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Home My WebLink About2018-05-01 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, May 1, 2018 TOWN Of 4IAJt 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. 6, Series of 2018, Recognizing May is Colorado Wildfire 5 min. Awareness Month Presenter(s): Mark Novak, Fire Chief 3. Appointments for Boards and Commissions 3.1. Vail Local Housing Authority Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint one person to serve on the VLHA for a five-year term ending on March 31, 2023. 3.2. Vail Local (Liquor) Licensing Authority Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint two people to serve on VLLA for two- year term ending March 31, 2020. 4. Consent Agenda 4.1. Minutes from April 3, 2018 4.2. Resolution No. 17, 2018, An Inter -Governmental Agreement between Eagle River Water & Sanitation District and Town of Vail to install the Holy Cross Energy's Underground Infrastructure Staff Recommendation: Approve Resolution No. 17, series 2018 5. Town Manager Report 5 min. 5 min. May 1, 2018 - Page 1 of 124 5.1. Town Manager Report 5 min. Presenter(s): Greg Clifton, Town Manager 6. Action Items 6.1. Vail Transit Stop Improvements Contract Award Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Award construction contract and supplement project budget as appropriate. Background: The Town of Vail has budgeted to construct transit capacity improvements at the Lionshead and Vail Village Transit Centers. The project has been publically bid, and one bid was received. Staff Recommendation: Award construction contract to Kraemer North America and supplement project budget as appropriate. 7. Presentations / Discussion 5 min. 7.1. 2018 Burton US Open Snowboarding Championships Recap 30 min. Presenter(s): Marc Murphy, Director of Partner Marketing, Burton Whitney Heingartner, Manager Partnerships, Burton Action Requested of Council: Information update only. Background: Burton US Open Snowboarding Championships event promoters will provide a 2018 event recap noting some of the community and economic benefits to the Town of Vail. Please note the presentation will only be a portion of the slides included in the packet in order to meet the 30 minute time limit. 7.2. Presentation Regarding Wildfire and Emergency Evacuation Preparations 30 min. Presenter(s): Dwight Henninger, Police Chief, Mark Novak, Fire Chief Action Requested of Council: Information only Background: The presentation will address an outlook about the upcoming fire season, wildland fire preparedness, evacuation preparedness and planning along with some recommendations. 8. Public Hearings 8.1. Ordinance No. 9 Series of 2018, Second Reading, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-4 Regarding Misuse of a Wireless Telephone While Driving Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 9, Series of 2018 upon second reading. Background: On June 1, 2017 the Colorado General Assembly passes Senate Bill 17-027 regarding the misuse of wireless telephone while driving. The Town wishes to adopt certain provisions of Senate Bill 17-027. 9. Adjournment 9.1. Adjournment at 7:30 p.m. 5 min. May 1, 2018 - Page 2 of 124 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. May 1, 2018 - Page 3 of 124 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 6, Series of 2018, Recognizing May is Colorado Wildfire Awareness Month PRESENTER(S): Mark Novak, Fire Chief ATTACHMENTS: Description 2.1 Proclamation No. 6, Series of 2018 May 1, 2018 - Page 4 of 124 May 1, 2018 - Page 5 of 124 TOWN Proclamation May is Colorado WHEREAS, wildfire significantly well-being; WHEREAS, wildfire presents a WHEREAS residents of Colorado's for living in high fire -hazard areas; WHEREAS, residents must prepare of vegetation surrounding the home and resist ignition; WHEREAS, wildfires can occur WHEREAS, residents must throughout the year. WHEREAS, Vail Fire and Emergency including home wildfire risk evaluations, information. WHEREAS, Everyone has a role Town of Vail is committed to becoming Adapted Vail. NOW, THEREFORE, the Vail Town Wildfire Awareness Month. The Town educational programs and to take action homes, families and community for wildfire, Dated this 1st day of May 2018 Vail Town Council ((5C.1;:) OF VAIL No. 6 Series of 2018 Wildfire Awareness Month impacts Colorado's environmental, economic and social threat to fragile wildlife habitat and health of Gore Creek; fire -prone communities need to accept responsibility to survive wildfire by ensuring proper management appropriate home construction and maintenance to during any month; and stay continuously vigilant and prepared for wildfire Services provides a number of free services curbside chipping and evacuation preparedness in wildfire preparedness, response and recovery, the resilient to wildfire by embracing the concepts of Fire Council hereby proclaims May 2018 to be Colorado of Vail encourages its citizens to observe this month with now to reduce the wildfire threat and prepare their and stay prepared throughout the year. Attest: lNG50y �R �,'� N°F69s 2c , 0 RORA-9 FCOMMUN\ Dave Chapin, Mayor Patty McKenny, Town Clerk May 1, 2018 - Page 5 of 124 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Local Housing Authority Appointment PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Appoint one person to serve on the VLHA for a five- year term ending on March 31, 2023. May 1, 2018 - Page 6 of 124 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Vail Local (Liquor) Licensing Authority Appointments PRESENTER(S): Dave Chapin, Mayor ACTION REQUESTED OF COUNCIL: Appoint two people to serve on VLLA for two-year term ending March 31, 2020. May 1, 2018 - Page 7 of 124 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Minutes from April 3, 2018 ATTACHMENTS: Description Minutes from April 3, 2018 meeting TOWN OF 1 X41 May 1, 2018 - Page 8 of 124 Vail Town Council Meeting Minutes Tuesday, April 3, 2018 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: 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 • Jonathan Levine, expressed his concerns about AT&T's cell service problems and impacts on his business. He noted the consistent problems with service and that his customers were having issues. He credited Ron Braden for his assistance in researching, identifying and solving some of the issues. He asked that the local government be aware of these issues and that they insist these issues get resolved. • Michael Cacioppo addressed his concern about the town council not commenting or responding to the community during citizen participation. He also expressed his dissatisfaction with service from AT&T and asked that the local government engage the vendor to provide better service. This lack of response from AT&T has a negative impact to the local customers and businesses. ■ Randy Guerriero, resident, requested that the town council schedule a future discussion about the need for a recreation facility in Vail. He also inquired about when the community would get another update about the development agreement for the Marriott Residence Inn. • Wolf Mueller, thanked the community and council for the funds raised to fight cancer and support research; he thanked everyone for the funds raised for pink vail. He also requested that the upper bench of the Donovan Park be re -vegetated; he noted there were negative impacts due to the wildfire mitigation logging project which disturbed the area. 2. Proclamations 2.1. Proclamation No. 3, Series of 2018, One Book One Valley, A Valley -wide Community Read sponsored by the Towns of Avon, Eagle, Gypsum, Minturn, Red Cliff, and Vail Town Council Meeting Minutes of April 3, 2018 Page 1 May 1, 2018 - Page 9 of 124 2.2. Proclamation No. 4, Series of 2018, Recognizing National Library Week 2018 "Libraries Lead" 2.3. Proclamation No. 5, Series of 2018, Recognizing April 2018 as Financial Capability Month Lorie Barnes, Vail Library Director, presented the proclamations and her staff supported the effort by reading each of the proclamations along with town council members. The proclamations were adopted. 3. Consent Agenda 3.1. Resolution No. 14, Series of 2018, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water and Sanitation District Regarding the Construction of the Bridge Road Sanitary Sewer Relocation Moffet moved to approve Resolution No. 14 on the consent agenda; Bruno seconded the motion and it passed (7-0). 3.2. Gore Valley Trail Improvements West Vail South Contract Award Moffet moved to approve the authorization of the Town Manager to enter into a construction contract in the amount of $268,229.45 for the Gore Valley Trail Improvements — West Vail South project; Bruno seconded the motion and it passed (7-0). 3.3. Holy Cross Energy Agreement Overhead to Underground Bighorn Road Moffet moved to approve the Holy Cross Energy Trench, Conduit and Vault Agreement in the amount of $250,000; Foley seconded the motion and it passed (7-0). 3.4. Holy Cross Energy Overhead to Underground Conversion S Frontage Road Moffet moved to approve the Holy Cross Energy Trench, Conduit and Vault Agreement in the amount of $325,000; Foley seconded the motion and it passed (7-0). 3.5. 1-70 East Vail Water Quality Improvements Project Award Moffet moved to direct the Town Manager to enter into a contract with United Companies in the amount of $1,007,718.60 to complete the 1-70 East Vail Water Quality Improvements Project; Foley seconded the motion and it passed (7-0). 3.6. March 6, 2018 Meeting Minutes 3.7. March 20, 2018 Meeting Minutes Foley noted a couple of edits to the minutes (first name of Mr. Campbell and thanking Rollie Kjesbo for his services on the DRB). Langmaid noted she would abstain from the minutes since she was out of town. Moffet moved to approve March 6 and March 20, 2018 meeting minutes; Foley seconded the motion and it passed (6-0; 1 Langmaid abstained). Town Council Meeting Minutes of April 3, 2018 Page 2 May 1, 2018 - Page 10 of 124 4. Town Manager Report Town Manager noted some highlights from his report, see council packet. He also referenced the memo from the IT Department which included updates about the Crown Castle vendor and services update and the Town of Vail data center progress. 5. Presentations / Discussion 5.1. Ford Park 2018 Summer Ford Park Parking Calendar Presenter(s): Greg Hall, director of Public Works and Transportation Action Requested of Council: Request input and approval on the 2018 Ford Park Summer Parking Calendar as prepared by staff and the Ford Park Users Group. Background: Each Spring the summer activities and events calendar is reviewed b 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 Vail Nature Center). The group's proposed 2018 managed and paid parking program is attached. Similar transit service will be provided. New this year will be the ability to provide parking vouchers for users of facilities not associated with the special event on a space available basis for a period of 2 hours. This will require those users to obtain validation from the appropriate venue (such as tennis center, BFAG education center classes, etc.) Greg Hall presented the topic with some highlights as follows: ■ TOV will offer a voucher program to those users in the park who visit VRD and BFAG. ■ TOV will offer 2 free days of parking with the lacrosse tournament because those days do not have evening functions ■ The AEG concert series, if booked, would likely convert to paid or managed parking ■ TOV would keep the entry fee at $10for events ■ TOV would continue to run free bus service frequently to Ford Park Foley moved to approve the Ford Park 2018 summer calendar; Moffet seconded the motion and it passed (7-0). 6. Action Items 6.1. Ordinance No. 8, Series of 2018, First Reading, An Ordinance Amending Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service Facilities. Presenter(s): Justin Lightfield, Planner Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8, Series of 2018 upon first reading. Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town Code with state and federal requirements. These regulations will continue to allow the location of wireless service facilities in the Town while protecting the public health, safety, and general Town Council Meeting Minutes of April 3, 2018 Page 3 May 1, 2018 - Page 11 of 124 welfare of the community. These regulations will also require the Town to continue to act on applications for the location of wireless service facilities within a reasonable time, will continue to encourage co -location of wireless service facilities, and will continue to prevent unreasonable discrimination among providers of functionally equivalent services. The Town of Vail Community Development Department worked with Town Attorney to develop a comprehensive ordinance in conjunction with the most recent state and federal regulations, which are summarized below. Staff Recommendation: Staff recommends that the Vail Town Council approve, on the first reading, Ordinance No. 8, Series of 2018. Justin Lightfield, Planner, introduced Ordinance No. 8 for first reading noting the basis for moving the legislation forward, as descried above. He noted the legislation complies with regulations found in the Telecommunications Act of 1996 (federal), the Spectrum Act (federal) and House Bill 17-1193 (state). There was no public comment at this time. Moffet moved to approve, on first reading, Ordinance No. 8 Series of 2018, an ordinance for a Prescribed Regulation Amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Title 12 of the Vail Town Code by the addition of a new Chapter 27 of Title 12, concerning Wireless Service Facilities, and setting forth details in regard thereto, based upon the review of the criteria outlined in Section V of the Staff memorandum to the Planning and Environmental Commission dated March 26, 2018 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." Bruno 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 7:00 p.m. Respectfully Submitted, Attest: Dave Chapin, Mayor Patty McKenny, Town Clerk Town Council Meeting Minutes of April 3, 2018 Page 4 May 1, 2018 - Page 12 of 124 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 17, 2018, An Inter -Governmental Agreement between Eagle River Water & Sanitation District and Town of Vail to install the Holy Cross Energy's Underground Infrastructure STAFF RECOMMENDATION: Approve Resolution No. 17, series 2018 ATTACHMENTS: Description memo Res No. 17 series 2018 TOV/ERWSD IGA May 1, 2018 - Page 13 of 124 TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: 05-01-2018 Subject: ERWSD IGA for Vail/Holy Cross Energy Utility Undergrouding I. SUMMARY The Eagle River Water and Sanitation District (ERWSD) is installing a new sanitary sewer main along the S Frontage Road from W Gore Creek Dr to Stephens Park. The Town of Vail has plans to convert existing overhead electric to underground from Elliot Rd to Kinnikinnick Rd, of which the eastern half falls within the limits of construction of the sewer main project. The Town and ERWSD wish to combine their construction efforts to achieve coordination, cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence for the work that falls within common limits of disturbance, Elliot Rd to Stephens Park. The ERWSD publicly bid the construction phase of the project in April 2018, with Western Pipeway the low responsible bidder. The cost of construction will be split between the Town and ERWSD as shown in exhibit A of the Intergovernmental Agreement (IGA). The ERWSD has agreed to contract directly with Western Pipeway, and the Town has agreed to provide reimbursement of the Town's cost of construction. The project is scheduled for spring 2018. Staff recommends approving Resolution No. 17, Series 2018, approving an IGA with ERWSD to install the Holy Cross Energy's underground infrastructure. 