HomeMy WebLinkAbout2017-11-21 Agenda and Supporting Documentation Town Council Evening AgendaVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda
Town Council Chambers
6:00 PM, November 21, 2017
TOM Of UAJt
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1. Citizen Participation
2. Proclamations
2.1. Proclamation No. 7, Series of 2017, Recognizing Colorado Gives Day 5 min.
Presenter(s): Denise Kipp, Red Ribbon Project
3. Consent Agenda
3.1. Century Link Easement at Booth Falls Trailhead
Presenter(s): Tom Kassmel, Town Engineer
Background: In order to accommodate upgrades to the Eagle River Water
and Sanitation Sewer District water tank at the Booth Falls Trailhead,
Century Link needs to install new utility lines along the existing gravel
access drive. Century Link is requesting a 10' wide easement along
approximately 1000 feet of the existing gravel drive.
4. Town Manager Report
4.1. Town Manager Report November 21, 2017
5. Action Items
5.1. Municipal Judge Appointment
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Motion to appoint Buck Allen as Municipal
Judge for Town of Vail.
Background: Section 7.2 of Town Charter sets forth requirements for
appointing municipal judge every two years.
5.2. Ordinance No. 15, Series of 2017, an ordinance amending Title 4 of the
Vail Town Code by the addition of a new Chapter 14, entitled Short Term
5 min.
5 min.
60 min.
November 21, 2017 - Page 1 of
Rental Properties, and repealing sections in conflict therewith.
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.
5.3. First reading of Ordinance No. 16, Series 2017, an 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
Action Requested of Council: Approve or approve with amendments
Ordinance No. 16, Series 2017.
Background: The town is required by Colorado state law to certify the mil
levy by December 15 of each year.
Staff Recommendation: Approve or approve with amendments Ordinance
No. 16, Series 2017.
5.4. Resolution No. 39, Series of 2017, A Resolution of the Vail Town Council
Authorizing the Acquisition of Lot 1 Bighorn Subdivision Second Addition
Presenter(s): Matt Mire, Town Attorney and Chad Sali, Project Engineer
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 39, Series of 2017.
Background: The Town and seller have negotiated a purchase price for the
property of $140,000. As part of the sale, the seller specifically requested
that the Town pass this Resolution to Acquire the property. Lot 1, Bighorn
Subdivision Second Addition is located adjacent to Bighorn Road between
Bridge Road and 1-70 Right of Way at the East Vail Interchange. A portion
of the Gore Valley Trail is currently located on this parcel and no easement
exists for this encroachment. The Town and Eagle River Water and
Sanitation District has proposed relocating a sanitary sewer main that
currently crosses the Gore Creek at Bridge Road to the existing trail
alignment in anticipation of the reconstruction of the bridge at Bridge
Road. This would eliminate a sanitary sewer aerial crossing of Gore Creek
once the new bridge is completed. When approached by the ERWSD for
a sewer easement on the parcel, the property owners stated that they would
not grant an easement but would prefer to sell the parcel. This parcel is
also identified in the 1994 Comprehensive Open Lands Plans for
acquisition to protect riparian areas and again in the draft 2017 Open
Lands Plan Update for protection of environmentally sensitive land from
development and trail development. The acquisition of this parcel by the
Town of Vail would allow for protection of environmentally sensitive areas,
legal rights for the Gore Vail Trail to remain and relocation of a sanitary
sewer aerial crossing of Gore Creek which will also eliminate the need to
work around a live sewer main during the reconstruction n of the Bridge
Road bridge.
6. Adjournment
6.1. Adjournment at 7:50 p.m.
10 min.
10 min.
November 21, 2017 - Page 2 of
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available
for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media
website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with
48 hour notification dial 711.
November 21, 2017 - Page 3 of
TOWN Of9
VAIL TOWN COUNCILAGENDA MEMO
ITEM/TOPIC: Proclamation No. 7, Series of 2017, Recognizing Colorado Gives Day
PRESENTER(S): Denise Kipp, Red Ribbon Project
ATTACHMENTS:
Description
Proclamation No. 7, Series of 2017
November 21, 2017 - Page 4 of
November 21, 2017 - Page 5 of
TOWN OF
PROCLAMATION NO.
COLORADO
WHEREAS, charitable giving in Eagle County
nonprofit organizations need to make our community
WHEREAS, Community First Foundation
increase charitable giving in our community through
Day; and
WHEREAS, Colorado Gives Day in 2016
period via online donations at eaglecogives.org, a
contributions to one or more of the 42 local charities
resource for facilitating charitable giving to our local
WHEREAS, Colorado Gives Day is December 5th
participate because all donations, large or small,
NOW, THEREFORE, BE IT PROCLAIMED
December 5, 2017, will be known as Colorado Gives
Dated this 21st day of November 2017.
Vail Town Council
so
VAIL
7, SERIES OF 2017
GIVES DAY
is critical to providing support that local
a desirable place to live; and
and First Bank have partnered in an effort to
the online giving initiative Colorado Gives
raised over a million dollars in a single 24-hour
website allowing donors to direct their
featured on the site, making it an ideal
nonprofit organizations.
this year, and all citizens are encouraged to
can make a difference to nonprofits in need.
BY the Vail Town Council, that Tuesday,
Day in our community.
Attest:
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Dave Chapin, Mayor Patty McKenny, Town Clerk
November 21, 2017 - Page 5 of
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Century Link Easement at Booth Falls Trailhead
PRESENTER(S): Tom Kassmel, Town Engineer
BACKGROUND: In order to accommodate upgrades to the Eagle River Water and Sanitation
Sewer District water tank at the Booth Falls Trailhead, Century Link needs to install new utility lines
along the existing gravel access drive. Century Link is requesting a 10' wide easement along
approximately 1000 feet of the existing gravel drive.
ATTACHMENTS:
Description
Memo
Century Link Letter
Draft Easement
November 21, 2017 - Page 6 of
TOWN OF VAIL.
Memorandum
To: Town Council
From: Public Works Department
Date: 11-21-17
Subject: Century Link Easement
I. SUMMARY
In order to accommodate upgrades to the Eagle River Water and Sanitation Sewer
District water tank at the Booth Falls Trailhead Century Link needs to install new utility
lines along the existing gravel access drive. Century Link is requesting a 10' wide
easement along approximately 1000 feet of the existing gravel drive as shown on the
conceptual exhibit attached.
