on first reading by a vote of 6-1-0 (Foley
opposed). Although approved on first reading, members of the council cited three primary
concerns and requested that the applicant address these items prior to second reading. Please
see the staff memorandum and a discussion on these items and the applicant's response.
Chapin opened the public hearing for this agenda item and noted that on December 5, 2017 the
Vail Town Council approved the establishment of Special Development District No. 42 on first
reading by a vote of 6-1-0 (Foley opposed). Although approved on first reading, members of the
council cited three primary concerns and requested that the applicant address these items prior
to second reading. The three concerns were:
1. Additional Employee Housing Units/Public Benefit to increase the square footage devoted to
EHUs to closer to 50% of the square footage of market rate units form the proposed 43%
2. Opportunities for Outdoor Living Space/Balconies for south facing EHUs
3. Offset for Energy Usage for Heated Sidewalk
Mauriello presented a slideshow which depicted their responses to the town council requests at
the last meeting, (applicant's response, as mentioned in a narrative and revised plan sheets
included as Attachment A to this memorandum), is as follows:
• The economics of the project do not support the conversion of market rate units to EHUs.
Alternatively, the applicant proposes a financial contribution of $130,000.00. Based on the
Town of Vail's recent deed restriction acquisitions, the applicant equates this to two (2) 600
square foot units, on average. This would result in an increase in the ratio of from 43% to
46%.
• The south facing EHUs have been modified to include Juliet Style balconies. In addition, all
residents have access to the second floor lobby area that includes are large outdoor deck.
• The proposed heated sidewalk would require a 20 kW solar system in order for a 100%
offset. Per the solar consultant and project architect, the maximum system that can be
supported on the Phase II structure is 10 kW, resulting in a 50% offset. In addition, the
applicant is dedicated to an environmentally friendly project through its Green Globe
commitment in addition to the solar offset.
Mauriello also addressed the "criteria for review", with slideshow presentation addressing a
number of topics, Compatibility — can projects coexist?, Density, Uses, Comprehensive Plan
(Vail Village Master Plan), Geologic hazards, Traffic impacts.
Chapin invited public input at this time noting the time limit and requesting that comments only
directed to town council, and to make sure it is new testimony and not repeat of testimony.
• Stephen Connolly, resident, expressed support of the developer's proposal to offer financial
contribution to support EHUs, and requested the contribution is based on need; there may
be a need for a greater funding contribution.
• Chip Schoneberger, Foster, Graham, Milstein & Calisher, LLP, representing the Tyrolean,
speaking in place of David Foster who spoke prior about the more traditional land use
issues, raised concerns with the notification and due process for the application. He
detailed a number of defective process issues with his input.
• Chris Romer, WP, representing over 850 members, with more than 250 businesses from
Vail, noted that his board supports this project.
• Jay Levine, Mountain View owner, and president of homeowners association, representing
the 22 owners of the property, expressed their thanks to staff and council who helped
Town Council Meeting Minutes of December 19, 2017 Page 9
educate their association. He expressed their support of the project and the suggestion of
adding the Juliet balconies.
• Laura, former owner of Mountain View unit, expressed that the balconies should remain
consistent with Phase I, the Juliet style balconies; she opposed the full balconies.
• Jeff Andrews , East West Destination Hospitality, who manages the Wren condo assn and
serves on the board of WP, expressed support for the project noting that the town is a
leader in many things and encouraged them to also remain committed to responsible
development at every level.
• George Gillett, resident, expressed support of the project and the developer involved on the
project; he also spoke very highly about the character and credibility of the developer. He
saw this development as a response to the housing challenges, and certainly a viable option
for hospital employees.
• Steve Lindstrom, VLHA, expressed support of the project ; noted the project meets the
compatible criteria in that the valley floor must serve as location for project to help w/ infill
and housing.
Public input was closed at this time. There were no further comments by the applicant. Spence
noted the project still requires a review by DRB and the balconies would be reviewed by that
group, so they may not want to have a final decision about these at this time. He also noted the
snow melt expenditure estimate $125K. Town Attorney Mire noted that Council member Coggin
contacted him earlier in the week about his employment with Arragoni Woods who was possibly
bidding on the project. Coggin noted he does not financially benefit if his employer were
successfully in getting the job; he stated he would not be impartial in the review of the
application.