11. ATTACHEMENTS Resolution No. 17, 2018 Intergovermental Agreement (IGA) May 1, 2018 - Page 14 of 124 Town of Vail Page 2 May 1, 2018 - Page 15 of 124 RESOLUTION NO. 17 Series of 2018 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (THE "IGA") BETWEEN THE TOWN OF VAIL AND EAGLE RIVER WATER AND SANITATION DISTRICT REGARDING THE CONSTRUCTION OF THE VAIL/HOLY CROSS ENERGY UTLITY UNDERGROUNDING; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, the District desires to install a new sanitary sewer main along the South Frontage Road in West Vail and the Town desires to provide for the underground installation of Holy Cross Energy electrical lines within the same utility corridor (the "Electrical Undergrounding"); WHEREAS, the Parties wish to combine their construction efforts to achieve coordination, cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence. The Parties desire for the proposed sewer main installation and electrical utility undergrounding to be administered, constructed and installed, to the extent provided for herein, as one project (collectively, the "Project"); WHEREAS, the Council's approval of Resolution No. 1 7 , Series 2018, is required to enter into the Intergovernmental Agreement ("IGA"). NOW THEREFORE, B E IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with ERWSD on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. passage. This Resolution shall take effect immediately upon its Resolution No. 17, Series of 2018 May 1, 2018 - Page 16 of 124 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1st day of May, 2018. Dave Chapin Town Mayor ATTEST: Patty McKenny Town Clerk Resolution No. 17, Series of 2018 May 1, 2018 - Page 17 of 124 INTERGOVERNMENTAL AGREEMENT FOR THE WEST VAIL SEWER MAIN IMPROVEMENTS AND TOWN OF VAIL/HOLY CROSS ENERGY ELECTRIC UTILITY UNDERGROUNDING THIS AGREEMENT is made and entered into this day of 2018, by EAGLE RIVER WATER AND SANITATION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado, ("District") and the TOWN OF VAIL, a political subdivision of the State of Colorado ("Town"). Collectively these entities are also referred to as the "Parties". RECITALS WHEREAS, Eagle River Water and Sanitation District is a water and sewer District organized and existing under the Colorado Special District Act; and WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, the Town of Vail is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; and WHEREAS, Section 18(2)(a) and (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, it is recognized by the Parties, that the public health, safety and welfare of their inhabitants is best served by providing high quality utility infrastructure; and WHEREAS, the District desires to install a new sanitary sewer main along the South Frontage Road in West Vail and the Town desires to provide for the underground installation of Holy Cross Energy electrical lines within the same utility corridor (the "Electrical Undergrounding"); and {00574996.DOC / 2 } May 1, 2018 - Page 18 of 124 WHEREAS, the Parties wish to combine their construction efforts to achieve coordination, cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence. The Parties desire for the proposed sewer main installation and electrical utility undergrounding to be administered, constructed and installed, to the extent provided for herein, as one project (collectively, the "Project"); and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the construction of the Project; and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: 1. Cooperation. The Parties agree to cooperate in the planning, design, construction, inspection, cost and expense sharing, administration and warrantee phases of the Project referenced in this Agreement and to cooperate and facilitate the combined efforts including, but not limited to the execution of any additional agreements, easements, and rights-of-way necessary to implement the purposes of this Agreement. 2. Design Costs. The District and the Town provided for the design of the project separately, and combined the work into one package for bidding and construction administration. 3. Project Management: The District will provide a construction management representative ("District Construction Manager") to coordinate the construction work, provide clarifications to the Contractor and review and approve proposed field changes, cost changes and time changes in a timely manner The Town will provide a construction management representative ("Town Construction Manager") to coordinate execution of the Town's portion of the Project with the District Construction Manager as required herein. With respect to communications with Project Contractor, suppliers and consultants, the Town Construction Manager shall not have authority to bind, or otherwise affect the obligations of, the District. 4. Construction Contract. The District administered a competitive bid process for the construction of this Project under the title "West Vail Sewer Main Improvements". The bid documents included items designed for and approved by the District and items designed for and approved by the Town. {00574996.DOC / 2 } 2 May 1, 2018 - Page 19 of 124 Western Pipeway (the "Contractor") was the lowest responsive, responsible bidder, and the District has entered into a contract with Contractor for the Project. A copy of Contractor's bid tabulation dated April 3, 2018 is included as Attachment A. The District will coordinate and supervise the Project, and will be the Owner as defined in the construction contract. The District will coordinate the construction work, provide clarifications to the Contractor, and work with the Parties regarding any change orders or modifications to the construction contract. No work for the Town outside of the construction contract will be commenced without approval by the Town Construction Manager. 5. Construction Inspection. The District Construction Manager will be responsible for construction inspection of its portion of the Project. 6. Geotechnical Testing. The District will pay for geotechnical testing costs associated with its portion of the Project. The Town will either reimburse the District for geotechnical testing associated with its portion of the Project, or contract directly with a Geotechnical testing firm. 7. Cost Sharing. The District agrees to pay all costs to the Contractor for the Project. The District will invoice the Town on a monthly basis for the Town's portion of the work based on work accomplished per the Contractor's invoices and the value of the work listed in Attachment A. The Town will reimburse the District for the invoiced work within 30 days. The Town represents that it has appropriated sufficient funds to pay in full its obligations hereunder. The Town agrees to pay 100% of the construction costs of the Electrical Undergrounding work as defined in Attachment A. 8. Change Orders. Any change orders that arise during construction related to the District portion of the Project will be negotiated between the District and the Contractor. Neither the District nor its Contractor will commence any work outside of the contracted items for which it expects reimbursement from the Town without the prior approval of the Town's Construction Manager. 9. Project Meetings. The District will make a good faith effort to invite a representative of the Town to meetings concerning the Project, and otherwise provide open communications throughout the Project. 10. Warranties. For any work that the Town determines does not conform to the Project or Town specifications set forth therein, or needs to be completed under warranty conditions, the Town shall notify the District and {00574996.DOC / 2 } 3 May 1, 2018 - Page 20 of 124 the District will notify the Contractor under the terms of the District's agreement with the Contractor. District will obtain requisite warranties of at least a TWO-YEAR period from Contractor for workmanship and/or materials for facilities, infrastructure, and appurtenances constructed for the Project. 11. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. 12. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 13. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the District Court for Eagle County, State of Colorado, pursuant to the appropriate rules of civil procedures. 14. Captions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 15. Binding Agreement upon Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 16. Interested Persons. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than the District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any way the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 17. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand -delivered or sent by certified, {00574996.DOC / 2 } 4 May 1, 2018 - Page 21 of 124 United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: Greg Clifton, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water and Sanitation District Linn Brooks, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228-1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 18. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 19. Waiver. The waiver of any breach of any of the provisions of this Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. {00574996.DOC / 2 } 5 May 1, 2018 - Page 22 of 124 20. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 21. Duplicate Originals. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. 22. Separate Entity Status. In no event shall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. 23. Indemnification. Each party, to the extent permitted by law and subject to all of the immunities, defenses and protections afforded to that party by the Colorado Governmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance of services under this Agreement. 24. Force Majeure. No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. 25. Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. {00574996.DOC / 2 } 6 May 1, 2018 - Page 23 of 124 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. Attest: Catherine Hayes, District Administrator Attest: Patty McKenny, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney {00574996.DOC / 2 } EAGLE RIVER WATER AND SANITATION DISTRICT By: Linn Brooks, General Manager TOWN OF VAIL By: Greg Clifton, Town Manager 7 May 1, 2018 - Page 24 of 124 ATTACHMENT A (CONTRACTOR'S BID TABULATION DATED APRIL 3, 2018) {00574996.DOC / 2 } May 1, 2018 - Page 25 of 124 West Vail Sewer Improvements HCE Project No. 2171025.00 Exhibit A- IGACost Sharing High Country Engineering, Inc. Prepared By: Romeo Baylosis April 17, 2018 ERWSD Western Pipeway Item No. Item Descri•tion Quandt Unit Unit Cost Item Cost Subtotal General $ 297,021 1 Mobilization and Demobilization 1 L5 $ 76,125 $ 76,125.00 1A Mobilization and Demobilization(Electric) 1 LS $ 3,104 $ 3,104.00 2 Traffic Control 1 LS $ 159,090 $ 159,090.00 2A Traffic Control (Electric) 1 LS $ 35,550 $ 35,550.00 3 Erosion Control 1 LS $ 11,875 $ 11,875.00 4 Construction Surveying 1 LS $ 11,277 $ 11,277.00 4A Construction Surveying (Electric) 1 L5 $ - $ - Sewer $ 456,633 5 16" 0905 PVC Sewer Main 1578 LF $ 177.80 $ 280,568.40 6 12" C900 PVC Sewer Main 0 LF $ - $ - 7 8" 0900 PVC Sewer Main 284 LF $ 60.00 $ 17,040.00 8 4' Dia. Sewer Manhole 11 EA $ 8,654.00 $ 95,194.00 9 4' Dia. Sewer Drop Manhole 1 EA $ 9,682.00 $ 9,682.00 10 6' Dia. Sewer Manhole 1 LS $ 40,867.00 $ 40,867.00 11 Remove/Dispose or Abandon Ex. Sewer 1 LS $ 6,852.00 $ 6,852.00 12 Sanitary Sewer Service) nstallation 4 EA $ 345.00 $ 1,380.00 13 Sewage Bypass Pumping 15 DAY $ 170.00 $ 2,550.00 14 Modify Existing Water Service 16 LF $ 156.25 $ 2,500.00 Earthwork $ 346,735 15 RemovalAsphalt Mat(5"thick) 2597 SY $ 2.40 $ 6,232.80 0.0% SFRdI nt 16 Unclassified Excavation and Disposal 1808 CY $ 30.75 $ 55,596.00 17 Suitable Backfill Material Import 3117 TON $ 22.60 $ 70,444.20 CasaCo 16 Unclassified Excavation 2949 CY $ 30.75 $ 90,681.75 17 Suitable Backfill Material Import 4777 TON $ 22.60 $ 107,960.20 18 Structure Bac kfill (Flowfill CLSM) 100 CY $ 158.20 $ 15,820.00 Roadway Bases and Pavement $ 170,792 SFRdl nt 20.0% 19 Hot Bituminous Pavement 319 TON $ 151.00 $ 48,169.00 20 Hot Bituminous Pavement Overlay 129 TON $ 130.00 $ 16,770.00 21 Aggregate Base Course (Class 6) 506 TON $ 26.60 $ 13,459.60 SFRdE 19 Hot Bituminous Pavement 174 TON $ 151.00 $ 26,274.00 20 Hot Bituminous Pavement Overlay 10 TON $ 130.00 $ 1,300.00 21 Aggregate Base Course (Class 6) 275 TON $ 26.60 $ 7,315.00 Conoco 19 Hot Bituminous Pavement 146 TON $ 151.00 $ 22,046.00 21 Aggregate Base Course (Class 6) 288 TON $ 26.60 $ 7,660.80 WGCDr 19 Hot Bituminous Pavement 48 TON $ 151.00 $ 7,248.00 20 Hot Bituminous Pavement Overlay 1 TON $ 130.00 $ 130.00 21 Aggregate Base Course (Class 6) 90 TON $ 26.60 $ 2,394.00 GVTrail 19 Hot Bituminous Pavement 27 TON $ 151.00 $ 4,077.00 21 Aggregate Base Course (Class 6) 54 TON $ 26.60 $ 1,436.40 22 Infra red Seam 368 LF $ 34.00 $ 12,512.00 Miscellaneous $ 59,040 23 Pavement Markings 1287 SF $ 1.20 $ 1,544.40 0.0% 24 Reset Existing Traffic Sign 1 EA $ 125.00 $ 125.00 ERWSD TOV Casa Del Sol %res res %res feS %res Sires 100.0% $ 76,125 0.0% $ - 0.0% $ - 100.0% $ 3,104 100.0% $ 159,090 0.0% $ - 0.0% $ - 100.0% $ 35,550 78.3% $ 9,298 21.7% $ 2,577 78.3% $ 8,830 21.7% $ 2,447 78.3% $ - 21.7% $ - 100.0% $ 280,568 0.0% $ - 100.0% $ - 0.0% $ - 100.0% $ 17,040 0.0% $ - 100.0% $ 95,194 0.0% $ - 100.0% $ 9,682 0.0% $ - 