Attached is a copy of the proposed easement, draft exhibit, request letter from Century
Link.
II. STAFF RECOMMENDATION
Staff recommends that the Town Council direct the Town Manager to grant Century Link
an easement across the Town property in a form approved by the Town Attorney.
November 21, 2017 - Page 7 of
Tom Kassmel
Town of Vail
1309 Elkhorn Drive
Vail, CO 81657
re;
41, CenturyLink-
John Tekin, SR/WA
PO Box 688
Celina, TX 75009
505-681-6483 (cell)
505-212-3692 (fax)
i ohn.tekinnu,centurylink.com
November 13, 2017
Sent via email to TKassmel@vailgov.com
RE: CenturyLink Easement — Booth Falls Road
Dear Mr. Kassmel,
As per our previous correspondence, CenturyLink need to obtain a communications easement on
property owned by the Town of Vail on Booth Falls Road. The purpose of the easement is to allow
for us to repair and replace existing communication facilities that serve Eagle River Water &
Sanitation District.
Enclosed is a map showing the general location of the proposed easement area. CenturyLink needs
to trench and bore approximately 1,000 feet, and we are requesting a 10 -foot wide easement
associated with such.
Please feel free to contact me by phone or email, if you have any questions or concerns.
Thank you in advance for your time and response.
Sincerely,
John Tekin, SR/WA
November 21, 2017 - Page 8 of
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UTILITY EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement") is dated this day of
2017, by and between the Town of Vail, Colorado, a
Colorado home rule municipality (the "Town"), and
("Grantee").
WHEREAS, Grantee desires to acquire an easement for the purpose of installing
and operating certain utility facilities upon and beneath the surface of the property
described in Exhibit A, attached hereto and incorporated herein by this reference (the
"Easement Property"); and
WHEREAS, the Town is willing to convey an easement to Grantee for the
aforesaid purposes on the terms and conditions set forth below.
NOW, THEREFORE, for and in consideration of the sum of $10 paid by Grantee
to the Town, the covenants of Grantee herein contained, and other good and valuable
consideration, the receipt, adequacy, and sufficiency of which are hereby
acknowledged, the parties hereto covenant and agree as follows:
Section 1. Conveyance of Easement. The Town does hereby grant and
convey unto Grantee, it successors, assigns, lessees, licensees, and agents, an
easement upon and beneath the surface of the Easement Property for the installation
and operation of utility facilities consisting of and other
appurtenant fixtures and equipment necessary for distributing COMMUNICATION
SERVICES (the "Utility Facilities"). Grantee shall have the right of ingress and egress,
consistent with this Agreement, upon the Easement Property for the construction,
reconstruction, operation, maintenance and removal of the Utility Facilities.
Section 2. Use of Easement Property. Grantee shall be solely responsible for
installing and maintaining the Utility Facilities and shall obtain Town permission prior to
performing any work on the Easement Property and shall obtain all relevant right of way
permits. In making any excavation on the Easement Property, Grantee shall make the
same in such manner as will cause the least injury to the surface of the ground around
such excavation, and shall replace the earth so removed by it and restore the area to as
near the same condition as it was prior to such excavation as is practical.
Section 3. Relocation. Within 60 days of receipt of written notice from the
Town, Grantee shall relocate the Utility Facilities within the Easement Property at
Grantee's sole cost and expense.
Section 4. Retained Rights. The Town shall have all rights to the Easement
Property not expressly granted hereby, including the right to construct structure(s) over
the Easement Property, so long as such structures do not interfere with Grantee's rights
under this Agreement.
November 21, 2017 - Page 10 0
Section 5. Recordation. Grantee shall record this Agreement in a timely
fashion in the official records of Eagle County, and may re-record it at any time as may
be required to preserve its rights in this Agreement.
Section 6. Miscellaneous.
a. All provisions herein contained, including the benefits, burdens and
covenants, are intended to run with the land and shall be binding upon and inure
to the benefit of the respective successors and assigns of the parties hereto.
b. At all times during the term of this Agreement, the Grantee will
carry general liability coverage to insure against damage to or loss of property
and injury to or death of any person occurring on or about the Easement
Property. At a minimum, the policy shall be a comprehensive policy of public
liability insurance covering bodily injury, including death to persons, personal
injury and property damage in an amount of not less than $1 million per
occurrence, $2 million in the aggregate. This insurance shall be primary, non-
contributory, and shall name the Town as additional insureds.
c. This Agreement constitutes all the agreements, understandings,
and promises between the parties hereto with respect to the subject matter
hereof.
d. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought
in Eagle County, Colorado.
e. The Town and its officers, attorneys and employees are relying on,
and do not waive or intend to waive by any provision of this Agreement, the
monetary limitations or any other rights, immunities, and protections provided by
the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or
employees.
f. Grantee agrees to indemnify and hold harmless the Town and its
officers, insurers, volunteers, representative, agents, employees, insurance
cooperatives, heirs and assigns from and against all claims, liability, damages,
losses, expenses and demands, including attorney fees, on account of injury, loss,
or damage, including without limitation claims arising from bodily injury, personal
injury, sickness, disease, death, property loss or damage, or any other loss of
any kind whatsoever, which arise out of or are in any manner connected with this
Agreement or the Easement Property if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, professional error, mistake,
negligence, or other fault of Grantee, any subcontractor of Grantee, or any
November 21, 2017 - Page 11 0
officer, employee, representative, or agent of Grantee, or which arise out of a
worker's compensation claim of any employee of Grantee or of any employee of
any subcontractor of Grantee.
g. There are no third -party beneficiaries to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by
their respective duly authorized officers as of the date and year first above written.
ATTEST:
Tammy Nagel, Town Clerk
By:
STATE OF COLORADO )
) ss.