Moffet moved on second reading to approve Ordinance No. 9, Series of 2017, to establish
Special Development District No. 42 (Vail Mountain View Residences), pursuant to Section 12-
9(A), Special Development Districts, Vail Town Code. Langmaid seconded the motion. Further
comments were made by town council addressing the following:
1 compatibility and whether there is enough public benefit to offset the deviations; the GRFA
is a very large jump in density
✓ it is not compatible ; too much bulk, height, density
✓ there is a need for more master planning
1 appreciated the balconies for the south facing units
✓ does not see the project meeting the criteria, 70 feet too high
✓ the EHU goal should be 50%
Foley asked for a point of order to call the question. The motion failed (4-3; Bruno, Coggin,
Foley, Mason — opposed; Chapin, Langmaid, Moffet — supported).
At this time Mauriello confirmed the applicant would agree to providing EHU funding in the
amount of $260K.
Moffet moved to approve Ordinance No. 9, Series of 2017, Second Reading, An ordinance
establishing Special Development District No. 42 (Vail Mountain View Residences), pursuant to
Section 12-9(A), Special Development Districts, Vail Town Code, to allow for the development
of a mixed use building consisting of 15 dwelling units with 20 attached accommodation units
(lockoffs), and 15 employee housing units, located at 430 and 434 South Frontage Road/Lot 1,
Vail Village Filing 5 and setting forth details in regard thereto with the following additional
conditions of approval:
Town Council Meeting Minutes of December 19, 2017 Page 10
1. The applicant shall provide the Town of Vail with a cash contribution of $265,000.00 to the Town of
Vail Housing Fund prior to issuance of any building permit for the project.
2. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum,
all Juliet Style balconies as shown on plan sheet labeled "south elevation" from 359 Design dated
December 2017 and included as Attachment A to the Town Council Memorandum dated December
19, 2017.
3. Prior to submitting for DRB approval, the building plans shall be amended to include, at a minimum, a
10 kW roof mounted solar system designed to offset 50% or more of the energy consumed by the
snow melted sidewalk from the eastern property line to Vail Road.
Moffet noted the following findings and conditions as part of his motion:
FINDINGS:
• The SDD complies with the standards listed in Section VIII of this memorandum, or the applicant has
demonstrated that one or more of the standards is not applicable;
• The SDD is consistent with the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and compatible with the development objectives of the town;
• The SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas;
and
• The SDD promotes the health, safety, morals, and general welfare of the town and promotes the
coordinated and harmonious development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential community of the
highest quality.
CONDITIONS:
1. Approval of an associated Design Review Board ("DRB") application.
2. Prior to submittal of the DRB application, the Applicant shall work with Town staff to increase the
number and size of the new landscape plantings to meet the recommendations of the Vail Village
Master Plan concerning planted buffers.
3. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute
and record, in a form approved by the Town Attorney, a pedestrian easement on the east side of the
applicant's property for the existing paved path and stairs from the South Frontage Road right-of-way
to the Town's recreational path.
4. Prior to issuance of the first certificate of occupancy for the project, the Applicant shall design and
construct a continuous 10' -wide separated concrete sidewalk along the South Frontage Road from
Vail Valley Drive to the easternmost boundary of the Property. All necessary easements for the
sidewalk west of the Property shall be acquired by the Town within 11 months of issuance of the first
building permit for the project. The sidewalk shall be designed in general accordance plan sheet
C1.01 dated September 14, 2017, and shall be submitted to the Town and approved by the Town
prior to construction. The Applicant shall grant a pedestrian/roadway easement on the Property to the
Town as shown on plan sheet C1.01 dated September 14, 2017. In such sidewalk, the Applicant shall
install a snowmelt system, including the heat source and all necessary components, in compliance
with Town standards,. The Applicant shall be responsible for the cost of maintenance and operation
of the sidewalk and snowmelt system on or adjacent to the Property, and prior to issuance of the first
certificate of occupancy for the project, the Applicant shall execute the Town's standard snowmelt
maintenance agreement. The Town will be responsible for the maintenance and operation of the
sidewalk and snowmelt system that is west of the Property, and prior to issuance of the first certificate
of occupancy for the project, the Applicant shall execute the Town's standard snowmelt operations
reimbursement agreement for that portion of the sidewalk and snowmelt system.
5. Prior to issuance of the first building permit for the project, the Applicant shall pay the Traffic
Mitigation Fees for the net new increase in development traffic, which has been calculated at 14 PM
Peak Hour trips, after taking a multi -modal reduction and excluding the EHUs. The Traffic Mitigation
Fees shall be $11,200 per net new PM Peak Hour trip, which results in a total fee of $156,800.