100.0% $ 40,867 0.0% $ - 100.0% $ 6,852 0.0% $ - 100.0% $ 1,380 0.0% $ - 100.0% $ 2,550 0.0% $ - 100.0% $ 2,500 0.0% $ - 100.0% $ 6,233 0.0% $ - 80.0% $ 44,477 20.0% $ 11,119 80.0% $ 56,355 20.0% $ 14,089 100.0% $ 90,682 0.0% $ - 100.0% $ 107,960 0.0% $ - 100.0% $ 15,820 0.0% $ - 80.0% $ 38,535 20.0% $ 9,634 80.0% $ 13,416 20.0% $ 3,354 80.0% $ 10,768 20.0% $ 2,692 100.0% $ 26,274 0.0% $ - 100.0% $ 1,300 0.0% $ - 100.0% $ 7,315 0.0% $ - 100.0% $ 22,046 0.0% $ - 100.088 $ 7,661 0.0% $ - 100.0% $ 7,248 0.0% $ - 100.0% $ 130 0.0% $ - 100.0% $ 2,394 0.0% $ - 0.0% $ - 100.0% $ 4,077 0.0% $ - 100.0% $ 1,436 100.0% $ 12,512 0.0% $ - 100.0% $ 1,544 0.0% $ - 100.0% $ 125 0.0% $ - May 1, 2018 - Page 26 of 124 Attachment A - Page 1 of 3 ERWSD Western Pipeway Item No. Item Descri• ion Quant' Unit Unit Cost Item Cost Subtotal 25 Seeding 0.0062 AC $ 24,193.00 $ 150.00 100.0% 26 Sod 5489 SF $ 2.75 $ 15,094.75 27 Irrigation 550 LF $ 1.00 $ 550.00 28 Tree Protection 1 LS $ 500.00 $ 500.00 29 Landscaping 1 LS $ 5,076.00 $ 5,076.00 30 Construction Dewatering 30 DAY $ 740.00 $ 22,200.00 31 Rock Excavation 100 CY $ 15.00 $ 1,500.00 32 Pothole Utilities 36 HR $ 335.00 $ 12,060.00 33 Relocate Shallow Utility Line 400 LF $ 0.60 $ 240.00 Casa Del Sol Drainage, Grading, & Paving 1m provements $ 253,614 General 34 Mobilization and Demobilization 1 LS $ 6,980.00 $ 6,980.00 35 Traffic Control 1 LS $ 13,552.00 $ 13,552.00 36 Erosion Control 1 LS $ 5,111.00 $ 5,111.00 37 Construction Surveying 1 LS $ 4,368.00 $ 4,368.00 38 Geotechnical and Material Testing 1 LS $ 9,789.00 $ 9,789.00 Earthwork 39 RemovalAsphalt Mat (3"thick) 3111 SY $ 4.80 $ 14,932.80 40 Unclassified Excavation&Disposal 399 CY $ 34.60 $ 13,805.40 41 Remove& Dispose Unsuitable/ExcessTrench Material 124 Cy $ 41.75 $ 5,177.00 42 Suitable Backfill Material Import 408 TON $ 28.60 $ 11,668.80 43 Subgrade Preparation 3111 SY $ 0.50 $ 1,555.50 Roadway Bases and Pavement 0 $ - 44 Hot Bituminous Pavement 616 TON $ 124.25 $ 76,538.00 45 Aggregate Base Course (Class 6) 1176 TON $ 26.90 $ 31,634.40 46 Concrete Pan 2' wide(6"thick) 1010 SF $ 14.70 $ 14,847.00 Storm Drainage 47 8"ADS N-12 Storm Main 70 LF $ 50.00 $ 3,500.00 48 4"ADS N-12 Storm Lateral 434 LF $ 37.00 $ 16,058.00 49 Type 131 nlet 1 EA $ 1,702.00 $ 1,702.00 50 Modify Existing Inlet 1 EA $ 280.00 $ 280.00 Miscellaneous 51 Signing and Pavement Marking 1 LS $ 672.00 $ 672.00 52 Landscape Planters 400 SF $ 9.20 $ 3,680.00 53 Irrigation Allowance 100 LF $ 8.40 $ 840.00 54 Heat Trace Storm Alma nce(byothers) 500 LF $ 8.20 $ 4,100.00 71 Conduit Trenching 302 LF $ 35.00 $ 10,570.00 72 4"SCH 40 PVC Conduit 302 LF $ 1.65 $ 498.30 73 Trash Enclosure Paving 1 L5 $ 1,755.00 $ 1,755.00 Electric Ut ity U ndergroundiig - South Frontage Road (Phase 1) Elliot Road to Stephens Park $ 227,113 $ 840 26 -Electrical $ 15,937 55 Set Electric Vault 3 EA $ 2,145.00 $ 6,435.00 56 Connect to Existing Vault 1 EA $ 3,214.00 $ 3,214.00 57 6" PVC Conduit (I nstall Only) 3930 LF $ 0.80 $ 3,144.00 58 4" PVC Conduit (I nstall Only) 3930 LF $ 0.80 $ 3,144.00 31 -Earthwork $ - $ 165,969 59 Utility Trenching and Backfilling 1965 LF $ 28.60 $ 56,199.00 0.0% 60 Conduit Bedding Material(CDOT Class 6 Base) 406 TN $ 25.50 $ 10,353.00 61 Ex port Trench Spoils 582 CY $ 20.00 $ 11,640.00 62 Flowfill(CLSM) Backfill 364 CY $ 190.00 $ 69,160.00 63 Overexcavate Unsatisfactory Trench Sub -Base Material 10 CY $ 77.00 $ 770.00 64 Sawcut Asphalt Pavement 1898 LF $ 1.25 $ 2,372.50 65 Remove Pavement (Asphalt and Concrete) 2870 SF $ 2.50 $ 7,175.00 66 Erosion Control 1 LS $ 8,299.81 $ 8,299.81 ERWSD TOV Casa Del Sol %res $res %res res %res Sires 100.0% $ 150 0.0% $ - 100.0% $ 15,095 0.0% $ - 100.0% $ 550 0.0% $ - 100.0% $ 500 0.0% $ - 100.0% $ 5,076 0.0% $ - 100.0% $ 22,200 0.0% $ - 100.0% $ 1,500 0.0% $ - 100.0% $ 12,060 0.0% $ - 100.0% $ 240 0.0% $ - 57.4% $ 4,007 42.6% $ 2,973 57.4% $ 7,780 42.6% $ 5,772 57.4% $ 2,934 42.6% $ 2,177 57.4% $ 2,507 42.6% $ 1,861 57.4% $ 5,619 42.6% $ 4,170 57.4% $ 8,572 42.6% $ 6,360 57.4% $ 7,925 42.6% $ 5,880 0.0% $ - 100.0% $ 5,177 0.0% $ - 100.0% $ 11,669 57.4% $ 893 42.6% $ 663 57.4% $ 43,937 42.6% $ 32,601 57.4% $ 18,160 42.6% $ 13,474 0.0% $ - 100.0% $ 14,847 0.0% $ 100.0% $ 3,500 0.0% $ - 100.0% $ 16,058 0.0% $ 100.0% $ 1,702 0.0% $ - 100.0% $ 280 57.4% $ 386 42.6% $ 286 0.0% $ 100.0% $ 3,680 0.0% $ - 100.0% $ 840 0.0% $ 100.0% $ 4,100 0.0% $ - 100.0% $ 10,570 0.0% $ 100.0% $ 498 0.0% $ - 100.0% $ 1,755 0.0% $ - 100.0% $ 6,435 0.0% $ - 100.0% $ 3,214 0.0% $ - 100.0% $ 3,144 0.0% $ - 100.0% $ 3,144 0.0% $ - 100.0% $ 56,199 0.0% $ - 100.0% $ 10,353 0.0% $ - 100.0% $ 11,640 0.0% $ - 100.0% $ 69,160 0.0% $ - 100.0% $ 770 0.0% $ - 100.0% $ 2,373 0.0% $ - 100.0% $ 7,175 0.0% $ - 100.0% $ 8,300 May 1, 2018 - Page 27 of 124 Attachment A - Page 2 of 3 Attachment A - Page 3 of 3 May 1, 2018 - Page 28 of 124 Western Pipeway ERWSD TOV Casa DelSol Item No. Item Descri. ion Quantic Unit Unit Cost Item Cost Subtotal %res $res %res $res %res $res 32- Exterior l mprovements $ 45,207 67 Asphalt Paving (Patching 2" lower lift) 36 TN $ 377.40 $ 13,586.40 0.0% $ - 100.0% $ 13,586 68 Asphalt Overlay 2" 163 TN $ 134.50 $ 21,923.50 0.0% $ - 100.0% $ 21,924 69 Class 6 Aggregate Base Course 99 TN $ 35.70 $ 3,534.30 0.0% $ - 100.0% $ 3,534 70 2"Aspha It Mill 1450 SY $ 4.25 $ 6,162.50 0.0% $ - 100.0% $ 6,163 Subtotal $ 1,810,948.51 74.2% $ 1,342,863 17.5% $ 317,193 8.3% $ 150,893 May 1, 2018 - Page 28 of 124 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report PRESENTER(S): Greg Clifton, Town Manager ATTACHMENTS: Description Town Manager Report 050118 TOWN OF 1 X41 May 1, 2018 - Page 29 of 124 TOWN OF511.) 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - May 1st TOWN COUNCIL MEETING TOPICS • Pete Seibert Monument Fund Raising Committee • Emergency Communication Testing • Library Roof Repair • Building Permit Updates • Retreats Town Manager's Office 970.479.2106 970.479.2157 fax Pete Seibert Monument Fund Raising Committee The fundraising effort is becoming formalized and strategies are becoming clear. In meeting with Mery Lapin, there are some notable updates to share at this time. There is a fund-raising committee that would like to be officially recognized as a town committee for purposes of liability protection, insurance coverage, and finance accounting. The committee will be comprised of Bill Rey, George Lamb Mery Lapin, and Jim Flaum. A Town Council representative could also be considered, but the mechanics and process for structuring of this committee needs to be discussed with our Town Attorney upon his return to Vail. Our Finance Director has indicated that there is no issue in having the town account for the funds. The cost of the monument is still estimated to be $300,000. It has been determined that there is no commission fee embedded in this cost. In terms of location, some members of AIPP and interested parties toured the village to evaluate possible sites. Two locations are deemed desirable at this time: the greenscape adjoining the International Bridge (northwest corner — see image above) and the lawn in front of Mountain Standard (see image below, taken by photographer Carlie Smith). The full AIPP board has yet to review these proposed locations, but that review is underway. The town will take care of the pad and handling the monument, courtesy of Public Works. AIPP will decide on placement and thought the 2 locations on the International Bridge or on the lawn in front of Mountain Standard were good ideas. Efforts are underway to finish a brochure for dissemination. Levels of funding are targeted at $5,000, $10,000 and $25,000, with some form of plaque to memorialize the contributors (without disclosing actual contributions). May 1, 2018 - Page 30 of 124 "This is Only a Test" The Vail Public Safety Communications Center will be testing a new Wireless Alert system at 12:30 p.m. on Wednesday, May 2. The test is intended to be seen on smart phones between East Vail and West Vail, but might reach phones outside of the targeted test area. Immediately following the test, we'll be asking for the public's help to identify the extent of the test's reach to understand its capabilities for emergencies in the future. Also on May 2, from 1:30 to 3:30 p.m., residents of West Vail may hear test messages over a speaker system as part of an equipment demonstration at the West Vail Fire Station. Library Roof Repair The recent roof leak and related repair caused disruption to the library but it was certainly manageable. Although the initial leak happened in the north side of the Community Room, it quickly migrated south and impacted the usage of the southern half of that space. Thankfully, there is in place an accordion door that nicely separates the two halves of the room, allowing the negatively impacted southern side to be temporarily closed. The initial leak was discovered on March 2nd. Subsequent efforts to remove snow and find the leak were challenging, and repair efforts eventually revealed that the membrane was not going to be easily patchable. It was then determined to replace the entire roof section. On March 27th, an emergency building permit was sought, followed by an expedited schedule to have the new membrane installed. The new roof was successfully installed and determined to be weather tight by about April 6th. The total repair cost is about $50,320, with some additional cleaning and dry wall work. The re -installation of the Vintage Vail Quilt (work to be done by Art Management & Planning Associates, Inc.) is estimated to be about $1,300, and is scheduled to occur on May 7th. Building Permit Updates This update regards expired building permits — an administrative issue that has seen some recent resolution. All building permits are required to pass a final inspection prior to receiving a certificate of occupancy or certificate of completion. Per the adopted building code, permits that do not have an inspection will expire after 180 days and we find that many contractors do not call for the required inspections or may fail a required inspection and do not call to schedule the re -inspection. Town Manager's Report Page 2 May 1, 2018 - Page 31 of 124 Thanks to implementation of the new permit tracking software, MAGNET, the Community Development Department can now track and report on these expired permits. In December 2017, approximately 260 permits were identified as expired and a code violation letter was sent to the contractor of record and followed up by a letter of non-compliance to the homeowner approximately 60 days later. Through this effort, the department has been able to inspect and close 157 of these expired permits. The department continues to work on the remaining expired permits. The collaborative efforts of the administrative, building and planning teams are apparent in the success of this project. The teams will continue these efforts into the future to ensure that projects receive all required inspections and the inspection processes are timely completed. Retreat Schedule One last reminder ... the Council / Staff retreat is occurring on May 15th during the afternoon at the Clubhouse. This will be an afternoon retreat (noon — 4pm) and we will provide shuttle transport from Town Hall. We will start with lunch, and launch into the meeting, which will be facilitated. As previously noted, the purpose of this meeting is to continue the discussion, and prioritization, of the Town Council 2018-20 Action Plan. Also, the scheduled retreat with Vail Resorts has been bumped to Thursday, June 14th, as discussed. Please plan on this being an afternoon meeting as well, with lunch, but the venue will be the Grandview. It will be posted as a special meeting for the Town Council. Details and agenda to follow. Town Manager's Report Page 3 May 1, 2018 - Page 32 of 124 TOWN OF 1 X41 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Vail Transit Stop Improvements Contract Award PRESENTER(S): Tom Kassmel, Town Engineer ACTION REQUESTED OF COUNCIL: Award construction contract and supplement project budget as appropriate. BACKGROUND: The Town of Vail has budgeted to construct transit capacity improvements at the Lionshead and Vail Village Transit Centers. The project has been publically bid, and one bid was received. STAFF RECOMMENDATION: Award construction contract to Kraemer North America and supplement project budget as appropriate. ATTACHMENTS: Description Memo May 1, 2018 - Page 33 of 124 TOWN OF VAIL. Memorandum To: Town Council From: Public Works Department Date: May 1, 2018 Subject: Vail Transit Improvements Project Award I. SUMMARY The Town received one bid for the Vail Transit Improvement Project from Kraemer North America; Base Project Bid: Lionshead Landscape Alternate Bid: Lionshead Stair Connection Alternate Bid: Lionshead Bus Shelter Alternate Bid: $ 897,872.05 $ 80,913.64 $ 47,436.00 $ 257,666.40 The Town of Vail's total project budget, for design/construction/ and construction management, is $975,000. Staff recommends awarding the Base Project Bid along with the Landscape Alternate and Stair Connection Alternate Bid to Kraemer NA; and not awarding the Bus Shelter Alternate at this time. The total recommended contract award would then be $1,026,221.69 and over budget. Staff recommends supplementing the project budget by $175,000 from the savings that will be realized from the West Vail Roundabout and Sidewalk repair project. Alternatively, Council could also supplement the project with TIF dollars as this is a TIF eligible project. Staff recommends delaying the bus shelter installation due to cost and due to an existing conflict with the water main. Based on recent pothole information, it was determined that the existing water line main is 13' below the proposed shelter foundation and would require relocation of the water main at an additional significant expense. The water line relocation is now being considered as a part of the 2020 South Frontage Road Roundabout and Improvements Project as a joint project by the Town and ERWSD. If realigned the bus shelter can be installed at that time in 2020. If Council chooses not to supplement the project budget, staff recommends awarding the Base Bid with no alternate bids for a total contract award of $897,872.05 II. STAFF RECOMMENDATION Staff recommends the Town Council directs the Town Manager to enter into a contract with Kraemer North America, in the amount of $1,026,221.69, in a form approved by the Town Attorney. May 1, 2018 - Page 34 of 124 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 2018 Burton US Open Snowboarding Championships Recap PRESENTER(S): Marc Murphy, Director of Partner Marketing, Burton