COUNTY OF )
TOWN OF VAIL, COLORADO
Greg Clifton, Town Manager
GRANTEE
The foregoing instrument was subscribed, sworn to and acknowledged before
me this day of , 2017, by as
of
My commission expires:
(S E A L)
Notary Public
November 21, 2017 - Page 12 0
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Town Manager Report November 21, 2017
ATTACHMENTS:
Description
Town Manager Report November 21, 2017
TOWN IfO
November 21, 2017 - Page 13 0
TOWN OF VAIL `
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
TOWN MANAGER REPORT -
NOV 21st TOWN COUNCIL MEETING
TOPICS
• IT Updates
• Community Reception
• Employee Kick-off Event
• Golf & Nordic Clubhouse
Update
• Active Shooter Training
• Meeting with Police Dept
• Fire Dept Updates
• Intermountain Fire
Mitigation Update
• Colorado Tourism
Leadership
• Tour of the Parks &
Gardens
• Economic Development
Manager Recruitment
• Public Outreach
• Holiday Party
Updates from the Land of IT
Town Manager's Office
970.479.2106
970.479.2157 fax
After a bumpy start (beginning with a stop -work order), we have successfully moved our
fiber optic line and CenturyLink copper feeds from the utility vault in front of the US Bank
Building to its new home. This was a required move for the hospital to move forward with
their expansion project. The Town incurred $ 8,000 in expenses to move the fiber optic
line. (Please take note that the Town elected to move the fiber rather than replace it,
thereby saving the hospital $16,000). At the request of our vendor, we will be submitting a
report of the project to the Colorado Public Utilities Commission for review.
Due to the open ceiling design in the new Ski Museum at the Vail Transportation
Center, we determined that the Town's cabling and fiber optic infrastructure for the
Welcome Center (situated above the Museum) was in need of relocation. The Town has
agreed to incur the costs to move the cable, while the contractor and operator have
agreed to provide the conduit and a new room inside the Museum for our infrastructure.
The Welcome Center was closed on November 16th and 17th to accommodate the move.
After overwhelming voter approval for the Town of Vail to opt out of SB -152, staff is now
fielding a number of calls about broadband service. Aspen Wireless now has the
infrastructure in place to serve these clients and we are directing all additional broadband
inquiries to them accordingly. We also have a service provider that is interested in
providing service to East Vail, so we will be working with them to negotiate a contract for
Council review in the future. Stay tuned.
Community Reception
The Community Reception was successfully held on November 14th at the Donovan
Pavilion. Thanks to all who helped orchestrate the event, including Suzanne Silverthorn,
Mike Griffin, Krista Miller, Susan Mitchell, Patty McKenny, and the folks at the Pavilion.
Impressive turnout! Recognition was duly given to Charlie Turnbull, Dwight Henninger,
Patty McKenny, and Councilmember Dick Cleveland (shown with Mayor Chapin).
Councilmember Cleveland's service to the community will be recognized by a
commemorative bench. The accolades were greatly appreciated.
November 21, 2017 - Page 14 0
Town Manager's Report
Employee Kick -Off Event
Our season Kick -Off gathering for all employees was held at the Lionshead Welcome
Center on the evening of the 15th and morning of the 16th. Between both meetings, we
had a very good turnout by the employees. The meetings were short, informative, and
inspirational, with a theme of "thinking differently" underlying the overall discussion. Many
thanks go to Aryn Schlichting, Shelley Bellm, Chris Neubecker, Kristen Bertuglia, Lynne
Campbell, Jill Stauter, Randy Guzik, and others who helped.
Vail Resorts spoke at both meetings, providing updates on the schedule, discussions
about recent projects (capacity upgrade to Lift 11), enhancing grooming regiment for this
season, and related topics. Focus was placed upon recent results from customer surveys
(Net Promoter Score) which were quite positive, and which coincided nicely with the
results stemming from the Town's 2016 Great Place to Work Survey. Stemming from that
survey, numerous action items are now being be pursued to make better what is already
determined to be a great workplace (and certified as such).
Golf & Nordic Clubhouse Update
Council was previously updated regarding some punch list progress at the Clubhouse,
which remains a work -in -progress at this time. The flooring is being repaired and
enhanced to function well through the winter season, with a likely replacement in the
spring as a long-term fix. Other items are being addressed and the list is being whittled
down. Stay tuned.
Interagency Active Shooter and Complex Incident Training
Vail Fire, Eagle River Fire District, Gypsum Fire District, Greater Eagle Fire District, Vail
PD, Avon PD, Eagle County Paramedic Services, and Vail Public Safety Communications
Center held three joint training sessions intended to improve communications and
operational coordination during the early phases of rapidly escalating, complex incidents,
such as an active shooter scenario. This training is in addition to the active shooter
functional drills that are held annually.
Meeting with Police Department & Dispatch
On November 8th the entire staff comprising the Police Department met and enjoyed a pot
luck dinner. Updates were had and introductions were made. It was a very good
opportunity to become acquainted with the many members. Of course, the Chief was
recognized for his recent election to 4th Vice President with the International Association
of Chiefs of Police. Others were recognized for their life-saving efforts and professional
accomplishments.
Page 2
November 21, 2017 - Page 15 0
Fire Department Updates
This past two weeks afforded the opportunity to meet with all three Shifts (A, B, and C) of
the Fire Department. The introductions were meaningful and efforts will continue to
bringing about familiarity with all the members and the operations.
Two recent promotions are noteworthy here: Engineer Dustin Elliot has been promoted
to the position of Fire Lieutenant. Lt. Elliott successfully completed a rigorous testing
process that included a written exam, in -basket exercise, structured oral interview,
structure fire simulation and wildland fire simulation. Lt. Elliott has been with Vail Fire
since March of 2013.
Firefighter Jared Olson has been promoted to the position of Fire Engineer. Engineer
Olson successfully completed a testing process that included both written and practical
exams. Engineer Olson has also been with Vail Fire since March of 2013.
Intermountain Fire Mitigation Project
With weather providing some assistance, all logs have been hauled from the Matterhorn
landing and the residual woody debris has been removed. The area will be re -seeded
when conditions are favorable. As previously noted, the areas that were helicopter -
logged will have additional mitigation work completed during 2018, and this will consist of
piling the remaining slash for burning the following winter. Pile burning will be conducted
this winter on the units on which hand thinning was conducted in during phase I of the
project. Kudos are extended to Paul Cada, Wildland Program Administrator, for
overseeing this successful project.
Colorado Tourism Leadership
Laura Waniuk, Event Liaison Specialist, is among the inaugural class for the Colorado
Tourism Leadership Journey, a brand-new, yearlong executive training program aimed at
building the state tourism industry's bench strength. The highest -scoring candidates
represent a cross-section of Colorado's tourism industry, including the ski, casino, hotel
and beer industries as well as academia and several of the state's destination marketing
organizations. The curriculum encompasses facilitated sessions, required reading, one-
on-one mentoring, action learning projects and experiential learning opportunities in three
different Colorado locations.