6. Prior to issuance of the first building permit for the project, the Applicant shall provide a construction
staging plan and parking plan to demonstrate that the construction will not impact public parking or
adjacent properties.
Town Council Meeting Minutes of December 19, 2017 Page 11
7. Within 90 days after the issuance of the first building permit for the project, the Applicant shall engage
the Town's Art in Public Places Board on the determination of an acceptable public art installation.
The minimum value of the public art installation shall be $50,000.
8. Prior to the issuance of the first building permit for the project, the Applicant shall pay the recreational
amenities tax as required by Section 12-9A-11 of the Vail Town Code.
9. Prior to the issuance of the first certificate of occupancy for the project, the Applicant shall execute
and record deed restrictions, in a form approved by the Town Attorney, for the EHUs.
10. Prior to obtaining any building permit application for the project, the Applicant shall obtain approval
from the Colorado Department of Transportation ("CDOT") for all proposed work within the CDOT
right -of way, and shall submit evidence of such approval to the Town.
Langmaid seconded the motion and it passed (4-3; Chapin, Coggin, Langmaid, Moffet —
supported; Bruno, Foley, Mason — opposed.
7.2. Ordinance No. 21, Series of 2017, Second Reading, Ordinance Repealing and
Reenacting Ordinance No. 20, Series of 2005, Providing for a Major Amendment to
special Development District No. 36, Four Seasons Resort, Pursuant to Article A, Special
Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code,
Setting Forth Details in Regard Thereto
Presenter(s): Matt Panfil, Planner
Action Requested of Council: The Vail Town Council shall approve, approve with
modifications, deny, or continue the public hearing on Ordinance No. 21, Series of 2017 to
December 19, 2017.
Background: This is a request for a major amendment to Special Development District No. 36,
Four Seasons Resort to allow for the reconfiguration of existing accommodation units (AUs),
fractional fee units (FFUs), and dwelling units (DUs). The reconfiguration will result in an
increase of eight (8) AUs (12) DUs, eighteen (18) attached accommodation units
(AAUs/lockoffs), and a reduction of thirteen (13) unsold FFUs.
Staff Recommendation: On September 11, 2017 the Town of Vail Planning and Environmental
Commission (PEC) held a public hearing on the request for a major amendment to Special
Development District No. 36, in accordance with the requirements of Section 12-9(A), Vail Town
Code. At the conclusion of the public hearing, the PEC voted 6-0-0 to forward a
recommendation of approval to the Vail Town Council.
Jen Mason recused herself due to a conflict of interest with this agenda item. Matt Panfil and
Tom Braun, Braun and Associates, presented the application. There was some about the
parking changes in terms of the reduction of the spaces at the property. Chapin opened public
comment. No comments were heard. Moffet moved to approve on second reading Ordinance
No. 21, Series of 2017, an ordinance repealing and reenacting Ordinance No. 20, Series of
2005, establishing Special Development District No. 36, Four Seasons Resort, pursuant to
Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail
Town Code and setting forth details in regard thereto with the following conditions:
1. "The exterior building changes associated with this major amendment to SDD No. 36, Four Seasons,
are contingent upon the applicant obtaining Town of Vail approval of an associated design review
board application for all exterior changes to the property;
2. The applicant shall provide a minimum of 2,000 square feet of deed -restricted employee housing
within the Town of Vail, to be recorded with the Eagle County Clerk and Recorder. Said deed -
restricted employee housing shall be provided in the following manner:
a. Prior to the issuance of any certificate of occupancy resulting in any decrease in the amount
of accommodation units (AUs) or increase in the amount of dwelling units (DUs), the
Town Council Meeting Minutes of December 19, 2017 Page 12
applicant shall provide a deedrestricted employee housing unit with a minimum of two
bedrooms and approximately 788 square feet; and
b. Prior to March 31, 2019, the applicant shall provide a deed -restricted employee housing unit,
with a minimum of approximately 1,212 square feet.
3. Prior to issuance of any building permit resulting in any decrease in the amount of accommodation
units (AUs) or increase in the amount of dwelling units (DUs), the applicant shall pay to the Town of
Vail a $81,312 traffic mitigation fee, based on the Department of Public Works' estimate of 7.2 net
new PM peak hour vehicular trips.