Whitney Heingartner, Manager Partnerships, Burton ACTION REQUESTED OF COUNCIL: Information update only. BACKGROUND: Burton US Open Snowboarding Championships event promoters will provide a 2018 event recap noting some of the community and economic benefits to the Town of Vail. Please note the presentation will only be a portion of the slides included in the packet in order to meet the 30 minute time limit. ATTACHMENTS: Description Burton US Open Memo & Recap Presentation May 1, 2018 - Page 35 of 124 TOWN OF vain 75 South Frontage Road West Vail, Colorado 81657 vailgov.com To: Vail Town Council Economic Development Office 970.479.2454 970.479.2157 fax From: Marc Murphy, Director of Partner Marketing, Burton & Whitney Heingartner, Manager Partnerships, Burton Date: May 1, 2018 Subject: 2018 Burton US Open Snowboard Championships Event Recap I. BACKGROUND Burton US Open Snowboard Championships event promoters will provide a 2018 event recap noting some of the community and economic benefits to the Town of Vail. Please note the presentation will only be a portion of the slides included in the packet in order to meet the 20 minute time limit. II. ACTION REQUESTED OF COUNCIL None — informational only. ATTACHMENTS Description Burton US Open Snowboard Championships Presentation May 1, 2018 - Page 36 of 124 Surveyed Event Recap: 2018 Burton US Open TOWN OF 115 May 1, 2018 - Page 37 of 124 Burton US Open Snowboarding Championships: March 5, 2018 — March 10, 2018 Marc Murphy Office: 802.651.0493 Mobile: 860.485.6715 marcm@burton.com Whitney Heingartner Office: 802.652.3770 Mobile: 802.779.1451 2 May 1, 2018 - Page 38 of 124 Table of Contents Introduction New Burton Trail Map Sustainability Athlete POV Goals and Objectives Highlights Additional Wins Lessons Learned RRC Survey/General USO Findings USO Visitor/Attendance Lodging NPS Revenue and ROI Community Broadcast/Webcast Marketing and Promotion Social Media PR/Communications Event Budget Appendix A: RRC Survey, Burton Dash Analysis Appendix B: RRC Survey, USO Intercept Appendix C: Contractual Deliverables Page 4 Page 5 Page 6 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 16 Page 24 Page 26 Page 28 Page 30 Page 33 Page 37 Page 41 Page 48 Page 56 Page 58 Page 59 Page 60 TOWN OF VAIL 3 May 1, 2018 - Page 39 of 124 Introduction Burton's commitment with our key Partners to provide a premier event and to uphold our legacy and heritage of the US Open is unwavering. Vail is our home. TOWN OF 4 May 1, 2018 - Page 40 of 124 Burton- NEW Trail Map RPM M TRAI niKE IMR`PONEFUI Mgrompganic mynaw — A - %Ding) M G1 `?` 3ANU'u a 0411MITZIPM WOURTA A DELIVER A PREMIUM EXPERIENCE { 5 May 1, 2018 - Page 41 of 124 2020 Sustainability Goals JOIN US, BURTON SV STA IN AB I L1 TY FEW B ETTER ON OUR PATH TO BURTON 2020 SUSTAINABILITY GOALS TO US, SUCCESS MEANS MAXIMIZING OUR POSITIVE SOCIAL IMPACT AS WE MINIMIZE OUR ENVIRONMENTAL IMPACT. Our goals are structured so that we can't succeed as a business without succeeding at sustainability. RESOURCES n ATERIAL_' it I :ll r. quaII'V pr..,. IMPACT LEAD BY EXAMPLE our voice to influence TOWN QF 6 May 1, 2018 - Page 42 of 124 2020 Sustainability Goals ACTIVLY aislismktrarkiduaLikallair., THAT IMPACT OUR PEOPLE AND THE ...NWRONMENT REPA1R 4% OF GLOBAL PRODUCT WARRANTY CLAMS WE PROMISE TO OWN IT ooa. lwmMwr =nLsnoo MEET SUSTAIf AB I LITY STAN DAR DS AND DIVERTUtAr i OF WASTE I N N OVATE BURTON and carbon neutral U•S• o PEN AND LEAD TOWN QF 7 May 1, 2018 - Page 43 of 124 USO Sustainability Efforts Sustainability: Burton has a responsibility to protect the playground that sustains our sport and lifestyle. That responsibility includes the events we hold, at our own facilities and beyond. We have a goal to produce a carbon neutral and zero waste Burton US Open by 2020. Carbon: The Burton US Open is a carbon neutral event. In partnership with Vail Resorts, we measure our carbon footprint from build out through break down and then invest in renewable energy to offset our emissions impact. The offsets purchased following the 2017 Burton US Open generated solar energy while additionally supporting urban forestry in New York City. Waste Diversion: Burton partnered with the Walking Mountains Science Center and Vail Honeywagon to drive efforts toward zero waste. Sorting through all event waste by hand, we diverted more than 62.83% diversion away from the landfill toward reuse, recycling, and composting. Burton is working with its event partners and sponsors to reduce inputs and improve the quality of materials. In 2018, all food and beverage service ware was recyclable or compostable, and all event signage recycled. 8 May 1, 2018 - Page 44 of 124 Athletes POV "The Burton US Open is the best way to end the season and gets me pumped to start the next season. Between the weather and being with all my friends, I feel like I'm on Spring break." — Chloe Kim "I didn't really, to be honest, grow up watching the Olympics. It was always the Dew Tour, X Games and US Open that I was watching."- Red Gerard "The US Open is the oldest snowboarding contest and if there's one contest I don't want to miss, it's this one." — Sebastien Toutant "This place definitely feels like a second home to me." — Ayumu Hirano AterN TOWN OF VAIL 9 May 1, 2018 - Page 45 of 124 2018 Goals and Objectives • Provide greater focus and investment in key areas: • Sustainability • Guest experience (signage, wayfinding, registration) • Partner activations (Mini Park, Lionshead, consumer/VIP experience) • Lifestyle programming • VIP program TOWN OF 10 May 1, 2018 - Page 46 of 124 Highlights • Junior Jam Presented by Clif Bar • Youth support programming • Microsoft, Uber • Olympic welcome home moment • Expanded Footprint • Flawlessly programmed 19 musical acts across 4 nights at Solaris with new backstage VIP area a TOWN OF 11 May 1, 2018 - Page 47 of 124 Additional Wins • Partner village • Return of Sal Masekela as RBTV host • Burton pop up shop • Attendance 12 May 1, 2018 - Page 48 of 124 Lessons Learned • Solaris is our music venue • 4 nights • Appropriate demographic • VIP element • We need to stay focused on what is working and continue on that success TOWN OF 13 May 1, 2018 - Page 49 of 124 RRC Survey Results & General USO Findings USO Intercept & Web Survey Survey (Commissioned by Burton, Appx A & B) 2018 Burton US Open Visitor Research Intercept Et Web Survey Results 15 BURT011 ASSOCIATES, 2018 Vai I Event Visitor Summary: Burton US Ocen Man 5-10,18 -77 ." • 58% g:;• a a a Surnmery of Key Trip Characteristics anti Demographics TOWN OF 14 May 1, 2018 - Page 50 of 124 RRC Conclusion Overall, the Burton USO survey results in 2018 tracked closely with results observed in 2015 to 2017. The USO continues to show strong contributions to the Town of Vail measured in terms of respondents' decision to visit Vail, likelihood to attend the Burton US open in the future, likelihood to purchase Burton products, and net promoter score. Furthermore, this year saw a slight increase from 2017 in the share of attendees who didn't ski or snowboard that day, suggesting incremental gains in visitation. These metrics highlight that the US Open is successful in both attracting new attendees to the event and also demonstrates a high level of satisfaction with the experience among repeat attendees. Results continue to highlight that the US Open is successful in reaching an audience that differs from the typical profile of Vail visitors during late February/early March. Once again in 2018, a major share of attendees were young adults aged 18 —34, relatively less affluent than the typical February/March visitors to Vail, and likely to be snowboarders on Vail Mountain. However, it should be noted that the event profile, as measured through surveys, showed attendees to be slightly older than in 2016 and more affluent than in the prior two years of the event. This suggests that the visitor profile may be gradually becoming more similar to the typical Vail March visitor profile; if a trend, its might warrant further exploration in the future. TOWN OF VAIL 15 May 1, 2018 - Page 51 of 124 Attendance Attendance Est 200{ 10K 0!{ Attendance at the 2018 USO was strong with over 21,700 unique attendees across the 4 main days of the event. Spectators vs. Impressions Unique Comp Spectators Venue Sponsor Villages Solaris - Concerts/B roomball 2018 (3/5-3/10) 21,700 19,800 25,000 18,850 175 63,825 2017 (2/27-3/5) 22,200 13,750 26,900 21,200 293 62,143 2016 (2/29-3/6) 21,500 14,600 21,060 22,300 250 58,210 TOWN OF 16 May 1, 2018 - Page 52 of 124 1 Visitor Type Burton US Open 2018 Which best describes you during your time in Vail? An overnight visitor (spent 1 or more nights away from home) A day visitor - left home & returned home the same day A full-time downvalley resident (living in Avon, Edwards, Eagle, Gypsum, etc.) A full-time resident of Town of Vail A seasonal resident of Vail Valley 2018 1O% 8% 19% 17% TOWN OF 46% Source: RRC Associates 17 May 1, 2018 - Page 53 of 124 Visitor Profile: Demographic Burton US Open 2018 Which of the fallowing best represents the annual income of your household, before taxes? Under $30,000 $30-$49,999 $50 -374,999 $75-599,999 $100-5149,999 $150-5199,999 $200.5499,999 $500,000 or more 2018 995 1340 129 . 12350 696 19% Source: RRC Assoc) ate Age Gender Under 18 096 15-24 i746 25-34 35 -44 20% 45-54-13% 55 -C4 -in% 65 . 74 1 5% 75 or older; 34% Malo . 54% Female r 48% • Respondents had a median age of 34.0. This is similar to 2017. The data indicated that's the US Open is again attracting a notable share of millennial attendees. TOWN OF 18 May 1, 2018 - Page 54 of 124 Visitor Profile: Tra vel Party Burton US Open 2018 including yourself. how many people were in your travel party? (Enterl if alone) 1 ■ 2 3 4 5 6+ Average Median 2018 1196 766 1296 1740 1940 3.6 3.0 3446 Burton US Open 2018 including yourself. how many people /17 your travel party were between the ages of 18 and 34? (Enter 0 if none) 0 1 2 3 4 5+ Average Median 1546 2018 1746 12% 1346 2.6 2.0 3346 Source: RRC Associates • Guests attending the US Open travel in groups of 2 or more which cuts down on traffic, easing environmental impact and safety concerns TOWN OF 19 May 1, 2018 - Page 55 of 124 Visitor Profile: Activity Burton US Open 2018 Prior to this year, in which years had you previously attended the Burton 115 Open? (Check all that apply) None, this was my first year to attend Last year (2017) Two years ago (2016) Three or more years ago 2018 15% 19% Burton US Open 2015 Oa }roll own an Epic' PASS? When eros the last time you visited VailMountain In WInC2Yi Vas No Earlier this winter (2017/16) Last winter (2016/17) Tho winter before. last (201516) ■ 7% More than 3 winters ago ■ 7% This Is my Ant tl me, 496 17% za16 3296 63% 65% 24% TOWN OF 54% Sou rce: RRC Associates 20 May 1, 2018 - Page 56 of 124 Visitor Profile: Frequency Burton US Open 2018 How likely are you to attend Burton US Open again in the future? 25% -Unlikely 1% 50% -Maybe 1196 75% -Probably 100% -Definitely 2018 28% 60% Source: RRC Associates Burton US Open 2018 How likely are you to attend Burton u5 Open again in the future? 2016 2017 2018 0% -Not at all likely 1296 496 25% -Unlikely' 696 50% -Maybe ■ 1146 75% -Probably 100% -Definitely 196 196 3446 1146 3446 2846 5196 6096 Source: RRC Associates • The share of respondents reporting that they will likely return increased by 9% from 2017 and is significantly up from 2016, indicating positive growth and popularity. Even amongst attendees in town for Spring break. TOWN QF 21 May 1, 2018 - Page 57 of 124 Importance of Event to Visit Vail Importance of Event in Decision to Visit Vail Today - Overall 2056 01 28% 4; None. I would have come to Vali anyway 14% I overall Attended Event Last Year? Oyu! II 5.5 °vern19M vl.Bor 4 8dracnel reoldon! of VIII Volley 4.8 Ful I-0rea downvalley rldent 7.7 Clay YIeIIor to Vail 0.5 2% 2% 2°• 2% I l• 49� ° 4% X96 MI ! 1 7 5: Half my fi 7 8 9 10; My only reason for reason for coming 10 coming to Vail Vali 33°x6 i No 54% • 51 percent of spectators came to Vail for USO. This is the segment that represents new activity for Vail TOWN QF 1`C.r 45,, 22 May 1, 2018 - Page 58 of 124 Overnight Visitor Profile Overnight Visitor Profile Aro you staying: ■ Orrernightvlaltar In pal d lodging 564': Vacation herneiilmeshare '2L Now marry paopia are staying in your accomodations unit? Nights in tiro area this trip Where are your lodging accommodations located? MighOy Rafe Of Paid) Average: S375 Radian_ $300 Ylrrth ncisita rrnlly Other 1 1°l_ Mys i Only • 7% 2 MOM 28A 3 -is% 4 22% 5.8% 5armare 19T 32°7: 1 1134 2-18% 3-5 -9 18% 9-14 10% 15 or mare 1 2% Vail Beaver Creak 7° Avon 1O% Edwards 1' Eagle/Gypsum 1$46 Summit County IN 11% Other 1 5% 3814 5796 TOWN OF 23 May 1, 2018 - Page 59 of 124 Business Impact — Lodging • Under the Burton room block, 281 rooms/suites/condos were reserved, 516 people, 1849 nights, $969,656.87 dollars Lodging Tallies Event Week High Event Week Low March ADR Room Nights 2018 Mar 10 (Sat) Mar 5 (Mon) $605 1849 91.06% 78.72% 2017 Mar 3 (Fri) 93.4% Feb 28 (Tues) $634 1774 78.2% 2016 Mar 5 (sat) 96% Feb 26 (Mon) $571 1741 80% TOWN QF 24 May 1, 2018 - Page 60 of 124 Business Impact — Lodging "The Burton USO continues to be one of our favorite events every year. The event constantly brings an energetic and enthusiastic crowd to Vail and we are proud to be a partner of the event, as it has always been a pleasure to work with the Burton team and their sponsors. The positive energy can be felt throughout the event- just so much fun to also attend the events. The USO brings a great and consistent boost in business to our hotel and restaurant outlets, as well as to the town as a whole. We sincerely hope this event will come to Vail for many more years to come!" Patricia McNamara, Director of Sales & Marketing, Sonnenalp TOWN QF 25 May 1, 2018 - Page 61 of 124 1P NPS (Net Promoter Score)/Likelihood to Recommend Likelihood of Recommending Event to a Friend or Family Member 0% 69% Promoter 20% Passive 11% Detractor Burton US ❑pen 2018 Hoye likely are you to recommend Burton U.S. Open to a friend or family member? 