"Our hope is that this program creates value not only for participants and their employers,
but for Colorado," said CTO Director Cathy Ritter. "In a state with just 1.7 percent of the
nation's population but 7.7 percent of U.S. tourism jobs, it's vital to ensure that the
tourism industry has access to talented leaders who can keep growing our competitive
edge."
Tour of the Parks and Gardens
The day of November 15th was largely spent with personal tours of various community
amenities. The day started with a very informative tour of the Betty Ford Alpine Gardens,
provided by Nicola Ripley, Executive Director. The afternoon was spent touring all of the
Town's parks, courtesy of Todd Oppenheimer, Project Manager, and Gregg Barrie, Sr.
Landscape Architect. It was an information -packed day and a great opportunity to
become acquainted with the many wonderful amenities.
Town Manager's Report Page 3
November 21, 2017 - Page 16 0
Economic Development Manager
On November 9th, preliminary Interviews were held with seven candidates. This involved
in-person interviews with the appointed panel, consisting of staff members as well as
members from the VEAC, VLMDAC, and CSE. Concurrent interviews also occurred with
my office, assisted by Krista Miller, Human Resource Director. At this time, we are at
closure and an announcement is forthcoming. Stay tuned!
Public Outreach
Our Communications Department is currently working on a one-page information sheet
regarding the recent parking rate revisions. The sheet will be entitled "What's New &
Why with Parking in Vail" and will contain bullet points of parking information, as well as a
map. Expect a final copy of this to be routed your way.
We will likely endeavor to have a similar write-up for the Short Term Rental policy
changes should there be finalization.
Finally, there are Vail Mail eblasts in the works on a variety of matters including Opening
Day, Epic Passes, the Sandstone Underpass, the Museum Improvements, EGE Winter
Air Service, Election Outcomes, the Top 100 Sustainable Destination Achievement, and
many other current and relevant topics. Watch for this informative update. Many thanks
to Suzanne Silverthorn, Communications Director, for her efforts.
Holiday Party
The Town employees are excited to celebrate the holiday season. The annual employee
holiday party is scheduled for Thursday, December 7th from 5:30 to 9pm at Pepi's. The
Town Council is of course invited and encouraged to attend. Keep an eye out for the
official invitation and RSVP.
Town Manager's Report Page 4
November 21, 2017 - Page 17 0
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Municipal Judge Appointment
PRESENTER(S): Dave Chapin, Mayor
ACTION REQUESTED OF COUNCIL: Motion to appoint Buck Allen as Municipal Judge for
Town of Vail.
BACKGROUND: Section 7.2 of Town Charter sets forth requirements for appointing municipal
judge every two years.
November 21, 2017 - Page 18 0
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 15, Series of 2017, 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, 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 RECOM M ENDATION: Approve, deny or approve with amendments Ordinance No. 15,
Series 2017.
ATTACHMENTS:
Description
STR
November 21, 2017 - Page 19 0
TOWN OF VAIL
Memorandum
TO: Vail Town Council
FROM: Finance Department, Economic Development Department
DATE: November 21, 2017
SUBJECT: Short Term Rental Regulations
I. SUMMARY
Attached is the first reading of Ordinance No. 15, Series 2017, establishing a short term
rental license and accompanying regulations.
II. BACKGROUND
On November 7, Council tabled this first reading and provided additional feedback to staff on
the proposed regulations. Staff has incorporated changes into the ordinance, and has also
added the definition of a dwelling unit to further clarify inconsistencies in current town code.
While this ordinance addresses regulations supported by Council over a series of meetings
and public sessions, the evolving landscape of the short term rental market will require that
the town continue evaluating and adjusting our process to keep pace.
III. DISCUSSION
The attached ordinance establishes a unique license for short term rentals which will override
the prior regulation requiring issuance of a business license. Short term rental (STR)
licenses will be issued beginning January 1, 2018 and will entail a new application process.
The ordinance also identifies criteria a homeowner must meet to obtain (and renew) a short
term rental license:
• STR licenses have an application process and must be renewed each calendar year.
STR licenses will be issued to the owner of the property and are not transferrable.
This is a change from the current process, where a property manager may hold a
business license on behalf of clients/owners. Staff will work with property managers to
facilitate the application process; Property managers may still submit sales tax
payments on behalf of the licensee.
November 21, 2017 - Page 20 0
• Properties with full time onsite property managers will be exempt from this type of
license. They will retain the lodging business license currently used today. Examples
of these properties include hotels, lodges, "condo-tels", fractional fee club units, etc.
• Joint Ownership terms: If a duplex unit has shared common property accessible
to occupants of both units, STR applicants must provide proof of written consent
from the record owner of the adjoining residential dwelling unit. If a duplex does not
have shared common property, then the adjoining neighbor must be notified of intent
to short term rent. Should a rental's license be later revoked, written consent from a
duplex neighbor must be provided in order to re -instate the license after a two year
waiting period.
• An affidavit for each rented unit must be signed by the licensee to acknowledge trash,
noise and parking regulations as well as verifying life safety precautions are in place.
The affidavit also includes an agreement to comply with "Good Neighbor Guidelines".
In response to Council's direction on November 7th, the affidavit has been
updated to include a checkbox indicating compliance with applicable
Homeowner Association (HOA) rules. Please see Attachment B for a draft affidavit
and Attachment C for a draft of the "Good Neighbor Guidelines".
• Each owner shall appoint a person or a licensed property manager to serve as a
property contact who has access and authority to assume management of the unit
and take remedial measures. The contact information must be posted in the interior
of the rented unit for renters, as well as documented with the town. Initial complaints
will be directed to the property contact for an opportunity to respond. The property
contact shall be available 24 hours a day to respond to tenant and neighborhood
questions or concerns. Please see Attachment D for a sample form assigning a
property contact.
• Require posting of license number within all rental advertisements (this requirement
currently exists). Online advertisements must post the license number on the landing
page, immediately following the property description.
• Require a visible interior posting of license number, street address, property contact
and owner information for the short term rental unit.
• Applicable Health and Safety Standards are outlined within the ordinance, in
accordance with town code. Violations of the town's current noise, trash/recycling,
building code, fire code, parking, pet and occupancy regulations will be documented
and tracked by staff. If an initial complaint is not resolved by the local property
contact, a formal complaint may be filed with the town. Owners will then receive
written notification from town staff regarding the complaint.