Coggin seconded the motion and it passed (6-1; Foley — opposed).
7.3. Ordinance No. 19, Series of 2017, Second Reading, Ordinance repealing Chapter 8
of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending Sections of
the 2015 International Fire Code, concerning open burning
Presenter(s): Mike Vaughan, Fire Marshal
Action Requested of Council: Approve or approve with amendments Ordinance No. 19,
Series of 2017.
Background: Please see the attached memo regarding this Ordinance Staff Recommendation:
Approve or approve with amendments Ordinance No. 19, Series of 2017.
Moffet moved to approve Ordinance No. 19, Series of 2017, Second Reading, Ordinance
repealing Chapter 8 of Title 5 and amending Section 10-1-4 of the Vail Town Code by amending
Sections of the 2015 International Fire Code, concerning open burning. Langmaid seconded
the motion. Chapin opened the public hearing and no comments were made. The motion
passed (7-0).
7.4. Ordinance No. 20, Series 2017, Second Reading, An Ordinance Making
Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund,
Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health
Insurance Fund, and Timber Ridge Fund
Presenter(s): Carlie Smith, Budget Analyst
Action Requested of Council: Approve or approve with amendments Ordinance No. 20,
Series 2017
Smith noted changes from first reading as follows (excerpts from council packet memo):
General Fund
Staff is requesting $11,000 for paper parking card stock displaying the GMC logo. Half of this cost will be
reimbursed, so the net cost to the town is $5,500.
Capital Projects Fund
Staff is requesting $260,305 for the interagency cost share of the county wide radio purchase coordinated
by the town. This will be offset by reimbursements from the Eagle County Sheriff's Office, Town of Avon,
and Eagle County Heath Services District. The total cost of the radio purchase is $860,304. Included in
the 2018 budget is $600,000 for the town's portion.
Staff is also requesting the following adjustments to budgeted expenditures:
❑ $95,000 use of savings from capital maintenance projects for pedestrian safety enhancements
including pedestrian crossing signs at the roundabouts, Vail Valley Drive, and the municipal building.
Costs of these projects were more than expected when originally budgeted during 2016. This transfer of
budget dollars will have no net impact to the Capital Projects Fund.
Town Council Meeting Minutes of December 19, 2017 Page 13
❑ $75,000 for software relating to short term rental regulations. This is an annual cost to the town for
continual updated information of advertised unlicensed rentals for compliance monitoring purposes,
complaint customer portals and online licensing processes. Staff is also requesting $15,000 for one-time
hardware, custom reports and set up costs associated with the short term rental software. Staff foresees
that these costs will be more than offset by future revenues from short term rental licenses.
❑ $287,500 for construction and design of a heated walkway between the pedestrian underpass and 1st
chair in Lionshead to be reimbursed by the Vail Reinvestment Authority.
❑ $160,000 for the implementation of a new sales tax and licensing software. This amount represents a
$75,000 annual fee and $85,000 one-time costs for set up, customizations, data migration, training and
implementation. This new software will enhance online sales tax payment features as well as provide
more robust reporting capabilities for staff and greatly improve department process efficiencies. The most
significant improvement will be the automation of the annual business license renewal process. This is
currently a manual process entailing data entry and processing of checks for renewals of every business
in town each year. In addition, the software has functionality that will allow better tracking of special event
vendors licensing and tax collections. Currently special event vendors are tracked on an excel
spreadsheet. The software will also improve tracking and management of delinquent accounts, which is
currently a manual process tracked with an excel spreadsheet.
Housing Fund
$167,500 is requested to purchase the Altair Vail property as approved by Council on December 5th.
Real Estate Transfer Tax Fund
Budgeted revenue will be adjusted by an increase of $7,518 for a RESPEC grant which is directly offset
by corresponding expenditures for the stormwater mitigation project at Public Works. Staff is also
requesting to roll forward 2016 savings of $14,000 from the annual funding to the Eagle River Watershed
(ERWS). At the beginning of 2017 a 2016 invoice was paid from the 2017 ERWS budget, shorting ERWS
of their full 2017 council contribution.
Moffet moved to approve Ordinance No. 20, Series 2017, Second Reading, An Ordinance
Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund,
Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund, Health
Insurance Fund, and Timber Ridge Fund. Mason seconded the motion and it passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting and Moffet seconded the motion which passed (7-0) and the meeting adjourned
at 10:05 p.m.
Attest:
Respectfullyu
ave Chapi
itted,
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