0=Nat at all likely 10% 2018 1 0% 21096 3 1 1% 4 096 5=Neutral 796 6 2% 7 796 8 1396 9 896 10=Extremely likely 61% Net Promoter Score Source: RRC Associates TOWN OF 26 May 1, 2018 - Page 62 of 124 NPS — Positive Impact & Experiences "It's the best damn event of any kind in Vail all year long. No other event comes close to the influx of hotel and restaurant reservations, retail uptick, bar spends, etc." James Deighan Business and property owner in Vail since 1989 "My son is such a huge snowboarder and we have been able to come to the last 2 US Opens. This event was more special as he watched every snowboarding competition during the Olympics and then we came to Vail. He absolutely loves to watch the half pipe and being able to get right there from the mountain is amazing." Jeannie Smith, New Jersey "Best event in the winter in Vail." Mark Collins, Denver [works on the mountain at Mid Vail] "This is the first time my family is here during the Burton event and we have fallen in love with it and I don't even snowboard! Walking up to the half pipe and watching those athletes is incredible. I have seen it on tv but it isn't the same as standing there and watching it live." Tim Persons, Chicago TOWN QF 27 May 1, 2018 - Page 63 of 124 Remarkable ROI Return or) Ii}ve lment: Funding vs. Impact 2010 funding $490,000,00 Direct economic impact to TOV 52,742,204.43 Economic Impact payback ratio $7,64 TOWVLMD solos tax Impact $123,642 TDVIVLMD solos tax Impact ratio $4,25 • The daily economic impact per attendee was $172 • The direct economic impact to Vail by attendees was $3,742,284.43 • ROI to Vail (based on attendees): $7.64 Direct Economic Impact to TOY per Attendee -Day w d saao San SZD0 sD $71 Ali Total economic Restaurants/bars/ Shopping Impact per attendee food concessions day $26 $18 Recreation Other items TOWN QF 1/411 28 May 1, 2018 - Page 64 of 124 ROI: Parking Revenue Burton Parking Stats - 2016 - 2018 Year 1016 2017 2018 Monday 4,081 4,038 3,825 Tuesday 4,106 4,065 4,220 Wednesday 4,359 4,911 4,641 Thursday 4,087 5,165 5,406 Friday 6,042 6,235 5,726 Saturday 6,556 6,026 6,010 Total 30,241 32,049 30,521 Total number of cars in the Lionshead parking structure, Vail Village parking structure, and Frontage Rd. overflow TOWN OF 29 May 1, 2018 - Page 65 of 124 Community Contribution — Concerts USO Concert Stage Solaris: 19 free music acts across 4 nights, achieving massive success + 6 nights of music at Shakdown After Party: The Dobson Ice Arena provided the premium atmosphere for the closing celebration for 3,400+ guests TOWN OF 30 May 1, 2018 - Page 66 of 124 Community Contribution — School Outreach School Outreach Programs: Partnering with the Children's Garden of Learning and Red Sandstone Elementary, local youth were offered the experience of VIP viewing & Riglet • Red Sandstone Elementary: • 160 first to fifth grade students experienced the action from the front row in VIP Viewing for Slopestyle and Halfpipe semifinals. Students were cheering, high-fiving top riders, getting autographs and taking selfies • Children's Garden of Learning: • 30 preschoolers (age 3-5) took part in Burton's Riglet Learn -to -Ride program at Golden Peak 31 May 1, 2018 - Page 67 of 124 Community Contribution - CHILL • The CHILL Fundraiser was hosted at the newly renovated Ski and Snowboard museum • CHILL had an extremely successful week raising money for the program through activities in Vail • Partnership concession sales contributed $21,309.95 to CHILL • Retail donations at Burton Pop Up Shop raised $2,406 • CHILL fundraising party raised $7,394 TOWN QF 32 May 1, 2018 - Page 68 of 124 Webcast BURTON [VENTS 11•S.OPEN RIDER LIST INFO 2018 RESULTS ENTERTAINMENT EVENT SCHEDULE VSO LATEST U Men's Halfpipe Fin Burton US Open 2018 MORE ON REDBULL.TV ARE,, II Men's Slapestyle Final Wamen's Halfpipe Final REPLAY Men's Halfpipe Final REPLAY TOWN QF 33 May 1, 2018 - Page 69 of 124 Webcast Red Bull Media House covered 5 days of Slopestyle and Halfpipe Competition, including the introduction of an alternate Facebook Live stream including behind the scenes content. Additionally, there was a stand-alone live stream of the Junior Jam and the Semi Finals were made available on Red Bull Youtube Channels, as well as the three competition Finals. Simulcasts on Facebook Live and Youtube exceeded 3.1 Million views Key Outcomes: • Total live and VOD views across the Red Bull Media Network (Red Bull TV, Facebook, Youtube, Twitter) totaled 3.1 Million Views, which is an increase of 1.1 Million from last year despite not syndicating the Finals on Facebook or Youtube, or broadcasting the Women's Slopestyle Final. • For Red Bull TV live, the average minutes watched increased from 39 mins to 44 mins, coupled an increase in average minutes watched on TV Devices (compared to Web and Mobile). • Athlete success drove country viewership and our top viewed nations were once again USA, Japan and Canada. • This year specialty content was clipped for Video -on -demand, including winning runs, features and the Post Shows, totaling to an additional 198,000 views and 650,000 minutes watched. The average view time for the Post Shows exceeded 12 mins, which is indicative of high viewer engagement with a majority of viewers consuming the post show start to finish. • The Men's Halfpipe Competition was once again the most viewed show, with concurrent viewing metrics showing a steady increase in engagement right up until the final runs. TOWN QF 34 May 1, 2018 - Page 70 of 124 Domestic TV Domestic TV Total Programs Total Viewers 2018 (FS2, FSN, TV8) 4 Original + reairs 887,000 2017 (FS2, FSN) 4 original + reairs 539,000 2016 (FS2, FS1, FSN) 4 original + reairs 303,000 2015 (FS2,FS1, FSN) 7 original + reairs 2,027,000 • The USO programming featured Vail/Town of Vail in all of the programs. TOV received 4 commercials and 2 billboards that ran in USO programming (and the re -airs) *Broadcast coverage will continue to grow with additional re -airs TOWN QF 35 May 1, 2018 - Page 71 of124 Global TV • IMG continued to leverage its position as the world's largest distributor and producer of sports media, producing and distributing the USO live international world feed, Slopestyle and Halfpipe Final Highlight shows, and live VNR news clippings from all finals shows • Burton continued to distribute the US Open around the world via IMG Media: Live and Highlight Shows: Potential Household Reach — 130 Million Broadcasters — 29 Territories — 83+ • Key Wins: • There has been a significant increase in the number of live/highlights broadcasters from 20 (2017) to 29 (2018), including notable European broadcasters such as Pro7, SFR Sport, Sky Sports, Viasat and Asian broadcasters such as Tencent, Dazn, Fox Sports, Starhub and Edgesport • The Number of Broadcast territories reached increased significantly across all regions, which is a good measure of the growing global reach • Home Reach — Potential home reach continued to increase in the Americas, Europe and Japan; there was an approximate increase of 45 million homes due to the addition of new broadcasters within these regions • A number of airlines took the highlights in 2017, and IMG aim for an even more substantial in-flight distribution in 2018 • The Winter Olympics certainly helped build interest for the US Open. Snowboarding conti: •, ow mainstream interest in general and the impressive roster of riders and Olympic Medalists - .• Open helped foster interest from the international market 1 j l 1 36 May 1, 2018 - Page 72 of 124 Marketing and Promotion Burton made marketing efforts to reach out to a local, regional, national and international audience via owner, earned and paid channels ra 7°31RM1 000000 MARCH 7-10- VAIL. CO LA SOLARIS STAGE 006506 ARENA* mn ,.( 9131IEi0RRTiR BORNS • DAM IAN "JR. GONG- MARLEY PIGEONS PLAYING PING PONGMONOPHONICS • OJ HEOSPIN DEAN WEEN FRIENDS • MADAILA DANGERMUFFIN DEEJAY THEORY NEW CRLEAIiS SUSPECTS-ITATION SOHHD • DJS TOSHEBA NICHEL H DJ CRE1 BROTHERS KEEPER OEAH WEER • THE MEDALLIONS • TOWN CAVALRY (L z) •1311•T Cr CNA,. "Ija, BURTON U•S-OPEN THE WONLO'S GYCATEST SNOWNONED EVENT 1 MARCH ` 2018 vim vn3L.coloAADO .. 5 ro UTC,Nr, wn i •arra. ® y.. ® M ..a ■C �0 .�.17.!••• 111 TOWN QF 37 May 1, 2018 - Page 73 of 124 Print Advertising Print Advertising 2018 Total Impressions Snowboarder 1,400,000 Transworld 1,000,000 Vail Daily 350,000 Vail Weekly 80,000 Westword 370,000 Colorado Daily 65,440 TOTAL 3,350,400 The campaign included a comprehensive distribution plan of print assets throughout the Eagle valley and Front Range territories, more traditional, high visibility insertions in several endemic publications, as well with paid and editorial content in music and lifestyle publications to target the youth demographic. TOWN OF 38 May 1, 2018 - Page 74 of 124 Digital Advertising Digital promotion was deployed over owned and paid channels; including Burton.com, email, social, display and video. The most significant change in 2018 included bringing Paid Digital in-house, allowing the Burton team to have a more targeted approach to display marketing and amplify the reach of live content on-site, resulting in a 178% increase in paid social impressions compared to 2017. Paid Digital 3,615,204 total Paid Display: Total 1,566,442 impressions Paid Social: Total 1.7m impressions Facebook 774,235 impressions Instagram 858,871 Impressions Twitter 68,056 impressions Paid Youtube Total 450,568 impressions Destination Driver 353,310 impressions Live Tune In Messaging 97,258 impressions Paid Snapchat Total 347,600 impressions Concerts and Parties 63,000 impressions Competition and Sponsor Village 284,600 impressions TOWN QF 39 May 1, 2018 - Page 75 of 124 Digital Advertising Partner Social The Enthusiasts Network Red Bull Vail Resorts The World Snowboard Tour Web & App Traffic Burton.com (USO Pages) BurtonUSOpen.com Burton USOpen App 18,072,991 impressions 2,801,480 14,240,000 660,601 386,438 3,337,438 impressions 2,982,874 impressions 345,463 impressions 9,101 users TOWN OF 40 May 1, 2018 - Page 76 of 124 Social Media • lnstagram continued to grow as the primary Social Media platform, increasing 32% year -over -year, with Instagram Stories playing an important role in this growth. Stories contributed to 21% of total impressions, and while individual stories averaged less views compared to a normal lnstagram post, engagement was extremely high with 95% of users watching through to completion • There was a 24% increase in engagement across all social channels, which could be attributed to strategically curating content to better exploit each channels' user behavior. Twitter was a good example of this, despite being limited to competition and event status updates, it garnered almost twice the number of likes, comments and retweets compared to 2017 • Similar to the Digital Broadcast, there was a focus on sharing shorter, more easily digestible content alongside long -form content. The Youtube reach increased in 2018 with an addition 16 highlight and individual rider run videos being produce•: ting in an additional 200,000 views 41 May 1, 2018 - Page 77 of 124 Social Media The 2018 social strategy was developed to provide a real-time experience, playing to the strengths of each social channel via curated content during both the buildup and execution of the event. • Instagram was the vehicle for higher quality content • Instagram Stories was used for exclusively "behind -the -scenes" • Twitter was used for real-time competition results and in -venue updates • Facebook was primarily used to host video and photo libraries, as well as drive traffic to the live stream or Red Bull Facebook Live show • YouTube is where we shared all US Open video content, including full broadcast replays and individual broadcast features Burton Social Coverage: • 15,549,777 Total reach • 424,802 Likes • 2,626 Comments • 8,058 Shares TOWN QF 42 May 1, 2018 - Page 78 of 124 Social Media Burton Facebook: • 51 Posts • 2,563,564 Impressions • 660 Likes • 8,516 Comments • 477 Shares Burton Twitter: • 201 Tweets • 3,766,654 Impressions • 20,565 likes • 127 comments • 6,261 Retweets Burton Instagram • 41 Posts • 48 Stories • 18,450,916 Impressions • 392,975 Likes • 1,727 Comments • 3,900,036 Story Views Burton YouTube: • 48 Videos • 578,867 Impressions • 693,280 Minutes watched • 2,746 likes • 112 Comments • 1,320 Shares TOWN OF 43 May 1, 2018 - Page 79 of 124 Top Social Media Clips: Facebook Stan Srraw�eirai Writ iWpiitylo ■1.911 -trod hiQhiljh;a barn trySteri•BanarJEN.rn. Mick McMorrh le Cud In tem Ice I WI nitha Balm 7e110n in. Cn MI. Nal, wlq Aer.ral4 glimpilootl N T2Itl and Ctrs COMM In 311. Hats e11 rb lnato 1MIa and Iha rial of It1i ioi.4121siim red ter lialein0i Fpel In Fr;Qay1 I,yl4, Hand fp rqr ha. 1.11 c¢nyatlrip, 441`34 031.1. IhR maidens kap. arA roam r, de SLOEE$TYLE SEMI-FINALS j rp's HICasr.,r6H I s..../1" IMPRESSIONS 140,847 VIDEO VIEWS 23,614 LIKES 862 a.xla, l. H Cotard 1e. a 1.410101,1. mom Cry is nosco 4 YF1' eiry Ow** too ▪ mnyS0orr.. ortl to Ya•• rriiMl aa.F.BrR Moth SNOW a4 rho tiaM1 W e-am.aat at 11.4 Ilhalon 04,17 rant In Ina LFS O.un &ansa wind. at Fp, meanwar. et rang toganw.,u at.aw, +alarms Diet roiled almard1tofadyp+lw aarlemYrgloo atWarta Pa, trn ltarlori al Or, M pIry M ar.dal npn1. /4+t9n [pnprA Fra•ue cion ntad t y Prtllloo Contxt am filth dart O Yea11em yie WOW* YKaI O. to* mOYnton. Fol rm.! alhad..w Sin E .4te,W 74i.h1 cam, it on IN e,ftw, Lr S 6041 apo. IMPRESSIONS 25,398 LIKES 156 toi ma4ywdiM rra lrnr 141Mtr g br.rt 2,4n rS1FlRUSC6w+ C4* mai' - Fes f N mkt _•r it Want Can ala)ti11 lar Faa¢ratn as eRk .0.0 'me -.vey+* twat and ea. ear ar .4,4, 4Ftes IMPRESSIONS 1,884 LIKES 7 IYYIY Ul Y11IL� 44 May 1, 2018 - Page 80 of 124 Top Social Media Clips: Instagram T,Nn'i LOOM* i81f-ir511 NQMScih;i front 164160 +9urt6n4J5O6615. 4wt 1,14161.r,I 1Ce1611g In 1ha ICP, u1 wan mac SOW nun, Dn , I}pali wi1 Mart. Kloveland Yr 260 ind Mit Cllrhrlfx j In 13. MLIs d11 Ib lhise Wet and IPa r4ik 1 inn aval1yinn [laid lar loaning i Kok In Fr.ay'F fihJj. Havel W IRrionLISCrpv..camf r the iull corr13611:11km Frhodule, Irve ainaCCaie INa. arcl mot. prr SLO FS E SEMI-FINALS Ilt!cS HIGHLIGHT „,....„.-!‘" I IMPRESSIONS 140,847 VIDEO VIEWS 23,614 LIKES 862 IMV Cogrativ. a 11+6101. 11.14 payli insePO ya.n wale pAy Its. 614A6 41509iN NOW li V6'061441 dn0+4►,r, va+an Sten in• W Ma fun WIMOM antCm Ulan On "WI hIPFUSOar, ` ltorYllpeal MIN l to I/WNW M Atlee Wpm[I. u aril[,. *WAY* Sli a unund aMwmsi ti fine Nan aril orri ire at MOB b inn OW") it kw #t M11 trf MST &I'1 I wenn COlaal iarll,# ar,e-lrO pfaainlM by PFlalllCO IW. Glow takinaili4lrcannam Ydm nal eilV0 1.1. arra le i MF yin an Inn ~Km. fyi i a{Aebf! IMPRESSIONS 25,398 LIKES 156 gift Mamma colenay iiWet iT41 laro.~JSCafiaveT.d►- !tie f u nate carve =hot can't li WI Wax Ban +-dao, n iCth w1.} waS rncthM up ,1041 h On Y'.F an nook. anni.Oplrtl ' 4 IMPRESSIONS 1,884 LIKES 7 F La ■r 1■ Lal 11.1-1.11_...., 45 May 1, 2018 - Page 81 of 124 Top Social Media Clips: Twitter U.S-47pF1+ SLOP1.4TYLE SEMI-FINALS MENS TOP 3 NUNS tir. tri••TN I 111111 • sieL IMPRESSIONS 567,864 LIKES 17,625 wa....