• If there are three or more notices of complaints issued for the same short term rental
property within a consecutive 12 month period, the town may revoke the STR license
upon written notice to the owner. The owner may appeal and request an
administrative hearing. Criteria for the determination of revocation will be defined in
the near future.
- 2
November 21, 2017 - Page 21 0
Future Topics
Council had requested more information on incentives for owners to rent long term rather
than short term. Financial incentives could include loans or grants for property
improvements, or a "signing bonus" when a long-term rental is contracted. In the realm of
housing for lower income renters, staff read about an idea to fund a portion of security
deposits or first/last month rents, with those payments going directly to the landlord.
Breckenridge currently participates in "Housing Works", a program through the Family &
Intercultural Resource Center (FIRC). The program provides property management services
to long-term landlords for no cost. They also guarantee rental income for 12 months.
Staff will return to Council in the near future with any additional STR related topics, as well as
a request for approval to contract with a STR software solution.
IV. REQUEST OF COUNCIL
Approve, deny or amend the first reading of Ordinance No. 15, Series 2017.
-3
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ORDINANCE NO. 15
SERIES 2017
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
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO:
Section 1. Title 4 of the Vail Town Code is hereby amended by the addition of
a new Chapter 14 to read as follows:
CHAPTER 14
SHORT-TERM RENTAL PROPERTIES
4-14-1: PURPOSE AND APPLICABILITY:
A. The purpose of this Chapter is to establish comprehensive licensing
regulations to safeguard the public health, safety and welfare by regulating
and controlling the use, occupancy, location and maintenance of short-
term rental properties in the Town.
B. This Chapter shall apply to short-term rental property only, as
defined herein. This Chapter shall not apply to the furnishing of lodging
services in hotels, motels, lodges or bed and breakfast establishments, or
to properties with long-term leases.
C. This Chapter shall not supersede or affect any private conditions,
covenants or restrictions applicable to a short-term rental property.
4-14-2: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
OWNER: The record owner of a residential dwelling unit in the Town who
intends to lease or leases the unit as a short-term rental property.
LEASE: An agreement or act by which an owner gives to a tenant, for
valuable consideration, possession and use of property or a portion
thereof for a definite term, at the end of which term the owner has an
absolute right to retake control and use of the property.
RESIDENTIAL DWELLING UNIT: A building or group of rooms with
kitchen facilities designed or used as a dwelling by a family as an
independent housekeeping unit, excluding the following, as defined in Title
1
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12 of this Code, if serviced by a full-time on-site property manager:
accommodation unit, bed and breakfast, employee housing unit, fractional
fee club unit, lodge dwelling unit, limited service lodge unit, or timeshare
unit.
SHORT-TERM RENTAL PROPERTY: A residential dwelling unit, or any
room therein, available for lease for a term of less than thirty (30)
consecutive days.
4-14-3: LICENSE REQUIRED:
A valid license is required for each short-term rental property in the Town.
4-14-4: APPLICATION:
A. At least thirty (30) days prior to any advertising for or lease of a
short-term rental property, the owner shall file a written application for a
short-term rental license with the Finance Director or designee, on forms
supplied by the Town. The application shall not be deemed complete until
all required information is submitted.
B. The application fee shall be set by resolution of the Town Council.
C. If the proposed short-term rental property is located within a duplex,
the application shall include a copy of a written notice provided by the
owner to the last known address of the record owner of the adjoining
residential dwelling unit. The written notice shall include a copy of the
completed application, and shall be sent by first-class United States mail
at least seven (7) days prior to the filing of the application. If the duplex
has shared common areas that can be accessed by occupants of both
units, including without limitation parking areas, walkways, stairs, patios or
driveways, the application shall include written consent of the record
owner of the adjoining residential dwelling unit.
D. No license shall be issued without an affidavit, signed by the owner
under penalty of perjury, certifying that the short-term rental property is in
habitable condition and complies with the health and safety standards set
forth in Section 4-14-7.
E. Within thirty (30) days of receipt of a complete application for a
short-term rental license, if the Finance Director or designee finds that the
application complies with this Chapter, the Finance Director or designee
shall issue a short-term rental license. The license shall be issued in the
name of the owner, and shall not be transferable.
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4-14-5: LICENSE TERM:
A. A short-term rental license shall expire on December 31 of each
calendar year, or when title of the short-term rental property transfers to a
new owner, whichever occurs first. Each change in ownership of a short-
term rental property shall require a new license.
B. An application for renewal of a short-term rental license shall be
submitted at least thirty (30) days prior to expiration of the existing license.
4-14-6: LOCAL AGENT REQUIRED:
Each owner shall appoint a natural person who is available 24 hours per
day, 7 days per week, to serve as the local agent for the short-term rental
property. The owner shall notify the Finance Director or designee in
writing of the appointment of a local agent within five (5) days of such
appointment or modification of any such appointment.
4-14-7: HEALTH AND SAFETY STANDARDS:
Each short-term rental property shall comply with all of the following
standards, at a minimum, at all times while the property is being leased:
1. Buildings, structures or rooms shall not be used for purposes
other than those for which they were designed or intended.
2. Roofs, floors, walls, foundations, ceilings, stairs, handrails,
guardrails, doors, porches, all other structural components and all
appurtenances thereto shall be capable of resisting any and all forces and
loads to which they may be normally subjected, and shall be kept in sound
condition and in good repair.
3. Smoke detectors, carbon monoxide detectors and fire
extinguishers shall be installed and operable, and all wood -burning
fireplaces and stoves shall be cleaned on an annual basis.
4. An operable toilet, sink, and either a bathtub or shower shall
be located within the same building, and every room containing a toilet or
bathtub/shower shall be completely enclosed by walls, doors, or windows
that will afford sufficiency privacy.
5. There shall be a sufficient number of trash receptacles to
accommodate all trash generated by those occupying the short-term rental
property, and all receptacles shall comply with Chapter 9 of Title 5 of this
Code.
6. Occupancy of a short-term rental property shall comply with
Chapter 2 of Title 12 of this Code.
3
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7. The use of portable outdoor fireplaces is prohibited.
8. Electrical panels shall be clearly labeled.
9. All pets shall be subject to Title 6, Chapter 4 of this Code.
4-14-8: PARKING:
Parking shall comply with all applicable provisions of this Code. All
vehicles shall be parked in designated parking areas, and parking is
prohibited in any landscaped area.
4-14-9: SIGNAGE:
An owner shall post a sign conspicuously inside the short-term rental
property. The sign shall include the local agent's current contact
information, the owner's current contact information, the street address of
the short-term rental property and the short-term rental license number.
4-14-10: ADVERTISING:
All advertising for a short-term rental property shall include the short-term
rental license number, immediately following the description of the short-
term rental property.
4-14-11: TAXES:
The owner shall collect and remit Town sales and lodging taxes on each
short-term rental property.
4-14-12: NOTICE:
Any notice required by this Chapter to be given to an owner is sufficient if
sent by first-class mail to the address provided by the owner on the most
recent license or renewal application. Notice given to the local agent, by
first-class mail to the address provided by the owner, shall also be
sufficient to satisfy any required notice to the owner under this Chapter.
4-14-13: INITIAL COMPLAINTS:
Initial complaints concerning a short-term rental property shall be directed
to the local agent. The local agent shall resolve the issue that was the
subject of the complaint within sixty (60) minutes, or within thirty (30)
minutes if the problem occurs between 11:00 p.m. to 7:00 a.m., including
visiting the site if necessary.
4
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4-14-14: FORMAL COMPLAINTS AND REVOCATION:
A. If an initial complaint is not resolved, a formal complaint may be
filed with the Town Manager or designee, on forms provided by the Town.
The formal complaint shall describe in detail the violation(s) of this
Chapter alleged to have occurred on the short-term rental property.
Within three (3) days of receipt of such a complaint, the Town shall
provide a copy of the formal complaint to the owner.
B. If there are three (3) or more formal complaints issued for the same
short-term rental property within any consecutive twelve-month period, the
Town Manager or designee may revoke the license for that short-term
rental property upon written notice to the owner. The Town Manager or
designee may also revoke any short-term rental license that was issued in
error. The Town shall notify an owner, in writing, of any revocation and
the reasons therefor.
C. The owner may appeal any revocation by filing a written appeal
with the Town Manager or designee within ten (10) days of the date of the
revocation notice. In the written appeal, the owner shall describe the
reason for the appeal, and may request a hearing before the Town
Manager or designee. The hearing shall be informal, and may be
conducted in person or by telephone, at the discretion of the Town
Manager or designee. At the hearing, the owner shall have the
opportunity to be heard on the revocation. Within ten (10) days of the
hearing, the Town Manager or designee shall either uphold or reverse the
revocation, in writing. The decision of the Town Manager or designee
shall be final, subject only to review under C.R.C.P. 106(a)(4) by a court of
competent jurisdiction.
D. For a minimum of two (2) years following revocation of a short-term
rental license, the Town shall not accept an application for a new license
for the same short-term rental property. Following such two-year period, a
new short-term rental license shall only be issued for a short-term rental
property within a duplex if the record owner of the adjoining residential
dwelling unit consents in writing to the issuance of such license.
4-14-15: VIOLATION AND PENALTY:
A. It is unlawful for any owner, local agent or occupant of a short-term
rental property to violate any provision of this Chapter or any other
applicable provision of this Code.
B. In addition to any revocation proceedings pursuant to Section 4-14-
13, violations of this Chapter shall be subject to the penalties set forth in
Section 1-4-1 of this Code. Each separate act in violation of this Chapter,
and each and every day or portion thereof during which any separate act
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in violation of this Chapter is committed, continued, or permitted, shall be
deemed a separate offense. Any remedies provided for in this Chapter
shall be cumulative and not exclusive and shall be in addition to any other
remedies provided by law.
Section 2. The definition of "short term rental" contained in Section 4-1-2 of
the Vail Town Code and Section 4-1-4.B. of the Vail Town Code are hereby repealed in
their entirety.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and
the inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2017
and a public hearing for second reading of this Ordinance is set for the day of
, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Patty McKenny, Town Clerk
6
Dave Chapin, Mayor
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TOWN OF VAIL'
Short -Term Rental (STR)
Self -Compliance Affidavit
STR Property Address:
Parcel ID:
Check One: ❑ Existing STR — TOV License Number: ❑ New STR
Is this property a deed restricted affordable housing unit? ❑ Yes ❑ No
Is the property subject to a homeowners association or private covenant? ❑ Yes ❑ No
If Yes, please select a statement below that applies to the property:
o The property is subject to a homeowners association or private covenant and the operation of a short-term rental does not require
approval by the homeowners association or covenant beneficiary.
❑ The property is subject to a homeowners association or private covenant and the operation of a short-term rental has been approved
by the homeowners association or covenant beneficiary.
Is this address a duplex unit? ❑ Yes n No
If Yes, does the property have a shared common area that is physically accessed or used by all occupants? ❑ Yes ❑ No
If Yes, has written consent been provided by the owner of the adjoining residential unit? ❑ Yes ❑ No
(Attach copy of letter of consent from owner of adjoining residential unit )
If No, has written notification been provided to the owner of the adjoining residential unit? ❑ Yes ❑ No
(Attach copy of notice sent with proof of mailing to the owner of adjoining residential unit )
Owner's Name:
Mailing Address:
City: State/Zip:
Preferred Telephone: Email:
Occupancy: Occupancy limits of 2 per bedroom, plus 2 will be adhered to and appropriately listed in rental advertisements
Number of Bedrooms: Total Overnight Occupancy Advertised:
November 21, 2017 - Page 29 c
The operation of the short-term rental will comply with all town ordinances that apply to a residential dwelling.
Smoke detectors are installed outside of each sleeping area, in each room used for sleeping purposes, and on each
level of a living area including basements.
Carbon monoxide detectors are installed within twenty feet of sleeping areas, within twenty feet of fuel fired
appliances (including wood/ gas fireplaces), and within 10 feet of the doorway of an attached garage.
Fire extinguishers are located within thirty feet of the kitchen, on each level of a living area, and garage; and is readily
available for immediate use.
Wood Burning Fireplaces / Stoves - Fireplaces and flues are maintained in accordance with recognized standards
and have been inspected and cleaned on an annual basis. Proof of inspection and cleaning are required to be available
upon request.
Outdoor Fires — Portable outdoor fireplaces are prohibited.
Portable electric space heaters shall not be operated within 3 feet of combustible materials and shall not be plugged into
extension cords. Space heaters must be plugged directly into outlets.
The use of outdoor heating appliances is prohibited on balconies. Outdoor heating appliances shall not be operated
beneath or closer than 5 feet to buildings, overhangs, awnings, sunshades or similar combustible attachments
Community Impacts:
Renters will be informed that on -street parking is not allowed.