-may IMPRESSIONS 102,452 LIKES 8,029 am how N.m.saa•lea- em--- 1•••••••••••••••• - I. 4.14••T m••••r.+..r.R MIA dim r oG IMPRESSIONS 19,800 LIKES 883 TOWN QF 46 May 1, 2018 - Page 82 of 124 Top Social Media Clips: Youtube 2G48 &ram U s a¢., Meth iiiiiplise 1 - Rearm h4's.di liinnmQ flus VIEWS 56,797 LIKES 446 TOWN OF 47 May 1, 2018 - Page 83 of 124 PR/Communications "Having grown up snowboarding in the mountains of Quebec - not far from Burton's home base in Vermont - visiting Vail for the first time, during the 36th U.S. Open was a dream come true. Though I have the utmost respect for the often icy and unforgiving conditions of the north east, the scale of the Colorado Rockies is on another level. This elevation (literally and figuratively) exemplifies Burton, the U.S. Open and it's participant's evolution to truly world class. And even though many of the young riders had recently become decorated Olympians, the vibe was still very much that of an intimate family affair. Decades of Burton legends, their friends and fam all pow-wow'd around the bottom of the pipe, sitting down on the snow, as the next generation continued to push the limits of this crazy thing we call snowboarding." Pete Williams, HighSnobiety Eddie Pells, sports editor at The Associated Press, referred to The U.S. Open as "The most prestigious halfpipe titles this side of the Olympics." "It's different from any other snowboard event you've been to, but putting your finger on the one thing that makes it special is difficult. And it is... special. There's an energy that exists at the U.S. Open that's like no other." — KingSnowMag.com / Story by: Staff "In its 36th year, the longest -running event in snowboarding has earned the reputation as the most coveted title in the sport." — Story by: Paul McGaughey / CBC Sports (Canada) TOWN OF VAIL 48 May 1, 2018 - Page 84 of 124 PR/Communications - Highlights The 2018 Burton U.S. Open generated impressive interest across multiple media platforms around the world — especially thanks to the tremendous excitement around snowboarding and Burton following the Winter Olympics. • During the lead up to the 2018 Winter Olympics, multiple mainstream media outlets utilized footage of the Burton U.S. Open in their editorial coverage of snowboarding, including NBC Olympics (Prime Time), The New York Times, The Today Show, Outside TV and more. In addition, before the Olympics and during gold medal press blitzes, Olympians and Burton riders mentioned the U.S. Open on Jimmy Kimmel Live, CBS 'This Morning', USA Today, TIME, Cosmopolitan and more. As a result of this increased editorial exposure, the estimated ad value for editorial coverage of the U.S. Open more than quadrupled year over year: from $17 million in 2017 to over $82 million in 2018. • In total, 100 media contacts representing 60+ press outlets came out to cover the legendary event. Top outlets included Associated Press, Denver Post, Transworld Snowboarding, Snowboarder Magazine, Forbes, NBC Denver, ABC Denver, Getty Images, The Roosevelts (RSVLTS), HighSnobiety, The Olympic Channel, ESPN.com, Sportiva (JPN), Tokyo Broadcasting, Nippon Television, Number (JPN) and more. • Specifically, during the event week, 300+ stories ran across US endemic, national and regional outlets. Top national coverage included 9News.com, Popsugar.com, MSN.com, NBC Sports, The Olympic Channel, ABCNews.com, NBCOlympics.com, CBC Sports, Associated Press, RedBull.com, Outside Online, Bleacher Report, HighSnobiety Instagram, and more. Top snowboard endemic coverage included Transworld Snowboarding, Transworld Business, Shop Eat Surf, Unofficial Networks, The Inertia, Snowboard Mag, and Snowboarder. TOWN QF 49 May 1, 2018 - Page 85 of 124 PR/Communications - Highlights • As a result of PR hosting HighSnobiety at the U.S. Open, the outlet, which boasts 2.1m Instagram followers, posted two separate times with multiple photos, garnering 35,000+ likes combined, as well as posting about the G -Shock x Burton collaboration watch on HighSnobiety Design. • In terms of local and regional outlets, Burton PR worked with Colorado and local Vail press to promote the event, and secured 200+ stories with FOX Denver, ABC Denver, 9News.com, TV -8 Vail, Vail Daily, Summit Daily News, Vail.net, Aspen Times, and The Denver Post. • Burton PR coordinated 10+ interviews for Vail Daily and TV8 Vail that resulted in multiple entertainment preview stories, daily event features and LIVE coverage during the U.S. Open. • In Vail, Burton PR conducted four press conferences with 50+ press in attendance at each briefing. Burton PR also hosted press during the welcome party at Bol, Chill's event at The Colorado Ski & Snowboard Museum, and the VIP Burton Girls Ride Day and Apres events. • Burton PR coordinated and staffed 30+ interviews with Burton executives, Shaun White, Mark McMorris, Kelly Clark, Chloe Kim, Red Gerard, Ben Ferguson, Spencer O'Brien, Elena Hight, Chris Corning, Arielle Gold, Kyle Mack, and Sebastien Toutant, leading up to and during the U.S. Open. Top resulting coverage includes Associated Press, Denver Post, NBC Olympics, CBC, and USA Today. • Between January 2018 and April 2018, Burton PR distributed 10 press releases to 300+ media outlets globally. • The above PR efforts resulted in 1,121 U.S. Open stories. °D TOWN of va 50 May 1, 2018 - Page 86 of 124 PR/Communications — Impressions Overview IMPRESSIONS OVERVIEW 4,658,465,991.50 Total U.S. Open Impressions Print: 11,994,424.50 Impressions Broadcast: 25,740,706 Impressions Online: 4,620,730,861 Impressions VALUE OF MEDIA PUBLICATIONS OVERVIEW IN US DOLLARS Total Ad Rate $82,164,925.49 Print Ad Rate: $12,683.14 Broadcast Ad Rate: $3,738,803.17 Online Ad Rate: $78,413,439.18 TOWN OF 51 May 1, 2018 - Page 87 of 124 PR/Communications - Clips Burton big boon for Vail Burton US Open Snowboarding Champ,onsh,ps nas become sign,ficant event for town A3 Burton US Open a boon for Vail business A, en, i!! hu,. sums llworrn - •.rrr,r ^ .r.� ▪ r4..w am. ▪ P.Aaarnna MraM 49 ma iw Y...+Yr.m. rte a.R..a.a�w+w 1.•••••/1••• �..�.r Mbm• mama r Maw. p.M 5a -4F FI.H.M. y' ALM ma M. Ma miam•m4 dm _ma. 4 ..mM __,. amham.. tw w..Ywr..r.a aw.K r w�M....r .r lf.w..•...1 rw..r..�r.at .:w. . � -- - ..or ...a..�..r.... :n W.Y..,`_W.� .......may... w. ..tea.. Junior Jam kicks A' 4 onipciition 131rIm u!:[km tAarrolelMAp1 gals r5 7.euF, .... . E r,th aMYlm 14 and revy-r .i73 Burton US Open begins with Junior Jam ▪ Y wxy /0 molma.mmwara :te.. MEM ,.. . W.RYYa. -f1.1 4r.r m.IYY+iYhai.Y,ii Y alma•�aW ▪ .r.4.r...r •/ae•we•••••,eVWew......m1Y. ...a• aJMin `�,a�..n naw r JM ..� Man �.- v r��'i..r rrr��a r ah. •.riiunrra.aa.arr add WrIam.d•NYLil. a I UAL lull N.M. TOWN OF 52 May 1, 2018 - Page 88 of 124 PR/Communications - Clips Vail Daily 511I11AY.1,L, Ir. Halfpipe stars close out Open Annual Burton US Open Snowboarciing Championships put an end to an exciting season. A20 1110 aaa\I�wawr Iemerayeriho AFI him n =USgil.11rtiar rrus+�r+n �r�MEd xwat w•IFA.w.Yrl.r.r�.w Zi•*LIMN After Olympic win, Chloe Kim puts fame, fun in By EWE FELLS Inv. 10.2018 UCC] (se hitm:9w+e'7 RELATED TOPES C Hoe Kim Glehrily Horth Amerka Sports. Smhtearding Olympic Games Mere from TOWN OF 53 May 1, 2018 - Page 89 of 124 PR/Communications - Clips Mark McMorris leads star-studded slopestyle semifinal at Burton U.S. Open Defending champ topped Norway's Marcus Kleveland with 2nd -run score of 83.85 CBC Sports • March 7 NBC9prrt ' NFL NHL NBA MLB SOCCER NASCAR GOLF NCAA BK 0 WATCH NOW VIEW FULL SCHEDULE 'COMING EVENTS lympic Channel ed Worlds: Russia r. Japan :Ming re 8.30am EDT lympic Channel mad Worlds: Czech epublic vs. Canada Aug re 11.45ar, EDT I nnpic Channel mad Worlds: China vs. pain Ming re 3pm EDT lympic Channel xed Worlds: Russia T Finland :Ming ped 11:45am EDT OLYMPIC TALK Select Spon + TRENDING LONDON MARATHON GYMNASTICS Subscribe: f y iM TRACK AND FIELD A A 111 * * * .* t u is Kelly Clark to end season at Burton U.S. Open, then evaluate TOWN OF 54 May 1, 2018 - Page 90 of 124 PR/Communications - Clips KING SNOW 2018 US OPEN OF SNOWBOARDING PREVIOUS POST NEXT POST It's different from any other snowboard event you've been to, but putting your finger on the one thing difficult. And it is... special. There's an energy that exists at the US Open (hat's like no other. Compa Xis a TV show, produced for your living room, which is literally the best seat in the house. Don't boll the curtain back will only disappoint. While the US Open was made to experience live• Like how you Rolling Stones. You gotta be there. To see the banners wave a bold -but -true statement: US Open TI Snowboarding Event. The USO is turning 36. That's efted up. Well on it's way to 40. Mind (pause) bl responsible age fool you. USO can still party like a Millennial at midnight. !SNOWBOARDING OLYMPICS ARCADIA VIDEOS PHOTOS GEAR SHS The Worlds Top Snowboarders to Compete at the 36th Annual Burton U.S. Open Snowboarding Championships in Vail . a. TransWorld SNOWhoarding la f 1 tr 1 e 1 11©0® BURLINGTON, VT [March 1, 2018) - The 36th annual Burton U.S. Open S nowboardIng Championships is thrilled to announce that over 50 Olympians are conrirmeo to compete next week at the world's greatest snowboard event at Colorado's Vali Mountain Resort March 5th -10th. Fifteen PyeongChang Olympic medalists will be among those battling it out for the coveted Burton U.S. Open h alfplpe and slopestyle titles, including Halfpipe Gold Medalist Chloe Kim (USA), 510pestyle Gold Medalists Jamie Anderson (USA) and Red Gerard (USA), Big Air Gold Medalists Anna Gasser (AUT) and Sebastien Toutant (CAN), Slopestyle Bronze Medalist Mark McMorris (CAN), Halfpipe Silver and Bronze Medalists Ayumu Hirano (JPN) and Scotty James (AUS), and many more of the world's hest snowboarders. 55 May 1, 2018 - Page 91 of 124 Event Budget • Total event budget: $4,962,445 • Town Council Funds: $490,000 2018 US Open Budget Marketing Marketing Campaign / Media Buy Global broadcast production / distribution Staffing Course / Venue build Event infrastructure In -town activations Security / Police / Medical Branding Food & Beverage Lodging Travel Shipping / Storage Prize Money EirA 4,962,445 1 $ 66,700 $ 890,500 $ 760,000 $ 433,000 $ 583,800 j_ $ 432,000 $ 138,082 $ 251,200 $ 174,375 $ 804,751 $ 48,537 $ 36,500 $ 343,000 TOWN OF 56 May 1, 2018 - Page 92 of 124 TOWN OF VAIL 57 May 1, 2018 - Page 93 of 124 Appendix A: Burton Dash Analysis 2018 Vail Event Visitor Summary: Burton US Open Mar. 5 - 10, 2018 attendance Est Return on Investment: Funding vs. Impact Visitor Type •mu IMAMS Economic Impact payback ratio TOVAILMO soleS MX IMpaCt ratiO Importance of Event in Decision to Visit Vail Today - Overall 14% 4 I 03% 10% 10% • Overall Attended Event Last Year? 3353 Seasonal residem 01.110•01 Makim•clownmil• meld. Likelihood of Recommending Event to a Friend or Family Member 69, Promoter 20% 0100%tova 11% Passive Detractor Dee. Economic Impact to TOY per Attendee -Day $2... • • Total economic Restaurants/bars/ Shopping Loeging Impact per attendee food concessions day Summary of Key Trip Characteristics and Demographics Overnight Visitor Profile • Osernere visitor Overall Visitor Profile mmass =S.= MOSSIOM wiMme000/%0001, 216 Mow 'name people 7,1,71,1:1" 0,01000000 • 7'. 2 20% 0.M,000 0000 1MM% 2 10% :•: 18% 30% 52% ego NPS 58% Net Promoter Score All Other items $10031So lax MOS ormore Umttrtt M • M 17' 55-.• 75 5351.31. sae .5.. • 55.5.1353 355. T3355112% Sle TOWN OF 58 May 1, 2018 - Page 94 of 124 Appendix B: Burton Intercept Survey 2018 Burton US Open Visitor Research Intercept ft Web Survey Results l5 BURTon ASSOCIATES_ TOWN QF 59 May 1, 2018 - Page 95 of 124 Appendix C: Contract Deliverables The right to receive Thirty one (31) U50 gift bags; 5- ) pairs of USO VIP credentials (62 lunwaoo leool/saoa s ight to a TOV to be included in the NEW USO xpansion of the Riglet program to C o 0 The right to Town of Vail name on the U50 media releases; 6 y 5 0 O TOWN OFVAIL 60 May 1, 2018 - Page 96 of 124 TOWN OF 1 X41 VAIL TOWN COUNCILAGENDA MEMO ITEM/TOPIC: Presentation Regarding Wildfire and Emergency Evacuation Preparations PRESENTER(S): Dwight Henninger, Police Chief, Mark Novak, Fire Chief ACTION REQUESTED OF COUNCIL: Information only BACKGROUND: The presentation will address an outlook about the upcoming fire season, wildland fire preparedness, evacuation preparedness and planning along with some recommendations. ATTACHMENTS: Description 6.2 Staff memo regarding wildfire and evacuation preparation 6.2 2018 Wildfire Outlook 6.2 TOV evacuation plan May 1, 2018 - Page 97 of 124 TOWN OF VAILL Memorandum To: Town Council From: Dwight Henninger, Chief of Police; Mark Novak, Fire Chief Date: May 1, 2018 Subject: Current Evacuation and Wildfire Preparedness I. Fire Season Outlook Eagle County is currently considered to be "abnormally dry". The majority of the rest of Colorado ranges from moderate drought to exceptional drought (see slides 2-3). The three month outlook is favoring above average temperatures and below normal precipitation. As a result, the long range prediction is for above average large fire potential from June into July (see slides 4-6). Although the prediction is for below normal precipitation, an early and strong monsoon could moderate the fire potential. II. Wildland Fire Preparedness Vail Fire and Emergency Services (VFES) has developed a proactive wildfire mitigation program. In 2015, VFES adopted the Fire Adapted Communities (FAC) model of wildfire mitigation which is recommended by the National Cohesive Wildland Fire Management Strategy. The Fire Adapted Communities model has been tailored to the Town of Vail and branded "Fire Adapted Vail". The FAC model is based upon the concept that fire is a naturally occurring element of our community. Decreasing our vulnerability and increasing resilience is based upon taking a multi -pronged approach to reducing the risk of catastrophic wildfire. Primary components of this approach are: fuels reduction around the community, fuels modification adjacent to buildings (defensible space), ignition resistant building materials, evacuation planning, personal preparedness, public education and rapid response to fires. A. Fuels reduction 1. Buffehr Creek Fuels Reduction Project (15 acres), completed 2016, pile burning completed winter 2017/2018 2. Intermountain Fuels Reduction Project a. 37 acres hand thin completed 2016/2017, pile burning completed winter 2017/2018 b. 43 acres helicopter logging completed fall 2017 c. Second entry to pile logging slash scheduled for 2018 3. Deer Underpass Fuels Reduction Project (7 acres), completed summer 2017 4. North Trail -Trapper's Run second entry hand thin, scheduled for 2018 May 1, 2018 - Page 98 of 124 B. Fire Adapted Vail 1. Modified wood shake roof replacement ordinance, summer 2016. 2. Modified design review standards to reflect the importance of ignition resistant landscaping and building construction, summer 2016. 3. Developed Town of Vail Fire Resistant Landscape Guide, summer 2016. 4. Fire department review of landscape plans for consistency with Town of Vail fire resistant landscape guidelines, fall 2016. 5. Conducted defensible space evaluation of all Town of Vail properties, 2016. 6. Initiated door to door defensible space evaluations, spring 2017. This program is on a 5 -year cycle to evaluate all properties in the Town of Vail. 7. Currently developing Community Wildfire Protection Plan, estimated completion fall 2018. C. Evacuation 1. Developed standardized evacuation flagging protocol, summer 2016. 2. Developed wildfire pre -incident plans and evacuation zones, summer 2017 (see slides 8-9). 3. Conducted multiple wildfire evacuation drills and table top exercises (see VPD discussion below). D. Fire Response 1. Seasonal wildland fire crew from May — October 2. In 2018 the State of Colorado will have an increase in fire suppression resources available through the Wildland Fire Firefighting Fund. 3. Currently developing regional mutual aid plan for the mountain area. III. Fire Restrictions Fire restrictions are a tool used to prevent human caused wildland fires. Weekly conference calls occur during the height of the fire year to determine if fire restrictions are warranted. On these calls local fire agencies, county sheriffs and land management agencies (BLM, USFS) are represented. Fire restrictions are implemented based upon objective criteria that include fire behavior indices, live fuel moisture, current fire activity and the level of recreation activity on public lands. Fire restrictions are as follows: • Stage I- prohibits campfires outside of developed campgrounds. In the Town of Vail, the use of portable outdoor fireplaces in a manner that complies with Town code is permissible during a stage I restriction. • Stage 11- all campfires are prohibited. On public lands the use of spark producing devices is significantly restricted. The use of portable outdoor fireplaces is prohibited in the Town of Vail (also prohibited on red flag days). • Stage 111 — Forest closure. Fire restrictions are intended to reflect long term trends in fire risk, for this reason, an effort is made to not go in and out of fire restrictions for short periods of time. Red flag days are determined through a separate process. Red flag warnings are based upon specific indices related to wildfire fuels and weather conditions. Typically this is Town of Vail Page 2 May 1, 2018 - Page 99 of 124 either dry lightning or high winds with low humidity. Red flag warnings are issued for a specific period of time. Red flag warnings are intended to caution the public to avoid activities that could start a fire. In some communities, red flag warnings are considered a form of a pre -evacuation notice. During a red flag warning, fire agencies often increase staffing or pre -position additional fire suppression resources from out of the area. IV. Evacuation Preparedness and Planning Attached to this memo you will find a copy of the Town of Vail Emergency Evacuation Plan, Appendix G, of the Town Emergency Operations Plan. The plan can also be found on the Town website at www.vailgov.com/evac On August 9, 2016 the Town conducted the Cougar Ridge Evacuation Exercise of our Evacuation Plan with many lessons learned and a formal after action report. All of the areas for improvement have been followed up on to help better prepare the Town and our first responders to an incident requiring evacuations. On August 5, 2015 a full scale wildland fire exercise was held in the Potato Patch neighborhood. This plan exercised command functions as well as evacuation procedures. A formal after action report was developed and the recommendations were implemented prior to the 2016 Cougar Ridge Exercise. On April 3, 2018 a table top exercise was held to discuss the town's response to the first hour of a wildland fire near the interstate with a majority of the Fire, Police and Communications Center leadership in attendance, which helped to break down any silos in this type of response. On May 2, 2018 we will be conducting a town wide test of our new capability to reach out to all cell phones in the area of a cell tower; this (PAWS testing is being done in collaboration with the US Department of Homeland Security, the Vail Public Safety Communications Center and the Town's Community Information Office. On May 2, 2018 we will also be conducting a demonstration of the LRAD system (Long Range Acoustical Device). This is a mass notification system that can project sound long distances and into buildings while still being intelligible. This product has potential applications in assisting with community notification during an evacuation. This provides a back-up to wireless/web based notification systems. On June 24, 2009 the Town conducted a wildland fire exercise that included use of the Town's Evacuation Plan. Police officers and firefighters went door-to-door handing out cards to survey citizens on the actions they would take in regards to a real evacuation. The Eagle County Alert (EC Alert) text and email messaging system was used during this training day. On April 13, 2007, the Evacuation Plan was used during a wildland fire table top incident, as part of one of the Town's quarterly exercises. In addition to using the Town of Vail Page 3 May 1, 2018 - Page 100 of 124 Emergency Preparedness Network (EPN), a form of reverse 911, four officers went door to door in the Forest and Beaver Dam Roads area, as they would if evacuations became necessary. In one hour, the four officers went to 110 homes, of which 30 were occupied. The responses from these contacts between the residents and officers were very positive. All of the Public Safety Dispatchers are trained to launch the EPN and EC Alert systems (test based messaging such as the road/traffic information) and use the EPN approximately 3-4 times a year in the County to notify geographic areas of the community about an emergency or in -progress incident. The dispatchers have also had updated training on their responsibilities during a wildland fire and the fire equipment that will be responding to such an incident. Police and Code Enforcement Officers will be receiving training from the Vail Fire Department in early May on fire responses. Town Emergency Operations Center (EOC) staff will be receiving additional information and update training since the 2015's, during the next two month culminating with an EOC table top exercise in June. It is recommended that the Town Council receive training on their roles during an emergency and the potential for a delegation of authority process. During this spring 2010, the Town's Local Emergency Planning Group coordinating with lodging community meeting to address a number of issues including the evacuation of lodging properties and emergency generator capacity. V. Continued Evacuation Preparedness and Recommendations A. (PAWS, wireless messaging test on Wednesday May 2nd B. LRAD, mass notification system demonstration on May 2nd. If this technology proves to be beneficial, staff will return to council with a supplemental funding request to acquire this device. C. Town of Vail staff refresher training on Emergency Operations Center functions late May 2018. D. Table Top exercise June 2018. E. Offer 1-402, Incident Command System Overview for Executives and Senior Officials for Town Council members at a future date. VI. Attachments: A. 2018 Fire year outlook B. Town of Vail Emergency Evacuation Plan, Appendix J, of the Town Emergency Operations Plan Town of Vail Page 4 May 1, 2018 - Page 101 of 124 Evacuation Planning and Wildfire Outlook jr- VF:-) 2 JJ May 1, 2018 - Pi9011101/120 F°:.6)1VAIL Drought Maximum Temperature: 48.14 4F Precipitation: 0.35 in. Drought Monitor Intensity: DO: Abnormally Dry Palmer Drought Seventy Index: -5.47 Also see: Colorado, High Plains RCC, Intermountain West DEWS Town of Vail 1 VFES 1 5/1/2018 May 1, 2018 - Page 103 of 124 2 U.S. Drought Monitor Colorado April 17, 2018 (Released Thursday, Apr. 19, 2018) Valid 8 a,m, EDT Drought Conditions (Percent A rea) Intensity DO Amu rmallyDry - D3 Extreme Drought 01 Moderate Draught D4 Exceptional Drought MI 02 Severe Draught The Drought Monitor focuses on broad -scale conditions. Local coronions rney vary. See accorrmparryrr}g text summary {or forecast statements. Author: Brad Rippey U.S. Dl yir) anlafA ItltdfA of 124 None DO -D4 D1-04 02-D4 D3 -D4 D4 Cu Trent 15 74 84.26 69.17 53-65 24.42 3.,-- Last Week o4 -/a2 ete 12-38 87.62 69.43 53-65 24.31 0.00 3 Month s A g o Ot-f6.2ene 0.59 99,41 15.90 23-23 0.00 - - Start o1 Co112nodi Year 6-57 93,43 33.53 7.27 0.00 0.00 Start of Water Year B..26-2.-- 09..26-2:.— 67-83 32.37 3.72 0-00 000 7.':7 One One Year Ago 04484017 45.01 53.99 11.88 0.00 0.00 - - Intensity DO Amu rmallyDry - D3 Extreme Drought 01 Moderate Draught D4 Exceptional Drought MI 02 Severe Draught The Drought Monitor focuses on broad -scale conditions. Local coronions rney vary. See accorrmparryrr}g text summary {or forecast statements. Author: Brad Rippey U.S. Dl yir) anlafA ItltdfA of 124 30-120 Day Fire Potential Outlook June -July Large Fire Potential Average Large Fire Potential June -July Above 'Average Large Fire Potential June into earl- July. May 1, 2018 - Pag 105of1 4 Fire Potential -June Significant Wildland Fire Potential Outlook June 2018 yevaltrvilmisili ".--L Slif lt - ilii . .111 AliffO II I I U ig.-"Air1111.°1115-1. -"111.4011V ..ki% ad illarii1P1111111411111, vt.-41 v leis opmall 4.ertifaii. .■�� rower t- ,0 4 .. Icy ,Jm Hawaii A,FF'1 1. • AMP% 1111114 111011101* 4.1,11LN Alaska Significant Wildland Fire Potential - Above Normal �GeographicArea Boundary ji Below Normal Predictive Services Area Boundary Normal State Border Above normal significant wildland fire potential indicates a greater than usual likelihood that significant wildland fires will occur. IMP Puerto Rico " Map produced by Predictive Services, National Interagency Fire Cente Boise, Idaho Town of Vail 1 VFES 1 5/1/2018 May 1, 2018 - Page 106 of 124 5 Fire Potential- July S. Significant Wildland Fire Potential Outlook pr�. 1.141111#ft- 11111111111 4bir- 41191°1 Va it PO 4 1atit VAS HawaiiD5 44141Ideritlifie NOW altrWil:: July 2018 **4110111161 **ilk 4 4,7 Alaska Significant Wildland Fire Potential Above Normal Below Normal Normal Geographic Area Boundary Predictive Services Area Boundary State Border Above normal significant wildland fire potential indicates a greater than usual likelihood that significant wildland fires will occu Puerto Rico PREDICTIVE SERVICES Map produced by Predictive Services, National Interagency Fire Cente Boise, Idaho Town of Vail 1 VFES 1 5/1/2018 May 1, 2018 - Page 107 of 124 6 Wildland Pre -Incident Plan - Reference Map Page 3a Town of Vail 1 VFES 1 5/1/2018 May 1, 2018 - Page 108 of 124 7 Wildland Pre -Incident Plan - Wildfire Zone 2 Wildfire Zone 2 District 1 Miles 0 0.15 0.3 Town of Vail 1 VFES 1 5/1/2018 Legend Gate (Code) • Hefispot Hydrant a Staging • Dip Site Trails Page 2 May 1, 2018 - Page 109 of 124 8 Evacuation Information Zone Z Tote! Occupancies {6 1-3 Family 10 Mukiple Dwelling 44 Wird Occupancy. 0 Strip Ma!! 0 Commerdal/ Industria! 1 Assembly Property. 1 Small Pion -Dwelling Building 1 Large Non -Dwelling Building Zone Hee: LOiZ Acro Safety dan: Bighorn Park4125 Meadow Dr. Escape Routes: Streets leading west to Bighorn Park or use evacuation route east {Big Horn Rd to Bike Path to Lower Trude Ramp on :a I -70i Evacuation_ Streets leading west to Bighorn Pod. then west to I-70 e' B';har, Rd. East to Bike Path to Lower Tn. et R amp a nto 1-70 Nearest Staging dree: 51 Critical Infrastructrre: Water tank and communication towers south afF Snowshoe Lane Other Heaerds: Errtremely steep slops Caution/Nate: Hewr'trail use north of 3ar.e. Ifnawm Paint Locations: Point Name Common Name Addres Latitude Longitude 5.1 Big Horn Park 4.825 Meadow Dr. 39.17.73542'H 1e617.32229'W H1 Open field south of big horn park an Meadow Dr. 39.37.77451'N 106.17.30992V1 Town of Vail 1 VFES 1 5/1/2018 May 1, 2018 -Page 110 of 124 9 May 1, 2018 pipwx2v F VA 1 L EOP Annex G August 27, 2014 Town of Vail Emergency Evacuation Plan Introduction: The purpose of the Vail Emergency Evacuation Plan (EEP) is to educate the citizens, merchants and guests of Vail on how to respond to an emergency requiring a partial or full evacuation of the town and on the steps for the safe and orderly return to homes and lodging. The plan also serves as a guide for Town of Vail emergency responders on how evacuations are initiated, organized and implemented. Notification: Information in this plan will be presented at the community picnic held each summer. The Community Information Office will also provide the information through local media and post the plan to the Town of Vail website (www.vailgov.com). The plan includes emergency broadcast information, a hotline phone number to obtain recorded information, neighborhood pick-up locations, evacuation center locations, shelter locations and an instructions for citizens with functional and access needs. Key to the plan is the community's regular review of how to obtain information and their understanding of critical steps to the evacuation process in the face of a real emergency. When implementing the EEP, the Vail Communications Center will utilize the emergency phone notification, also known as Reverse 911, the Emergency Alert System via AM/FM radio stations and Roam Secure (EC Alert) text messages to homes, hotels and businesses in affected areas. Messages will contain real event information and emergency evacuation instructions. When time and personnel allow, first responders will drive through neighborhoods and make public notifications on emergency vehicle loud speakers or go door-to-door. Recorded Information: The road conditions phone number (970-479-2226) will become the evacuation hotline which the public can access for updated information provided by the Town Public Information Officer (PIO), or a designee of the Incident Commander. Use of the hotline will help reduce overwhelming call volumes to the dispatch center. Whenever possible, the updated information will also be posted on the Town of Vail website (www.vailgov.com) and on the Eagle County website (www.eaglecounty.us). Evacuation Centers and Procedures: Evacuation Center Check -In Locations (one or more may be designated): 1. Village