Adequate parking spaces will be provided for renter's use.
Renters will be informed of the noise ordinance. No excessive or unreasonable noise will be permitted at any time.
Renters will be informed of trash / recycling regulations and scheduled trash pickup times.
Night lighting ordinances will be complied with to reduce exterior light usage after dark.
If pets are allowed, renters will be informed of leash laws, pet waste disposal, and barking/noise considerations.
Life Safety:
The street address, license number, and property contact information is posted conspicuously in the interior of
property.
Please Note: All statements listed below must be initialed.
Failure to initial any question will delay your license issuance.
The operation of the short-term rental will comply with the "Good Neighbor Guidelines" and a copy of the guidelines
will be provided to the renters in the rental agreement or by posting it in a prominent location within the property.
November 21, 2017 - Page 30 c
By completing and signing this affidavit I (we) affirm that, under pains and penalties of perjury, that I have inspected this
property and that it complies with all applicable laws, and codes.
Owner Signature
Printed Name Date
Owner Signature
Subscribed and affirmed before me in the county of
State of Colorado, this
(Notary's official signature)
(Commission Expiration)
day of
, 2017.
Printed Name Date
Notary Seal
November 21, 2017 - Page 31 c
TIJWN OF VAIL'
Short -Term Rental
Good Neighbor Guidelines
The Good Neighbor Guidelines were created to educate short-term rental owners and
guests on the beliefs of promoting respect for Vail neighborhoods.
Property Contact Information. If at any time you have concerns about your stay or in regards to
your neighbors, please call the 24-hour contact number listed in the unit. In the event of an emergency,
please call 911.
General Respect for Neighbors. Be friendly, courteous, and treat neighbors like you want to be
treated. Respect neighbors and their property.
Noise. Be considerate of the neighborhood and your neighbor's right to the quiet enjoyment of
their home and property, especially after 11 p.m.
"5-1-7: NOISE PROHIBITED
A. Prohibited Act: The making and creating of an excessive or unusually loud noise at any
location in the town heard and measured in a manner hereinafter set forth shall be unlawful
except when made under and in compliance with a permit issued ..."
Trash & Recycling. Place trash and recycling containers at the appropriate place and time for
pickup. Return trash and recycling containers to the designated after pickup. Cigarette butts should
be properly extinguished and disposed of properly.
"5-9-3: RESIDENTIAL REFUSE DISPOSAL:
A. All residential refuse containers which receive "refuse" or attractants as defined by this
chapter must be either wildlife resistant refuse containers or wildlife proof refuse
containers, or be securely stored within a house, garage or wildlife resistant enclosure at
all times.
B. Residents with curbside pickup shall place only wildlife resistant refuse containers or
wildlife proof refuse containers at the curb, ally, or public right of way at or after six o'clock
(6:00) A.M. on the morning of scheduled pick up. After pick up, all containers must be
removed from the curb, alley or public right of way by seven o'clock (7:00) P.M. on the
same day."
November 21, 2017 - Page 32 0
Parking & Traffic Safety. Please park in the designated spaces. Do not park on lawns or in a
manner which blocks driveways, sidewalks, alleys or mailboxes. Drive slowly through neighborhoods
and watch for pedestrians and children playing.
"7-3A-1: PARKING TO OBSTRUCT TRAFFIC:
No person shall park any vehicle upon a street or at any other place within this municipality in
such a manner or under such conditions as to interfere with the free movement of vehicular
traffic or proper street or highway maintenance."
"7-3B-1: RESTRICTIONS:
It is unlawful for any person to park or cause to be parked any vehicle upon any private parking
lot or any other private property within the town without consent of the owner or the tenant or
the person in possession or control of the private parking lot or the private property."
Occupancy. Occupancy is limited within zoning regulations to 2 people per bedroom plus 2
additional.
"12-2-2: DEFINITIONS (FAMILY):
FAMILY: Family shall be deemed to be either subsection A or B of this definition:
B. A group of unrelated persons not to exceed two (2) persons per bedroom plus an
additional two (2) persons per dwelling unit used as a single housekeeping unit."
Pets. Promptly clean-up after your pets. Prevent excessive and prolonged barking, and keep pets
from roaming the neighborhood. Control aggressive pets, and be sure to abide by the local leash
laws. Pet food should be stored indoors and in a secure container to reduce the likelihood of
encounters with wildlife.
Tenant/Guest Responsibility. Approved guests and visitors are expected to follow the Good
Neighbor Guidelines. Be sure to read your rental agreement for additional terms and restrictions which
may include consequences for violating the Good Neighbor Guidelines.
November 21, 2017 - Page 33 0
TOWN ofTL11111)
Short -Term Rental (STR)
Agent Responsibility and Owner Authorization
Check One: ❑ New STR
❑ Existing STR — Change of Property Contact — TOV License Number
STR Street Address:
Owner's Name:
Designated Agent:
Name:
Address:
Phone Number:
Email Address:
Owner Declaration:
Each owner of a short-term rental property shall designate a person to serve as a contact person who has access and authority
to assume management of the unit and take remedial measures. The agent shall be available 24 hours a day, 7 days a week to
respond to tenant and neighborhood questions or concerns and must have a text -enabled phone. An owner of a short-term
rental may designate himself/herself as the agent. Any change of the agent or a modification to their contact information shall be
promptly furnished to the town.
I am the owner(s) of the subject property and hereby authorize the agent listed above to assume responsibility as the local
contact.
Owner Signature
Agent Responsibility:
Printed Name Date
As the contact, and due to the language "assume management of the unit and take remedial measures", you are
responsible for contacting the renters when you have been notified of a complaint. You may be contacted by the Town of Vail
Police Department to secure the property as needed. Therefore, you phone number will be available to police staff, and will be
listed under the short term rental license and posted for renters within the interior of the unit.
Agent Signature
Printed Name Date
November 21, 2017 - Page 34 c
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: First reading of Ordinance No. 16, Series 2017, an 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
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No.
16, Series 2017.
BACKGROUND: The town is required by Colorado state law to certify the mil levy by December
15 of each year.
STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 16,
Series 2017.