Transportation Center Alternative locations: 2. Lionshead Parking Structure and Information Center 3. Donovan Park Pavilion May 1, 2018 - Page 112 of 124 Evacuation Instructions: A. Self -Evacuation by Vehicle: 1. Exit the area/neighborhood in the safest direction 2. Respond to the predetermined evacuation center check-in location B. Evacuation by Public Transportation: 1. Respond to the nearest neighborhood bus stop a. Citizens will then be transported to the evacuation center and checked -in. C. Shelter in Place: 1. During certain incidents, such as a hazardous materials spill, or communicable disease outbreak, the public may be asked remain indoors and not evacuate. Or due to the rapid spread of a wildfire, they may not be able to leave. In these cases, citizens should be prepared to stay in their homes for a minimum of 72 hours and have enough supplies on hand to support the number of residents living there. See www.ready.gov for more details. Homes should be made Firewise to increase the safety of sheltering in place during a fast moving wildfire. See www.firewise.org for more details. D. Safe Zone: 1. In the event of a wildfire where residents are unable to evacuate, they should go to a preplanned safe zone such as a large field that is clear of brush and far away from trees. a. West Vail Shopping Area b. Parking structures c. Ford Park fields d. Vail Mountain School fields e. Big Horn Park Citizens who self -evacuate or evacuate by public transportation will be asked to indicate they have already vacated their residence by displaying a large, white object (such as a sheet or a piece of paper) inside their home. The object should be visible and conspicuous and in the front (street -side) of their home. They are also asked to turn on their porch light. Neighborhood Bus Stops: The current neighborhood pick-up locations are the Town of Vail bus stops. When possible, buses will follow their regular routes. If a resident, merchant or guest is unable to make it to their neighborhood bus stop, they should go to the next nearest bus stop or alternative pick-up location for a safe evacuation, see below: Alternative Pick-up Locations: 1. Fire Stations May 1, 2018 - Page 113 of 124 2. Schools 3. Village Transportation Structure or Lionshead Parking Structure Pets: Domestic pets may accompany evacuees as long as they are on a leash or contained so as not to injure other evacuees or their pets. Pets will not be allowed at public shelters so the town will work with the Eagle County Animal Control to house pets of individuals housed in shelters. Evacuation Center Check-in: Check-in operations will be conducted by the Red Cross or Salvation Army. Required check-in information will consist of the evacuee's name, birth date, home address, cell phone numbers, the location of the temporary shelter in which the person will be placed, and when applicable, the date and time a person was released to take care of their own shelter needs. Evacuees will be assigned to shelters based upon the area of their residence. Following check-in, buses will transport evacuees from the check-in location to their assigned temporary shelter. To assist individuals needing to locate family members, a phone system will be set up. Functional and Access (Special) Needs Population: These are citizens and guests that will require assistance leaving their residence or, in the case of a power outage, those who have medical needs requiring electricity. This special needs population takes into account those who do not have transportation and are unable to get to the designated evacuation center or neighborhood pick-up bus stop location. The citizen provided information should be relayed to the Vail Police Department and Eagle County Paramedic Service even prior to an emergency in order to identify the number special needs persons requiring assistance, their locations and how best to transport them appropriately during an evacuation. Vail Mountain: People who are on Vail Mountain when an emergency situation takes place should remain on the mountain, as long as it is safe. Vail Resort Security is responsible for organizing shelter on the mountain, rerouting people across the mountain and conveying guests into town. East Vail Alternate Driving Evacuation Route: In the event the eastern portion of East Vail is blocked during a wildfire incident and residents are unable to exit, an alternative route from the far eastern end of Bighorn Road is to be used. At the spot where the gate marks the end of the road and where the Vail Pass bike path begins, evacuees should turn to the right onto the dirt road, which leads on to the lower I-70 runaway truck ramp and then onto I-70. Generally, any traffic would then be directed east bound on I-70, as it is a high likelihood the west bound I-70 would be closed at Copper Mountain. If I-70 was not closed west bound, then traffic would be routed west. See attached maps for details. Vail Valley Medical Center (VVMC) Evacuation: Due to the massive coordination required to evacuate the hospital, all efforts will be made to defend and protect it from whatever the nature of incident. If the hospital is evacuated, the VVMC plan will be put into action. May 1, 2018 - Page 114 of 124 Evacuation Incident Command Structure: Evacuations will be organized through the Incident Command System. Involved Departments: Primary Responsibility — Unified Command Police Department Transportation Department Community Information Office Secondary Responsibility Fire Department Public Works Department Eagle County Paramedic Service Colorado State Patrol Staffing Evacuation Center Check -In Locations Administration/Human Resources Department Library staff Shelter Operations Salvation Army Vail Valley Cares Red Cross Vail Recreation District Town of Vail Housing Administrator Emergency Evacuation Checklist Vail Police Department Incident Command System Emergency Evacuation Checklist This checklist is intended to provide a reminder to responding officers, supervisors and an incident commander at the scene of a major disaster. It is recommended that unified command be established to insure coordinated response with other involved agencies. During a major disaster, Law Enforcement and the Transportation Department are primarily responsible for the evacuation of the town or part of the town for safety reasons. Additionally, Law Enforcement is responsible for the protection of a crime scene, for traffic control and for recovery following the incident/disaster. Situation Assessment ❑ Location of disaster ❑ Type of disaster ❑ Size of involved area, actual and potential ❑ Specific area that needs to be evacuated ❑ Additional assistance needed, Police, Fire, medical, federal, military, CDOT, VR security ❑ Location of Command Post ❑ Select radio frequency to be used ❑ Best available ingress/egress routes for emergency personnel and vehicles ❑ Contact Eagle County Emergency Management May 1, 2018 - Page 115 of 124 ❑ Special Considerations ❑ Potential for disaster area to spread. ie; fire, chemical spill. ❑ Potential for explosion ❑ Population of town in Peak Season: 45,000 ❑ Population of town in off season: 4,600 ❑ I-70 closures at Copper Mountain and/or Minturn. Notify CSP ❑ No incoming traffic into the evacuation area, except for police escorts for people picking up children or special needs persons. ❑ Traffic Control, Crowd Control ❑ Determine if disaster is a crime scene ❑ Contact schools ❑ Contact Eagle County Animal Control and Animal shelters ❑ Contact CDOT for sign information and TOV VMS signs ❑ Contact Salvation Army ❑ Assign Police Officers at shelters and check-in locations resources allowing ❑ Set up containment/perimeter ❑ Consider traffic control at Buffehr Creek and Chamonix ❑ Set trigger points for evacuation and warning of evacuation Alerting the Public ❑ Reverse 911. (location of disaster, evacuation directions for people with transportation, staging areas for people w/o transportation, location of shelter) RoamSecure ❑ PIO or Comm. Center contact media with evacuation info Evacuation Transportation ❑ Some buses have handicap access ❑ 35 Town buses; capacity (75pp) Standing and sitting room. ❑ ECO buses ❑ Avon/BC buses ❑ CME ❑ Eagle County School District Buses May 1, 2018 - Page 116 of 124 Emergency Evacuation Pick-up Locations The nick-ua locations are the current TOV bus stow routes. S # NEIGHBOR- HOODS PICK-UP LOCATIONS / BUS STOPS 1 EAST VAIL • Aspen Lane • Bighorn Park • Lupine/Bighorn • Booth Falls • Meadow Lane East • Pitkin Creek • Pitkin Creek • Meadow Dr. • Falls at Vail • Falls at Vail • Main Gore Juniper • Booth Falls • Lupine / Bighorn • Main Gore/Bighorn • Bald Mountain Rd • Columbine/Bighorn • Racquet Club • Streamside Circle Townhomes • Timber Falls • Streamside E/ • Racquet Club Bighorn 2 GOLF CURSE • Hanson Ranch Rd. • 1610 Sunburts Dr. • Golden Peak • Club House • Soccer Field • Pulis Bridge • Ptarmigan West • Ford Park • Ptarmigan East • Gore Creek Dr. • 1448 Vail Valley Dr. . 3 VAIL VILLAGE 1N -TOWN • Gold Peak • E. Meadow/Vail Valley Dr. • E. Meadow /Covered Bridge • E. Meadow /Crossroads • E. Meadow /Vail Road 4 LIONSHEAD IN -TOWN • W. Meadow • W. Lionshead Cir./Concert Hall Plaza • W. MeadowNVMC • W. Lionshead Cir./Marriott • W. Meadow/Dobson/Library • Lionshead Mall 5 SANDSTONE • Middle Creek • Vail View Red/ Sandstone • Vail Run • Sandstone School • Sandstone Creek Club • Red Sandstone Rd. • Simba Run 6 WESTVAIL/ SOUTH SIDE • Vail Muni Building • Intermountain • Cascade Crossing • Meadow Creek • Cascade Village • Spruce Creek • Matterhorn • Ptarmigan • Underpass WEST VAIL NORTH SIDE • Chamonix • Upper Buffehr Creek • Holiday Inn • Timber Ridge • West Vail Mall • Lower Buffehr Creek • Vail Commons May 1, 2018 - Page 117 of 124 Shelter Locations In Vail: El Vail Chapel ❑ Town of Vail Council Chambers if not being used for the Joint Information Center or Vail Valley Medical Center Alternative site ❑ Red Sandstone Elementary School, Red Cross approved El Vail Mountain School ❑ Dobson Ice Arena, if not being used as a hospital surge capacity facility El Donovan Pavilion West of Vail: ❑ Homestake Peak School ❑ Battle Mountain High School ❑ WECRD Field House ❑ Avon Elementary School ❑ Eagle Valley Elementary ❑ Eagle Valley High ❑ Vail Bible Church ❑ Trinity Church Edwards ❑ Avon Recreation Center ❑ Avon Municipal Building ❑ Homestead Court Club East of Vail: ❑ Copper Mountain Chapel May 1, 2018 - Page 118 of 124 East Vail Emergency Evacuation Alternate Route Map EAST VAIL SECONDARY EVACUATION ROUTE V1A EMERGENCY TRUCK RAMP TO 1-7Q Ileel 1 251 SM _.9 EAST VAIL SECONDARY EVACUATION ROUTE V?A EMERGENCY TRUCK RAMP TO !-7O May 1, 2018 - Page 119 of 124 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 9 Series of 2018, Second Reading, An Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New Section 7-2B-4 Regarding Misuse of a Wireless Telephone While Driving PRESENTER(S): Matt Mire, Town Attorney ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 9, Series of 2018 upon second reading. BACKGROUND: On June 1, 2017 the Colorado General Assembly passes Senate Bill 17-027 regarding the misuse of wireless telephone while driving. The Town wishes to adopt certain provisions of Senate Bill 17-027. ATTACHMENTS: Description Ordinance No. 9, Series of 2018 May 1, 2018 - Page 120 of 124 ORDINANCE NO. 9 SERIES 2017 AN ORDINANCE AMENDING CHAPTER 2 OF TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF A NEW SECTION 7-2B-4 REGARDING MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING WHEREAS, on June 1, 2017, the Colorado General Assembly passed Senate Bill 17-027, regarding the misuse of wireless telephones while driving; and WHEREAS, the Town Council wishes to adopt certain provisions of Senate Bill 17-027. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B, to read as follows: 7-2B-4: MISUSE OF A WIRELESS TELEPHONE WHILE DRIVING: A. As used in this Section, the following terms shall have the following meanings: 1. "Emergency" means a situation in which a person: has reason to fear for such person's life or safety or believes that a criminal act may be perpetrated against such person or another person, requiring the use of a wireless telephone while the car is moving; or reports a fire, a traffic accident in which one or more injuries are apparent, a serious road hazard, a medical or hazardous materials emergency, or a person who is driving in a reckless, careless, or otherwise unsafe manner. 2. "Operating a motor vehicle" means driving a motor vehicle on a public street, roadway or highway, but "operating a motor vehicle" does not include maintaining the instruments of control while the motor vehicle is at rest in a shoulder lane or lawfully parked. 3. "Use" means talking on or listening to a wireless telephone or engaging a wireless telephone for text messaging or other similar forms of manual data entry or transmission. 4. "Wireless telephone" means a telephone that operates without a physical, wireline connection to the provider's equipment, including without limitation cellular and mobile telephones. B. A person under eighteen (18) years of age shall not use a wireless telephone while operating a motor vehicle, except if the person is using the wireless telephone to contact a public safety entity or during an Ordinance No. 9 Series of 2018 May 1, 2018 - Page 121 of 124 emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone. C. A person shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle, unless the person is using the wireless telephone to contact a public safety entity or during an emergency. An operator of a motor vehicle shall not be cited for a violation of this Subsection unless a law enforcement officer saw the operator use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission in a manner that caused the operator to drive in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances. D. This Section shall not be construed to authorize the seizure and forfeiture of a wireless telephone unless otherwise provided by law. Section 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. 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. Ordinance No. 9 Series of 2018 May 1, 2018 - Page 122 of 124 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of April, 2018 and a public hearing for second reading of this Ordinance is set for the 2nd day of May, 2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of May, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 9 Series of 2018 May 1, 2018 - Page 123 of 124 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 7:30 p.m. TOWN Of UAIL May 1, 2018 - Page 124 of 124