ATTACHMENTS:
Description
Mill Levy 2017
November 21, 2017 - Page 35 0
TOWN OF VAIL'
Memorandum
TO: Vail Town Council
FROM: Finance Department
DATE: November 21, 2017
SUBJECT: Mill Levy Ordinance
I. SUMMARY
Authorization for the collection of property taxes in 2018
II. DISCUSSION
You will be asked to approve the attached mill levy ordinance upon first reading on Tuesday
evening. This ordinance authorizes the collection of property taxes in 2018 based upon 2017
assessed valuations of property within the town's boundaries. Eagle County is responsible for
assessing values and for collecting property taxes on our behalf. The town is required by
Colorado state law to certify the mill levy by December 15 of each year. Since two readings of
an ordinance are required, we will bring the first reading on Tuesday and the second reading on
December 5th to enable us to meet the December 15 date. The attached ordinance is based on
preliminary assessed valuations from the county (as of August, 2017).
The town's base mill levy as shown in the ordinance is 4.69 mills and the abatement levy is .004
mils. Abatement results when a taxpayer protests an assessed valuation after the normal
protest period and is refunded a portion of the tax already due or paid. The abatement mill levy
allows the town to recoup the refunded amount. This abatement levy of .004 mils equates to an
additional $0.33 per year for a $1 million home.
The property tax authorized by the attached ordinance will generate $5.1 million in revenue in
2018, representing approximately 8% of the town's total revenue. The projected revenue
includes impacts from a reduction in residential taxes due to the Gallagher Amendment, but is
offset by increases in property valuations. The reduced residential rate will reduce property
taxes by 9.5% however residential values increased by approximately 10%, so taxes collected
by the town are anticipated to be flat from residential properties. Commercial properties were
assessed at a 50% increase in valuation, mainly due to new properties coming online and the
sale of large commercial properties.
November 21, 2017 - Page 36 0
ORDINANCE NO. 16
SERIES OF 2017
AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION
OF TOWN AD VALOREM PROPERTY TAXES DUE FOR THE 2017 TAX YEAR AND
PAYABLE IN THE 2018 FISCAL YEAR.
WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and
collection of Town ad valorem property taxes due for the 2017 year and payable in the 2018
fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail,
Colorado, that:
1. For the purpose of defraying part of the operating and capital expenses of the
Town of Vail, Colorado, during its 2018 fiscal year, the Town Council hereby levies a property
tax of 4.694 mills upon each dollar of the total assessed valuation of $1,077,591,330 for the 2017
tax year of all taxable property within the Town, which will result in a gross tax levy of
$5,053,904 calculated as follows:
Base mill levy 4.690 $5,053,904
Abatement levy .004 _ 4,310
Total mill levy 4.694 $5,058,214
Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the
Colorado Revised Statutes (1973 as amended), and as otherwise required by law.
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it would have passed this ordinance,
and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that
any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail as provided in this ordinance shall not affect any right which has accrued,
Ordinance 16, Series of 2017
November 21, 2017 - Page 37 0
any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED
PUBLISHED ONCE 1N FULL, this 21st day of November, 2017. A public hearing shall be held
hereon at 6 P.M. on the 5th day of December, 2017, at the regular meeting of the Town Council
of the Town of Vail, Colorado, in the Municipal Building of the Town.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Ordinance 16, Series of 2017
November 21, 2017 - Page 38 0
TUN OF9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 39, Series of 2017, A Resolution of the Vail Town Council
Authorizing the Acquisition of Lot 1 Bighorn Subdivision Second Addition
PRESENTER(S): Matt Mire, Town Attorney and Chad Sali, Project Engineer
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny
Resolution No. 39, Series of 2017.
BACKGROUND: The Town and seller have negotiated a purchase price for the property of
$140,000. As part of the sale, the seller specifically requested that the Town pass this Resolution
to Acquire the property. Lot 1, Bighorn Subdivision Second Addition is located adjacent to Bighorn
Road between Bridge Road and 1-70 Right of Way at the East Vail Interchange. A portion of the
Gore Valley Trail is currently located on this parcel and no easement exists for this encroachment.
The Town and Eagle River Water and Sanitation District has proposed relocating a sanitary sewer
main that currently crosses the Gore Creek at Bridge Road to the existing trail alignment in
anticipation of the reconstruction of the bridge at Bridge Road. This would eliminate a sanitary
sewer aerial crossing of Gore Creek once the new bridge is completed. When approached by the
ERWSD for a sewer easement on the parcel, the property owners stated that they would not grant
an easement but would prefer to sell the parcel. This parcel is also identified in the 1994
Comprehensive Open Lands Plans for acquisition to protect riparian areas and again in the draft
2017 Open Lands Plan Update for protection of environmentally sensitive land from development
and trail development. The acquisition of this parcel by the Town of Vail would allow for protection
of environmentally sensitive areas, legal rights for the Gore Vail Trail to remain and relocation of a
sanitary sewer aerial crossing of Gore Creek which will also eliminate the need to work around a
live sewer main during the reconstruction n of the Bridge Road bridge.
ATTACHMENTS:
Description
Resolution No. 39 Series of 2017
November 21, 2017 - Page 39 0
RESOLUTION NO. 39
SERIES 2017
A RESOLUTION OF THE VAIL TOWN COUNCIL AUTHORIZING THE
ACQUISITION OF LOT 1, BIGHORN SUBDIVISION SECOND
ADDITION
WHEREAS, the Town wishes to acquire certain property located at the corner of
Bighorn Road and Bridge Road in East Vail and legally described as Lot 1, Bighorn
Subdivision Second Addition, Town of Vail, County of Eagle, State of Colorado (the
"Property");
WHEREAS, the Town Council has determined that there is a compelling public
need and purpose to acquire the Property; and
WHEREAS, the Town Council desires that this Resolution serve as its intent to
acquire the Property.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. Notice is hereby given, pursuant to C.R.S. § 38-1-121(1), that the
Town intends to acquire the Property. The Town's authority to acquire the Property by
eminent domain is set forth in Section 1.2 of the Vail Town Charter and Article XX, § 1
of the Colorado Constitution.
Section 2. The acquisition of the Property serves a public purpose and is
necessary and essential to the Town's ability to provide necessary public utility
infrastructure for the residents of the Town.
Section 3. The Town Attorney is hereby directed to provide a copy of this
Resolution to all persons who presently own or maintain an ownership interest in the
Property notifying them of the intent of the Town to acquire such property.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st day of
November, 2017.
ATTEST:
Patty McKenny, Town Clerk
1
Dave Chapin, Mayor
11/16/2017
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VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Adjournment at 7:50 p.m.
TOWN Of9
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